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HomeMy WebLinkAbout04-0697 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff vs. Steve A. Ebersole 105 Sharon Road Enola, PA 17025 and Tessa A. Ebersole 105 Sharon Road Enola, PA 17025 Defendants () Identification No.: 25694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW , ., ACTION OF MORTGAGE FORECLOSURE Term No. !t Ci{-- ~~7 ~ CIVIL ACTION: FORECLOSURE - COMPLAINT ...............................................,............. . ............................................................. . NOT ICE YOU BAVE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Assoc. 2 Liberty Ave., Carlisle, PA 17013 (717) 249-3166 -_._--"._--,~-,,-~_.~-_.-~.~..-. nus IS A PROCF.s,l;l nw p WInCH IS rc en: i.,;".,. ; .:}~~roSE 0" 1NFc1'...'vfA'Fr'~r;',:,..' " . ,,',!""'.N()A,NY ,.'" ..n..- '-', ~ '-J1.J !, ',',." ,_ " "",,\ ~ ru.. lONE rLSE \Vru.. ~':)~""'~'~Sn .,. ", ",'l-'~'t(:'-U.<J]t Ut.: U ED l'O THAT 2Nb. DESCRIPTION ALL THAT CERTAIN piece, parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a pin on the eastern line of Pine Hill Road at the dividing line between Lots 48-A and 49 on the hereinafter mentioned plan of lots; thence along said dividing line, North 84 degrees 46 minutes East a distance of 114.30 feet to a pin on the western line of Sharon Road; thence along the western line of Sharon Road, South 5 degrees 14 minutes East a distance of 127.29 feet to a pin; thence still along the western line of Sharon Road, along a curve to the left, having a radius of 270 feet, an arc distance of 29.71 feet to a pin on the dividing line between Lots 44-A and 48-A on the hereinafter mentioned plan; thence along said dividing line South 84 degrees 46 minutes West, a distance of 119.45 feet to the eastern line of Pine Hill Road; thence along the eastern line of Pine Hill Road, North 11 degrees 20 minutes East a distance of 62.55 feet to a point; thence still along the eastern line of Pine Hill Road, North 13 degrees 38 minutes West, a distance of98.03 feet to the dividing line between Lots 48-A and 49 on the hereinafter mentioned plan, the point and place of beginning, BEING Lot No, 48-A on the final subdivision plan for Cindy E. Sheaffer, dated June 20, 1986, revised August 4, 1986 and recorded in the Cumberland County Recorder's Office in Plan Book 51, Page 7. CONTAINING 16,935.96 square feet. Tax ParcelIt09-14-0836-083 ,,.;!:4,'G.... ~..... GREEWTREE '\,;J Green Tree Mortgage Services Oivision 7360 South Kyrene Rd Tempe, AZ 85283 Date of Notice: December 31,2003 Steve Ebersole 105 Sharon Rd. Enola, PA ]7025 CERTIFIED NUMBER: 70001530000098198728 ACT 91 NOTICE TAKE ACTION TO SA VEYOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in defaul~ and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASS1ST ANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WlTH A CONSUMER CREDIT COUNSELJNG AGENCY WlTHlN 30 DA YS OF THE DATE-OF nus NOTICE, Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your 'County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342- 2397. (Persons with impaired hearing can call (7] 7) 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 explain it. 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 NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTJNUAR VlVlENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIF1CACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENClA (pENNSYLVANIA HOUSING FINANCE AGENCY) SJN CARGOS AL NUMERO MENCIONADO ARRlBA. PUEDES SER ELEGlBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDlMIR SU HIPOTECA. ~-?~;.\.. GREErtlTREE \~.;;,I Green Tree Mortgage Services Division 7360 South Kyrtne Rd Tempe, AZ 85283 December 3 J, 2003 TO: Steve Ebersole ) 05 Sharon Rd. Enola, PA ] 7025 Loan No.: 6800243930 SSN: 19]422213 Mortgaged Premises: ] 05 Sharon Rd. En"ola, PA ] 7025 FROM: Green Tree Consumer Discount Company ("Green Tree") HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGffiLE FOR FINANCIAL ASSISTANCE wmCH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF TIlE HOMEOwNER'S EMERGENCY MORTGAGE ASSISTANCE . ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: ----IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, --IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PA YMENTS, AND - IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY TIlE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from' the date of this Notice. During 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, TIflS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASIST ANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEF AUL T", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES --If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICA nON FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infoTJ1lation aboul 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 tile a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Nolice. Only i'~"" GREE~tREE '1,.,1;/ Green Tr,=e Mortgage Services Division 7360 South Kyrene Rd Tempe, AZ 85283 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 (30) 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 PERlODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION --- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application, During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be nolified 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 ATIEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW Tei CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 105 Sharon Rd., Enola, PA 17025 IS SERlOUSLY IN DEFAULT because: A. YOU HA YE NOT MADE MONTHLY MORTGAGE PAYMENTS for the foJ/owing months and tbe following amounts are now past due: 11/01/03 SI,234.77 12/01/03 SI,234.77 01/01/04 $1,234.77 . Other cbarges (explain/itemize): Late Charges S617.35, NSF Fee: SO.OO, Escrow: SO.OO, FT Taxes Advanced: SO.OO, FP-INS PRIN: SO. 00. TOTAL AMOUNT PAST DUE: S4,321.66. B. YOU HAVE F AlLED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS , PLUS ANY MORTGAGE PAYMENTS AND LA TE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERlOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Green Tree, 7360 South Kvrene M Temoe, AZ 85283 (do not send cash). You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this NOlice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. Iffull payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. .GREtilTREE '"t.;.~~;;,f Green Tree: Mortgage Services Division 7360 South Kyrene Rd T.mp., AZ 8S28J IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actuaJly incurred up to $50.00, However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender maya/so sue you personally for the unpaid principal balance and aU other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you stiJl have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total 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 Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgager to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 2M month from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale, Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT TIffi LENDER: Name of Lender: Green Tree Address: 7360 South Kyrene Rd, Tempe AZ 85283 Phone Number: 800-2799416 Fax Number: 888-221-7375 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _ mayor _X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. G RE1{~l"RE E "'.;-" Green Tree Mortgage Services Division 1360 South Kyrene Rd Temp", AZ 85283 YOU MAY ALSO HAVE THE RIGHT: ---- TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PA Y OFF THIS DEBT. ---TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. ---- TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE TIIAN THREE TIMES IN ANY CALENDAR YEAR.) ---- TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. -- TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. -- TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LA W. Enclosures: Pennsylvania Consumer Credit Counseling Agency List Cc: Customer File Note: Thi.lmcT Qlld tJll sulnequent communicttllutU (written and/or ""'1) UN isSued tiS /HSrl oflUl Jlltempt to coll<<tll debt and 1111." injunnntilJn obtn;,~d will M used 10,.111<< pU1]H1U. . ,y.......,. .G RE Itr:stRE E 't.",,'j<./ Green Tree Mortgage Services DivisiOn 7360 South Kyrene Rd . Tempe. AZ 85283 Date of Notice: December 31, 2003 Tessa Ebersole 105 Sharon Rd. Enola, P A 17025 CERTIFIED NUMBER: 70001530000098198735 ACT 91 NOTICE TAKE ACTION TO SA VE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific infonnation about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF TInS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at ]-800-342- 2397. (Persons with impaired hearing can call (717) 780-1869). . This Notice contains important legal infonnation. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it, 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 NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTlNUAR VIVIENDO EN SUCASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA uNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGlBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HlPOTECA. ,.,f'*;~~\.. GREfrkTREE ~r Green Tree Mortgage SCTVtt:es Division 7360 South Kyrene Rd Tempe, AZ 85283 December 31, 2003 TO: Tessa Ebersole 105 Sharon Rd. Enola, PA 17025 Loan No.: 6800243930 SSN: 178345366 Mortgaged Premises: 105 Sharon Rd. Enola, PA 17025 FROM: Green Tree Consumer Discount Company ("Green Tree") HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE 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 MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: --- IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, --- IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND --- IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During 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. TInS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASIST ANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES ---- If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the connty in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. A~vise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specitic 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 tinancial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must till 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 ...,."......, .GREEWTREE "'-iJ Greim Tree Mortgage Services Division 7360 South Kyrene Rd Tempe, AZ 85283 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 (30) 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 APPLlCA TION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION --- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TInS 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.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -. The MORTGAGE debt held by the above lender on your property located at: 105 Sharon Rd., Enola, PA 17025 IS SERIOUSLY IN DEFAULT because: A. . YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 11/01/03 SI,234.77 I2/01/03 SI,234.77 01/01/04 SI,234.77 . Other charges (explain/itemize): Late Charges S6I7.3S, NSF Fee: SO.OO, Escrow: SO.OO, FT Taxes Advanced: SO.DO, FP-INS PRIN: SO.OO. TOTAL AMOUNT PAST DUE: S4,321.66. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Green Tree, 7360 South Kvrene BQ. Temoe. AZ 85283 (do not send cash). You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEF AUL T - If you do not cure the default within 1HIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within TInRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. . GREE~'>rREE ~. . ..; ....."'-..r Green Tree Mortgage Services Division 7360 South Kyrene Rd Tempe, AZ 85283 lF THE MORTGAGE IS FORECLOSED UPON .-- The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even jfthey exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. 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 SHERIFF'S SALE .- If you have not cured the default within the THIRTY (30) 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 Sheriff's Sale. You may do so by paying the total 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 Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restOre your mortgager to the same position as if you had never defaulted. EARLIEST POSS1BLE SHERIFF'S SALE DATE .-- Jt is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately one month from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Green Tree Address: 7360 South Kyrene Rd, Tempe AZ 85283 Phone Number: 800.279 9416 Fax Number: 888-221-7375 _ Contact Person: Collection Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishi~gs and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You _ mayor _X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt,_ provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements ofthe mortgage are satistied. C.NiT 'I T.... A ~ " ..... ~ 'GRl!-E~: REE '\~,....,Y Green Tree Mortgage Services Division 7360 South Kyrene Rd Tempe, AZ 85283 YOU MAY ALSO HAVE THE RIGHT: <-.- TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF TInS DEBT. --- TO HAVE TIllS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. ---< TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) -.- TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. -..- TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH.ACT/ON BY THE LENDER. --- TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW. Enclosures: Pennsylvania Consumer Credit Counseling Agency List Cc: Customer File Note: rll/s letter Ulfd all suhsl!qul!lU C/JmmI/"iCiltltPU (wrlnl!n tJntVW'l1rt1l) au wued tr$ pari of 111' IlltmtpIIO r:1J'/~ct d ddn ",",IVI>' iliformation obtainid will /w usd fo" tbar purPdSf!. . ,(;;"';;: - t-=V (0 \ ('- 0 .-0 C\ c~~ ~ (' .~ ~.-;.. ~-\ -\ ~ -- ~' -n .~-.;\ -C )-.; r-------. (~ c" ;:-\ .....J "-.-1:' (X;' .-c. ,..-.J c:) y --i U, U' C' I . , '-1 l.J" I C> U\ I VI ~. "F\ - V' c' vo C'" SHERIFF'S RETURN - REGULAR CASE NO: 2004-00697 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS EBERSOLE STEVE A ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon EBERSOLE STEVE A the DEFENDANT , at 1849:00 HOURS, on the 27th day of February, 2004 at 105 SHARON ROAD ENOLA, PA 17025 by handing to STEVE A EBERSOLE 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 18.00 10.35 .00 10.00 .00 38.35 So Answers: ~9?~~~ R. Thomas Kline 03/01/2004 COMROE HING Sworn and Subscribed to before By: C52k~J:/t Deputy Sheriff me this ,/9: day of 'met :LIM <( A. D . _C2~J . ~honotary ~ ,.'-'~-,-- ~. . SHERIFF'S RETURN - REGULAR "' 1 CASE NO: 2004-00697 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS EBERSOLE STEVE A ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon EBERSOLE TESSA A the DEFENDANT at 1849:00 HOURS, on the 27th day of February, 2004 at 105 SHARON ROAD ENOLA, PA 17025 by handing to STEVE A EBERSOLE, HUSBAND 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 6.00 .00 .00 10.00 .00 16.00 So Answers: 'rP"'};Z!~~~~ R. Thomas Kline 03/01/2004 COMROE HING me this I.f ~ day of By: ~~K/ Deputy Sheriff Sworn and Subscribed to before ~ 0..00 Y A.D. q"v".J Q, ~J dA:: I1rothonotary I -I"' , - o. . Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE Steve A. Ebersole 105 Sharon Road Enola, PA 17025 Tessa A. Ebersole 105 Sharon Road Enola, PA 17025 Term No. 04-697-CIVIL Defendants ..........................................'O................. . ............................................................. . PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter Judgment in the amount of $150,131.26 in favor of the Plaintiff and against the Defendants for failure to file an Answer in the above action within twenty (20) days from the date of service of the Complaint and assess Plaintiff's damages as follows: (a) Principal Debt (b) Late Charges at $123.48 per month from $132,460.56 $740.88 $0.00 11/01/2003 to OS/28/2004. --,' ....1 ". (c) Interest from 10/01/2003 through $8,255.64 OS/28/2004 at $34.26 (d) Total Escrow Deficit to date (e) Reasonable Attorney's fees as in the above $1,230.27 $6,623.03 stated amount reflect third party sale only. If the Mortgagor reinstates the account, attorney's fees will be reasonable based upon work performed. (f) Title Report (g) Court Filing Charges (h) Uncollected Late Chargers) (i) Escrow Credit TOTAL AMOUNT DUE $335.00 $115.50 $370.38 $0.00 $150,131.26 DATED: May 28, 2004 submitted, P BY: David B. Comroe, Esquire Attorney for Plaintiff Damages assessed as abo~ this I b -R day of 0 ~ <2odf, 20 C6~ ;2 ot~~ '1 Pro Prothonotary ~ ~ 2 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE Steve A. Ebersole 105 Sharon Road Enola, PA 17025 Tessa A. Ebersole 105 Sharon Road Enola, PA 17025 Term No. 04-697-CIVIL Defendants ............................................................. . ............................................................. . Certification of Service David B. Comroe, Esquire, Attorney for Plaintiff in the above captioned matter, being duly sworn according to law certifies that Notices of Intention to Take Judgement, as set forth in PA R. C. P., 237.1 were served upon the Defendants by Certified Mail and Regular, First-class Mail on March 22, 2004. ~-A David B. Comroe, Esquire Attorney for Plaintiff SWORN TO AND SUBSCRIBED beforenme this! J\ Q\\:!:\ / . day of Y I'.~ q l.)l, 0"-..-- n ~i ..: i\ !, . \1 I j /I.. (. \k I \ I' I'..' \ '\.. \1\) j-'___ \f./' .- \ \/(}.1 '-J........ - Notary Public , 2004. {NOT I\RIl\l SEAL THERESA 1\ KIESEL Notary Public City 01 Philadelphia. Phila Count My CommisSion Explfes l\ugusl t 5. ~OIJ'j ~ t <I, ..,..- .- Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs. ACTION OF FORECLOSURE Steve A. Ebersole 105 Sharon Road Enola, PA 17025 Tessa A. Ebersole 105 Sharon Road Enola, PA 17025 Defendants Term No. 04-697-CIVIL ............................................................ . ............................................................ . 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Assoc. 2 Liberty Ave., CarliSle, PA 17013 (717) 249-3166 AVISO IMPORTANTE USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO 0 A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MEN OS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVERERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUED!'. PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Assoc. 2 Liberty Ave., Carlisle, PA (717) 249-3166 DATE OF SERVICE: March 22, 2004 17013 'DD!JSAPl\~TR8MllOa~ wmca IS TOcou.acr A DRIlT.. ., l'.NroRMAnONOBTAINED fIloM~ .,.. . ANYONBBl38WJU.Q UUD\'O~'A. '~-S~ . ~. J::' ~ ~~ D, Li\ ~ ~ -~ -.....J S' ... .--.1 ~ - ,.-, .. CJ CJ j',., .(" ~~ --...... <) C> '"'Z NON -MILIT~Q.Y l'.FFIOA'lIT STATE OF ARIZONA 55 cOmITY OF MARICOPA FE: Ruth Hernandez , beLng first duly sworn on oa~ deposes and says: 1. That I am employed by the Plaintiff herein as servicer of the mortgage. 2. That ~~e captioned L~dividual(s) are the owners of the premises described in the mortgage or deed of trust. 3. That the collection procedures of the Plaintiff are designed to discover facts concerning the titleholder's occupations and militar1 status. 4. .That said procedures were followed in connection with the C\Lrrent delinquency. S. That, on information and belief, that captioned titleholders are not incompetent or in any branch of the military service. Fo:rec1osure Manager .; Sworn to and subscribed before me tlo_iS 14th ~ay af February , 200t!{. (2A;. , ~ D NOT}....;,:;:,!." PUBLIC .r 1"" I) \-)rF1cj,!~,.,\.(. DENiSE SMOLU':;H N01. ARY PUB.UC./l,14iZONA MARICOPA CGUN TV My Carnmis~iOl'1 bpi res Jan ~i, 2006 . "--' .., ~._.:; Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE Steve A. Ebersole 105 Sharon Road Enola, PA 17025 Tessa A. Ebersole 105 Sharon Road Enola, PA 17025 Term No. 04-697-CIVIL Defendants ............................................................. . ............................................................. . CERTIFICATION David B. Comroe, Esq., Attorney for Plaintiff in the above captioned matter, hereby certifies that the provisions of the Emergency Mortgage Relief Act, P.L. 1688 No. 621, as amended, December 23, 1983 have been met. , David~ Comroe, Esquire Attorney for Plaintiff Sworn to and this c2 S.!j1day ~~0 /.. j Notary Public subscribed before me of VlliO.. ,2004. {l. f\};lJik I NOTARIAL SEAl. J THERESA A KIESEL. Nolary Puollc CityofPhiiadeiphla Phil. County My Commlsslo" Exptres Augusl15. 2005 b. PRAECIPE FOR WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE Steve A. Ebersole 105 Sharon Road Enola, PA 17025 Tessa A. Ebersole 105 Sharon Road Enola, PA 17025 Term No. 04-697-CIVIL Defendants PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: PREMISES: 105 Sharon Road, Enola, PA, 17025 See Exhibit "A" attached (Costs to be added) AMOUNT DUE $150,131.26 Interest from 5/28/2004-12/8/2004 @9.31% $ 7,428.98 COHlLue, ~squi-re for Plaintiff D PRAECIPE fOR WRIT OF EXECUTION COMMONWEALTH Of PENNSYLVANIA COUNTY OF CUMBERLAND Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. ACTION Of MORTGAGE fORECLOSURE Steve A. Ebersole 105 Sharon Road Enola, PA 17025 Tessa A. Ebersole 105 Sharon Road Enola, PA 17025 Term No. 04-697-CIVIL Defendants PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: PREMISES: 105 Sharon Road, Enola, PA, 17025 See Exhibit "An attached (Costs to be added) AMOUNT DUE $150,131.26 I Interest from 5/28/04-9/8/04 @9.3l% $ 3,944.25 ~~mroc, C3quire Attorney for Plaintiff r-.,.', -, ..l Mortgage Foreclosure Ground Rent (rem) COMMONWEALTH OF PENNSYLVANIA County of CUMBERLAND Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE Steve A. Ebersole 105 Sharon Road Enola, PA 17025 Tessa A. Ebersole 105 Sharon Road Enola, PA 17025 Term No. 04-697-CIVIL Defendants WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: PREMISES: 105 Sharon Road, Enola, PA, 17025 See Exhibit "A" attached AMOUNT DUE $150,131.2 6 $ 3,944.25 Interest from 5/28/04-9/8/04 @9.3l% (Costs to be added) Prothonotary BY: Clerk ,:;; Date: COURT OF COMMON PLEAS No. 04-697-CIVIL Term Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff vs. Steve A. Ebersole 105 Sharon Road Enola, PA 17025 Tessa A. Ebersole 105 Sharon Road Enola, PA 17025 Defendants WRIT OF EXECUTION PREMISES: 105 Sharon Road, Enola, PA, 17025 Real Debt $150,131.26 $ 3,944.25 Interest from 5/28/04-9/8/04 @9. 31% Costs Paid: Prothy. Sheriff Statutory Costs Due Prothy. David E. Comroe, Esq. 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215) 568-0400 ,: 2 _.~ DESCRIPTION ALL THAT CERTAIN piece, parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a pin on the eastern line of Pine Hill Road at the dividing line between Lots 48-A and 49 on the hereinafter mentioned plan of lots; thence along said dividing line, North 84 degrees 46 minutes East a distance of 114.30 feet to a pin on the western line of Sharon Road; thence along the western line of Sharon Road, South 5 degrees 14 minutes East a distance of 127.29 feet to a pin; thence still along the western line of Sharon Road, along a curve to the left, having a radius of 270 feet, an arc distance of29.71 feet to a pin on the dividing line between Lots 44-A and 48-A on the hereinafter mentioned plan; thence along said dividing line South 84 degrees 46 minutes West, a distance of 119.45 feet to the eastern line of Pine Hill Road; thence along the eastern line of Pine Hill Road, North 11 degrees 20 minutes East a distance of 62.55 feet to a point; thence still along the eastern line of Pine Hill Road, North 13 degrees 38 minutes West, a distance of 98.03 feet to the dividing line between Lots 48-A and 49 on the hereinafter mentioned plan, the point and place of beginning. BEING Lot No. 48-A on the final subdivision plan for Cindy E. Sheaffer, dated June 20, 1986, revised August 4, 1986 and recorded in the Cumberland County Recorder's Office in Plan Book 51, Page 7. CONTAINING 16,935.96 square feet. Tax Parcel #09-14-0836-083 ".. ~p U' cJ - rV r------ r-----" , ~ L--t - L}..l C7-. )GI" r CX\ u..~ , <>-l t./' U \ c: ~ .' /' '. (/\ I"'.'. '-"','-1 , ; , . .- , ::::; , c WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-697 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfY the debt, interest and costs due GREEN TREE CONSUMER DISCOUNT CO. Plaintiff( s) From STEVE A. AND TESSA A. EBERSOLE, 105 SHARON ROAD, ENOLA P A 17025. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 105 SHARON ROAD, ENOLA PA 17025 (SEE LEGAL DESCRIPTION) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an suhject 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 $150,131.26 L.L. $.50 Interest FROM 5/28/04 TO 12/8/04 @ 9.31 % = $7,428.98 Ally's Comm % Due Prothy $1.00 Ally Paid $136.35 Other Costs Plaintiff Paid Date: JUNE 10,2004 CURTIS R. LONG (Seal) proth.Jo ~tary , fA,' ~ By: / \ ~ . Jd , . Deputy REQUESTING PARTY: Name DAVID B. COMROE, ESQ. Address: 1608 WALNUT ST., STE. 300 PIDLADELPIDA PA 19103 Attorney for: PLAINTIFF Telephone: (215) 568-0400 Supreme Court ill No. Comroe Hing LLP By: David B. Comroe . 1608 Walnut Street, SUlte Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 300 Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE Steve A. Ebersole 105 Sharon Road Enola, PA 17025 Tessa A. Ebersole 105 Sharon Road Enola, PA 17025 Term No. 04-697-CIVIL Defendants ............................................................ . ............................................................ . NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Steve A. Ebersole, Tessa A. Ebersole Your property at 105 Sharon Road, Enola, PA, 17025 in Sheriff's County, penns~nia is Sale on 1?~~&r 8, 2004, scheduled to be sold at CUMBERLAND at 10:00 AM, in CUMBERLAN[ County to enforce the Court Judgment of $150,131.26 obtained b: Green Tree Consumer Discount Company against you. 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 canceled if you pay to Comroe Hing LLP, attorneys for the Plaintiff, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: (215)568-0400 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 you contact one, the greater the sale. (See notice below attorney) . to assert your rights. The sooner chance you will have of stopping to find out how to obtain an 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling the Cumberland Sheriff's Office at 717-240-6390. 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 the Cumberland Sheriff's Office at 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 a right to remain amount due is paid to the Sheriff to the buyer. At that time, proceedings to evict you. in the property until the full and the Sheriff gives a deed the buyer may bring legal 2 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 thirty (30) days of the Sale date. This schedule will state who will be recei ving the money. The money will be paid out in accordance wi th this schedule unless exemptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house 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 HELP. Cumberland County Bar Assoc. 2 Liberty Ave., Carlisle, PA 17013 (717) 249-3166 THIS IS A PROCESS THE PURPOSE OF WHICH IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU OR ANYONE ELSE WILL BE USED TO THAT END. 3 DESCRIPTION ALL THAT CERTAIN piece, parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a pin on the eastern line of Pine Hill Road at the dividing line between Lots 48-A and 49 on the hereinafter mentioned plan of lots; thence along said dividing line, North 84 degrees 46 minutes East a distance of 114.30 feet to a pin on the western line of Sharon Road; thence along the western line of Sharon Road, South 5 degrees 14 minutes East a distance of 127.29 feet to a pin; thence still along the western line of Sharon Road, along a curve to the left, having a radius of 270 feet, an arc distance of 29.71 feet to a pin on the dividing line between Lots 44-A and 48-A on the hereinafter mentioned plan; thence along said dividing line South 84 degrees 46 minutes West, a distance of 119.45 feet to the eastern line of Pine Hill Road; thence along the eastern line of Pine Hill Road, North 11 degrees 20 minutes East a distance of 62.55 feet to a point; thence still along the eastern line of Pine Hill Road, North 13 degrees 38 minutes West, a distance of98.03 feet to the dividing line between Lots 48-A and 49 on the hereinafter mentioned plan, the point and place of beginning. BEING Lot No. 48-A on the final subdivision plan for Cindy E. Sheaffer, dated June 20, 1986, revised August 4, 1986 and recorded in the Cumberland County Recorder's Office in Plan Book 51, Page 7. CONTAINING 16,935.96 square feet. Tax Parcel #09-14-0836-083 'iJo' _ .:.\ DESCRIPTION ALL THAT CERTAIN piece, parcel ofland situate in East Pennsboro Township, Cumberland County, Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a pin on the eastern line of Pine Hill Road at the dividing line between Lots 48-A and 49 on the hereinafter mentioned plan of lots; thence along said dividing line, North 84 degrees 46 minutes East a distance of 114.30 feet to a pin on the western line of Sharon Road; thence along the western line of Sharon Road, South 5 degrees 14 minutes East a distance of 127.29 feet to a pin; thence still along the western line of Sharon Road, along a curve to the left, having a radius of 270 feet, an arc distance of 29.71 feet to a pin on the dividing line between Lots 44-A and 48-A on the hereinafter mentioned plan; thence along said dividing line South 84 degrees 46 minutes West, a distance of 119.45 feet to the eastern line of Pine Hill Road; thence along the eastern line of Pine Hill Road, North 11 degrees 20 minutes East a distance of 62.55 feet to a point; thence still along the eastern line of Pine Hill Road, North 13 degrees 38 minutes West, a distance of 98.03 feet to the dividing line between Lots 48-A and 49 on the hereinafter mentioned plan, the point and place of beginning. BEING Lot No. 48-A on the final subdivision plan for Cindy E. Sheaffer, dated June 20, 1986, revised August 4, 1986 and recorded in the Cumberland County Recorder's Office in Plan Book 51, Page 7. CONTAINING 16,935.96 square feet. Tax Parcel #09-14-0836-083 ~, If " ---,.~, r-' ~) c .) <. Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE Steve A. Ebersole 105 Sharon Road Enola, PA 17025 Tessa A. Ebersole 105 Sharon Road Enola, PA 17025 Term No. 04-697-CIVIL Defendants ............................................................. . ............................................................. . AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Green Tree Consumer Discount Company, Plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 105 Sharon Road, Enola, PA, 17025: 1. Name and address of Owners or Reputed Owners: Tessa A. Ebersole 105 Sharon Road Enola PA 17025 Steve A. Ebersole 105 Sharon Road Enola PA 17025 2. Name and address of Defendants I in the judgment: I Date I Service Code 1 Steve A. Ebersole 105 Sharon Road Enola PA 17025 Tessa A. Ebersole 105 Sharon Road Enola PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: Date Service Code 4. Name and address of the last recorded holder of every mortgage of record: Date Service Code Household Financial Services Inc. P.O. Box 2026 Flint MI 48501-2026 (x \ \ltl O~ 3 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Date Service Code 6. Name and address of every other person has knowledge who has any record interest may be affected by the sale. I I Date of whom the plaintiff in the property which I Service Code 2 Commonwealth of Pennsylvania Bureau of Child Support Enforcement P.O. Box 320 Carlisle PA 17013 ~{ltll o~\ '3 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg PA 17105 ILl /(,l( o~ J Family Court Domestic Relations Division One Courthouse Square Carlisle FA 17013-3387 ~/ILtII>L( } 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. (attach separate sheet if more space is needed) 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. Section 4904 relating to unsworn falsification to authorities. DATED: b f6/UY ~ Plaintiff 3 C? r-,:) (:~) " -\;.- .-, -,' \ ~:1 ~. .-,,/ :c-" cn 04.. . - G, Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. Steve A. Ebersole 105 Sharon Road Enola, PA 17025 Tessa A. Ebersole 105 Sharon Road Enola, PA 17025 Term No. 04-697-CIVIL Defendants ............................................................. . ............................................................. . AFFIDAVIT PURSUANT TO RULE 3129.2 AND RETURN OF SERVICE PURSUANT TO PA R.C.P. 405 OF NOTICE OF SALE David B. Comroe, Esq., Attorney for Plaintiff, Green Tree Consumer Discount Company sets forth as of the date of the praecipe for the writ of execution was filed the following information concerning the real property located at 105 Sharon Road, Enola, PA, 17025 to be sold at Sheriff's Sale on December 8, 2004. As required by PA R.C.P. 3129.2 (a) Notice of Sale has been given in the manner required by PA R.C.P. 3129.2 (c) on each of the persons or parties named at the addresses set forth 4 below on the date and in the manner noted in the margin by the names of each and copies of each notice together with return receipts or proof of mailing are attached as Exhibits. The manner of service, as noted in the margin, utilizes the following codes: 1. Personal Service by the Sheriff or in accordance with Pennsylvania Rule of Civil Procedure 400.1. 2. Certified mail-return receipt attached 3. First Class Mail-Certificate 3817 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. Section 4904 relating to unsworn falsification to authorities. Date: June 15, 2004 ~~ Davld B. Comroe Attorney for Plaintiff 5 u c -~ (f) " 0 ?' ti' mEt :-' ~- !" 3 ~z ~c '" -'>, ",3 W .~ '" '" ' ~ ] I'..l i .... ito W ,.. ~~D~ . .... " - '~~~ ~ [\& "{ -o~~ - ' -< (t> ~cP ~ '" ..., r1> . ~ 0 ,,-< .Jl .:::. :::> \7;[ R, ~ 0 _ 0 '" 0- - . ~. -I ~ ~. z nO T. ~ ~c <c . 3 (C I ~ - m -~ l> -::5 -" -u~ (t> Of. Q, ~a 0 DC ::J ~ (C " ~ 031: z J2ft-O -- A'lj; c - " 3 ~ y(j) \ ~ -i-',' . 'cd --J fa ~~~idRP~~ ~~ JrJ~~t~~;F~~ ~~, i ~:->rJ::; "'"~~ 1J '0 8 --r:? ~ ""Nt:l~' DD :5 . _, ,IV"C- vlll'--t H,,- I ~~] ."t-~}\. ~.rp~ ~~ r ~] I ~'JI ~:;lJ "p.g ~ ..-, 5;.Q d ! N_ P , U> ..)1 ~hJi ~-u '"7'1' ![ 1 ' rr -' C ",":>.. . 0 Q'o \:i ii,iD (01 - '" $ IY ~:p./ I -o~ 01 s. ~ 1 DjO f'" J) 0 '+' E;"'! --0" ~ ,.-, - rr7 c. ~ - '3 ~ ~f ~ H ~ ~ ;;' (P ,. --' + -u , 0 ! " 3' . I " I " ." -u i ~ :? OJ ~ -u o a u . ~ , ! ~ (f) . . 4' <' . n '< > ~ (f) 0; it 3 . a o ~ ::0 . < . ~ . = G ~.. ., ~(;;;.. '* 'rOE( ~:l ,_""~_;=:-.:.J,, '-I ~',.~ ':"..r~ =----'---' " ::0 -:s:-\i'.!" ,,<I ... ..!.. J1JliI6'O. _'!~..?ff'?"S~~ ~ , ? n '':''~~ ~ '1>/ ~j, ~,~'\1', ':'1 . ._. - :. / tif!i.~;,.,,~~'Vc,-.; ..... P / ~.........u:;;"~':.W ----' i.. ~t-/ PB l-,iI::TEH t 11 S C'Y"';~ * 8412827 ~ r"''':\\''- : 00000 (') ~ a ~ 0 () () ~ ",,, ~ 0 ro ;t;" (biil~-Oa--< c.l:l-.< 15' 16 ~ ~ c. 0 ~ ~ 3' ~ ~ . ~r Q " - ;; ~. DODD ~~~~ ~ ~ ~- 8 !; ::> (t a ;;W~~ ~~ ~ 3 0 ~ ~- ~ -< g!!: :;- g. ro ~ ~ ~ g ~ "I ~~ ~~ -' ~ a?dJ~ >; 2~)> mCll1P-O'~'((;' ::!; o3~;;;~~ x -'~s~i"~~ @J~((;"O'S?.~ OJ (")D.\ o-iil3 <ll 3 -6"5. ~-~ "0 _ ~ if ro __;t:> "n c25~ iii"- ai~ roc 0.. <" . " E"Ei - - a. o _.C -- "'" 0- 0' ~ ~ ~g ;;'''' ro'" ~ i -'" _I ;p~ ,ro ~;o ~" " h' C~:) ,_.. :::1 ,- "; } ~"";. { t~. -\.-" COMMONWEALTH OF PENNSYL V ANlA COUNTY OF CUMBERLAND }SS: otl ~ (p Cf7 I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby cert fy that the Sheriffs Deed in which Green Tree Consumer Disc Co is the grantee the same having bee sold to said grantee on the 8th day ofDec A.D., 2004, under and by virtue of a writ Execution issued 0 the 10th day of June, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Te , 2004 Number 697, at the suit of Green Tree Consumer Disc Co against Steve A Ebersole & Tessa A s duly recorded in Sheriffs Deed Book No. 266, Page 4176. IN TESTIMONY WHEREOF, I have hereunto set .,.l yhand and seal of said office this Green Tree Consumer Discount Company VS Steve A. Ebersole and Tessa A. Ebersole In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-697 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, state that on September 20,2004 at 7:06 o'clock PM, he served a true copy ofthe within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, up n the within named defendants, to wit: Steve A. Ebersole and Tessa A. Ebersole, by m king known unto Steve Ebersole, personally and husband of Tessa A. Ebersole, at 105 Sh on Road, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Cpl. Michael Barrick, Deputy Sheriff, who being duly sworn according to la states that on October 07,2004 at 3:20 o'clock P.M., he posted a true copy of the wi in Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon t e property of Steve A. Ebersole and Tessa A. Ebersole located at 105 Sharon Road, E ola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within na d defendants, to wit: Steve A. Ebersole and Tessa A. Ebersole, by regular mail to their last known address of 105 Sharon Road, Enola, P A 17025. These letters were mailed u er the date of October 06, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states tha 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, Cumberlan County, Pennsylvania on December 08, 2004 at 10:00 o'clock A.M. He sold the sa e for the sum of$1.00 to Attorney David Comroe for Green Tree Consumer Discount Company. It being the highest bid and best price received for the same, Green Tree Consumer Discount Company of 7360 South Kyrene Road, Tempe, AZ 85282, bein the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$898.55, it be in costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage $30.00 17.62 15.00 15.00 30.00 10.00 .50 1.00 22.20 Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $ 15.00 30.00 288.65 328.66 30.42 25.00 39.50 898.55 Sworn and subscribed to before me This J;UL day OfC~'1 /2 I 200&;' A.D. C . r () ~ ~ IPr thonotary ~ers: ~~ ~ .&.<<:p R. Thomas Kline, Sheriff I 'J' " BY it d; .' 7vuit1 Real Estate1eputy pV ~ oV ~D' v 1,5 UL'1 p'1 ~.;S (7/0 ..- Comroe Bing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (2151568-0400 A~torney fOe Plaintiff Identification No.: 25694 / ~ Green Tree CODsumec Discount Company 7360 S. Kyrene Road MSD foreclosure Unit Tempe, AZ 85282 IN THE COURT Of COMMON P SAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. ACTION Of MORTGAGE fORECL SURE Steve A. Ebersole 105 Sharon Road Eno1a, PA 17025 Tessa A. Ebersole 105 Sharon Road Enola, PA 17025 Term No. 04-697-CIVIL Defendants AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Green Tree Consumer Discount Company, Plaintiff In the bove action, sets forth as of the date the praecipe for the Wr t of Execution was filed, the following information concernin the real property located at 105 Sharon Road, Enola, PA, 17025: 1. Name and address of Owners or Reputed Owners: Tessa A. Ebersole 105 Sharon Road Enola PA 17025 Steve A. Ebersole 105 Sharon Road Enola PA 17025 2. Name and address of Defendants in the judgment: Dace Service Code ~ 1 " - ~ Steve A. Ebersole 105 Sb,aron Road Enola PA 17025 Tessa A. Ebersole 105 Sharon Road Soola PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: Date Service Code 4. Name and address of the last recorded holder of every mortgage of record: Date Service Code Household Financial Services exllLtloc\ 3 Inc. P.O. Box 2026 Flint MI 48501-2026 5. Name and address of every ocher person 'who has any r cord interest in or record lien on the property and whose int rest may be affected by the sale: Date Service Code r Name and address of every other person of whom the plain bff o. has knowledge who has, any record interest in the property w ~ich may be affected by the sale. Date Service Code 2 '" COTillonwealth of Pennsylvania Bureau of Chlld Support Enforcement 2.0. Box 320 Carlisle ?A 17013 4z ( Ii! I OL\ . '3 Commonwealth of Pennsylvania Department of Welfare E'.O. Box 2675 Harrisburg E'A 17105 ill !(.l( 0 ~ 3 family Court Domestic Relaeions Division One Courthouse Square Carlisle E'A 17013-3387 le/iuiDLI } 7. Name and address of every other person of whom the piai .eiff has knowledge who has any interest in the property which m y be affected by the sale. (attach separate sheet if more space is needed) 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 E'a. C.S. Section 4904 relating to unsworn falsification to auehoritie DATED: b /6/0'f E'laintiff '" 3 ~ Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PL AS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECL URE Steve A. Ebersole 105 Sharon Road Eno1a, PA 17025 Tessa A. Ebersole 105 Sharon Road Enola, PA 17025 Term No. 04-697-CIVIL Defendants ......................................................... . ......................................................... . AFFIDAVIT PURSUANT TO RULE 3129.1 Green Tree Consumer Discount Company, Plaintiff in the above action, sets forth as of the date the praecipe for the Wr' t of Execution was filed, the following information concernin the real property located at 105 Sharon Road, Eno1a, PA, 17025: 1. Name and address of Owners or Reputed Owners: Tessa A. Ebersole 105 Sharon Road Eno1a PA 17025 Steve A. Ebersole 105 Sharon Road Eno1a PA 17025 2. Name and address of Defendants in the judgment: Date Service Code 1 ~ - Steve A. Ebersole 105 Sharon Road Enola PA 17025 Tessa A. Ebersole 105 Sharon Road Enola PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: Date Service Code 4. Name and address of the last recorded holder of every mortgage of record: Date Service Code Household Financial Services ,,/ II bi( 3 Inc. P.O. Box 2026 Flint MI 48501-2026 5. Name and address of every other person who has any r cord interest in or record lien on the property and whose int rest may be affected by the sale: Date Service Code 6. Name and address of every other person of whom the plai tiff has knowledge who has any record interest in the property hich may be affected by the sale. Date Service Code 2 " Commonwealth of Pennsylvania Bureau of Child Support Enforcement P.O. Box 320 Carlisle PA 17013 Ie / I /0<( :? 'J Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg PA 17105 II "2 ,;;. Family Court Domestic Relations Division One Courthouse Square Carlisle PA 17013-3387 &/I/OY ~ 7. Name and address of every other person of whom the plai tiff has knowledge who has any interest in the property which m y be affected by the sale. (attach separate sheet if more space is needed) 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. Section 4904 relating to unsworn alsification to authoritie DATED: r:p.<lti1( Plaintiff 3 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215) 568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLE S OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOS RE Steve A. Ebersole 105 Sharon Road Enola, PA 17025 Tessa A. Ebersole 105 Sharon Road Enola, PA 17025 Term No. 04-697-CIVIL Defendants ......................................................... . ......................................................... . NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Steve A. Ebersole, Tessa A. Ebersole Your property at 105 Sharon Road, Enola, PA, 170 5 in CUMBERLAND Sheriff's County, Penns~lvania is Dc~r Sale on l:",lL~...lcd 8, 2004, at scheduled to be so d at 10:00 AM, in CUMB LAND County to enforce the Court Judgment of $150,131.26 obtain d by Green Tree Consumer Discount Company against you. l' 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 canceled if you pay to Comroe Hing LP, attorneys for the Plaintiff, the back payments, late char es, costs and reasonable attorney's fees due. To find out how uch you must pay call: (215)568-0400 2. You may be able to stop the sale by filing a peti ion asking the Court to strike or open the judgment, if the judg ent was improperly entered. You may also ask the Court to post one the sale for good cause. 3. You may also be able to stop the sale through other egal proceedings. You may you contact the sale. attorney) . need an attorney one, the greater (See notice below to assert your rights. The s chance you will have of sto to find out how to obtai oner ping an YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE THER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property w'ill be sold to the highest bidder. You may find out the bid pri e by calling the Cumberland Sheriff's Office at 717-240-6390. 2. You may be able to petition the Court to set asid the sale if the bid price was grossly inadequate compared t the value of your property. 3. The sale will Sheriff the full amount happened, you may call 240-6390. go through only if the due in the sale. To find the Cumberland Sheriff's buyer pay the out if th's has Office at 717- 4. If the amount due from the Buyer is not paid t the Sheriff, you will remain the owner of the property as l the sale never happened. 5. You have a right to remain in the property until th amount due is paid to the Sheriff and the Sheriff gives to the buyer. At that time, the buyer may bring proceedings to evict you. 2 full deed legal ,.1; 6. You may be entitled to a share of the money which as paid for your house. A schedule of distribution of the money id for your house will be filed by the Sheriff within thirty (30) days of the Sale date. This schedule will state who will be recei ving the money. The money will be paid out in accord nce wi th this schedule unless exemptions (reasons why the prop sed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or way of getting your house back, if you act immediately after the s le. YOU SHOULD TAKE TH1S PAPER TO YOUR LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF1CE L1STED BELOW TO F1ND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Assoc. 2 Liberty Ave., Carlisle, PA 17013 (717) 249-3166 TH1S 1S A PROCESS THE PURPOSE OF WHICH IS TO COLLECT A DEB AND ANY INFORMAT10N OBTAINED FROM YOU OR ANYONE ELSE WILL BE US D TO THAT END. " 3 DESCRIPTION ALL THA T CERTAIN piece, parcel of land situate in East Pennsboro Township, Cumberland oumy, Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a pin on the eastern line of Pine Hill Road at the dividing line between Lots 4 -A and 49 on the hereinafter mentioned plan of Jots; thence along said dividing line, North 84 de ees 46 minutes East a distance of 114.30 feet to a pin on the western line of Sharon Road; thence a ng the western line of Sharon Road, South 5 degrees 14 minutes East a distance of 127.29 feet to a pin thence still along the western line of Sharon Road, along a curve to the left, having a radius of 270 eet, an arc distance of 29.71 feet to a pin on the dividing line between Lots 44-A and 48-A on the he einafter mentioned plan; thence along said dividing line South 84 degrees 46 minutes West, a distance 0 119.45 feet to the eastern line of Pine Hill Road; thence along the eastern line of Pine Hill Road, orth II degrees 20 minutes East a distance of 62.55 feet to a point; thence still along the eastern line of Pine Hill Road, North 13 degrees 38 minutes West, a distance of 98.03 feet to the dividing line betw en Lots 48-A and 49 on the hereinafter mentioned plan, the point and place of beginning. BEING Lot No. 48-A on the final subdivision plan for Cindy E. Sheaffer, dated June 20, 1986 revised August 4, 1986 and recorded in the Cumberland County Recorder's Office in Plan Book 51, Page 7. CONT AIN1NG 16,935.96 square feet. Tax Parcel #09-14-0836-083 ~"r; f' -, DESCRIPTION ALL THAT CERTAIN piece, parcel of land situate in East PennsbQro Township, Cumberland County, Perillsylvania, being bounded and described as follows, to wit: BEGINNING at a pin on the eastern line of Pine Hill Road at the dividing line between Lots 8-A and 49 on the hereinafter mentioned plan of lots; thence along said dividing line, North 84 de Tees 46 minutes East a distance of 114,30 feet to a pin on the western line of Sharon Road; thence long the western line of Sharon Road, South 5 degrees 14 minutes East a distance of 127.29 feet to a p' ; thence still along the western line of Sharon Road, along a curve to the left, having a radius of 27 feet, an aTe distance of 29 71 feet to a pin on the dividing line between Lots 44-A and 48-A on the h reinafter mentioned plan; thence along said dividing line South 84 degrees 46 minutes West, a distance f 119.45 feet to the eastern line of Pine Hill Road; thence along the eastern line of Pine Hill Road, orth II degrees 20 minutes East a distance of 62.55 feet to a point; thence still along the eastern lin of Pine Hill Road, North J3 degrees 38 minutes West, a distance of 98.03 feet to the dividing line bet een Lots 48-A and 49 on the hereinafter mentioned plan, the point and place of beginning. BEING Lot No 48-A on the final subdivision plan for Cindy E. Sheaffer, dated June 20, 198 ,revised August 4, 1986 and recorded in the Cumberland County Recorder's Office in Plan Book 51 Page 7. CONTAINING 16,935,96 square feet. Tax Parcel #09-14-0836-083 '1' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-697 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GREEN TREE CONSUMER DISCOUNT CO. Plaintiff(s) From STEVE A. AND TESSA A. EBERSOLE, 105 SHARON ROAD, ENOLA P A 17025. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 105 SHARON ROAD, ENOLA PA 17025 (SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) thaI: (a) an attaclunent has been issued; (b) the gamishee(s) is enjoined fro paying any debt to or for the account of the defendant (s) and from delivering any property of the defenda t (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attaclunent is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as garnishee and is enjoined as above stated. Amount Due $150,131.26 L.L. $.50 Interest FROM 5/28/04 TO 12/8/04 @ 9.31 % = $7,428.98 Atty's Comm % Atty Paid $136.35 Plaintiff Paid Date: JUNE 10, 2004 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG JJ 1 By: Dep~ REQUESTING PARTY: Name DAVID B. COMROE, ESQ. Address; 1608 WALNUT ST., STE. 300 PIllLADELPHIA PA 19103 Attorney for: PLAINTIFF Telephone: (215) 568-0400 Supreme Court ID No. Real Estate Sale #07 On August 18, 2004 the Sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, P A Known and numbered as 105 Sharon Road, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 18, 2004 By: J 6J;~ S7/lt.i~ Real EstaM Deputy ~ ~ ~ ~ , ',,1 ';1/\ l )... S tHr3 d ,.' .' , -p\\1r:) ,'-.' I,.' ',"11111'. , "., 7 .~ .' .'i'l <.., Ht-;' ,. ..i\I:IIS 0 ' :.J , ,:i'dJO ~ -, - REAL ESTATE SALE No. f17 Writ No. 2004-697 ClvIITenn Green Tree C!J!lSumer Dlscoun. Compimy Va SWve A. Ebefsole and TesSa A. EbeI'llOIe Atty: DavId Comroe , DEScllIP110N AU THAT ~ .pkce, wu-cOl of land situate in East.1'ennsbmtl Township, Cumberland County, PenI)SylVlllJii being bOwlded and described as follows, to wit .' . BEGINNINGat~pin on the .astemline of Pine Hill ROad at !he dividing line betWeen 1.01> 4S-A and 49.on !he hereinafter mentioned plan of lots; tbencealong said dividingJine, North 84degrees 46 minults ~ ,diStance of II4JO fuet to a pin on thewestem line of Sharoi1 Roail; thence along ,!he western line of Slwon Road, Sonih 5 degrees 14 minures East a distance of 127.2? feet to , pin; . Ihence still along the western line of ShaIOn Road, along a curve to !he left, baving ar.ldiusof 270 feet, an arc diStance of 29.71 feet to . pin on !he dividing line,bOtween Lots 44-A and 48-A on !he hereinafter mentionedplan;lhencUIong sind dividing line Soulh 84 degreeS 46 ininntesWest,.. distance of 119.45 feet to the eastern.1ine of Pine Hill Road; !hence a1nng tbe casrem..1ine of Pine Hill Road, North 11 ~20 ~ East a distance "f 62.55 feet to.. j>oint: thence still along , !he casrem lineofPme ail] Roo(North 13 degrees 38 minults Wes~ a distanCe of.98.03 feet to !he dividing line be!ween Lots 48-Aand 49 on !he hereinafter. mentioned . plan, !he point and place of BEGINNING. BEING Lot No. 48-A on the final subdivision plan for Cindy E.SIIeaffur, dated June 20, 1986, re-visOO Angust 4, 1986 and recorded in !he . Cumberland COunlyRecoroer's Office in Plan Book 51, Page 7. 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