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HomeMy WebLinkAbout01-6377 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (71 'i) 'i1i'1-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INe. 7105 CORPORATE DRNE PLANO, TX 75024 COURT OF COMMON PLEAS CNIL DNISION TERM Plaintiff v. NO. 01 - 1.377 C;u,{ }-~ MICHAEL T. KOTHE 4079 DARIUS DRNE ENOLA, PA 17025 CUMBERLAND COUNTY Defendant(s) CIVIT. ACTTON _ LAW COMPT A TNT TN MORTr.Ar.Jc Ji'ORJi'CT .osnRR NOTTCIi' "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #; 7232212 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRNE PLANO, TX 75024 2. The name(s) and last known addressees) of the Defendant(s) are: MICHAEL T. KOTHE 4079 DARIUS DRNE ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 5/26/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GA TEW A Y FUNDING DIVERSIFIED MORTGAGE SERVICES L.P. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1615, Page 119. By Assignment of Mortgage recorded 11/14/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 659, Page 1147. 4, The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 611/0 I and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest 5/1/01 through 11/1/01 (Per Diem $26.21) Attorney's Fees Cumulative Late Charges 5/26/00 to 11/1/01 Cost of Suit and Title Search Subtotal $111,027.98 4,848.85 1,250.00 206.35 551l..QQ $117,883.18 Escrow Credit Deficit Subtotal 0,00 .12.L13. ~ 191 7'1 TOTAL $118,274,91 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in = Judgment against the Defendant(s) in the sum of $118,274.91, together with interest from 11/1/01 at the rate of$26.21 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. }~~MAvtA< /~I Fr::lnk Fp.np.rm::ln FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as fOilows, to wit: BEGINNING at a point on the soulllern dedicated rigllt.of-way line of Darius Drive at tile dividing line of Lot 1185 and Lot 1186; Thence by line of Lot 1185 and passing through tile center of a partition wall South 39 degrees 09 minutes 09 seconds East 110.17 feet to a point; Thence by line of land at Whelan Crossing Phase III South 53 degrees 03 minutes 08 seconds West 20.01 feet to a point at the dividing line of Lot #87 and Lot #86; Thence by line of Lot #87 and passing through the center Of a partition wall North 39 degrees 09 minutes 09 seconds West 109.40 feet to a point on tile southern right.of.way line of Darius Drive; Thence by said right-of.way North 50 degrees 50 minutes 51 seconds East 20.00 feer to a peint on the dividing line .~f Lot 1/85 and Lot 1/86, the place of beginning. CONTAINING 2,196 square teet. BEING Lot 1186 on the Final Subdivision Plan for Whelan Crossing, Phase VI, preparGd by ACT ONE Consultants, lne, dated February 25, 1998. recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. on July 21, 1998, in Plan Book 77, Page 23. Said Plan re-recorded in Plan Book 78. Page 36. BEING SUBJECT TO tile northern half of a drainage easement as sllown on the above mentioned subdivision plan. THE ABOVE DESCRIBED premises is also subject to certain restrictions and conditions as shown on the above mentioned subdivision plan. BEING a portion of the same premises which Charles E, Arndt. single man, by deed dated August 15, 1975, and recorded in the Office for the Recording of Deeds in and for Cumberland County, Pennsylvania, on October 17, 1975, in Deed Book H, Volume 26, Page 304, granted and conveyed unto William F. Rittner and Ernest L. Rittner, tenants in common. Ernest L. Rittner passed away December 20, 1978. By his Last Will and Testament, probated at tile Register Of Wills Office in and for Cumberland County, Pennsylvania, Ernest L. Rittner appointed his wife, Janice E, Rittner, Executrix for his estate. one of the Grantors herein, ALSO BEING a portion of 1I1Q same premises wlliell William F. Rittner and Frances M. Rittner, his wife, by deed dated November 3, 1975, and recorded in the Ofrice for the Recording of Deeds in and for Cumberland County, Pennsylvania, on November 3, 1975, in Deed Book H, Volume 26, Page 911, granted and conveyed unto David L. Young and Janet R. YOllng, husband and wile, as to an undivided one-half interest, and l<alllleen A, Rittner, Single woman. as to an undivided one-half interest, tenants in common, Grantors Ilerein. By Installment Agreement of Sale dated November 24, 1995, Janet R. Young and David l. Young, husband and wife, of Hampden Township, Cumberland County, Pennsylvania, Kathleen A. Rittner, single woman, of Alexandria, Virginia, and Janice E. Rittner, widow, Executrix for the Estate of Ernest L. Rittner of Silver Spring Township, Cumberland County, Pennsylvania, sold their interest in the premises to Whelan Associates, l,P., Of which Richard E, Yingst, Jr., is sole General Partner. The Certificate of Limited Partnership was filed with the Pennsylvania Department Of State November 27,1995. General Power of Attorney is vested in Janet Rittner Young for Kathleen A. Rittner, recorded in the Office for the Recording of Deeds in and for Cumberland County, Pennsylvania, at Miscellaneous Book 555, Page 1046. UNDER AND SUBJECT TO Covenants, Easements, Restrictions. Reservations and Rights of Way of Record, including, without limitation, those listed in the Declaration for Whelan Crossing, (a planned community subject to the provisions of the Uniform Planned Community Act, 68 Pa.C.S. ~5101 et sea.) filed by Whelan Associates, L.P. and recorded on August 12, 1997, in the Cumberland County Recorder of Deeds Office, in Miscellaneous Book 554, Page 480, as amended. Said Declaration provides for a homeowners' association and specifies the rights and obligations of all Owners of Units in Whelan Crossing. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining and the reversions and remainders, rents, issues and profits thereof and all the estate, right, title, interest, property, claim and demand whatsoever of the Grantors, in law, equity or otherwise, of, in and to the same and every part thereof TO HAVE AND TO HOLD the above-described premises with the appurtenances unto the Grantee, Grantee's successors and assigns, forever. AND the Grantors do hereby covenant and agree to and with the said Grantee, that the GC:JJ1tors. their heirs, executors and administrators, shall and will SPECIALLY WARRANT AND DEFEND the hereinabove described premises, with the hereditaments and appurtenances, unto the Grantee. Grantee's successors and assigns, against the Grantors and against every other person lawfully claiming or who shall hereafter claim the same or any part thereof, by, from or under him, her, ther:1 or M.. '" ,..""., "..",II "nri \Alil'<:lJhip.~t ;j~ aforesaid, SPECIALLY WARRANT AND PREKISKS: 4079 DARIUS DRIVE VERIFICATION FRANK FEDERMAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure is based upon information supplied by Plaintiff and is true and correct to the best of its knowledge, information and belief Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. ~1-~ Frank Federman, Esquire Attorney for Plaintiff DATE:~ ~ -Cot <q" ~ ~ ~ .c ~ fl\P d . ........ G': 8 tI) ...... ~ ~ f .() ~ ~ ~~ ~ ~T ~ -Or; , 111r-1.'1 ~E;~i (i, ~i~~: "'<- ~'... C~ 2\,--: ...- , ,.J.> S:~ ~1 -<. (') C> c ? ;~ "-~ ~i~ ~.. .-H :~,?';~ :.:: '---'{ ~~ -< .''0 "- \0 rc0 FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 1400 One Penn Center Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. PLAINTIFF COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY MICHAEL T. KOTHE No.01-6377 CIVIL DEFENDANT PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification with respect to the Complaint filed in the instant matter. ~.n./Yl ~ ~~O ^1'Y\OfY\-- F K FEDE ,/ESQUIRE Attorney for Plaintiff Date: NOVEMBER 14, 2001 VERIFICATION BRANDON SCIUMBA TO hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, lNe. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification. and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are tnie and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa, C,S, Sec. 4904 relating to unsworn falsification to authorities, DATE: (\(Iyla C") 0 r;? -oE E5 ::::f rnffl 0::: ;"h::n- z::I:i Cor- -;:,rfl1 i5~ O'l --16 ~6 c\: " =;:1"T ,'s-H ~g :J:: -,.('5 ~ am ~ c- ~ FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 1400 One Penn Center Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. PLAINTIFF COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY No. 01-6377 CIVIL MICHAEL T. KOTHE DEFENDANT PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification with respect to the Complaint filed in the instant matter. 9^O~~dJQ~ FRiNK FEDER ,E QUIRE Attorney for Plaintiff Date: NOVEMBER 16, 2001 11/07/2001 17:22 FAX 7066414394 GREEN POINT MORTGAGE CO ~001 JF--., _ .' '.... ,. JULIAN A W AD #8718546 VERIFICATION Patricia C. .'Lee",hereby states that he/she is Assistant Vice President of GreenPoint Mortgage Funding, Iric. mortgage servicmg agent for Plaintiff in this matter, that he/she is authorized to take thi I I Verilication, and that the statements made in the foregoing Civil Action in Morth'<lge Fo"eclosW'e i are true and correct to the best ofhislher knowledge, infonnal1on and belief. The unden.igned : understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 'elating ! I 10 unsworn falsification to authorities. 0Y~:U0L2- Patricia C. Lee Assistant Vice pres1ienc DATE: 11/2/01 (") C> 0 C -n ;s:: :z: ",-.-\ -00:1 ~ l~~ rnfT', Z:r) -';!~T~ ZC ..n "C~ Ul~: ~:,,:~l ( 26 .." ~'2""; '< (")31 ~~ 3 ::-'70 "'-rn - ~ .. ~ N ~ Cf\ SHERIFF'S RETURN - REGULAR CASE NO: 2001-06377 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS KOTHE MICHAEL T DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KOTHE MICHAEL T the DEFENDANT , at 1956:00 HOURS, on the 9th day of November, 2001 at 4079 DARIUS DRIVE ENOLA, PA 17025 by handing to MICHAEL T KOTHE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.10 .00 10.00 .00 37.10 r~--<~ R. Thomas Kline 11/13/2001 FEDERMAN & Sworn and Subscribed to before By: p~~~. \&L me this .2l. '===' day of Deputy Sheriff ~~ .:It>11/ A.D. ~,. Q. M.ilj,. ~ A q~ Prothonotary' FEDERMAN AND PHELAN lIy: 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 CORPROATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-6377 CIVIL MICHAEL T. KOTHE Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor ofthe Plaintiff and against MICHAEL T. KOTHE and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 11/1/01 to 12/11/01 TOTAL $118,274.91 $1,022.19 $119,297.10 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. JcJ;li F FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ IJ ~ DATE: 1;).- (/-01 ~ ^ - Au PRO PROTHY (j (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 CORPROATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-6377 CIVIL MICHAEL T. KOTHE Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 1l-1 L 2001. By: 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 HA VE 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." (") ~. -0 UJ rrln-: 2::1: Zr.; ~~~::' :.--C) ):'C ~C~) ):;~C- -Z ~ C) ,C-) :'1", CJ 1""1 ,-, :~ , \:I; . C) .:..;:.~ ~.;~';~ -~ ~ -< -0 =: r;? r. ..... FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS, INC. CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. NO. 01-6377 CIVIL MICHAEL T. KOTHE Defendant(s) TO: MICHAEL T. KOTHE 4079 DARIUS DRIVE ENOLA,PA 17025 ,- ...-. ,,~.. ,. It DATE OF NOTICE: NOVEMBER 30,2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~~~ 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 BL YD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. 7105 CORPROATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. MICHAEL T. KOTHE NO. 01-6377 CML Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MICHAEL T. KOTHE is over 18 years of age and resides at , 4079 DARIUS DRIVE, ENOLA, P A 17025 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ ~V t!L- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff i ~ , \ ~ r-- [\ ~ E :::i ""\- \ ~ ~@R - ,~ ~~~ 0'\, ~ -- -...I c..N "6' ~;v &~f ~ ~ r " - ~ ~ '" ........ 6 ........ o s-= -ot}: tTlff' Z:]' u~\i~ ~~.~, z(.-. ""'-(-:) ......-.-c -/ ~ o c;:J r'"t1 ,-, , () .~,' \ -0 -("1 ,;::-c.: ~,;;'n \;~" " -, -.-' (~.~s-(~ ~ C'-:s ~ ~ r:- .J PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INe. Plaintiff, v. MICHAEL T. KOTHE No. 01-6377 CIVIL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $119,297.10 Interest from 12/11/01 to 3/6/02 (per diem -19.61) $1,686.46 and Costs TOTAL $120,983.56 4J~ 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. , II'> M <= I"- .... ~:S ~ O~ 1.3 z <' 0 ~~ Z ... "'" ... ... 0 <'Ii' OJ z "'"00 u f;I;l ~~ ~ f;I;l ~'E' ~ 13 = ~ ~ Of;l;l ... f;I;l = ~ ~. "'" ~ ~ '..,:l ~ = '" ~ 0"0 Ol ~ " 8~ ... f:: - .s:> ~ j:l.; 00 ~ .; ~~ .... ~ ~OJ = ~ "'" <E 00 f;I;l ~ i ~ ...u ~ IlI:i os = o~ !a' ~~ ~ u ~'g =- p.. ~ ~~ l"- e Ife <= 8;1 ..,. ~ ~ ... f;I;lf;l;l u ;,; ~~ ~ '" .;,; i 0 " u - ~ .~ "'u ~ ALL THAT CERTAIN 101 or tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as fallows, to wit: BEGINNING at a point on the soutl1ern dedicated rigllt,ol.way :ine of Danus Drive at the dividing line of Lot 1/85 and Lot 1186; Thence by line at Lot 1185 and passing through the center 01 a partition wall South 39 degrees 09 minutes 09 seConds East 110.17 (eet to a point; Thence by line of land of Whelan Crossing Phase III South 53 degrees 03 minutes 08 seconds West 20.01 leet to a point at the dividing line of Lot 1187 and Lot #86; Thence by line of Lot #87 and passing through the center or a partition wall North 39 degrees 09 minutes 09 seconds West 109.40 feet to a pOint on the southern right-ot-way line of Darius Drive; Thence by said right-ot.way North 50 degrees 50 minutes 51 seconds East 20.00 leet to a point on the dividing line of Lot //85 and Lot 1/86, the place of beginning. CONTAINING 2,196 square f~et. BEING Lot 1/86 on the Final Subdivision Plan for Whelan Crossing, Pllase VI. prepared by ACT ONE Consultants, Inc, daled February 25, 1998, recorded in the OHice of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on July 21, 1998, in Plan Book 77, Page 23. Said Plan re-recorded in Plan Book 78, Page 36. BEING SUBJECTTO the northern half of a drainage easement as shown on tile above mentioned subdivision plan. THE ABOVE DESCRIBED premises is also subject to certain restrictions and conditions as shown on the above mentioned subdivision plan. BEING a portion of the same premises which Charles E, Arndt, single man, by deed dated August 15. 1975, and recorded in the Office ror the Recording o( Deeds in and (or Cumberland County, Pennsylvania, on October 17, 1975, in Deed Book H, Volume 26, Page 304, granted and conveyed unto William F. Rittner and Ernest L Rittner, tenants in common. Ernest L. Rittner passed away December 20, 1978. By Ilis Last Will and Testament, probated at the Register of Wills Office in and for Cumberland County, Pennsylvania. Ernest L. Rittner appointed his wife, Janice E, Rittner, Executrix (or his estate, one of the Grantcrs herein. ALSO BEING a portion of lho same premises wllicll William F. Rittner and Frances M, Rittner, his wile, by deed dated November 3, 1975, and recorded in the Ofrice for the Recording of Deeds in and for Cumberland County, Pennsylvania, on November 3, 1975. in Deed Bock H, Volume 26. Page 911, granted and conveyed unto David L. Young and Janet R. Young, Ilusband and wile, as to an undivided one-half interest, and I<athleen A, Rittner, single woman. as to an undivided one.half interest. tenants in commol1, Grantors Ilerein. (") 0 () c: -n ;;. c::> -u c;.: l-n ;:J:'-' rnc;-' CJ , 7-1 ',~::; ""'~ /-~ 22~:, (~) -0 ):; C' :> .~ (o-S ~6 ~ ~,:)(-n c -' z C" "'J:'~ ~ ~"J 00 '< , COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MICHAEL T. KOTHE CIVIL DIVISION Defendant(s). NO. 01-6377 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.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 .4079 DARIUS DRIVE. ENOLA. P A 17025 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL T. KOTHE 4079 DARIUS DRNE ENOLA, P A 17025 2. Name and address ofDefendant(s) in the judgment: MICHAEL T. KOTHE 4079 DARIUS DRIVE ENOLA, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 4079 DARIUS DRIVE ENOLA, PAl 7025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PAl 70 I 3 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PAl 7105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 10.2001 DATE -1J U ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff F~ -. ~ 3: - ~ .1- e po J ~ ;t'~'> 9..,~~~ ~ 6 c:t ~ . ~ (") a (J C .'[1 ;e- o '"Dca ~'q n'lr~-: r"") 1J Z:'J:.~ :z ~~ ~~;; CJ ~c, (~,1 -0 ~fi ::'11: -"', (-) "-, c.~) rn -.... ~ ~ r:.- ':0 ::0 -< FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PIllLADELPIllA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. MICHAEL T. KOTHE CIVIL DIVISION Defendant( s). NO. 01-6377 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: (X) an FHA mortgage () non-owner occupied () vacant o Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. i~YQ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 0 C"J 0 c: ~.n S- O -orr: r-11 -n mrr' e"" , ~;-:. --;r...., ~-,~, .. :.:.::: :;;~C ~~~~:,:. c:.C' 'U -f. ~~~l ::r. ~:J c) N C) ,-n )"C 7: !:"" ~";:; ~ ~J (P -< COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY v. No. 01-6377 CIVIL MICHAEL T. KOTHE Defendant(s). December 10,2001 TO: MICHAEL T. KOTHE 4079 DARIUS DRIVE ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE, IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at. 4079 DARIUS DRIVE. ENOLA. PA 17025. is scheduled to be sold at the Sheriff's Sale on MARCH 6. 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 119.297.10 obtained by COUNTRYWIDE HOME LOANS. INC. (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for tht: JUNE 5, 2002 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ALL THA T CERTAIN lot or trac: of land Situate in Hampden Township, Cumberlanc County. Commonwealth of Pennsylvania, more particularly bounded and described as follows. to wit: BEGINNING at a pcint on t~e .owll1ern dedicated ngi~l-ol-way :ire of Janws Dnve at tile ::ividing line of Lot 1/85 and Lot 1186: Thence by line of l.ot 1/85 and passing through the center of a partition wall South 39 degrees 09 minutes 09 secones ::ast 110,17 feet 10 a point; Thence by ~ine cf land af Whelan Crossing Phase III Scuth 53 degrees 03 minutes 08 seconds West 20,01 feet 10 a point at the dividing line of Lot 1/87 and Lot 1/86. Thence by line or Lot 1187 and passing through the :er.ter Of a par!ilion wall North 39 degrees 09 minutes 09 seconds West 109.40 feet to a pOint on the southern rtght-or.way line of Darius Drive: Thence by said r'ght-of.way Ncrth 50 degrees 50 :ninutes 51 seconds East 20.00 ICOI to a .ocint cn the div!c'ng line of Lot 1185 and Lot 1/8G. the place of beginning: CONTAINING 2.196 square r~9t. BEING Lot 1/86 on the Final Subdivision Plan for Whelan Crossing, Phase VI. prepared by ACT ONE Consultants, Inc. dated February 25, 1998. recorded in Ihe Office at the Recorder of Deeds in and for Cumberland County, Pennsylvania, on July 21. 1998. in Plan Book 77, Page 23, Said Plan re-recorded in Pian Book 78. Page 36, BEING SUBJECT TO tile northern half at a drainage easement as sJlown on the above mentioned subdivision plan. THE ABOVE OESCR/BED premises is also subject to certain restrictions anc conditions as shown an the above mentioned subdivision pian. BEING a portion ot the same premises which Chartes E. Arndt. .ingle man, by deed daled August 15. 1975, and recorded in the Office ror the Recoreing or :leeds in and ror Cumberland County. Pennsylvania, on October 17,1975. in Deed Book H, Volume 26. Page 304, granted and conveyed unto Wiiliam F, Rittner and Ernest L. Rittner, tenants in common. Ernest L. Rittner passed away December 20. 1978. By his Last Will and Testament. probated at the Register of Wills Otrice in and for Cumberland County, Pennsylvania, Ernest L. Rittner appOinted his wife, Janice E. Rittner, Executrix for his estate, one of the Grantors herein. ALSO BEING a portion of tho same premises Wllicll William F. Rittner and Frances M. Rittner. his wife, by dead dated November 3. 1975, and recorded in the Office for the Recording of Deeds in and for Cumberland County. Pennsylvania, on November 3, 1975, in Deed Book H, Volume 26, Page 911, granted and conveyed unlo David L. Young and Janet R. Young, husband and wile, as 10 an undivided one-half interest, and I<alh/een A. Riltner. single woman. as 10 an undivided one-half interest, tenants in common. Grantors Ilerein. ur'T-;: nl!;:'; _....ft,. ",,_:3,,' -=: ~:., Uj-,-~.," ~<~ );:C) C 7" ~ () C) c- .-- , :-:J -'I ,~._) :~ } ; :':() ;;:JJ :-.~:~ I~'~ ,;! 5.J -< N """ CO ::>P er- AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF COUNTRYWIDE HOME LOANS, INC. No. 01-6377 CIVIL DEFENDANT(S) MICHAEL T. KOTHE ACCT. #7232212 SERVE MICHAEL T. KOTHE AT 4079 DARIUS DRIVE ENOLA, PA 17025 Type of Action _ Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 SERVED Served and made known to \'f)iCr-ce\ \. to+he,Defendant,onthe aD~ dayofLTaou@ft,200g atJi;..il,o'c1ockt>,m.,at~Dlq Z'\Yf,u,,,\ ])(. &.010 (0t.MbM/~ ,Commonwealth C 0UA'11-10 of Pennsylvania, in the manner described below: .$-Defendant personally served. Adult family member with whom Defendant(s) reside(s), Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s), Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. ~dl^J I b~ Description: Age 30:50 Height k2.d" W eight ~ Race LU..- Sex n Other - 5 Ie. O'2Q,;;J eu.:;:. I, JA. ~i.Cv-e \ \e GLl~M. a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Other: Sworn to and subscribed before me this _ day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. NOT SERVED On the day of ,200_, at o'clock _,m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: Sworn to and subscribed before me this .J ') ""day of ,200 . Notary: --J Notarial Seal Lisn M. Greason, Notary Public Carlisle Bora, Cumberland C::.'t:nty My Commission [_;{P_~f8S Ss.:!. s, :~Q02 By: orne for Plai iff Frank Federma ,Es ire - I.D. No. 12248 One Penn Center at Snburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ,< . . , () 0 0 c: N -n 5: ..., -0 OJ ,.." :II mfTi o:l ,- Z:::U I .<rt1 ZC. 0:> -,ey ~'C ,,)6' " ~r=e: , ~-~ -,.-. ,< ""0 ,~~:D >0 ::I;;: :,~O z" orn --= <:> 1);' ;;'C:': ~ ~ :::> -, \0 ~ 06/04/02 TUE 07:54 FAX 2155633826 FEDERMA~ AND PHELAN II " FEDERMAN AND PHELAN, L.L.P. BY: FRANK FEDERMAN, ESQUlRE ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 A. TORNEY FOR PLAlNTIFF C( IURT OF COMMON PLEAS CI iIL DIVISION N( I: 01-6377 CIVIL COUNTRYWIDE HOME LOANS, INC. v, MICHAEL T. KOTHE Cl MBERLAND COUNTY MOTION FOR POSTPONEMENT OF SHERl FF'S SALE Plaintiff, by its counsel, Federman and Phelan, petitions this Honorable Court for a ~ month postponement of its Sheriff s Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involve~ herein has been scheduled for 6/5/02. 2. Plaintiff has agreed to possibly place mortgagors on a repay plan, which would allow the Defendant(s) to cure the mortgage default. 3. A ~ month postponement ofthe Sheriffs sale will enable Plaintiff and Defendant(s) to complete negotiations. WHEREFORE, Plaintiff respectfully requests that the She] iff's Sale of the mortgaged premises be continued to 9/4/02. FEDERMl N AND PHEL ,/ B~rJ DALE f. SHUGHART, ., ESQ., LOCAL COUNSEL FOR FRAN~ FEDERMAN, ESQUIRE ATTO: lNEY FOR PLAINTIFF ~004 ;:~~ ~ r ('::-"1 .'........ = ::.:~, :.::::.: : ')' '~-t ......~..... (:'> =< 06/04/02 Tl'E 07: 54 FAX 2155633826 FEDERMA~ A~D PHELAK I4I 003 . '" JUN 0 4 2002 ty FEDERMAN AND PHELAN, L.L.P. ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 A' TORl\TEY FOR PLAINTIFF C< IURT OF COMMON PLEAS CI vIL DNISION NO; 01-6377 CNIL COID.'TRYWIDE HOME LOANS, INC. v. MICHAEL T. KOTHE ClIMBERLAND COUNIT ORDER AND NOW, this L1fL day of J" LV? ~ ,Z 60c, after consideration of Plaintiff's Motion to Postpone Sheriff's Sale of the mortgaged property, it is hereby ORDERED that the said sale is extended J month(s) to thetegularly schedUled CUMBERLAND County Sheriff's Sale dated 9/4/02. No further advertising or additional notice to lienholder or defendant(s) is required, BY THE < OURT: CtOfY ilV~ to Da/~ Sf,L"lrc.,.../-\JR... (l;f Y i JV~ f\) 3 ~d:(, CoI}' l'Il~'(~oIl() Hde/men Y- P/'e1a"7 {b/Jt JY/adat ftJ mJcAae. ( ~ Ko ft<- ~ . ! I I 'f..oOe '\:1 /"1V;;C ~11N~10(j v' (ft}J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: COUNTRYWIDE HOME LOANS, INC. ) ) CIVIL ACTION vs. MICHAEL T. KOTHE ) ) CIVIL DIVISION NO. 01-6377 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMSERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for COUNTRYWIDE HOME LOANS, INC. hereby verify that on 12/11/01 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 12/11/01 by certified mail return receipt requested see Exhibit "S" attached hereto. DATE: July 25. 2002 FgN'K~~D~~ESQUIRE Attorney for Plaintiff .'<). . - .... "'..... i" a 0_ ~z ~' " ,;5- 0..0 "'~ '< 8, '" o 5- ~ "'..... o 0 ~ ~ ~-z ~l g'~ -~ 0'" ~~. o ~ tn'" .g~ oa ~~ ~Ji if Z ~ o ~ '" o ~ :i- S' " i2:~8H;;l ~8_~-~~ ~;(so- ;:; po ~ Ii- dd~ ~3'a.g-i3 ~a g,~ g' - (,11I-'0 g'~85:;> Hd~ g."! Il iii'~' o-g..,cr(; ~ ';j ~ ...'" o 2: n g. ~- """nE;t'lo. g Iii-;: E; 0 ti~5ii= i3l',)tI'~e. OQb~G~ !'I'eR'go ~ilfl'~ ~ ~.; g- ~~1 8- Ii Er I'" Er iifl'S::'; U~!, rq 0 0 II '0 g ~ a~ ft i ~ ~ are. ~n3~ 08883 C". tr1 ~ Q. ~i ~ ~ -'I:: g,;", ~ s::~, if h~il ~ il 5 ~, tn6~~t ~ If~, s ~~~[ ~ ~,~ ~ g. ~ 13"!' s:: 8'0 bn-g~ ~ ;;-.g. ~ E a 8' e. .".., ~ v. ~ ..". ~ v.> ~ ~ ~ o \0 00 -..J '" ~ to-> ;? -~~ \ ~.l,\ , "":\ ',' \'tn " J~ i~~ --- ' : , ' ~ -:~.::- . .SJfIl-S-IAGt ~, .. .. LOO=~ . .~.. , -. -"t ... ;?= -,f€' :~~p~~.,~~fj!_~:: Fa !.tE1'~;;' 601:>831>0... I I I I I I I I v. ..". to-> v.> -J to.> W to.> to.> .... to.> ~ o 51 JI1 ~ ~ .... (") ::I: ~ t'"" ~ ~ o 51 JI1 ..". o ~ t:l )> e en t:l ~ <: JI1 t:l o ~ tIl ~ n ~ ~ ~ en o >-r1 ~ tIl ~ ~ 8 ~ ~ <3 ~ (") tIl ~ ~ ~, ~ , >-r1 ..". '0 S m ~ ~ ~ ~ ~ ~ ~ 'g q ~ ~ o Z >-r1 0 ~ ~ ~ ~ '0 rii g ::<:l ~ ~ '" tIl ,;:;: ,>-l , ~ ~ en en lJj ~ ~ ''0 .P )> '0 - )> cl - v.> tIl Z o t'"" ?- '0 )> ~ o t'"" ?- '0 )> - -..J o to-> v. - -..J o to-> v. - -..J - o v. - t'"" 5' <1l o~z .... ~ ~ r/l~8 to ., to == ~ ~ go"'== ., ~ > ::1 0- j;" z c: 3 tT lD .. z >> a . o ~ > '" "- " = . !' "'.....O'Tl :r. ~ ::it:r:l p;'-.J~t1 ~(s<i~ l~()~ '", ~ a ~~~~ 8~ g: ~ .tDc:tI:! ;;;;ga-t"'" ~ii"g> <r/lZ ~a!li 6' r:t_ "ll g ~ ~ = -- -rt C)..... e~ .,0 IJQ 0 ::r <1l ., rn =t ~ .. >> 5. ." ~ o ill " . > "- "- " = ... , , ." ! >> ': ." ~ 71bO 3"101 "talflf bS2"1 75a2 TO: MICHAEL'T. KOTHE 4079 DARIUS DRIVE ENOLA, PA 17025 SENDER: { JPG' " ...., REFERENCE: SALES PS Fonn 3800. June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted DeWvery Total Postage & Fees US Postal Service ! r f ! , Receipt for Certified Mail " . , () C~ C f'v ~ , -0 U.. c= rn i 1 1 -7 -.. /. c: N (f) \.0 -. ~ .-.."...... S. l, .. j,; C' ~,) c: L ,'0 :0 ::~ (....) -< Countrywide Home Loans, Inc. VS Michael T. Kothe In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6377 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriffs Costs: Docketing Surcharge Law Library Prothonotary Mileage Levy Advertising Posting Handbills Share of Bills Poundage Law Journal Patriot News Certified Mail Postpone Sale 30.00 to.OO .50 1.00 17.55 15.00 15.00 15.00 24.20 19.74 460.70 347.10 .81 40.00 $1006.60 paid by attorney 09/03/02 So A.nswjlrs: ,.."'''~'(l'Yc _~~ This q!!- day of ~"'-'-" 1 >'4<\i:;,'''_c:",:~ ':7~ 6 ' ~ R. Thomas Kline, Sheriff 2002, A.D. 0 ~ '~BY\)O ~ Real~te Deputy Sworn and subscribed to before me Prothonotary sO I. C:JL 3 fO;;"3 ~. J.J 93f( COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MICHAEL T. KOTHE CIVIL DIVISION Defendant(s). NO. 01-6377 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.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 .4079 DARIUS DRIVE, ENOLA, P A 17025 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL T. KOTHE 4079 DARIUS DRIVE ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: MICHAEL T. KOTHE 4079 DARIUS DRIVE ENOLA, P A 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of'whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 4079 DARIUS DRIVE ENOLA, P A 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 10, 2001 DATE jJ U~, FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CUMBERLAND COUNTY COUNTRYWIDE HOME LOANS, INC. plaintiff, No. 01.6377 CIVIL v. MICHAEL T. KOTHE Defendant(s). December 10, 2001 TO: MICHAEL T. KOTHE 4079 DARIUS DRIVE ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN "N<RUne' ,"D m" Dm WA' NO' ,,,m'MW, 'H" " ND' AND 'HDUW NOT " CDN'"'UW TD BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY," Your house (real estate) at. 4079 DARIUS DRIVE. ENOLA. PA 17025, is scheduled to be sold at the Sheriffs Sale on MARCH 6. 2002 at 10:00 a.m. in the Cumberland County courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of 119.297.10 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the JUNE S, 2002 Sheriff s Sale. NonCE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you ma; call: (.215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 ch you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property, 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390, 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened, 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3 I 66 (800) 990-9108 ALL THAT CERT AIN rot or :rac: of land siluate in Hampde~ Township. Cumberlanc County. Commonwealth of Pennsylvania. more par~icu!ar!y bou~dcd and described as follows. to Wit: BEGINNING at a pOint Q~ t~e ,0~U~ern dedicatec ngi~HI-way :ineo; Janus Dnve atlhe dividing line of Lot 1185 and Lot 1186: T1ence by !ine cf ~ot1l85 and passing through the center of a partition wall South 39 degrees 09 minutes 09 seconc:s ':ast 110,17 feet :0 a point: Thence by !ine cf land cf Whelan Crossing ::lhase III Scuth 53 degrees 03 minutes 08 seconds West 20,01 feel to a peint al the :::ividing lir,e of Lot #87 and Lot #86. Thence by line of LOlIIS7 and passing through the :enler 01 a partiUen wall ~Jcrth 39 degrees 09 minutes 09 seconds West 109.40 feel to 3. pelnt en the souther" r'Ght-of-way line of Darius Drive Thence by said r'g~Hf-wa'l Ncrth 50 degrees 50 minutes 51 seconds East 20.00 :2et to a pcint on ~he ji'J~c":;,g line ,:,f Lot IIE5 and Let 1/%. the pl::Jce of beginning. CONTAINING 2.196 square f~9t. BEING Lot 1/86 on the Final Subdivision Plan for Whelan Crossing. Pllase VI. prepared by ACT ONE Consultants, Inc. daled February 25. 1998. recorded In the Oflice 01 the Recorder of Deeds in and for Cumberland County. Pennsylvania. on July 21. 1998. in Plan Book 77. Page 23, Said Plan re-recorded in P!an 3eek 78. P~ge 36. BEING SUBJECT TO tile northern half of a drainage easement as sllown on tl1e above menticnec: subdivisien plan. THE ABOVE OESCRIBED premises is also subject to certain restr'ctions anc conditions as shown on the above mentioned subdivision plan, BEING a portion ollhe same premises which Charles E. Arndt. single man. by deed dated August 15. 1975, and recorded in the Office lor the Recorcing oi Jeedsn and for Cumberland County. Pennsylvania. on October 17. 1975. in Deed Book H. Volume 26. Page 304, granted ~nd conveyed unto William F, Rittner and Ernest ~, Rittner. tenants in common. Ernest L. Rittner passed away December 20. 1978. By 11is Last Will and Testament. probated at tile Register of Wills Office in and for Cumberland County, Pennsylvania. Ernest L. Rittner appointed his wife. Janice E, Rittner. Executrix for his estale. one of the Grantors herein. ALSO BEING a portion of the same premises wilicll William F. Rittner and Frances M. Rittner. his wife. by deed dated November 3. 1975. and recorded in the Otfice (or the Recording of Deeds in and lor Cumberland County. Pennsylvania, on November 3. 1975. in Deed Sook H, Volume 26, Page 911. granted and conveyed unto David L. Young and Janel R. Young. tlusband and wife. as to an undivided one-half interest. and I<athleen A. Rittner. Single woman. as to an undivided one-half interest, tenants in commOIl. Grantors 11erein. WRIT OF EXECUTION.and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) 01-6377 NO ~_~_~_ CIVIL 19_ CIVIL ACTION - LAW TO fHE SHERIFF OF CUMBERLAND u _ COUNTY Countrywide Home Loans, Inc. fa satisfy the debt. Inferest and costs due -..--------___~___,__PLAINTIFF(S) trom MichaelT... -.l<QJ::Il~,_ 40}_9~D_a_:r:iu~_Driv~,__~nola PA 17025. u - _________________ _ _ ,___DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located at 4079- -Dii-riuS--Driv-e... Enol~--.I'.IL__II025-,- (See attached legal description.) (2) You are also directed to atlach the property of the defendant(s) not levied upon in the possession at __ ------------- -_......~-- ._---. - _._-----~- GARNISHEE(S) as tallows and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof. (3) If property 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 "~l,,L~?97 .1(2~.._____ _ Interest 12/11/01 - 3/6/02 $1,686.46 ($19.61 per d~emr' Atty'sComm________% ____ LL $.50 -- ._----~--_..._-- $1. 00 Due Prothy Other Costs Atly Paid ___ Plaintiff Paid $109.10 Date December 11, 2001 CURTIS R. LONG . ___._____.-u. ._____._______ ___ _______ REQUESTING PARTY Frank Federman, Esq. - .----...---..--.---...-------.----------- .------- 1617 JFK Blvd, Ste 1400 --- --------------.-.---.--.--- Philadelphia PA 19103 1814 ..,-----. - -_._--------~._-_._--_.._.__..._._--- Morney for _..__,__ plaintif..!..___,_,____ Telephone:, (215) 563 7000 Supreme Court ID No 12248 ", uj'~ 7lj:;Z; Deputy Name Address REAL ESTATE SALE No. Sf On December 13,2001, the sherifflevied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, P A, known and numbered as 4079 Darius Drive, Enola, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 13, 2001 By: ~~~~ c; \H\ "3 l\ \1\H"i.r.1i, 0 ",\ - 1\ '.)~\\ \\\. \\-l Of. t. ~"a'j 0 . "":l\~! :lC',,; . 10" l-~\\\ c 'J,l ::I::II'tl.\\- 6S ~ ~ liliij THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No, 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly Sworn according to law, deposes and says: That he is the Ass!. Controller of The Patriot News Co" a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, Owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854. and September 18th, 1949, respectively, and all have been continuousiy published ever since; That the printed notice or pUblication which is securely attached hereto is exactiy as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s} of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of pUblication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Da/hin in Mis~ellaneous Book "M", V;~:L11~:~;;~7' ......................tit..,/~......,....,....,....,....,....,.. COpy Sworn to and subscrib is 22nd ayof ruary 2002 A.D, S ALE #58 Notarial Soal Tony L. Ru..,U. Notary PublIc Harrisburg. Dauphin COUnty My CommisSion elCpires June 8, 2OOl! N TARY PUBLIC Mamoer, Penn.yIVania Association at Nota~y commission expires June 6, 2002 CUMBERlAND COUNlY SHERIFFS OFFICE CUMBERlAND COUNlY COURTHOUSE CARLISLE. PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr, For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 345,60 1.50 347.10 Publisher's Receipt for Advertising Cost The Patriot News Co" publiSher of The Patriot-News and The Sundav Patriot-News, newspapers of general circuiation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By"".""""""",.""."""",."""",."".,""",'..",'., 1""""'" - _1IlIMriIw.Mo.A WItt Mo....,., CIvIITMm ~Homo I.GInt, Inc. VI IIIchoII T.1(alhe . Ally: FrqI< FtdInnIn DBSClUPI'ION' ;:., ' ~, ALL TIfAT ~ 101 Qrlnlot .of land ..),......"~, Cumbt<1and ~,'(lI~."'..yIVlllia, more partIcuJIlly i>ooI!dcd tod ..........,foIlow.. to wit ' BEGINNING 8l . point OII.the _ - fiIbt..t.W8)' till!O of llali.. DrM: 8l die clividlDalloo of Lot IIl5 and Lot #86; Tbsoce by... of Lot IIl5 tod potSing through die _ of .,ponItjon wall South 39 dep. 09 _ 00 _ But 110.17 feet to a point; Thence. by ... off~' ,of )VheJan en.Iaal!lllllolll~!3 '83........ 08 _.WeIt -'01 feet to . point 8l the dividing IlDe of Lot #(/ and Lot #86; Thence bylloo of Lot 1/81.... potSing throaglt the _ofaplltitllal,waIINmh 39 depcs09 - 09.....Wat 109.40 feet to a point 011 the 1llIlIbtm1laflt..t.""l' IlDe of llarius DrM:; Tbsoce by said riIbl1>f.W8)' Nmh so degt<ea SO _jl_ East 20.00 feet toapointOlldledlYidiDglineofLotlll5and Lot 186, die place o(liepnaing. CONTAINING 2,196 _ feol BEING Lot 1186 OII-ille FInal SubdlYisiOll PI.. !tit Wboltn CroatiD&. PIJue VI, prepored by Acr O!IE~_d!Iod Febrwuy 25, 1998, _iadloQlIk",tthe RcconIer of Ileeilo"-lo IIIIlI tr~land ' CObi!Iy, PennsyIVlllia, 0Il1uly21. 1998 in Plan Book ~, 13. SaId PI...._eel... 8.""36. '1, . . S\lIlIIiCl'; Jl}1/Jo..... ~., ~"~<....:on ~/. ~-~~~-, , . .. ~~. ~~nr....... BEING aJlOllial of'the """" pmoites which Cbades l!: "Matt; '... man. by deed dated AupltlS, 197'>,and_in the Office for the ReconIin&,orJl='i'Iii'*Dd !tit Cumberland CooaIy, Prltioda.oo.CltIilber 17, 1915, in Deed Book "\Ulmnif 26, ..... 304, gnmled and COIIVe)'ed unto W'llIiao! F. RltIaer and s.- L._. -.JI/i rimon.s.- 1. -tlOIIedrtu.~. 20,1978. By his WI VlUJtod~'!lllllialed 8l the Ri:sWt of WIlla 0fIk:c ia and !titQlmbetland CooaIy, PennsyMmia, .EmOtt 1. _ appoInledhis wlft, laDice B. _,-. forbis .....,_oflhO__. ALSO BEING'tpclltlllt llftbe time pmoites WbIch WlIIlilnF._ondFnnces M: _, hi. ~~..Iked dilod._ 3, 1975and 'in 1110 Odla: fat Ihe Ilecordlni of Deedt in . ond !tit' QImbetIand CooaIy, PennsyIw8la. 011 _l197S, in Deed Book 1I, \\>,1.... 26, .....911, gnIIIto!l and COIIVe)'ed.....,!laviI1.YOUllJandltftetR, y..... hutbabd *Dd wife, Ii to... UlIdiviiled _ltaIf~todlCalhliObA._,sIngIe woman, .. to an lIililMded _ltaIf ~st, tWnbinCOllllllDll,__ ,----- '--,,---- I PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2,1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: JANUARY 25, FEBRUARY 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. (" Ro SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002 NOTARIAL SEAl LOIS E. SNYDER. Notary Public CIItIII8 Bolo. Cumberiand County My c.....1iuIon Expires Marcll5. 2005 ~- - -- --- -------- --- -- REAL ESTATE SALE NO. 58 Writ No. 2001-6377 Civil Countrywide Home Loans, Inc. vs, Michael T. Kothe Atty,: Frank Federman ALL THAT CERTAIN lot or tract of land situate in Hampden Town- ship. Cumberland County. Com~ monwealth of Pennsylvania. more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern dedicated right-of-way line of Darius Drive at the dividing line of Lot #85 and Lot #86: Thence by llne of Lot #85 and passing through the center of a partition wall South 39 degrees 09 minutes 09 seconds East 110. 17 feet to a point; Thence by line of land of Whelan Crossing Phase III South 53 degrees 03 min- utes 08 seconds West 20.01 feet to a point at the dividing line of Lot #87 and Lot #86; Thence by line of Lot #87 and passing through the center of a partition wall North 39 degrees 09 minutes 09 seconds West 109.40 feet to a point on the southern right-of-way line of Darius Drive; Thence by said right-of-way North 50 degrees 50 minutes 51 seconds East 20.00 feet to a point on the dividing line of Lot #85 and Lot #86. the place of beginning, CONTAINING 2.196 square feet, BEING Lot #86 on the Final Sub- dMsion Plan for Whelan Crossing. Phase VI. prepared by ACT ONE Consultants, Inc. dated February 25, 1998, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on July 21. 1998. in Plan Book 77. Page 23. Said Plan re-recorded in Plan Book 78. Page 36, BEING SUBJECT TO the north- ern half of a drainage easement as shown on the above mentioned sub- division plan. TIlE ABOVE DESCRIBED prem- ises is also subject to certain re- strictions and conditions as shown on the above mentioned subdMsion plan, BEING a portion of the same premises which Charles E. Arndt, single man, by deed dated August 15. 1975. and recorded in the Of- flee for the Recording of Deeds in and for Cumberland County, Penn- sylvania, on October 17. 1975. in Deed Book H. Volume 26. page 304. granted and conveyed unto William F. Rittner and Ernest L. Rittner. ten- ants in common. Ernest L. Rittner passed away December 20. 1978. By his Last Will and Testament. pro- bated at the Register of Wills Office in and for Cumberland County, Pennsylvania, Ernest L. Rittner ap- pointed his wife, Janice E. Rittner, Executrix for his estate, one of the Grantors herein. ALSO BEING a portion of the same premises which William F. Rittner and Frances M. Rittner. his wife, by deed dated November 3. 1975, and recorded in the Office for the Recording of Deeds in and for Cumberland Coun- ty, Pennsylvania. on November 3, 1975. in Deed Book H. Volume 26, Page 911. granted and conveyed unto David L. Young and Janet R. Young, husband and wife, as to an undivided one-half interest, and Kathleen A Rittner. single woman, as to an undivided one-half inter- est. tenants in common, Grantors herein. ~~'~ - , Plan tlook 1~, l"age .:m. BEING SUBJECT TO the north~ em half of a drainage easement as shown on the above mentioned sub- division plan. TIIE ABOVE DESCRIBED prem~ lscs is also subject to certain re- strictions and conditions as shown on the above mentioned subdivision plan, BEING a portion of the same premises which Charles E. Arndt. single man. by deed dated August 15. 1975. and recorded in the Of- fice for the Recording of Deeds in and for Cumberland County. Penn- sylvania. on October 17. 1975. in Deed Book H. Volume 26. Page 304. granted and conveyed unto Willtam F. Rittner and Ernest L. Rittner, ten- ants in common. Ernest L. Rittner passed away December 20. 1978. By his Last Will and Testament. pro- bated at the Register of Wills Office in and for Cumberland County. Pennsylvania. Ernest L. Rittner ap- pointed his wife. Janice E. Rittner. ExecutriX for his estate. one of the Grantors herein. ALSO BEING a portion of the same premises which William F. Rittner and Frances M. Rittner. his wife. by deed dated November 3. 1975. and recorded in the Office for the Recording of Deeds in and for Cumberland Coun- ty. Pennsylvania. on November 3. 1975. In Deed Book H. Volume 26. Page 911. granted and conveyed nnto David L. Young and Janet R. Yonng. husband and wife. as to an undivided one-half interest. and Kathleen A Rittner. single woman. as to an undivided one-half inter- est. tenants in common. Grantors herein. pRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSuRE) P.R.c.P.3180-3183 COUNTRyWIDE noME LoANS, INC. Plaintiff, No. 01-6377 CV v. MICBAEL T. KOTHE Defendant(s). TO THE DIRECIOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: $119,297.10 Amount Due i- 2.313.98 andCos~ Interest from 12/12/01 to 6/11/03 (per diem -$19.61) $121,611.08 TOTAL -JLJ01i>, -:F'd//J~ 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. .,.. ...., Q ~ ;;.. Z z'" 0 ~~ ~ oz z ~ V1~ U 0 @ ~~ ~ ;: S '" ~ ~V1 ~ U ~'" -ci z~ S ~E' <!) 0 it:: ~ t ~~ f-< ~= ~ ~ ~ ~ '..r::i ~ CIJ ~~'" ~ r::: O~ ~~ = <!) ..0 Of-< ~ f-< f ~ Uz 0 t ~r: ~ '"" 0 S ~~ :::: ~ tS 00 ~ ~ ~~ >. f: ~ f-<U ~ ~ ~ <!) ~ <!) S fJ- ~~ U Oe E 0, ~ ~ Q ...... s t ~e ~ Us ~ ~ U ~ S~ ~ CIJ ~ CIJ f-<~ 0 -ci e <!) "t:l ~~ U ...... "t:l .- U 4., ~ c' f~::' r-l r".-' 5f.i -" "1 (/) _.- ~~. .,~-:r. 5~~> ~ i~~.) :Jf r..:; -- - ALL THA T CERTAIN lot or Ira cr of land situate in Hampden TownShip, Curn"ee:",cG Ceuet,. CommCnwealth of Pennsy:var,a, :rore paniccie,:, bcueded unc described as fOllows, to wit: ............. BEGINNING al a point on the SOulhern dedicated riglll.of.way line of Darius Drive al the dividing line of Lot H85 and LOI #86: Thence by line 01 Lot H85 and passing through the Center of a partition walt South 39 degrees 09 minutes 09 seconds caS! 110. 17f ee, to a point: Th ence by Une of 'and of Whelan Crossing Phase 11/ SOUlh 53 degrees 03 minu'es 08 seconds Wes120.01 fee, 10 a point allhe dividing line of Let #87 and Le' #86: Thence by line of Lot #87 and passing Ihrough Ihe Center of a partition walt North 39 degrees 09 minules 09 seconds West 109.40 fee, 10 a point en Ihe Southern nght.ol.way line of Darius Drive; Thence by said righl.Ol.way North 50 degrees 50 minutes 51 seconds East 20.00 leello a point on Ihe diViding line of LOI 1/85 and Lot 1/86. the place of beginning. CONTAINING 2.196 square r~et. . B8NG Lot H86 on Ihe Final SUbdivision ptan for Whelan Crossing, Phase VI, prepared by ACT ONE Consuttants, Ine, dated February 25, 1998, recorded in Ihe Office of Ihe Aecorder of Deeds in and for Cumberland County, Pennsyivania, on July 21, 1998, in Plan Book 77, Page 23. Said Plan re.recorded in Plan Book 78, Page 36. BEING SUBJECT TO the nor!hern half of a drainage easement as shown on the above men{ioned Subdivision plan. ~ested by Deed. dated 5-24-00. given by wr._ A_...... LP. . -ard E. Yiagst, Jr. . sole General Partner. Jan.. R. (oung and David L Young, ...band aod ..ife, Ka...... A. Rittoer. .ugle ..0..... by ber AttorneY-la-Faet Jaa.. RI...e, r..ng, alk!a Janet~R. Yonag and Jauice E. Rittaer. alk!a Jaaice A. Rittner. wido... individually aad as E'..,Ulri. for Ibe :S.... of Er_1 L RI...., to Micba., T. Kolbe, ~ugle ........ and =onled S-J 1-00 in Book: 222 Page: 210 'roperty Address: 4079 Darius Drive, Eno'a, p A 17025 TIlE ABOVE DESCRIBED premises is also SUbjeello Certain reslHetions and conditions as shown on lhe above mentioned subdivision plan. ~ "- " - ?G ~U\ ~,CJ'l ("'C>V f"' C), ~, \..}J ~ w c --.. "~ ........... - p ~ \%; - 't-\.J :f ~ --'~ ~-+:-G- g~~-.l~- I Q ~ ~ ~;;; ';. -<~ - i ,~~ ~ ~;t / '~ .,..-" '~''l --'"i -"J r...J --'j -.::.... :_n (1'"_ COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MICHAEL T. KOTHE CIVIL DIVISION Defendant(s). NO. 01-6377 CV AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.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 . 4079 DARIUS DRIVE. ENOLA. P A 17025 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL T. KOTHE 402 DAFFODIL DRIVE HENDERSON, NV 89015 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and addresS of every other person who has any record lien on the property: ..",,..,...,."""- Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WHELAN CROSSING HOMEOWNERS' ASSOCIATION, INC. 7100 FISHING CREEK VALLEY ROAD HARRISBURG, P A 17112 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 4079 DARIUS DRIVE ENOLA, P A 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 13. 2003 DATE ~L~ Attorney for Plaintiff .....- 111 c ,~.~ ~~:: .., n / " ( .-) -<" r;~ " ",...:... :~~ '. ~ ~_. ( j....--) ., -. :,j"') " -~. r .~ .I. FEDE~ANandPHELAN,LLP By: FRANK FEDE~AN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION MICHAEL T. KOTHE NO. 01-6377 CV Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant o Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~-,;,.....\ ~,~., "'I ( .", CUM13ERLAND COmrfY com<fR~E llONlE LOAl'lS, INC. -Plaintiff, No. 01-6311 CV .... MlcIlAEL T. KOTlIE Defendant(S). February 13,2003 TO: MIcHAEL T. KOTHE 402 DAFFODIL DRIVE HENDERSON, NY 89015 "THIS FIRM IS A DEBT coLLECTOR AITEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED W1Lf. BE {]SED FOR THAT pURPOSE. IF YOU HA VE PREVlO!JSLY RECEIVED A DlSCHA1!GE IN BANKRUPTcY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEJAPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A UEN AGAINST PROPERTY." Your house (real estale) at ...4079 DARIUS DRIVE. ENOL,\. P A 17025~is scheduled 10 be sold at the Sheri!!'S Sale on 6/11/03 at 10:00 a.m. in the cumberland County Courthouse, South Hanove Street, Carlisle, P A 17013, to enforce the court judgment of ~ 19.197.10 obtained by ~OmITRYWIDE HoME LOAl'!S. 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. ~OTICE OF OWNER'S RIGHTS yOU MAY BE ABLE TO PREVENT THlS SHERIFF'S SALE To prevent this Sheri!!'S Sale, you must take immediate action: 1. The sale will be cancelled if you pay 10 the mortgagee the back payments, late charge costs and reasonable attomey's fees due. To find out how much you must pay, you m call: Q15) 563-700~ 2. You may be able 10 slOP the sale by filing a petition asking the Court 10 strike or ope 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 attomey to assert your rights. The sooner you contact one, the more ch you will have of slOpping 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 described as follows, to 'Nit: 1':L,;mLJe;~c..IG CCU~.tf. CJ:r:~i~r:';Jea::~ :;f ?annsy:"a~;a, ::' ~;2 ~3::;.:~;2~;i :GL..t~CC:':': jj~C ALL THA T CERTAIN lot or tract at land situate in Hampden Township, ---- BEGINNING at a point on the soutl1ern dedicated rigl1t.or.way line of Darius Drive at tile dividing line of Lotl/8S and Lot 1186; Thence by line of Lot "85 and passing through the center of a partition wall South 39 degrees 09 minutes 09 seconds ::ast 110.17 (eet [0 a point: Thence by line af land at Whelan Crossing Phase III South 53 degrees 03 minutes 08 seconds West 20.01 feet (0 a point at the dividing line of lot #87 and Let #86; Thence by line of lot #87 and passing through the center or a partition wall North 39 degrees 09 minutes 09 seconds West 109.40 feet to a point cn the southern right.or-way fine of Darius Drive; Thence by said right-or-way North 50 degrees 50 minutes 51 seconds East 20.00 Ice! to a point on the dividing line of Lot 1/85 and Lot 1/86, the place of beginning. CONT A/NING 2. 1 96 square feet. BEING Lot 1/86 on the Final Subdivision Plan ror Whelan Crossing. Phase VI, prepared by ACT ONE Consultants, Inc. dated February 2S, 1998. recorded in the OUice at the Recorder or Deeds in and tor Cumberland County. Pennsylvania. on JLJly 21, 1998, in Plan Book 77, Page 23. Said Plan re-recorded in Plan Book 78. Page 36. BEING SUBJECT TO tile nortJ1ern half at a drainage easement as sl10wn on the above mentioned subdivision plan. THE ABOVE DESCRIBED premises is also subject to certain restrictions anc conditions as shown on the above mentioned subdivision plan. Vested by Deed, dated 5-24-00, given by Whelan Associates, L.P. , Richard E. Yingst, Jr. , sole General Partner, Janet R. Young and David L. Young, husband and wife, Kathleen A. Rittner, single woman, by ber Attorney-in-Fact Janet Rittner Young, aIkIa JanetR. Young and Janice E. Rittner, aIkIa Janice A. Rittner, widow, individually and as Executrix for tbe Estate of Ernest L. Rittner to Micbael T. Kotbe, ~ingle person and recorded 5-31-00 in Book: 222 Page: 210 Property Address: 4079 Darius Drive, Enola, P A 17025 () c: ,- ..;., , -;-1 1',) '-,1 (}l :-.'-... ~...-~ -.< WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC. Plaintiff (s) From MICHAEL T. KOTHE, 402 DAFFODIL DRIVE, HENDERSON NV 89015 NOOI-6377 Civil CIVIL ACTION - LAW (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 479 DARIUS DRIVE, ENOLA P A 17025 (SEE A TT ACHED LEGAL DESCRIPTION) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $119,291.10 L.L. Interest 12/12/01 TO 6/11/03 AT $19.61 per diem $2,313.98 Atty's Comm % Due Prothy $1.00 Atty Paid $1,128.20 Other Costs Plaintiff Paid Date: FEBRUARY 14, 2003 (Seal) ::tf: dha~ ; De ty REQUESTING PARTY: Name FR.c\NK FEDERMAN, ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFKBLVD., SillTE 1400 PIDLADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 r Countrywide Home Loans, Inc. VS Michael T. Kothe In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6377 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriffs Costs: Docketing Poundage Surcharge Law Library Prothonotary Mileage Certified Mail Levy Posting Handbills Advertising Law Journal Patriot News Share of Bills 30.00 15.21 20.00 1.00 9.66 7.92 15.00 15.00 15.00 349.10 272.53 25.24 $ 775.66 paid by attorney 6/11/03 Sworn and subscribed to before me So Answers: This l'l~dayofn... .r-~_~J'<~/-4 fl. ~ F~ \.. _ R. Thomas Kline, Sheri,ff 2003, A.D. ~ 0 IJ1.d1lA..11JJar;' J ("'. .' I ~ '/ J BY (jrU.J H-VYU ~ Prothonotary Real E~t1te Deputy \,1to Ut 4 \).0 ~ 1,~lo1 . " THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Ass!. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circuiation, 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 ail 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 ail of the ailegations 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 severaily by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #58 ........"'.""...,.......~.... , .......tJ.~.. Sworn to and subsc before rr~ 14th daY0f ~20 .D. NotanalSe /~~ ~ TerryL.Russell.NotaryPubllc f/ j, ,~ City Of Hanisburg. Dauphin County My Commission Expires June 6. 2006 NO RY PUBLIC Member. Pennsylvania Association Of Notaries 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 $ Probating same Notary Fee(s} $ Total $ 270.78 1.75 272.53 Publisher's Receipt for Advertising Cost The Patriot News Co" publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.,.".,.,..................".,."...............,..,.,...,'........ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: 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 ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. '-1. (Y~ sa Mane COyne~it:r Writ No, 2001-6377 Clvil REAL ESTATE SALE NO. 58 Countrywide Home Loans, Inc. vs, Michael T. Kothe Att;y.: Frank Federman ALL THAT CERTAIN lot or tract of land situate in Hampden Town- ship, Cumberland County. Com- monwealth of Pennsylvania, more particularly bounded and described as follows. to wit: BEGINNING at a point on the southern dedicated right-of-way Une of Darius DrIve at the dlvidlng Une of Lot #85 and Lot #86: Thence by Une of Lot #85 and passing through the center of a partition wall South 39 degrees 09 minutes 09 seconds East 110.17 feet to a point: Thence by Une of land of Whelan Crossing Phase III South 53 degrees 03 min- utes 08 seconds West 20.01 feet to a point at the dividing Une of Lot 9 TO AND SUBSCRIBED before me this day of MAY, 2003_ ~~ j~ ;!ny.iVu N I - ,~ NOTARr,~.t1ll=...AL " r."';""'''$ i'}.',,,~~PubOc ! f"j1i'" [" c,~n..~t''."hl-';j''''-l ,,;!",~;;,.:H:', wil '~:.,":;:" ').-::.:.ri:lOO ~ ,""".,<<:';;;0. BGro <,,'-\;ll1u"""';.""a..-h 5 ~.'O'l-"""". . '~''''1\lms WIDI..... . My Cofi~11iOOlCl!l ......... ' r degrees '09 nilnutes em secondS~west . 109.40 feet to a point on the south- ern right-of-way line of Darius Drive; Thence by said right-of-way North 50 degrees 50 minutes 51 seconds East 20.00 feet to a point on the diViding line of Lot #85 and Lot #88. the place of beginning. CONTAINING 2.196 square feet, BEING Lot #86 on the Final Sub- division Plan for Whelan Crossing. Pbase VI. prepared by ACT ONE Con- sultants. Inc. dated February 25. 199B. recorded in the Office of the Recorder of Deeds in and for Cum- berland County, Pennsylvania. on July 21. 1998. in Plan Book 77. Page 2:3. Said Plan re-recorded in Plan Book 78. Page 36. BEING SUBJECT TO the north- ern half of a drainage easement as shown on the above mentioned sub- division plan. 1HE ABOVE DESCRIBED prem- ises is also subject to certain restric- tions and conditions as shown on the above mentioned subdivision plan. Vested by Deed. dated 5/24/00. given by Whelan Associates, L.P., Richard E. Yingst. Jr.. sole General Partner, Janet R. Young and David L. Young. husband and wife. Kath- leen A Rittner, single woman. by her Attorney-in-Fact Janet Rittner Young. a/k/a Janet R. Young and Janice E. Rittner, a/k/a Janice A. Rittner. widow. indiVidually and as Executrix for the Estate of Ernest L, Rittner to Michael T. Kothe. sJngle person and recorded 5/31/00 in Book: 222 Page: 210. Property Address: 4079 Darius Drive. Enola. PA 17025. PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. ATIORNEY FOR PLAINTIFF : Court of Common Pleas ; Civil Division Plaintiff vs. Michael Kothe Defendant(s) : Cumberland County : No.01-6377-Civil PRAECIPE TO THE PROTHONOTARY: _Please mark the above referenced case Discontinued and Ended without prejudice. _Please mark the above referenced case Settled, Discontinued and Ended. X Please mark Judgments satisfied and the Action settled, discontinued and ended. _Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: 67f? jP/ #1 , ~&/&(,J ~~ Francis S. Hallinan ' Attorney for Plaintiff PHS # 52929 i ~ ~ .' ~ I .?' W t\~ CJ')