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HomeMy WebLinkAbout04-2320 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. l2248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19l03 (2l5) 563-7000 ATTORNEY FOR PLAINTITF SFN-2002-1, LLC 3476 STATEVIEW BLVD. FORT MILL, SC 29715 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff v. TERM NO. 01./ -.U~D (!;~IL/~ CUMBERLAND COUNTY ROBERT L. BREWBAKER, SR. JEANNETTE BREWBAKER NKJ A JEANNETTE E. BREWBAKER 510 TERRACE DRIVE NEW CUMBERLAND, P A l7070 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE 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. IT 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. IT YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 87759 File #: 87759 IF THIS IS THE FffiST 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. I. Plaintiff is SFJV-2002-1, LLC 3476 STATEVIEW BLVD. FORT MILL, SC 29715 2. The name(s) and last known addressees) of the Defendant(s) are: ROBERT L. BREWBAKER, SR. JEANNETIE BREWBAKER AlK/A JEANNETIE E. BREWBAKER 510 TERRACE DRNE NEW CUMBERLAND, P A 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 09/11/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1733, Page 2958. PLAINTIFF is now the legal owner of the mortgage and is in the process offonnalizing an assignment of same. 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 09/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 87759 6. The foIlowing amounts are due on the mortgage: Principal Balance Interest 08/01/2003 through OS/21/2004 (Per Diem $l5 .95) Attomey's Fees Cumulative Late Charges 09/1 l/200 1 to OS/2l/2004 Cost of Suit and Title Search Subtotal $77,856.70 4,705.25 l,250.00 109.50 $ 550.00 $ 84,471.45 Escrow Credit Deficit Subtotal 0.00 l89.02 $ 189.02 TOTAL $ 84,660.47 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be coIlected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rm! Judgment against the Defendant(s) in the sum of $ 84,660.47, together with interest from OS/21/2004 at the rate of$15.95 per diem to the date of Judgment, and other costs and charges coIlectible under the mortgage and for the foreclosure and sale of the mortgaged property. FED~AN ANDPHW~ By: ~s~.fifman FRA FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 87759 ALL tHAt Cl!:lttAlN lra~t or parcel ofland situate in the Borough of New CurnbflI'land, Ci:l1.U'lty of CUmberland, Corn:nonwealth of Pennsylvania, more particularly bounded and del;cribed aCcording ta a surve)' oeD. P. Raffensperger, Registered Surveyor, dated March :13, 1956,3.>l fallows, to Wit: BEGINNrNQ at a poult on the southeasterly side of a concrete wrok bordering 'l'caa<;e Drive, said point being 381.87 feet southwesrwardly from the intersection ofTetrace Drive and. Brandt Avenue, said point also being at the dividing line between. Lot Nos. 34 alld 35, Block 'C", on the hercinaft~r mentioned Plan of Lot'!; thence along said dh>iding lino, s.outhe3.>lt- wlU'dly at right angles ta the said southeasterly side of 3. concrete walk, 110 feel. to a point at the dividing line between Lot Nos. 12 and 34. Block 'C', on hereinafter mentioned Plan of Lots; thence southwestwardly along said dividing line, 60 feet to a point at the dividing line betWeen Lot Nos. 33 and 34, Slock "C", on the said Plan; thence along said dividing line northwest~ watdly 110 feet to a point at the southeasterly side of the said conCl'Ote walk; thence alon& the ".outheasterlY side of the said concrete walk and at right angles to the last mention~d di\1iding line, 60 feet to a pomt, the place of BEGINNING. SJ;;JNG Lot NO..34, Bloc1: "C', on Plan of Simpson Terrace. Addition #1, to Forrest Billa, said Plan recorded m. Cumberland Cou~ Plan Book 4. Page 109. HAVlNG 'mE:REON ER1::CTEO a one-story frame dwelling hoUse known and nwnh<~red a.s 510 Terrace Dtive, New Cumberland. Pennaylvania. . BElNG THE s~ PREMlSI!:S which JaIIles Ralph Masonheimer and Nanette T. .Masonheimet, husband and wife, . by Oeed dated)August 23, 2000 and recorded August 30 2000 in the Office of the Recorder of Deed.s in and for Cumberland County, Pennsylvania, in Deed ~l()k 228, pa~ 253, granted and conveyed unto James Ralph Ma.sonheimer and Nanette '1' MasoJ1heimer. husband and wife, Grantors herein. . PREMISES BEING; 510 TERRACE DRIVE VERIFICATION FRANCIS S. HALLINAN, ESQUlRE 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 are based upon information supplied by Plaintiff and are tme 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 l8 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. ~/U1-('~ G' ~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: Z;-/lo/d1- (J -l<l 8 AJ Crt \!:. ~~ Ul . V1 ~ W C> r_) ("j ,- -. - '-""1 V, - -u -. .-< W <. -:-I~ , ~ ~ p=-.- -.) - w " j ~ -- "-Z " I'.J SHERIFF'S RETURN - REGULAR CASE NO: 2004-02320 P COMMONWEALTH OF PENNSYLVlillIA: COUNTY OF CUMBERLAND SFJV-2002-1 LLC VS BREWBAKER ROBERT L SR ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BREWBAKER ROBERT L was served upon the , at 1811:00 HOURS, on the 27th day of May at 510 TERRACE DRIVE DEFENDANT NEW CUMBERLAND, PA 17070 ROBERT L BREWBAKER SR 2004 by handing to 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 11.73 .00 10.00 .00 39.73 Sworn and Subscribed to before me this /0 ~ day of ~ ~'( A.D. r ) c>- 0 Ihdj,. _ ~ "--1"]1;othonotary , So Answers: r~~ R. Thomas Kline 06/01/2004 FEDERMAN & PHELAN ~1fI~ Deputy Sheriff By: SHERIFF'S RETURN - REGULAR CASE NO: 2004-02320 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SFJV-2002-1 LLC VS BREWBAKER ROBERT L SR ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsy1vania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BREWBAKER JEANNETTE AKA JEANNETTE E BREWBAKER the , at 1811:00 HOURS, on the 27th day of May at 510 TERRACE DRIVE DEFENDANT 2004 NEW CUMBERLAND, PA 17070 by handing to JEANETTE BREWBAKER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ~~ .~~,e;..,~-t'~ 6.00 .00 .00 10.00 .00 16.00 R. Thomas Kline 06/01/2004 FEDERMAN & Sworn and Subscribed to before By: 'Iwlf. ~t Deputy Sheriff me this "" /0 - day of ,.. \ C-)u<-<-- d /JV 'I A . D . c.) ..fA- {J ~ ~, r;f~honotary , FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SFJV-2002-1, LLC 3476 STATEVlEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-2320-CIVIL ROBERT L. BREWBAKER, SR. JEANETTE BREWBAKER AfK/A JEANETTE E. BREWBAKER Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against ROBERT L. BREWBAKER., SR. and JEANETTE BREWBAKER AlKlA JEANETTE E. BREWBAKER. Defendll11t(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 5/22/04 to 7/7/04 TOTAL $84,660.47 $749.65 $85,410.12 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.l, copy attached. r;.L~ FRANK FEDERMAN, ESQUiRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA~D. , f) DATE:.Jul" 9,~cP{ (~~ ~~ { PRO PROTHY 0 SEERIFF'S RETURN - REGULAR CASE NO: 2004-02320 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SFJV-2002-1 LLC VS BREWBAKER ROBERT L SR ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BREWBAKER ROBERT L the DEFENDANT , at 1811:00 HOURS, on the 27th day of May , 2004 at 510 TERRACE DRIVE NEW CUMBERLAND, PA 17070 by handing to ROBERT L BREWBAKER SR 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 11.73 .00 10.00 .00 39.73 r~~ R. Thomas Kline 0'6/01/2004 FEDERMAN & Sworn and Subscribed to before By: PHE~tn, Deputy Sheriff me this day of A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-02320 P COMMONWEALTH OF PENNSYL\'ANIA: COUNTY OF CUMBERLAND SFJV-2002-1 LLC VS BREWBAKER ROBERT L SR ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BREWBAKER JEANNETTE AKA JEANNETTE E BREWBAKER the DEFENDANT , at 1811:00 HOURS, on the 27th day of May , 2004 at 510 TERRACE DRIVE NEW CUMBERLAND, PA 17070 by handing to JEANETTE BREWBAKER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: .~~#ff~OE~ 6.00 .00 .00 10.00 .00 16.00 R. Thomas Kline 06/01/2004 FEDERMAN & Sworn and Subscribed to before By: ':lw~ ~t Deputy Sheriff me this day of A.D. Prothonotary FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN. ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA. PA 19103 (21 ';) ';61-7000 ATTORNEY FOR PLAINTIFF SFN-2002-1, LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY ROBERT L. BREWBAKER, SR. JEANNETTE BREWBAKER NKJ A JEANNETTE BREWBAKER : NO. 04-2320 CIVIL TERM Defendants ~!: t'~ TO: ROBERT L. BREWBAKER, SR. 510 TERRACE DRIVE NEW CUMBERLAND, PA 17070 DATE OF NOTICE: ,ITJNF: 21, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLEcr 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 DEF AUL T BECAUSE YOU HA VE 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 DAYS FROM THE DATE OF THIS NOTICE, A WDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ((Alli}?)/ r u.iLUYYL-CM/ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (71oJ 061-7000 ATTORNEY FOR PLAINTIFF SFN-2002-1, LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY ROBERT L. BREWBAKER, SR. JEANNETTE BREWBAKER AfK/ A JEANNETTE BREWBAKER : NO. 04-2320 CIVIL TERM Defendants TO: JEANNETTE BREWBAKER A/KJA JEANNETTE BREWBAKER 5iO TERRACE DRIVE NEW CUMBERLAND, P A 17070 DATE OF NOTICE: JlINF, 21, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WiLL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LiEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE 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 MAYBE 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLlSLE,PA 17013 (800)990-9108 '( U\.Q 17)( O"l./lLV)?XLJ7 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF SFJV-2002-1, LLC 3476 STA TEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-2320-CIVIL ROBERT L. BREWBAKER, SR. JEANETTE BREWBAKER AJKIA JEANETTE E. BREWBAKER 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 II11d 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 ofthe Soldiers' and Sailors' Civil Relief Act of Congress ofl940, as amended. (h) that defendant ROBERT L. BREWBAKER, SR. is over l8 years of age II11d resides at, 510 TERRACE DRIVE, NEW CUMBERLAND, PA 17070. (c) that defendant JEANETTE BREWBAKER AlK/A JEANETTE E. BREWBAKER is over 18 years of age, and resides at , 510 TERRACE DRIVE, NEW CUMBERLAND, P A 17070. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Ed~q Attorney for Plaintiff ALL THAT CBRl'AIN lI;lCt or (lalCel of land sitUate in tile llot(lugll of New CUmberland, CAllllly of Cumberland, CoJl1moowealth of PeDDsylVBDia, more particularly bounded and described according to a IlUI'VeY nf D.P. RalTlmsperger, Regi:steRd Surveyor, daIed Mu'cb 23, 1956, as foHows, 10 wit: lIEOINNlNG 81 a point on the J<JUtbeastcrly .ide at a coucrele walk bonlering Terrace Drive, said point being 381.81 fectllOlllbwestWal:llly from lIIe_rsection ofTemce Drive and BrlIIldt Aveooe, said point also beillg al, the divldiug lioc between Lot Nos. 34 awl 35, Bloct 'C', 011 the hereinafter meiIlIioned Plan of Lots, tbellCe aloac said dividing line, southeastwardly at ri;htqb to the b'8id southeasterly side of a COIICl'cte walk, 110 feet 10 a point at II:le divid1lllllille bet\lIIeeft [.at Nos. 12 aIId 34, Bloct "C', 011 herelnafter I11(ll1fi,'-' Plan of l.oIa; thaK:c oouthwen..-dly along said dividing line, 60 feet 10 " pain! atlhe diVidill& \ioe between.l.ol; Nos. 33 aDd 34, Block 'C", on tile said Plan; !hence along said dividing line northwestwardly 110 feel to a point allhe solllheaslerly slde of Ihe said ooncrele walk, Ibc:nce along the aoulbca8tcrly aide of the said COIlCfcle walk and at rightlUl&lel; 10 the IlI8I mcn!iQM:I dividlllg line, 60 feet 10 a poiol, the p)a(;c af begillDing. BEING Lot No. 34, 8loct "C", 00 Plan of SimpSlln Terrace, Addition II, to I'orrest Hills, said Plan rc:.;ordcd in Cwnberlw Cowuy Plil.ll Book 4, Page 109. HAVING nrnREON ElWCTlll> a one-swy fnlme dwelling house Jmown and numhcred lIS S10 Terrace Drive, New Cumberland, Pennsylvania. Tax P..m:e.II26.24-0811-154 TITlE TO SAID PRBMlSES IS VESTED IN Robert L. Brewbaker, Sr. And Jeannette E. Brewbaker, his wife by Deed froIlllames Ralph MMOnllcimcr aDd Nanc:tte T. MaSOlll1eimer, bi~ wife dated 9/11/2001 and recorded 911912001 in Record Book 248. Page 215S. C tv (:) .t.o. ....() ~ t!:- \ () ~ w () ....... ~ Crt r ~ OJ w r (0") ....., -0 (:.,:~~, 0 () c.":> -\1 N JC,- ~ , -.... F " ....J:: ~ -- :I:" ~ fnf= -.~ C'J 1:- I -~.. , u:> ( ~,',~.~>) 4.::' ~ C) .rn c-, , . <-,1 -.::J .. (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 SFJV-2002-1, LLC Plaintiff, v. No. 04-2320-CIVIL ROBERT L. BREWBAKER, SR. JEANETTE BREWBAKER AIKIA JEANETTE E. BREWBAKER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $85,41O.l2 Interest from 7/7/04 to DECEMBER 8, 2004 (per diem -$l4.04) $2,162.l6 and Costs TOTAL $87,572.28 F.J~f[;umE One Penn Center at Suburban Station l6l7 John F. Kennedy Boulevard, Suite l400 Philadelphia, PA l9103-l8l4 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ;;cJ D \.I P- ~ 'It ...... tv m Ct) ~ ~ IN ~ ~ f-'" [: ~. -r- --'4{ -- ~ w ~ ~ -- w ~ ~ -.l ....0 G'" ..0 ~ --... !rJ () Crt t> ..:J 0 V} C> ~ o () c c (,J C> 0 C> W I.:J -.J - :: ~ ~ ~r ~ , - F[jJ - ., ~ ~;}~ - ~ . ---.l.. ~. ~ ~ n .... ,......":l ~i"l = ""l ::1.0 1I<l~ ~~ ""la':! ~ >-3 ~ 0 Q""l '" i"l :; ~ ~l-'I n ~ >-3 .... o :;;;: .... i"l ~ i"l >-3 >-3 i"l 1:1:I ~~ ~o >~ ~~ ~I:'"' ~. ~I:I:I >~ ....~ i"l> ~~ :jJ:l i"lOO i"l?:l 1:1:I ~ ~ 1:1:I > ~ ~ I:'"' I:'"' n ~ @ '" ~ rT> Vl >- ~ rT> ~: >-~h ~ ~ ~~ \ \ == 0 >-3>-3 8 ~ ~ ~~~ i"li"l ;;;~\ t:l t:l ~" a':! a':! Si " ". << ...., i"li"l . . :;;;::;;;: i"li"l ~~ nn ~~ ~~ I:I:I~ i"l~ ~~ ~t:l . . ":l":l >> .... .... .... .... == ........ == < ~ 00 ""l ~ , N = = N , .... . s ~ a- rT> '" rT> ~ rT> po. g~ ~ "'. ~~." ~6 >-0 :;;;: ~'"" t:l !$) nO g""l :;;;:n >-30 ~~ ;ll~ :;;;:0 :;;;::;;;: oo":l ><1:'"' I:'"'i"l <> >00 :;;;:0 ....""l > ,..., 1.:.:":;1 ('::) :22 '"I"I "-, -.r m?~: 1 :}j8 to '_;.. ~'2' ~;;; -n (.J ~t'I \..~:) ALL THA l' CERTAIN tract 0' parcel of land situalc in lite Borough of New Cumberland, ConnlY of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described acam1ing to a flW'1iC)' of D. P. Raffensperger, Registered Surveyor, dared Marcb 23, 19S6, as follows, 10 wil: llEGlNNINO at a point on the southeasterly side of a concrete walk bordering Terrace Drive, said poim being 38 t. 87 feet !IOOlhwescwanlly from the illlersecliOll or Temce On ve and Ilr.uIdt Avenue, sald point also beiog allhe dividing line belweeD Lot Nos. 34 and 3S, BIoct 'C', on the hereinafter menlioned Plan of Lots; thence along said dividing line, southcaJltwardly al rillht allllblO the .-aid southeasterly side ofa concrete walk, 110 fcellO a point at die dividing Iiille between Lot Nos. 12 alId 34, Block "C-, on hereinafter menlioned Plan of Lots; tbem:e southwestw.ardly aIollll said dividing line, 60 feet 10 a point atllle dividing line between Loc NOI!l. 33 and 34, Block 'C'. oulbe said Plan; thence along said dividing line northwestwardly 110 feel 10 a point al tlJe soulheaslerly side oJf tlJe said concrete walk, lhern:e a100g the southeasterly aide of the said concrete walk lIIld at right anglf;l; to tbe last mcntioru>:! dividillg line, 60 fe<'110 a point, the place of beginning. BEING Lot No. 34, Block "C', on Plan of Simpson Tc.,race, Addition #1,10 i'orrest Kills, said Plan recorded in Cumberland County Plan Ilool 4, Page 109. HAVING THEREON ERE("'l!D a ooe-story frame dwelling !muse known and numbered as 510 Terrace Drive, New Cumberland, Pennsylvania. Tax Parcel #26.24-081] .l54 TITl.6 TO SAID PREMISES IS VESTED IN Robert L. Brewbaker, Sr. And I_tie E. Brewbaker. his wife by Deed ftQllllames Ralph Masonhcimcr and Naaette T. MaSOllbeimer, his wife dated 9/1112001 and recorded 9/1912001 in Record Book 248, Page 2155 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 04-2320 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SFJV-2002-1, LLC Plaintiff (s) From ROBERT L. BREWBAKER, SR., JEANETTE BREWBAKER AIKIA JEANETTE E. BREWBAKER (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued: (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property ofthe 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 $85,410.12 L.L. $.50 Interest FROM 7/7/04 TO 12/8/04 (PER DIEM - $14.04) - $2,162.16 AND COSTS Atty's Comm % Due Prothy $1.00 Ally Paid $137.73 Plaintiff Paid Date: JULY 9, 2004 Other Costs (Seal) CURTIS R. LONG ProthonotaJ? p 7YJ. ~ ~: L..{'AIJ/l\..P .' LCIl4....",} Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PIDLADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STA nON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF SFJV-2002-1, LLC Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION ROBERT L. BREWBAKER, SR. JEANETTE BREWBAKER AIKIA JEANETTE E. BREWBAKER NO. 04-2320-CIVIL Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUiRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, II11d that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage () non-owner occupied () vacll11t (X) Act 9l 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. (;:L~ FRANK FEDERMAN, ESQUiRE Attorney for Plaintiff ~~, C:':.~ ~~ Cl ., -, R1 f~~ -':1 r~~ ..-,l..... ;~~(S I \......-:J -T) z? ( ,) I'Jl ,,'j SFJV-2002-1, LLC CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS ROBERT L. BREWBAKER, SR. JEANETTE BREWBAKER AlK/A JEANETTE E. BREWBAKER CIVIL DIVISION NO. 04-2320-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) SFJV-2002-1, LLC. Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .510 TERRACE DRIVE, NEW CUMBERLAND, PA 17070. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBERT L. BREWBAKER, SR. 510 TERRACE DRIVE NEW CUMBERLAND, P A 17070 JEANETTE BREWBAKER AfKJ A JEANETTE E. BREWBAKER 510 TERRACE DRIVE NEW CUMBERLAND, P A 17070 2. Name and address ofDefendant(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) CUMBERLAND COUNTY ADULT PROBATION 1 COURTHOUSE SQUARE CARLISLE, P A 17110 4. Name and address oflast 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/Occnpant 510 TERRACE DRNE NEW CUMBERLAND, P A 17070 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 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 :v":::~:18 p, OS S~ 4904 rei"". '" ~'w= 2dr "_ DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~ 0 C~) "n =71 I I,_.D ,"",'" (.) eJl "co SFJV-2002-1, LLC CUMBERLAND COUNTY Plaintiff, v. No. 04-2320-CIVIL ROBERT L. BREWBAKER, SR. JEANETTE BREWBAKER A!K/A JEANETTE E. BREWBAKER Defendant(s). July 7,2004 TO: ROBERT L. BREWBAKER, SR. 510 TERRACE DRIVE NEW CUMBERLAND, P A 17070 JEANETTE BREWBAKER A/KJA JEANETTE E. BREWBAKER 510 TERRACE DRIVE NEW CUMBERLAND, P A 17070 "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 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, 510 TERRACE DRIVE, NEW CUMBERLAND. PA 17070. is scheduled to be sold at the Sheriffs Sale on DECEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $85,410.12 obtained by SFJV-2002-1, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriffthe full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe 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 maybe entitled to a share of the money which was paid for your house. A schedule of distribution ofthe 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 ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 ALL 1lIAT CERTAIN ttlICl or parccl of land $JIWlle in lite Borough of New Cumberlall(l, Coonly of Cumberland, Commonwealth of Pennsylvania, more partiCJlarly bounded and described according to a!llllVl:Y of D.P. Raffensperger, Registered Surveyor, dated March 23, 1936, as follows, to wit: BEGINNING at" point on Ihc southeasterly side of a COIICl'rte walk bordering Terrace Drive, said point being 381.87 feet w\ltflwestwardly from the infersection of Terrace Drive lIl1d Bnmdl A venue, said point also beltlg at the di vWing line bet:weeo Lot Nos. 34 awl 3.5, BIoct .C., 011 the heRiDafter meDtiolllld flan of loU; !bew:e along said dividing line, southeastwardly at rillht aoa:les to the said southeasterly side ofa concretl: walk, 110 feel to a point at tlllldividln.slille betweeIIl..ot Nos. 12 ao434, Block "C., on heIlllnafter memioned Plan of Lots; thence sou1hwestw.ardly along said dividing liuc, 60 feet to a point atdle dividing line between LoI' Nos. 33 and 34, Block 'C', on !be said Plan; thence along said dividing lille northwestwardly no feel to a point althe southeasterly side of die said concrete walk, thence a100g the slllllbcask:rly side 01' lhe said 00IICI'Cte walk and at right anglao to the IDSllJlClltioned dlvidillg liI1e, 60 feel lO a point, !be place of beginning. BEING Lot No. 34, Block "C', on Plan of Simpson Terrace, Addition iii, to J'orrest Hills, said PIan rc<:ordcd in Cumberland CO\Imy Plan Book 4, Page 109. HAVING THEREON E!RE(,'TliD a OlIC-story ftame dwelling hmIse Imown JIIId numbered lIS 510 Terrace Drive, New Comber1and, Pennsylvania. Tax P..uu:II26-24-0SI ] -1.54 TITlE TO SAID Pk6MlSES IS VESTED IN Robert L. Brewbaker, Sr. And Jeannette E. Brewbaker, his wife by Deed from lames Ralph MasollbCilllCl' and Naucttc T. Masollllelmer, bi5 wite dated 9/11/2001 and recorded 9/1912001 in Record Book 248, Page 21SS. ,....,) ... 'J c.'_.;) ._i~" c~.. I I U:i (-'j "::-il :~.~--, rll(:': iT) C) , C) (,,) , en \"1::' :J AFFIDAVIT OF SERVICE PLAINTIFF SFJV-2002-1, LLC ROBERT L. BREWBAKER, SR. JEANETTE BREWBAKER AlKJA JEANETTE E. BREWBAKER No. 04-2320-CIVIL CUMBERLAND COUNTY PIT DEFENDANT(S) ACCT. #1171000244 SERVE ROBERT L. BREWBAKER, SR. AT 510 TERRACE DRIVE NEW CUMBERLAND, P A 17070 Type of Action .. Notice of Sheriff's Sale Sale Date: DECEMBER 8, 2004 SERVED Servedaudmadekuownto ?(~'6F[<:C~L.~J3AI<EK. , Defendant, on the 2..~ dayof -:::k;LY ,2oo!i., at C, :3~ . o'clockf.m, at.J5lfj --ri.<fZ#"F "01<) NE:W (()~"gF:K.lAp.jJ;) fA 17"7~ommonwealth ofPeunsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defeudant(s) reside(s). Name and Relation:;hip is Adult in cbarge ofDefendant(s)'s resideuce who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Ageut or persou in charge ofDefeudant(s)'s office or usual place of business. au officer of said Defeudant(s)'s company. Other: Descriptiou: Age ...5d... Height ..!j'!' Weigbt 110 Race WIII1lZ Sex -'!L Other I, "'"'1.1'1<>1'111' D. $,. CtIZ , a competeut adult, being duly sworn according to law, depose and state that I personally banded a true and correct copy of the Notice of Sheriff's Sale in the manuer as set forth herein, issued in the captioned case ou the date and at the address indicated above. NOO.I"" ~,.; ... "-I lftlaJ..Iurnper. Nolar; ,',.0.. . Sworn to and subscribed CIrIII8 eoro. CunboIIMd ~ before me this ~y fll\'OmNIIIcnExpnos JU\f:/3. 2006 Of~, 200#: -............~ Notary: By: ~ { . PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED )10/- On the day of ,200_, at Moved Uuknown No Answer l't Attempt: / / Time: 3rd Attempt: / / Time: o'clock _.m, Defendant NOT FOUND because: Vacant 2nd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Fedennan, Esquire - I.D. No. 12248 ,; -\1.f.' !j_;'.-"'~ :"..7 ~'" ..' "-': J ,'~"''1,'" ,: "; ."~ <,1..~,A>l'~r.J t\', "".\. ,;'';;~''~%'! ,.,'{,<~m~b; W ! ".J ,..'.'.).;,.............."..~J,:'_,~"...1~_.:.l.,~ " I :,:'~ i,1 c_; -':1 C,-,) C', I..t:) AFFIDAVIT OF SERVICE PLAINTIFF SFJV-2002_1, LLC CUMBERLAND COUNTY DEFENDANT(S) ROBERT L. BREWBAKER, SR. JEANETTE BREWBAKER A/KJA JEANETTE E. BREWBAKER No. 04-2320-CIVIL PIT ACCT. #1171000244 SERVE JEANETTE BREWBAKER A!K/A JEANETTE E. BREWBAKER AT SIO TERRACE DRIVE NEW CUMBERLAND, PA 17070 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 8, 2004 Served and made known to _)r AIV':;~ ,200j, at (,; 3~ , o'clock~.m., at - SERVED 3I1.EW~f..i;(( , Defendant, on the z.~ 'f'/1 - day of ...iUL.fI , Commonwealth of Pennsylvania, in the manuer descrihed helow: Defendant personally served. '/ () (M~ Adult family member with whom Defendant(s) reside(s). Name and Relationship is It....AIFffT DmJi!>AKeR 1lli5 '?I Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defeudant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place ofhusiness. an officer of said Defendant( s)' s COmpany. v Other: Sworn to and S~1.Ji~d before me this "'ttay of _!; Jl(/ . 200'y Notary: Description: Age-.!i1.- Height~ Weight..11lL Race/.VII1Tr: Sex~ Other I, --r.:...n(p 0. S-;-: ~ , a competent adult, being duly SWorn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioued case on the date and at the addr - r- . Seal LildaJ../iinp., Nclary PIdc c..w.1Ionl, QmlMnj Cllunly Ml'0l.... I "~~Zl,2006 --.~~~ By: ~ I~. Y'?T PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED Outb= day of ,200-, at Moved Unknown No Answer 1" Attempt: / / Time: 3rd Attempt: / / Time: o'clock _.m., Defendant NOT FOUND because: Vacaut 2nd Attempt:_ / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - 1.0. No. 12248 ..-~ ./! (,) ,. ,-; h.i\':./'~/I< ~ A_;" .~.,;~.~ ,t<~,.; '~,- '.,,"';"", ~' ",,~,.","I:J.1-,'~., ,1':II"1J..,,(...) ;'~,~6. ,". ~,' ~",'\'I',~.unq.,."M ~,.,.~-:;j t,':' ;;..." ~ "_,',, ", .;;;~: ~-;;;;l-;~.""';:Ok\ ,--', C':;') C:-;J ~- o -rl r"'") ..-1 C'~ -~"1 C:J \...i',::> . SFJV-2002-1, LLC In The Court of Common Pleas of VS Cumberland County, Pennsylvania Robert 1. Brewbaker, Sf. and Writ No. 2004-2320 Civil Term Jeanette Brewbaker aJk/a Jeanette E. Brewbaker Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states tha on September 10, 2004 at 1:45 0' clock PM, he served a true copy of the within Real Est te Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Robert 1. Brewbaker, Sf. and Jeanette Brewbaker k/a Jeanette E. Brewbaker, by making known unto Robert Brewbaker, personally and ad It in charge for Jeanette Brewbaker, at 510 Terrace Drive, New Cumberland, Cumberlan County, Pennsylvania, its contents and at the same time handing to him personally t said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states t at on October 07, 2004 at 2:19 o'clock P.M., he posted a true copy of the within Real E tate Writ, Notice, Poster and Description, in the above entitled action, upon the property f Robert 1. Brewbaker, Sr. and Jeanette Brewbaker a/k/a Jeanette E. Brewbaker locate at 510 Terrace Drive, New Cumberland, 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 nam d defendants, to wit: Robert 1. Brewbaker, Sr. and Jeanette Brewbaker aJk/a Jeanette Brewbaker, by regular mail to their last known address of510 Terrace Drive, New Cumberland, P A 17070. These letters were mailed under the date of October 06, 20 4 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he returns the within writ as STAYED per instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 15.76 Advertising 15.00 Posting Bills 15.00 Law Library .50 Prothonotary 1.00 Mileage 25.16 Levy 15.00 Surcharge 30.00 r<;D ,. Lh'i~?i(S' iCe '-'" l.5~' 3 5'1 , Law Journal Patriot News Share of Bills 316.55 309.43 30.42 $803.82 Sworn and subscribed to before me This i+~ day of ~~ 7/ \ 2004, A.D. \lfh L - () )].., ,I', . o onotary S~~s.:?s: /~ r~.'.~~~ ..r~ R. Thomas Kli .^/fli B~ ~FJV-2002-1, LLC . CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLE S ROBERT L. BREWBAKER, SR. JEANETTE BREWBAKER A!K/A JEANETTE E. BREWBAKER CIVIL DIVISION NO.04-2320-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) SFJV-2002-1, LLC, 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 info nnation concerning the real property located at 510 TERRACE DRIVE NEW CUMBERLAN PA 17070. 1. Name and address of Owner(s) orreputed Owner(s): Name Last Known Address (if address cannot b reasonably ascertained, please indicate) ROBERT L. BREWBAKER, SR. 510 TERRACE DRIVE NEW CUMBERLAND, P A 17070 JEANETTE BREWBAKER AlKJ A JEANETTE E. BREWBAKER 510 TERRACE DRIVE NEW CUMBERLAND, P A 17070 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record Ii n on the real property to be sold: Name Last Known Address (if address cannot reasonably ascertained, please indicate) CUMBERLAND COUNTY ADULT PROBATION 1 COURTHOUSE SQUARE CARLISLE, PA 17110 f 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot e 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 reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and hose 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 an interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TenantJOccupant 510 TERRACE DRIVE NEW CUMBERLAND, PAl 7070 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 July 7,2004 DATE I verify that the statements made in this affidavit are true and correct to the best of my pe knowledge or information and belief. I understand that false statements herein are made subjec penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to aut .. es. ~(/ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff onal to the { SFJV-2002-1, LLC CUMBERLAND COUNTY Plaintiff, v. No.04-2320-CIVIL ROBERT L. BREWBAKER, SR. JEANETTE BREWBAKER A!K/A JEANETTE E. BREWBAKER Defendant(s). July 7, 2004 TO: ROBERT L. BREWBAKER, SR. 510 TERRACE DRIVE NEW CUMBERLAND, PA 17070 JEANETTE BREWBAKER KiA JEANETTE E. BREWBA R 510 TERRACE DRIVE NEW CUMBERLAND, PAl 070 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFOR A TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHA GE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONST UED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at 510 TERRACE DRIVE NEW CUMBERLAND PA 17070 is scheduled to be sold at the Sheriffs Sale on DECEMBER 8, 2004 at 10:00 a.m. in the Cum erland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgme t of $85.410.12 obtained by SFJV-2002-I. LLC (the mortgagee) against you. In the event the s Ie is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3 29.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late harges, 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 r open the judgment, if the judgment was improperly entered. You may also ask the Cou to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. i You may need an attorney to assert your rights. The sooner you contact one, the ore 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 OT ER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bid r. You may find out the price bid by calling (215) 563-7000. 3. The sale will go through only ifthe buyer pays the Sheriff the full amount due i find out if this has happened, you may call (717) 240-6390. 2. You may be able to petition the Court to set aside the sale ifthe bid price was inadequate compared to the value of your property. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the ner 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 t e Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedin s to evict you. 6. You may be entitled to a share of the money which was paid for your house. A s hedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of th sale. This schedule will state who will be receiving that money. The money will be paid out in accord nee with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed w h 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, fyou act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma n t be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must e postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 ALL TIlA'f CERTAIN tract or parcel of land silUalC in the Borough of New Cumbertall(l, Coont l.'ulllberland, Commonwealth of PeDDsyIVllllia, more particularly bounded and described accord! a survey of D.P. Raffensperger, Registered Surveyor, daled March 23, 1956, as follows, l{) wit BEGINNING .1. point on the southeasterly side of a ronc:rete walk bordering Terrace Drive, said Dl being 381.87 ftct southwestwardly from the ill!e~tioo ofTertace Drive and Jlrandt A venue, sald po nt also being at the dividing line between Lx Noo. 34 awl 35, Block 'C', 011 the hereinafter mc:nlio Plan of Lots; thence along said <lividinj: line, southeastwardly at ri8hl .ngles to the .'lIid soulheas\e y side of a concrete wall<, 110 feet 10 a point atllle dividing lille between 1.01 Nos. 12 and 34, Block" " on hereinafter mentiun.o Piau of Lots; tbence southwestw.ardly along said dividing line, 60 feet t . point at the dividing lioe between LoI Nos. 33 and 34, Block 'C', onlbe Sllid Plan; thence along d dividing line northwestwardly 110 feet to a point. at tile SOIllheasterly .ide of the said concrete W3 thence along the southeasterly side 01' the sai<i concrete walle and at rig111 anglell l{) the last mcntio dividing lioe, 60 fcello a point, tllr:. place of beginning. BEING Lot No. 34, Block "C', on Plan of Simpson Terrace, Addition UI, to t'orrest Hills. said P recorded in Cumberland CoumyPlan Book 4, Page 109. HAVING THEREON ERE01!D a ollNtory frame dwelling house known and numhcred as 51 Terrace Drive, New Cumberland, Pennsylvania. Tax Parcel #26-24-0811-154- TlTI.E TO SAID PREM1SES IS VESTED IN Robert L. Brewbaker, Sr. And Jeannette E. Bn:wbalcc:r, his wife by Deed from James Ralph M3!lOIl!lclmer and Nanette T. MaSOlll1eimer, hi. wife dated 911 1/2001 and recorded 9/1912001 in Record Book 248, Page 2155. WRIT OF EXECUnON and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2320 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SFJV-2002-1, LLC Plaintiff (s) From ROBERT L. BREWBAKER, SR., JEANETTE BREWBAKER AlKfA JEANETTE E. BREWBAKER (1) You are directed to levy upou the property of the defeudant (s)aud to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) uot levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is eujoined fr paying any debt to or for the account of the defendant (s) and from delivering any property of the defend nt (s) or otherwise disposiug thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee. you are directed to notify him/her that he/she has been added as garnishee and is eujoined as above stated. Amount Due $85,410.12 L.L. $.50 luterest FROM 7/7/04 TO 12/8/04 (PER DIEM - $14.04) - $2,162.16 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $137.73 PlaintiiTPaid Date: JULY 9, 2004 Other Costs CURTIS R. LONG (Seal) By: REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale #19 On August 27,2004 the Sherifflevied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, P A Known and numbered as 510 Terrace Drive, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 27,2004 By: Jdu rmd~ Real E~tafe Deputy ~ ~ ~ !., V',lA S 11 H3d "'I"'in .: ~ '.1 I' . !)E G ?j,nr H~, !' "J :i.:UlUfl:,I' ,." _,,,j_dU REAL-ESTATE SALE NO. 19 Writ NO. 2004-2320 CM'Term SF~~-1,LLC. . 'V$./ . RoI:IeI1L B~, Sr. and Jeanette Bi'ewblIlleJ' aJfrJa Jeanette E. Bi'ewblIker Atty:"rankFecil!rnian DES<;~IPTIO" AU. THA'I: CEJUAIIt~ ll1' pmrel of )and . si_ in the BOIllIIghof ~. CIIJIlberland, COuoly. of CumbeIl8nd;..ieommonwea\1h of Pennsylvania.lllOlO~Ybol1ndedand described ll(Colding..toa smveyof D.P. Raffensperger, Regist<ledSurveyor, dated March 23,1956,38 follows; to \Vie BI'.GJNNWGat a paint on lhesoutheaste1iy side of a COl\ClOlewalkbOJ;deringThl:rac:e Drive; said pointbeing.38I.S,7 (eetsoutbwest\VIll1lIY from the intersection of Teaace Drive and BllII!dt Avenue, said point alsOiheinattheilividingline between lot Nos. 34 and 3J,BIock "C",.oo !he IJerein.. after.1IlIlIl1iOned PlaIt oflots~ ~.a1ongsaid.. dividingliDe..$OIIlbeastwanllYal~atigles to the said southeaslllIlysideof a COJJCreltwalk, 110 fOOl.to apaintatlhe dividing linebetw... lot Nos. 12 and34,Block"C". on heti:inafter men1ilmed PlaIt of lots~ thenot southwestwardly along said dividing line,(j() teetto a point at the dividing line between lot Noll. 33 and 34, Block . "C", onthe'said PlaD;lhence aJongsaill1lividing . line IlOlfhWestwanlJy 110 feet to a paint at the sOutlJeaslllIIy side of the said coDcrete walk, . thence a1cmelhe sontheaIlteily side of !he said COJJCrelt waikand at rigbtatigles 10 the last . ..lIIeIll.io1lcildividing~60(eet.tolipoint; .the ~ ofBI'.GJNNWG'l;' 'i .... .. .' l!EiNG lot No.. 34,jllock"C", on' Plan of Simpson Teaace,AtlljiIlgn iiI; 10' FomSt Hills, said Plan recotded~<iJwnberiandC<lui!ty Plin Book4,~1ll9; ....... . . HAVING TIlEREONerected a one-stpry frame dwelling house lcitown and numbered. as 510 ThI:rac:e Drive. New. Cumberland; Pennsylvania. TAX PARCEL #26-24-0811-154. 'ITfLE TOSAID premisesisveSted.in Robert L. BrewbaIrer, Sr. and J_ E. Brewbaker, his wife, by Deed from James Ralph Masonbein1er and Nanette T. Masonheimer. his wife, dated 9/ 1112001' and reconlOa911912001 in RecMI Book 248,!'age 2155. ,1' . REAL ESTATE SALE NO. 19 Writ No. 2003-2320 Civil SFJV-2002-1. LLC vs. Robert L. Brewbaker, Sr. and Jeannette Brewbaker. a/k/a Jeannette E. Brewbaker Atty.: Frank Federman ALL THAT CERTAIN tract or par- cel ofland situate in the Borough of New Cumberland. County of Cum- berland, Commonwealth of Pennsyl- vania. more particularly bounded and described according to a smvey of D. P. Raffensperger. Registered Surveyor. dated March 23. 1956. as follows. to wit: BEGINNING at a point on the southeasterly side of a concrete walk bordering Terrace Drive. said point being 381.87 feet southwestwardly from the intersection of Terrace Drive and Brandt Avenue, said point also being at the dividing line be- tween Lot Nos. 34 and 35. Block "C". on the hereinafter mentioned Plan of Lots: thence along said di- viding line. southeastwardly at right angles to the said southeasterly side of a concrete walk, 110 feet to a point at the dividing line between Lot Nos. 12 and 34. Block "C". on hereinaf- ter mentioned Plan of Lots; thence southwestwardly along said divid- ing line. 60 feet to a point at the dividing line between Lot Nos. 33 and 34. Block. "C". on the said Plan: thence along said dividing line northwestwardly 11 0 feet to a point at the southeasterly side of the said concrete walk, thence along the southeasterly side of the said con- crete walk and at right angles to the last mentioned dividing line. 60 feet to a point. the piace of beginning. BEING Lot No. 34. Block "CO, on Plan of Simpson Terrace. Addition # 1. to Forrest Hills. said Plan re- corded in Cumberland County Plan Book 4. Page 109. HAVING WEREON ERECTED a one-story frame dwelling house known and numbered as 510 Ter- race Drive. New Cumberland, Penn. sylvania. Tax Parcel #26-24-0811-154. TITLE TO SAID PREMISES IS VESTED IN Robert L. Brewbaker. Sr. And Jeannette E. Brewbaker. his wife by Deed from James Ralph Ma. sonheirner and Nanette T. Mason- heimer. his wife dated 9/11/200 I and recorded 9/19/2001 in Record Book 248, Page 2155.