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HomeMy WebLinkAbout01-0721FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE DENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, 1NC., F/I<UA AMEPUCA'S WHOLESALE LENDER 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. 01-7021 E?v ,'1 CUMBERLAND COUNTY DAVID MERLE KYLER LISA A. KYLER 118 HOGESTOWN ROAD MECHANICSBURG, PA 17055 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE lin BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDEinCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Lomb#:8943335 Plaintiff is COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER 7105 CORPORATE DRIVE PLANO, TX 75024 The name(s) and last known address (es) of the Defendant(s) are: DAVID MERLE KYLER LISA A. KYLER 118 HOGESTOWN ROAD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/8/93 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1186, Page 1075. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/1/99 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." The following amounts are due on the mortgage: Principal Balance Interest 9/I/99 through 1/1/01 (Per Diem $14.79) Attorney's Fees Cumulative Late Charges 12/8/93 to 1/1/01 Cost of Suit and Title Seamh Subtotal $73,222.18 7,232.31 3,661.00 27.04 550.00 $84,692.53 Escrow Credit 0.00 Deficit 1,447.58 Subtotal $1,447.58 TOTAL $86,140.11 The attorney's fees set forth above are in confornfity with the Mortgage documents and Pennsylvania Law, and will be collected in the event ora third party pumhaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $86,140.11, together with interest from 1/1/01 at the rate of $14.79 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff December 1, David Merle KyJer 118 Hogeslown Rd Mechanicsburg, PA 17055-3116 Certified Mail No. Return Receipt Requested Regular Mail Coantrywide Loan it 8943335 Properly Address: 118 Hogestown Rd Mechanicsburg, PA 17055-3f 16 FHANA Case it: 4701433772 NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSUREi Countrywide Home Loans, Inc. (hereinafter "Counttywide") sePzlces your home loan. Your home loan is ~n , ~=, u~ ~J~!laull because you have not made your required payments. The tota~ amount now required to reinstate you~ I, ~; ~t Ihe date of this letter is as follows: Late Char~ 10/01/1999 - 11/30/1999 ~ $270~ $51 Other Charqe~s Uncollected Late Charges Uncollected Cosls $1 TOTAL DUE: $1,41270 You may cure this detsult wilhin THIRTY-FIVE (35) DAYS gl the date of this letter, by paying to us the abbey, ~.l~unl gl $1,412.70, plus any additional monthly payments, late cha~ges, fees and other applicable charges which :r~ ,~ hill due during Ihis period. Such payment must be in the form of certified check, cashier's check or money orde~ ~.1 made payable to Count~/w~de at P,O Box 10221, Van Nuys, CA 91410-0221. If your check or other payment is rel~.m~d Io us granted due Io a returned payment. If you do not cure this default within THIRTY-FIVE (35) DAYS, we will accelerate the payments due on your hom,~ loan This means whatever is owing on the odg~al amount borrowed w~ be considered due immediately and you may lose the chance to pay off your home loan in monthly Jnstallmenta. If the tull payment of ~ amount of default is not m~. h~ wHh.~ THIRTY-FIVE (35) DAYS, we also intend to immediately starl a lawsuit to loreclose on your mortgaged plol)eHy Y~OU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistartce program may be able to help you. Read the foftowintt r~tice to find out how the program works. La notthcacion en adjunto es de suma important;ia, pues afecta su derecho a contthuar vtviendo en su c~sa. Si no comprende el contenido de esta notificacion obtenga una lraduccion inmediatamente llama.do a esta a~erlcia (Pennsylvania Housing Finance Agerlcy) sin cargos al numero menci~lado arrtha. Usted puede sar elegthle para un prestamo del programa Ilamado "Hoeaeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir sa hipoteca. You may be eligible for financial assistance that will prevent foreclosure on your modgage il you corot)fy wrlh Ill,: provisions of the Homeowners' Emergency Modgage Assistance Act of 1983 (the "Act"). You may be ~,1~!~1)1~ emergency temporary ass~starme if your default has been caused by circumstances beyond your control, you h~w i reasonable prospect of resuming your mortgage payments, and il you meet other eligibilfiy requirements estahhshed by the Pennsylvania Housthg Finance Agency. Please read all of this Notice. It contains an explanation of your lights Under the Acl, you are eng§ed to a temporary stay of foreclosure on your mortgage for thkty (30) days lrom the date this Notice During that time you must arrange and attend a "face-to-face" meegnl~ with a representative of this lender, ~; 8943335-3 BREACHPA $1,412.70 AS OF 12/01/1999 EXHIBIT A P.O. Box 102f9 Van Nuys, CA 91410-0219 II,l..,ll,h,l.,llll.,Ih,,,,hl.,llhl.,.lll,l..Ihl 89433~530001412700141270 December t, 1999 Lisa A Kyler 118 Hogestown Rd Mechanicsburg, PA 17055-3116 Van Nuys. CA 91410-0221 Certified Mall No~ Return Receipt Requested Regular Mail Countrywide Loan # 8943335 Properly Address: 118 Hogestown Rd Mechani~sburg, PA 17055-3116 FHANA Case it: 4701433772 NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE. Counlry'~de Home Loans, Inc. (hereinafter "County,vide") sen~ices your home loan. Your home loan is in se~)us default because you have not made your required payments. The total amount now required to reinstate you~ I~an ~s Gl the date of this leiter is as follows: ~P a~n ant s 10/01/1999 1113011999 Late Charg~ 10/01/1999 - 11/30;1999 Other Charge_ Uncollected Late Charges You may cure Ihls detauJt wilhin THIRTY-FIVE (38) DAYS of the date of this te{ter, by paying to us the abovr~ amount ot $1,412.70, plus any additional monthly payments, late charges, fees and other applicable charges which m;ly lall due during this period. Such payment musl be in lhe form of certified check1 cashier's check or money orde~ *l.d made payable to Countp/~de at P.O. Box 10221, Van Nuys, CA 91410-0221. If your check or other payment is relumed ts us for insufficient hinds or for any other reason, you will nol have cu~ed your default. No extension of time to cure wdl be granted due 1o a returned payment. If you do not cure this default within THIRTY-FIVE (35) DAYS, we will accelerate the payments due on your borne loan This means whatever is owing on the odginal amount borrowed will be considered due immediately and you may lose Ihe chance to pay off your home loan in monthly i~stallmenls. If the lull paymenl of the amount of detault is nol made within THIRTY-FIVE (35) DAYS, we also intend to immediately stad a lawsuit to toreclose on your mortgaged plopedy YOU MAY RE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. The Commonwealt~ of Pennsylvania's Homeo,amer's Emergency Mortgage Assistance program may be able to help you. Read the following ~otice to find out how the program works. La notificacion en adjunto es de suma importancia, pues afecta su derecho a contthuar viviendo en su casa. Si no comprende el contenido de esta notificacioo obtaaga una tradu(:cion inmediatame~te Ilamando a esta ageocia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Usted puede sar elegible para un prestamo del programa Ilamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecEo a ~dimir su hipoteca. You may be eligible for financial assistance thai will prevent foreclosure on your mortgage if you compJy wilh the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may he eligible tor emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect Gl resuming your mortgage payments, and it you meet other eilglbilily requirements established by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights Under the Act, you are entiUed to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date Gl this Notice. During thai time you must arrange and attend a '~ace~to-face" meeting with a representalive of this lender, or 8943335-3 $1,412.70 AS OF 12/01/1999 EXHIBITA P.O. Box 10219 Van Nuys, CA 91410-0219 II.h,..ll,I. h,,llll,,,ll,,,.I,l,,,lll,l.,.lll,l,h,ll.I 894333530001412700141270 HUD-Approved Counseling Agencies - Pennsylvania with a designated consumer cfedfi counseling agency. The purpose of this meefing is to altempl ta work out a repayment plan, or to othen~qse selfle your delinquency. This meeting must occur in the next thjrly (30) d~ys. If you attend a face-to-face mee§ng with ~ }ender, or w~l a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days alter the date of this meeting. The name, address and telephone number of our representalJve is: COUNTRYWIDE, 6400 Legacy Drive, Ptano, Texas 72567, Telephone Number: 1-800.669.6654, Extansion 7556. The names and addresses of designated consumer credit counseEng agencies are shown on the attached sheet It is only necessary to schedule one face-to-face rneeling. You should advise Count~de of your intentions immediately If you have tried and are unable to resolve this problem at or after your face-fo-face mee6ng, you have Ihe ~i~Tht ID apply or postmarked within thirty (30) days of your face-to-face meefing. Available funds for emergency mortgage assistance are ve~J limited. They will be disbursed by the Agency under the eligibility criteria established by the Act If the mortgage is foreclosed, your mortgaged properly will be sold by the Sheriff to pay off the mortgage> attorney's fees. YOU NAVE TNE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. EXHIBITA HUD-Approved Counseling Agencies o Pennsylvania It is estimated that the earliest date that a forecinsure sale could be held would be approximately six (6) months from the dale of this letter. A notice of the dale of the foreclosure sale will be senl to you before the sale. You may find out at any time exacity what the required paymen/will be by calling us at the foiJowi~g number: 800~6g~654, This payment must be in ine form of a cashier's check, certified check or money order and made payoble to us at the address stated above. If you cure this default, the mortgage will be restored to the same position as if no default had occurred. However, you may not cure your default more than three (3) times in any calendar year. We may also s~e you personally tot the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty-five (35) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevenl the sale at any time up 1o one hour before the foreclosure sale. You may do so by paying the letai due, as well as ali reasonable altor~ley's fees and costs incurred in con,ac§on with the forecinsure sale (and perform any other requirements under the mortgage). You should realize that a foreclosure sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property alter the Sheriffs sale, a laws~Jit could be started to evict you. Pursuanl to your lean documents, and because your loan is in default, CountqNvide may, at its opfion, enter upon and conduct an inspection of your properh/ The purpose of this inspection is to obse~e the physical condition of your properly, Io verify that the property is occupied and/or to deter-mine the identity of ina occupant. You will be responsible for the cosl ot any such inspection. If you are unable to cure your default on or before $1,4~2.70, Countrywide wants yo~ to be aware of various options that may be available to you through CountP~vide to prevent a foreclosure sale of your property. For example: R~ej~m~e~t Plan: It is possible thai Countrywide may be able to assist you in keeping your home by o~fering you some form of payment assisthnce Our basic plan requfres that you pay Countrywide, up front, at Jeas~ Y, ol Ihe amounl necessary to bring your account current, and that you pay the balance of your overdue amount, ~tJong wiitl your regular monthly paymenl, over a defined period of time. Other repayment plans a~so are available. Loan Modification: Alternatively, it is possible lhat Counl~/vade may be able to lower your regular monthly payments by reducing your interest rate, and then capitalize your delinquent payments to your current loan amount, through a modification of your loan This foreclosure alternative, however, is limited to cedain loan types. Sale of Your Property: Afiemativeh/, if you are willing to sell your home in order to avoid foreclosure, Countrywide may be able to offer you an aEernative to foreclosure even if your home is worth tess than what is owed on il Deed-in-Lieu: Alternatively, it your property is free from other liens or encumbrances, and if your default is due to a senous §nancial hardship which is beyond your control, you may be eligible to deed your property directly to Countrywide and avoid the foreclosure sale. ~f you are interested in discussing foreclosure alternatives with Countywide, you must contact us immediately Jf you request assistance, CounlrY~de will determine, in its sole discretion, whether that assistance will be extended to you In the meantime, Countrywide will proceed with ali collection, enforcement and/or foreclosure efforts unless if agree~ otherwise in writing. Please be advised that failure to bring your loan current or to enter into a wdffen agreement as ot~ined above will result in the acceleration of your debt. Time is of the essence!! Should you have any questions concerning this notice, please contact Countn/wide's once immediately at 1-800-669~6654, extension 7556. Shemn Khamou Loal] Counselor 1-800669-6654, Extension 7556 If your loan was in default al the time that il was acquired by Coullt~vide, please be advised of the following: 1 Countrywide is a debt cultsctor, we are attempting to collect a debt, and any information Countrywide obtains will be used for that purpose. 2. The amoont currently owed to CounI~vide is $1,412.70 (there may be other accrued inlerest, costs and expenses) Unless you, within thirty (30) days alter receipt of this letter, dispute the validity of the debt owed or any po~on ot this debt. we will assume the amount to be valid. If you notify us in writing within this thirty (30) day time frame that you dispule the debt or any portion of the debt, we will obtain vedf'lcafion of the debt and mail it to you and, if you so request, provide you with the name and address of the original creditor if it is different from the current creditor Please direct any written dispules lo the following address: Countrywfde Home Loans, Inc. Collections, MS SV.34 Attention: Research Counselor P.O. Box '/02'21 Van Nuys, CA 914f0-0221 F. O-iiBIT A HUD-Approved Counseling Agencies o Pennsylvania EXHIBIT A ALL THAT CERTAZN piece or par~el of land el%uate Silver Spring, County of CuaDerland and State of Pennsylvania, bounded and described as follous~ ' 8EGZHNZNG at a point in the center of the Hogestoun Road; thence by now or forlerly of Lloyd Doner, North 35 degrees 45 iinutes East, 1060.95 feet to a pin on line of land now or for&erl¥ of said degrees, ~arroneousl¥ set forth in prior deed as SS degrees), East, 102o&5 feet to a pin in corner of lot now or foreerl¥ of Hilliaa B. Kale¥ and Elsie I. Kale¥, his wife; thence along sazd land of Hilliae S. Kele¥ and Elsie I. Kale¥, his wife, South 35 degrees 43 ainote5 ~e~t feet to a point in the center of the Hogestown Road; thence along the center of said Road North, S~ degrees Heat, i02.~S feet to a point in the center of said Road~ the place of B£GZ~INNGo COHTA~HZNC 2,5 acres and havxn~ theron erected a iobil~ boll known and,.~abered as 115 Hogestown Road, ~echanicsburg, Penns¥1vl~tl.' · S£I~G the saae prelises ~hich Ge~ald~n~ Kal~:'~t~on Horrette and Lee Horrette, her husband by Oeed dateO July ~&, ~S& and recorded in Cumberland County, in Deed Book A, ~Olula 32~-P~ge &l~ conveyed un~o Sandy K. Rhoades. : PRI~MISES: 118 ~0~ESTOWN ROAD PA 3 PAGE VERIFICATION BRANDON SC1UMBATO hereby states that he is V.P. of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiffin this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswomflalsification to authorities. . ~/ SHERIFF' S RETURN - REGULAR CASE NO: 2001-00721 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS KYLER DAVID MERLE ET AL SHAWN HARRISON , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE KYLER DAVID MERLE DEFENDANT at 0019:42 HOURS, at 230 HERMAN AVE LEMOYNE, PA 17043 ELISABETH OVER (MOTHER) a true and attested copy of COMPLAINT NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 16th day of February , 2001 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.92 Affidavit .00 Surcharge 10.00 .00 37.92 Sworn and Subscribed to before me this ~ day of · 'Prothonotary · So Answers: R. Thomas Kline 02/20/2001 FEDERMANBy: & P~u~ SHERIFF'S CASE NO: 2001-00721 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS KYLER DAVID MERLE ET AL RETURN - REGULAR SHAWN HARRISON , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE KYLER LISA A DEFENDANT at 0020:19 HOURS, at 905 SCOTTISH COURT MECHANICSBURG, PA 17055 LISA KYLER a true and attested copy of COMPLAINT NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 16th day of February , 2001 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 6.20 Affidavit .00 Surcharge 10.00 .00 22.20 Sworn and Subscribed to before me this ~£~ day of ~/Prothonotary' So Answers: R. Thomas Kline 02/20/2001 FEDERMANBy: & FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff COUNTRYVClDE HOME LOANS, INC., F/FdA AMERICA'S WHOLESALE LENDER 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff VS. DAVID MERLE KYLER 230 HERMAN AVENUE LEMOYNE, PA 17043 LISA A. KYLER 905 SCOTTISH COURT MECHANICSBURG, PA 17055 Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO, 01-721CIVIL PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against DAVID MERLE KYLER and LISA A. KYLER, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 1/1/01-3/21/01 $86,140.11 $1~183.20 TOTAL $87,323.31 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~~RO~Y **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANy INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE pREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, Birr ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ATTORNEY FOR pLAINTIFF ~FEDERMAN AND PHEIJ~N, L.L.P- Frank Federman, Esql~ire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA;S WHOLESALE LENDER COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff DAVID MERLE KYLER LISA A. KYLER vs. CUMBERLAND COUNTY NO. O1-721CIVIL De fendant ( s ) TO: DAVID MERLE KYLER 230 HERMAN AVENUE LEMOYNE, PA 17043 FILE COPY DATE OF NOTiCE~ MARCH 9. 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN ANATTEMPT TO COLLECT TPE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORF~Ti0~TAiNED 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 ~ BE ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT~ LIEN AGAINST PROPERTY. AN IMPORTANT NOTICE You are in default because you have failed enter ;ritten appearance personally or by attorney and file in writi with the Court your defenses or objections to ~ah~ flraoimm tdaf~a notice, a Judgment may be entered a a/ns a.nd you may lose vo . g, t you witho ae . _ shoui~ ~-- ~,-. ~ ur property or otn~ ~ .... ut arln~ ~ ~r~= ~nlS notice ~ - ~ ~ ~,~,p~r~ant tic- Yo..- lawyer or cannot afford ~ ~ ~awyer at Once. If youhot ~ve one, go to or telephone the owing a office to find out where you can get legal help: C~?~ERLAND COUN~ BAR ASSOCIATION 2 L~B~RTy AVENUE CAi~sLE~ PA ~7013 (717) 249-3 ~66 Frank Feder~ Attorney fo~ iff ~FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC., F/K/AAMERICA;S WHOLESALE LENDER Plaintiff vs. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY DAVID MERLE KYLER LISA A. KYLER : NO. 01-721CIVIL Defendant TO: LISA A. KYLER 905 SCOTTISH COURT MECHANICSBURG, PA 17055 FILE DATE OF NOTICE: MARCH 9, 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelpl~m, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC., F/FdA AMERICA'S WHOLESALE LENDER Plaintiff VS. DAVID MERLE KYLER LISA A. KYLER Defendant(s) Attorney for Plaintiff CUMBERLAND COUNTY Court of Common Pleas CIVIL DIVISION NO. 01-721CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant DAVID MERLE KYLER is over 18 years of age and resides at 230 HERMAN AVENUE, LEMOYNE, PA 17043. (c) that defendant LISA A. KYLER is over 18 years of age, and resides at 905 SCOTTISH COURT, MECHANICSBURG, PA 17055, This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN Attorney for Plaintiff (Rule of Civil Procedure No. 236 - Revised) COUNTRYWIDE HOME LOANS, INC., FfK/A AMERICA'S WHOLESALE LENDER Plaintiff VS. DAVID MERLE KYLER LISA A. KYLER Defendant(s) CUMBERLAND COUNTY Court of Common Pleas CIVIL DIVISION NO. 01-721CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on MA CH .2000. By..iL~"~' ~. If you have any questions concerning this matter, please contact: DEPUTY FRANK FEDERMAN. ESQU1RE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 COUNTRYVODE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER Plaintiff, DAVID MERLE KYLER LISA A. KYLER Defendant(s). No. 01-721-CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/22/01 TO 9/5/01 (per diem - $14.35) TOTAL $87~323.31 $2~397.20 and Costs $89~720.51 FEDERMAN, ESQUIRE ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property.No. ALL THAT CERTAIN piece or parcel of land situate in the Tovnship SLiver Sp~£ng, County of Cumberland and State of Pennsylvania, bounded BEGINNING at a point in the center of the Hogesto~n Road; thence bt - nov or formerly o' Lloyd Ooner~ No~th 3~ degrees 45 minutes East~ ~060.95' and Elsie I. Kalev, his vile; thence along sa~d land of gilliam S. Kale¥ and Elsie Z. Kale¥, his vile, South 35 deg?ees 45 minutes West ?eat to a point in the center of the Hogesto~n Road; thence along the cen~er o? said Road Nor%h, 55 degrees Nest, 102.6~ feet %o a point in the cen~e~ a~ said Roam, the place of B~NINNG. CONT~N~NG 2.5 ac~es and Road, Hechanicsbur~, Peflnsylvlhieo .. · ~.~ ~arrette, ~er husband by Deed aa%ed du~y 16, Z~& and recorded in Cumberland County, in Deed Back A, ~alume 32~ge 615 conveyed un%a Sandy K. Rhoades. -%;"- '~ ~9,.I~$~S: Ll8 EOG~S~O~ L~OAD TAX PARCELL NO. 38-21-0289-017 C. OUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER Plaintiff, DAVID MERLE KYLER LISA A. KYLER CUMBERLAND COUNTY : COURT OF COMMON PLEAS : : CIVIL DIVISION : NO. 01-721-CIVIL Defendant(s). : AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praccip¢ for the Writ of Execution was filed the following information concerning the real property located at 118 HOGESTOWN ROAD, MECHANICSBURG, PA 17055. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) DAVID MERLE KYLER 230 HERMAN AVENUE LEMOYNE, PA 17055 LISA A. KYLER 905 SCOTTISH COURT MECHANICSBURG, PA 17055 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and 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 so indicate.) AMERICAN GENERAL 125 GATEWAY DRIVE, SUITE 109 FINANCE, INC. MECHANICSBURG, PA 17055 YELLOW BOOK MID- ATLANTIC AND RUEBEN H. DONNELY 1300 MORRIS DRIVE, SUITE 200 WAYNE, PA 19087 Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) DAUPHIN DEPOSIT BANK AND TRUST COMPANY P.O. BOX 4800 HARRISBURG, PA 17111 BANKER TRUST COMPANY OF CALIFORNIA, N.A. THREE PARK PLAZA IRVINE, CA 92614 UNITED COMPANIES LENDING P.O. BOX 1591 CORPORATION BATON ROUGE, LA 70321 C/O MARK UDREN 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 so indicate.) None 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 so indicate.) None Name and address of every other person 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 so indicate.) Tenant/Occupant 118 HOGESTOWN ROAD MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE FlY, ANK FEDERMAN, ESQUIRE ~.__ Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA'S YVHOLESALE LENDER Plaintiff, DAVID MERLE KYLER LISA A. KYLER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-721-CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant ( X ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. F:~A_NK FEDERMAN, ESQUIRE Attomey for Plaintiff COUNTI~YWIDE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER Plaintiff, DAVID MERLE KYLER LISA A. KYLER Defendant(s). TO: DAVID MERLE KYLER 230 HERMAN AVENUE LEMOYNE, PA 17055 LISA A. KYLER 905 SCOTTISH COURT MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 01-721-CIVIL May 1, 2001 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.* * Your house (real estate) at 118 HOGESTOWN ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER $, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the DECEMBER 5, 2001 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215~ 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE 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 price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT C£RTAIN piece or parcel of land situate in the $il¥tr Spring, County of CueDerland and State of PennsylYania, bounded' and described as follows: BEGZNHZNG at a paint in the center of the Hagestovn Road; thence b~ 'land nov or fo~eerlv of L~oyd Ooner, Worth 3~ degrees 45 linutis £ast~ degrees, ;erroneously set forth tn prior deed as &5 de~roes)~ East~ and ~Isie Z. Kalev, his wife; thence along sa~d land of Hilliae B. Kaloy and Elsie Z. Kalev, his wife, South 35 degrees 45 minutes Nest 10&0o75 feet %o a point in the center of the Hogestovn Road; thence along the center of said Road Nor%h, 55 degrees West, 102.65 feet to · Point in the center of said Roaa, t~e place of BEGZ~INNG. CONTAiNiNG 2,5 acres and haying theron erected a eabile~.~ole knorr ind..numbered as 118 Hogestovn ~oad, Hechanicsbueg, PennsYlvlflia. · Horrette, her husband by Deed aa~ea July l&, 1986 and recorded in Cumberland County, in Deed BGOK A, g~lule 32,'~e &iS conveyed un~o Sandy K. Rhoades. : .... ~]U~2~/SES: 118 EOCESTO~I TAX PAR. CELL NO. 38-21-0289-017 STATE OF PENNSYLVANIA, ~ COUNTY OF CUMBERLAND/ ss. Robert F Ziegler I, ............................................................................. R~corder of Deeds in and for said County and State do'hereby certify that the Sheriff's Deed in which ................ Federal National Mt~ ASsoc · ................................................................................... m the gran~ce the same having been sold to said grnntee on the ...... .~£.[L ..................................... day of .__.?.~ptemher .......................... A. D.,: 01 ,u ' ' · - .... nderand by v~rtueofa writ .............. Execution 10th ................................................ issued on the ..................................... dayof M.a.y. A D., -01 ................................ , out of the Court of Comman Pleas of said County a~ of Civil O1 .................................................................................. TelTu, ' . 721 Countrywide Home Loans Inc fka Americats Wholesale Lender Number .............. , at the suit of ............................................................... David Merle Kyler & Lisa A ................................... against .................................................... is 248 2584 duly recorded in Sheriff's Deed Book No ............. , Page ............. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _ _~__~___ __ day .................... A.D., Countrywide Home Loans, Inc., f/k/a America's Wholesale Lender VS David Merle Kyler Lisa A. Kyler In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-721 Civil Term Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states on May 23, 2001 at 8:26 o'clock P.M., EDST, she served a true copy of the Real Estate Writ, Notice and Description in the above entitled action upon one of the within named defendants, to wit: David Merle Kyler, by making known unto David Kyler at The Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania 17013, its contents and at the same time handing to him personally the said tree and attested copies of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states on May 24, 2001 at 2:58 o'clock P.M., EDST, he served a true copy of the Real Estate Writ, Notice and Description in the above entitled action upon one of the within named defendants, to wit: Lisa A.Kyler, by making known unto Lisa Kyler at 905 Scottish Court, Mechanicsburg, PA 17055, its contents and at the same time handing to her personally the said tree and attested copies of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states on July 2, 2001 at 2:05 o'clock P.M., EDST, he posted a copy of the Real Estate Writ, Notice, Poster and Description upon the property of David Mede Kyler and Lisa A. Kyler located at 118 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a pendency of the action by regular mail, to one of the within named defendants, to wit: David Merle Kyler, at his last known address of The Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17013. This letter was mailed under the date of July 05, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action by regular mall, to one of the within named defendants, to wit: Lisa A. Kyler, at her last known address of 905 Scottish Court, Mechanicsburg, PA 17055. This letter was mailed under the date of July 05, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on September 5, 2001 at 10:00 A.M., E.D.S.T., and sold the same for the sum of $1.00 to Attorney Frank Federman for Federal National Mortgage Association. It being highest bid and best price received for the same, Federal National Mortgage Association of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $727.11, it being costs, Sheriff's Costs: Docketing 30.00 Poundage 14.26 Posting Handbills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 15.15 Certified Mail 1.70 Levy 15.00 Surcharge 30.00 Law Journal 265.40 Patriot News 206.94 Share of Bills 25.66 Distribution of Proceeds 25.00 Sheriff's Deed 26.50 $727.11 Sworn and Subscribed to Before Me This 3,.,/ Day of OJe.~L~ 2001,A.D. Q~ 74cc/,~,~.Z~a~ l~rdthonotary -- R. Thomas Kline, Sheriff Real Estate Deputy ~ i)'7,~1 COUNTRYWIDE HOME LOANS, INC., F/K/A Ac..~M~RICA'S WHOLESALE LENDER Plaintiff, DAVID MERLE KYLER LISA A. KYLER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-721-CIVIL AFFIDAVIT PURSUANT TO RULE 3 129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC., F/KJA AMERICA'S WHOLESALE LENDER, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 118 HOGESTOWN ROAD, MECHANICSBURG, PA 17055. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) DAVID MERLE KYLER 230 HERMAN AVENUE LEMOYNE, PA 17055 LISA A. KYLER 905 SCOTTISH COURT MECHANICSBURG, PA 17055 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and 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 so indicate.) AMERICAN GENERAL 125 GATEWAY DRIVE, SUITE 109 FINANCE, INC. MECHANICSBURG, PA 17055 YELLOW BOOK MID- ATLANTIC AND RUEBEN H. DONNELY 1300 MORRIS DRIVE, SUITE 200 WAYNE, PA 19087 ,~, [Y~(~ I~i,2ool the snentt lev~ upon [ne interest in the real property situated in ~-~z.~%g4. ~..~p~c~.-/*'~,~ ~umberlald County, Pa., known and numbered as: 1 / ~' /"//zc~n/[-~ and more fully described on F. xfllflit "ATM filed wtth ~ writ alKI by thls reference ll~corporated herein, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was primed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 20, 27, AUGUST 3, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general cimulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. RILM, ESTATE SAL~ NO. 14 Writ No. 2001-721 Civil Countrywide Home Loans, Inc.. f/k/a America's Wholesale Lender VS. David Merle Kyler and Lis~ A~ Kyler Atty.: Frank Federman ALL THAT CERTAIN piece or parcel of land situate in the Town~ ship of Silver Spt-hag, Comity of Cum~ her/and and State of Penn~lvanla. bounded and described as follows: BEGINNING at a point in the cen- tre- of the Hogestown Road: thence by land now or formerly of Lloyd Doner. North 35 degrees 45 min- utes East. 1060.95 feet to a pin on line of land now or formerly of said Ward. South 55 degrees. (errone- ously set forth in prior deed as 65 degreesl, East. 102.65 feet to a pin tn comer of lot now or formerly of SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST, 2001 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 8t2 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 8t2 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 24th and 31st day(s) of July and the 7th day(s) of August 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Mi?cellaneous Book "M", Volume 14, Page 317. PUBLICATION ~-/ COPY Sworn to and su~l~J~e~lst ~"~'c~/~ 2001 .................................. "" ......................... ' .................. A.D. S A L E #14 / 'Member, Pennsytv~a .~ocaa)n ~ Ne~ad~ NOff'ARY PUBLIC My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 cir( Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 205.44 $ 1.50 $ 206.94 Iblisher's Receipt for Advertising Cost t)lisher of The Patriot-News and The Sundav Patriot-News, newspapers of general ceipt of the aforesaid notice and publication costs and certifies that the same have FEDERMANAND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 COUNTRYWIDE HCH4E LOANS, INC., F/K/A AMERICA~S WHOLESALE T.~DER vs. DAVID MERLE KYLER LISA A. KYLER ATTORNEY FOR PLAINTIFF CUMBEP~LAND COUNTY COURT OF CO~{ON PLEAS CIVIL DIVISION NO. 01-721-CIVIL PHAECIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY: Kindly enter a Rule upon DAVID MERLE KYLER & LISA A. KYLER, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. Daniel G. Schl re Attorney for Plaintiff FEDEI~4AN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER : CUMBERLAND COUNTY : COURT OF CO~4ON PLEAS vs. : CIVIL DIVISION DAVID MERLE KYLER LISA A. KYLER : NO. 01-721-CIVIL RULE entered upon DAVID MERLE KYLER & LISA A. KYLER, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE t%~= day of - . FEDEP~a-NAND PHEI~ by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 COUNTRI~WIDE Hf~4E LOANS, INC., F/K/A AMERICA'S ~'HOLES~T~ LENDER vs. DAVID MEP~LE KYLER LISA A. KYLER ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COL~RT OF COb~4ON PLF2%S CIVIL DIVISION NO. 01-721-CIVIL ORDER AND NOW, this day of Prothonotary is ORDERED to reassess the damages in this case as follows: the Principal Balance Interest Amount 9/1/99 through 9/5/01 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit TOTAL 73,222.18 10,859.44 648.96 3,661.00 1,462.50 0.00 589.50 0.00 0.00 2,155.67 $92,599.25 Plus interest per diem from 9/5/01 through Date of Sale at six NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: (6%) percent. FEDERMANAND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 COUNTRYWIDE HC~4E LOANS, INC., F/K/AAMERICA'S WHOLESALE LENDER vs. DAVID MERLE KYLER LISA A. KYLER ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF CO~ON PLEAS CIVIL DIVISION NO. 01-721-CIVIL PLAINTIFF'S PETITION FOR P~ZASSESSMENT OF DAMAGES Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. This is an action in Mortgage Foreclosure in which Judgment was entered by default dated on MARCH 22, 2001 in the amount of $87,323.31. 2. A Sheriff's Sale of the mortgaged premises was postponed or stayed for the following reasons: The Defendant(s) filed a Chapter 13 Bankruptcy (%l- 00-00746RJW1} filed on FEBRUARY 24, 2000. Plaintiff obtained relief from the automatic stay by Order of Court dated NOVEMBER 15, 2000. 3. The mortgaged premises are listed for Sheriff's Sale on SEPTEMBER 5, 2001. 4. Additional sums have been incurred or expended on Defendant(s)' behalf during the time the sale was postponed or stayed, and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount 9/1/99 through 9/5/01 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 73,222.18 10,859.44 648.96 3,661.00 1,462.50 0.00 589.50 0.00 0.00 2,155.67 TOTAL $92,599.25 5. Under the terms of the mortgage, Plaintiff is entitled to inclusion of the figures set forth in paragraph four in the amount of judgment against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. Daniel G. Schmieg, ESQUIRE Attorney for Plaintiff -2- FEDERMANAND PHEL.~N by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC., F/K/AAMERICATSWHOLESALE LENDER vs. DAVID MERLE KYLER LISA A. KYLER ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF CO~R~ON PLEAS CIVIL DIVISION NO. 01-721-CIVIL BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Plaintiff and Defendant(s) Agreement, wherein Defendant(s) entered into a Promissory Note agreed to pay Plaintiff principal, and Mortgage interest, mortgage Note was Agreement late charges, real estate taxes, hazard insurance premiums and insurance premiums as said monies became due. In turn, Plaintiff's secured by a mortgage on the subject premises. The Mortgage indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub 'u~cia, Defendant(s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant(s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARGUMENT FOR REASSESS~ENT OF DAMAGES The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, ~tephenson v. Butts, 187 Pa. Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa. Super 1988). In Chase Home Mortuaqe, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "...could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement..." Id__. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Realitv Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff damages, and submits that if Plaintiff went to sale without reassessing if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant/s) as it imputes no personal liability, The Supreme Court of Pennsylvania found in the Landau v. Western Pa, Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 2B2 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939}. Therefore, Plaintiff respectfully submits that if the enforcement of rights are delayed by legal proceedings and enforcement of its judgment, such delays require the mortgagee to expend additional sums pursuant to its and the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 19B6, No. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. ~REFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages, FEDERMAN~AND PMELAN~ ~ DANIEL G. SC~EG, ESQUIRE JOSEPH JEFFERSON' and. ROSiE JEFFF--RSON, hie wife COU.RT OF COMMON ~LEAS PM!LADELPHZA CO.U ~TY O~D~R AND OPINION u~on conside~atio~ of ~!n~iff, Feder~l N~t~onai ~or~gage ~sOciaUlon's Petition for Reconsideration ~]unc Pro Tunc cf Court's Order of November 7, 1985 an~ =he Answer th~:ruto of Defehdants, Joseph Jef.=ersen and Rosie Jefferson, it is hereby'OR.DEP~D and DEU,~EED as' fol lo~s: 1) ~..~P~-~r~:s Order ~f Nove~er 7, I985 R~V~RS'ED and ~ ~aintifff ~ 8o~io~.for R'ea~ses~men~f Presages Because P!~intiff wes r~g~'ired to ac::ept curr~nt mortgage payments upo~ the fi. lin9 of.Defendants' bankruptcy ~etitlo'n and in fact did so, it is necessary to r,~assess nhe a~ount of ~amag~s ~hat lni~iai!y were assessed a~er judgment by defaul~ was entered in %his action.. Because Defendants have no~ refuted the specific amounts claimed - 1 - pursuant to Pa. R.C.P. THOMA~ A. WHIT~-, J'. VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE: August 13, 2001 Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDE~2%NAND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 COUNTRYWIDE HO~E LOANS, INC., F/K/AAMERICA'SWHOLESALE LENDER vs. DAVID ME~T~ KYLER LISA A. KYLER ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF CO~4ON CIVIL DIVISION NO. 01-721-CIVIL AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on Auqust 13, 2001. DAVID 14E~tLE K~LER 230 ~q~Rk~%N AVENUE LEM~YlqE, PA 17055 LISA A. K%ULER 905 SCOTTISH COURT MECHANICSBURG, PA 17055 DATE: August 13, 2001 Attorney for Plaintiff ~NTITY ~AP '/END{)]< Prothy of Cumberland cusr~ky {PcUFdS. 150492 135994 08/14/01 4186622 LONG, T 8,/] {/20(,1 I[50492 FEDERMAN & PHELAN ATTORNEY ESCROW ACCOUNT ONE PENN CENTER, SUITE 1400 9.00 Pay FEDERMAN & PHELAN COMMF:RCEBANK 3-180/360 CHECK NO ATTORNEY ESCROW ACCOUNT PHILADELPHIA. PA 1S148 1 5 0 4 9 2 ONE PENN CENTER, SUITE 1400 NINE AND 00/10O DOLLARS DATE 8/14/2001 AMOUNT 00 Voidaffer90da~ To The Order Of Prothy of Cumberland County Cuzmberland County Courthouse One Courthouse Square Carlisle, PA 17013 AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER COUNTY: CUMBERLAND No.01-721-CIVIL DEFENDANT(S) DAVID MERLE KYLER LISA A. KYLER Type of Action - Notice of Sheriff's Sale SERVE DAVID MERLE KYLER AT 230 HERMAN AVENUE LEMOYNE, PA 17055 Sale Date: SEPTEMBER 5, 2001 SERVED Served and made known to 40~ h"/za [./P0 ~Uc~F- of Pennsylvania, in the manner described below: , Defendant, on the / ~ //x day of '~z~ ,200~, Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is ~ ~ Adult in charge of Defendant(s)*s residence who refused to give name or relationship. Manager/Clerk of place &lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ~ f- ~' Height ~.t/'_~.g,~.eighto~,r 2 ao Race ud Sex /:2 Other I,)QO.~{aiio, t%[ ~.t~({~(.¢r~b] , a competent adult, being duly sworn accord/ng to law, depose and state that I personally tlanded a true and correct copy of the ~qotice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before ~me this 2~/5/'day of f ~ " NOT SER~D On the day of ,200__, at _ o'clock __.m., Defendant NOT FOUND because: __ Moved __ Unknown__ NoAnswer Vacant Other: Sworn to and subscribed betbre me this day of ,200 _. Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER COUNTY: CUMBERLAND No.01-721-CIVIL DEFENDANT(S) DAVID MERLE KYLER LISA A. KYLER Type of Action - Notice of Sheriff's Sale SERVE LISA A. KYLER AT 905 SCOTTISH COURT MECHANICSBURG, PA 17055 Sale Date: SEPTEMBER 5, 2001 SERVED Served and made known to :/~ct..: /~'~'/---- ,Defendant, on the / ~ of Pennsylvania, in the manner described below: C~.Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age~./'~'~ Height ~-/~-O/'vVeight f/g) f.~4/ Race ~ Sex ;'3~ Other day of .~7'?~ , 200~_, /~k.. , Commonwealth the address indicated above? Sworn to and subscribed before me this ~ /SPday On the day of ,200__, at __ o'clock __.m., Defendant NOT FOUND because: __ Moved Unknown No Answer Vacant Other: Sworn to and subscribed before me this __ day of ,200 _. Notary-: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 SALE DATE: SEPTEMBER 5, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER No.: 01-721-CIVIL VS. DAVID MERLE KYLER LISA A. KYLER AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 118 HOGESTOWN ROAD, MECHANICSBURG, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. August 28, 2001 COUNTRYWIDE HOME LOANS, INC., F/K/A AxMERICA'S WHOLESALE LENDER Plaintiff, DAVID MERLE KYLER LISA A. KYLER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 01-721-CIVIL Defendant(s). : AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC., F/K/A AMERICA'S WHOLESALE LENDER, Plaintiff in the above action, by its attomey, FRANK FEDERMAN, ESQU12O,.E, sSts forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 118 HOGESTOWN ROAD, MECHANICSBURG, PA 17055. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) DAVID MERLE KYLER 230 HERMAN AVENUE LEMOYNE, PA 17055 LISA A. KYLER 905 SCOTTISH COURT MECHANICSBURG, PA 17055 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and 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 so indicate.) AMERICAN GENERAL 125 GATEWAY DRIVE, SUITE 109 FINANCE, INC. MECHANICSBURG, PA 17055 YELLOW BOOK MID- ATLANTIC Aa'ND RUEBEN H. DONNELY 1300 MORRIS DRIVE, SUITE 200 WAYNE, PA 19087 DATE: May 1, 2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) DAVID MERLE KYLER LISA A. KYLER PROPERTY: 118 HOGESTOWN ROAD MECHANICSBURG, PA 17055 Improvements: Residential Property The above-captioned property is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2001, at 10:00 a.m. in Cumberland County Courthouse, South Hanover Street, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriffon a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH