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HomeMy WebLinkAbout01-1248GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. : IN THE COURT OF COMMON PLEAS 7105 Corporate Drive : PTX B-35 : OF CUMBERLAND COUNTY Plano, TX 75024-3632 : Plaintiff : CIVIL ACTION - LAW vs. :ACTION OF MORTGAGE FORECLOSURE Term ~ DONALD M. ROBINDER D~ND : (Mortgagor(s) and Real Owner(s) ) : 253 Bullshead Road : OtV[t ACTION: MORT~AG~ Newville, PA 17241 : Defendant (s) : ~Um=~H-- THIS LAW FIP. M IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE YOU have been sued in court. If you wish to defen~ against the claims set forth in the following pages, yo%l must take action within twenty (20) days after the 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 LAW~R OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OL~ WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar AssociaDion 2 Liberty Avenue, Carlisle, PA (800) 990 9108 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243 9400 AVI S 0 LE ~ DEMA~DADO A USTED EN ~ CORTE. SI DBSBA DEFENDERSE CONTRA L~S QUEJAS PEHEEEb~fl~DAS, ES ABSOLUT~MENTE NECESSARIO QUE USTED REEPONDA DENTR0 DE 20 DIAS DEEPUES DE SER SERVIDO CON ESTA DEMA~A Y AVISO. PARA DEFENDERSB ES NECE$SARIO QUE USTED. 0 EU ABOGADO. REGISTRE CON LA CORTE RN FORMA ESCRITA. EL PUNTO DE VISTA DE USTED Y CUALQ~IER OBJECCION CONTRA ~$ QUEJAE EN ESTA DRMANDA. RECURRDE: Si UETED NO REPONDE A KSTA DEMANDA, SE PURDE EROSEGUIR CON BL RROCBSO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTB ¥ HEQUEBIRA QUE HSTBD CUMPLA CON TODAS ~S PROVISIONES DE ESTA DEMANDA. POR P~AZON DE ESA DECISION, ES POSSIBLE QUE HSTED PUEDA PERDER DIN~RO, PROPIEDAD COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is COUNTRYWIDE HOME LO~NS INC., 7105 Corporate Drive, PTX B-35, Plano, TX 75024-3632. 2. The name(s) and address(es) of the Defendant(s) is/are DONALD M. ROBINDER, 253 Bullshead Road, Newville, PA 17241 and MARTHA H. ROBINDER, 253 Bullshead Road, New~ille, PA 17241, who is/are the mortgagor(s) and real owner(s) of the mortgaged property hereinafter described. 3. On November 23, 1998, mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to INVESTAID CORP., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1503, Page 830. By Assignment of Mortgage dated November 23, 1998, the mortgage was assigned to Plaintiff, which Assignment is recorded in Assignment of Mortgage Book No. 596, Page 940. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 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 October 1, 2000, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such palrments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $ 68,428.25 Interest from 9/ 1/00 through 2/28/01 at 6.500% 2,194.20 Per diem interest rate at $12.19 Attorney's Fee at 5% of Principal Balance 3,421.41 Late Charges 10/ 1/00- 2/28/01 133.65 Monthly late charge amount at $26.73 Costs of suit and Title Search 560.00 $ 74,737.51 Escrow Balance Monthly Escrow amount $ $ -74,737.51 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face to face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure the sum of $74,737.51, together with interest at the rate of $12.19, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: ~~ ~~/~' ? GC~DBECKOMcCAFFERTY & McKEEVER BY~ Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff VERIFICATION I, , as the representaEive of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. L~al Deserintion: Al,l[, that certain tract ofinnd in North New, on Township, Cumberland CounW, Commonwealth of Pennsylvaula, more particularly bounded and described as follows: BEGI~NNI~G at a point, a corner posts, at lands now or formerly of John Hostetter; thence by lands now or fo~'merly of John Hectetter, North 37 degrees 59 minutes 51 seconds West 203.56 feet to a corner post; thence by same South 54 degrees 05 minutes 55 seconds West 142.02 feet to a corner post; thence by same North 36 degrees 35 minutes 56 seconds West 211.27 feet to a corner post; thence by same North 48 degrees 23 minutes 30 seconds East 316~31 feet to a corner post; thence by same South 39 degrees 43 minutes 39 eeeonds East 267.17 feet to a corner post at the edge of an existing lane; thence by same South 46 de~rees 30 minotes 26 seconds West 99.00 feet to an iron pin; thence by same South 36 degrees 06 minutes 06 seconds East 1730.2~ feet to a post; thence by same South ~8 degrees 45 minutes 55 seconds West 83.28 feet to a curve post, the place of BEGINNING. CONSISTING of 2.156 acres, more or less. PO Box 10221 VanNuys. CA 91410-0221 VanNuy$. CA 914'I0-0219 CerlJfied Mail No. December 1,2000 Return Receipt Requested Donald M Robinder EXHIBIT A Regular Mail 253 Bulishead Road Newville, PA 17241-0000 Countrywide Loan # 4116736 Property Address: 253 Bullshead Road 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. Countrywide Home Loans, Inc. (hereinafter "Countq/wide') se~ices your home loan. Your home loan is i~ serious default because you have not made your required payments. The total amount now ~equired to reinstate your loan as of the date of this letter is as follows: Monthly Payments: 10/01/2000 ~ 11130/2000 ~) $534 58 $1.06g 16 Late Charges: 10/01/2000-11/30/2000 @ $2673 $53.46 Other Char~es: Uncollected Late Charges: $26.73 TOTAL DUE: $1,149.35 You may cure this default within THIRTY-FIVE (36) DAYS of the date of this letter, by paying to us the above amount of $1,146.35, plus any additional monthly payments, late charges, fees and other applicable charges wfach may fall due dudng this period. Such payment must be in the form of certified check, cashier's check or money ~rder, and made payable to Count~/wide at P.O. Box 10221, Van Nuys, CA 91410q3221. If your check or other payment is returned to us for insufficient funds or for any other reason, you will not have cured your default. No extension of time to cure will be g~anted due to a returned payment. If you do not cure this default within THIRTY-FIVE (35) DAYS, we will accelerate the payments due on your home loan. This means whatever is owing on the odginal amount borrowed will be considered due immediately and you may lose the chance to pay off your home loan in monthly installments. If the full payment of the amount of default is not made wffi3in THIRTY-FIVE (35) DAYS, we a~so intend to immediately start a lawsuit to foreclose on your mortgaged property. YOU 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 Assistance program may be able to help you. Read the following notice to find out how the program works. La noftficacion en adjunto es de surna irnportancia, pues afecta su derecho a confinuar vivielldo en su casa. Si 4116736-2 ~ ~h,~ R,~a $1,149.35 AS OF 12/01/2000 P.O. Box 10219 Van Nuys, CA 91410-0219 II,l.,,,ll,hJ.,lllh,.Ih,,,J,l.,llhl..,lll,h.,ll,I 41 16736200011493501 14935 HUD-Approved Counseling Agencies - Pennsylvania If you attend a face*to-face meeting with tfas lender, or w~th a consumer credd counseling agency identified in,this notice, no further proceeding in mortgage foreclosure may take pisce for thirty (30) days after the date of this meeting. The name, address and telephone number of our representative is: COUNTRYWIDE, 64~1 Legacy Drive, Piano, Texas 72567, Telephone Number: 1~00~69~654, Extension 756~. The names and addresses of designated consumer credit counseling agencies are shovm on the attached sheet. It is only necessary to schedule one face-ts-face meeting. You should advise Count~de of your intentions immediately. If you have tried and are unable to resolve ~ problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Apptication with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency wi§ assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked within thirly (30) days of your face-to-face meeting. Available fands for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing F~nance Agency has ~xty (60) days to make a decision after it receives your application. Dudng that ad~tional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on you~ application. The Pennsylvania Housing Fleance Agency is located at 2101 North Front Street, Post Office Box 8029, Hanisburg, Pennsylvania 17105. Telephone No. 1-717-780-3800 or 1~00-342-2397 (toll free number). Persons with impaired hearing can call 1~800-342-2397. If the mortgage is foreclosed, your mortgaged property v~ll be sold by the Sheriff to pay off the mortgage debt. tt you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started ageinst you, you wi# have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure this default within the thirb/-five day pedod, you wi# not be required to pay the attorneys fees. YOU HAVE THE 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. December 1,2000 Return Receipt Requested Regular Mail Martha H Robinder 253 Bulichead Road Newvilie, PA 17241-0000 Countrywide Loan # 4116736 Property Address: 253 Bulishead Road Newvilie, PA 17241-0000 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. Count~peide Home Loans, Inc. (hereinafter "Countrywide"} services you~ home loan. Your home loan is in seheus default because you have not made your required payments. The total amount now required to reirlstate your loan as of the date of this ~etter is as follows: Monthlv Payments: 10/01/2000-11/30/2008 @ $53458 $1,069.16 Late Charqes: 10/01/2000-11130/2000 @ $2673 $53.46 Other Charges: Iflncoliected Late Charges: $2673 TOTAL DUE: $1,149.35 You may cure this default within THIRTY-FIVE (35I DAYS of the date of this letter, by paying to us the above amount of $1,149.35, plus any additional monthly payments, late charges, fees and other applicable charges which may fall due during this period. Such payment mu~t be ill the form of certified check, cashier's check or money order, and made payable to Counb3n~de at P.O. Box 10221, Van Nuys, CA 91410-0221. If yom' check or other payment is returned to us for insufficient funds or for any other reason, you will not have cured your default. No extension of fime to cure will be granted due to a returned payment. If you do not cure this default within THIRTY-FIVE (35) DAYS, we will aCcelerate the payments due on your home loan. This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off your home Ioall in monthly installments. If the full payment of the amount o1 default is not made within THIRTY-FIVE (35I DAYS, we also intend to immediately start a tawsuit to foreclose on your mortgaged property. YOU MAY BE EUGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. The Commonwealth of Penllsylvania's Homeowner's Eme~ency Mortgage Assistance pro, ram may be able to help you. Read the following notice to find out how the program works. La notificacion en adjunto es de suma importancia, pues afecta su dead. ho a co~inuar viviendo en su casa. Si no compreflde el conte~ido de esta notificacion obtemja una traducclen famediutamente Ilarnando a esta age~tcia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Usted puede ser elegibfa para un prestamo del programa Ilamado 'Homeowner's Emergency Moltgage Assistance program' el cua! puede salvar su casa de la perdida del de,echo a redimir su hipoteca. You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply wi~ the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary ass/stance if your default has been caused by circ~Jmstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania HoUSing Finance Agency. Please read ali of this Notice It coatains an explanation of your rights. Under the Act1 you are entitled to a temporary stay of foreclosure on your mortgage for thirt~ (30) days trom the date of this Notice. Dudng that time you must arrange and attend a "face-to-face' meeting with a representafive of this lender, or with a dss/gnated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to othew~ise settle your delinquency. This meeting must occur in the next thirty {30) days. 4116736-2 253 ~,=~.d ~o~ $1,149.35 AS OF 12/01/2000 P.O. Box 10219 Van Nuys, CA 91410-0219 II,l,,.,,fl,l.l,.lllh,,Ih.,,hl,.,lll,l.,.llhl.,,Ihl 411673620001149350114935 HUD-Approved Counseling Agencies - Pennsylvania f you attend a face-to-face meeting wfth tfas lender, or with a consumer c~edit counseling agency ~denflfied n th s notice, no farther proceeding in mortgage foreclosure may fake place for thirty (30) days after the date of thin meeting. The name, address and telephone number of our represehtafive is: COUNTRYWIDE, 6400 Legacy Drive, Piano, Texas 72567, Telephone Number:. 1-800-669-6664, Extension 7fi56. The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet, ti is only necessar/to schedule one face-to-face meeting. You should advise Countrywide of your intentions immediately. If you have tried and are unable to resolve thin problem at or after you~ face-th-face meeting, you have Ute right to apply for financial assisfance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do thin, you m~st fill out, sign and file a completed Homeow~em' Emergency Assistance ,~oplicagon ~ one of the designated consumer credit counseling agencies listed on the aftachrnent. An application for escistance rnay only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your applicagou and wilJ submit your completed appflcafion to the Pennsyivadia Houeleg Finance Agency. Your application must be filed o~ postmarked within thirty (30) days of your face-te-face meeting. Available funds for emergency mortgage assistance are very limited. They will be disbersnd by the Agency under the eligibility criteria established by the Act It is ex~'emely imporfa~t that you file your application promptly. If you do not do se, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home irnmediately. It is extremely important that your application in accurate and complete in every respect. The Pennsylvania Housing F*mance Agency has sixty (60) days to make a decision after it receives your application. During fllat additional time, no foreclosure proceedings wi# be pursued against you g you have met the time requirements set forth above. You will be notified directS/by that Agency of ~ts decision on your app~afion. The Pennsylvania Housing Finance Agency in located at 2101 North Front Sb-eet, Post Office Box 8029, Harrisburg, Pennsylvania 17105. Telephone No. 1-717~78C~3800 or 1-800-342-2397 (fa# free number). Persons ~ impelled hearing can call 1-800-342-2397. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If you cure the default before we beg~n legal proceedings against you, you will s~li have to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50,00. Any attorney's fees will be added to whatever you owe ~s, which may also include our reasonable costs. If you cure this defadit within the thirty*five day period, you wfli not be reqel~ed to pay the attorney's fees. YOU HAVE THE 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 RAVE TO ACCELERATION AND FORECLOSURE. SHERIFF'S RETURN - NOT SERVED CASE NO: 2001-01248 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUHBERLAND COUNTRYWIDE HOME LOANS INC VS ROBINDER DONALD M ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEPENDANT to wit: ROBINDER MARTHA H but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE NOT SERVED , as to the within named DEFENDANT , ROBINDER MARTHA H DEFENDANT IS DECEASED. Sheriff's Costs: So answers: ~ ~ Docketing 6.00 ~f/ NOT SE RVED RETURN 5.C, 0 ~~~ Affidavit .00 . Surcharge 10.00 SHERIFF OF CUMBERLAND COUNTY .00 'IF. 0U~--GOLDBECK, HCCAFFERTY, MCKEEVER 03/12/2001 Sworn and subscribed to before me this 2~ ~ day of ~/b~-J--~ ~2z~3 i A.D. ProthOnotary ' SHERIFF'S RETURN - REGULAR CASE NO: 2001-01248 P COMMONWEALTH OF PENNSYLV/~NIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS ROBINDER DONALD M ET AL DAWN L KELL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvani&, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROBINDER DONALD M the DEFENDANT , at 0014:29 HOURS, on the 9th day of March ~ 2001 at 253 BULLSHEAD ROAD NEWVILLE, PA 17241 by handing to DONALD M. ROBINDER a true and attested copy of COMPLAINT - MORT PORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Service 8 68 "-"~~'~..~,~= ~ Affidavit 00 Surcharge 10 00 R. Thomas Kline 00 36 ~8 03/12/2001 GOLDBECK, MCCAFFERTY, MCKEEVER Sworn and Subscribed to before By: ~~. ~ me this 2~; ~ day of Deputy Sheriff ~othonotary ' GOLDBECK McCAFFERTY & MCKEEVER ~'REBYCERTIFYTHATTHIS BY: Joseph A. soldbeck, Jr. 18 ATRUE AND CORRECT COPY At t orney I.D. # 16132 OF THE ORIGINAL FILED Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. : IN THE COURT OF COMMON PLEAS 7105 Corporate Drive : PTX B-35 : OF CUMBERLAND COUNTY Plans, TX 75024-3632 : Plaintiff : CIVIL ACTION - LAW : vs. :ACTION OF MORTGAGE FORECLOSURE DONALD M. ROBINDER /LND : Term MARTHA H. ROBINDER : NO.O~--/,,~ C,O'~ L~7--~ (Mortgagor(s) and Real Owner(s)) : 253 Bullshead Road : ~%V%L ACTiOn4; MORTGAGE Newville, PA 17241 : Defendant (s) : l-t;,=~, ,-- THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the Co~mplaint 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 againsc you. You are waIned 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 ,~ne¥ or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT ~AUR A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORT~ BELOW TO FIND OUT W~ERE YOU CAN GET LEGAL HELP. Cumberland County Bar ASSOCiation 2 Liberty Avenue, Carlisle, PA /800) 990-9108 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 AVISQ LE FIAN DE~AbTDADO A USTED EN L~ CORTE. SI DESE~ DEFENDERSE COA~fP, A I~S QUEJAS PEREEEN~ADAS, ES ABSOLUTAMENTE NECESS~JEIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DR SER SERVIDO CON ESTA DEMANDA y AVISO. PkRA DEFENDERSE ES NECESSARIO QUE USTED, 0 SUABOG~JDO, REGISTRE CON LA CORTE EN FOP34AEECRITA, EL PUNTS DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DF24ANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROS~GUIR CON EL PROCESS SIN SU PARTICIFACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMA~ANTE Y REQURRIRAQURUSTEDC~3MPLACONTODAS L~S PROVISIONES DE ESTA DESk, NbA. PORRAZON DE ESA DECISION, ER POSSIBLE QUE USeD PURDA PERDER DINERS, PROPIEDAD U OTROS DERECROS IMPORT~TES. LLEVE ESTA DEMJ~NDA A UN A~ADO I~94EDIATAMENTE. SI NO CONOCE A UN~OGILDO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215 238 6300. ~oo) ~s-~o~ Iff T~Y,atmm~, I bel'e ume set my Im~ ~ ~,~EFiEBY CERTIFY THAT THIS IS ATRUE AND CORRECT COPY COMPLAINT IN MORTGAGE FOREOLOS~.THE ORIGINAL FILED 1. Plaintiff is COUNTRYWIDE HOME LOANS INC., 7105 Corporate Drive, PTX B-35, Plano, TX 75024-3632. 2. The name(s) and address(es) of the Defendant(s) is/are DONALD M. ROBINDER, 253 Bullshead Road, Newville, PA 17241 and M3~RTHA H. ROBINDER, 253 Bullshead Road, Newville, PA 17241, who is/are the mortgagor(s) and real owner(s) of the mortgaged property hereinafter described. 3. On November 23, 1998, mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to INVESTAID CORP., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1503, Page 830. By Assignment of Mortgage dated November 23, 1998, the mortgage was assigned to Plaintiff, which Assignment is recorded in Assignment of Mortgage Book No. 596, Page 940. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 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 October 1, 2000, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $ 68,428.25 Interest from 9/ 1/00 through 2/28/01 at 6.500% 2,194.20 Per diem interest rate at $12.19 Attorney's Fee at 5% of Principal Balance 3,421.41 Late Charges 10/ 1/00- 2/28/01 133.65 Monthly late charge amount at $26.73 Costs of suit and Title Search 560.00 $ 74,737.51 Escrow Balance Monthly Escrow amount $ $ 74,737.51 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A".. The Defendant(s) has/have not had the required face to face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant (s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure the sum of $74,737.51, together with interest at the rate of $12.19, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. ~A~ By: ~ ~ Mc~EVER BY~ Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff VERIFICATION I, , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: J///O/ Leanl DeSCription: Al~!. that certain tract of land in North Newton Township, Cumberland Counly, CommonWealth of Pennsylvan~ more particularly bonded and described as follows: BEGI~NI~qG at° point, a corner posts, at lands now or formerly of John Heetetter; thence by lands now or fo.rmerly of John Hectettor, North 37 degrees 39 minn~s S1 seconds West 203.S6 feet to 8 corner post; thence by see South S4 degrees OS minutes SS seCOnds West 142.02 feet to a corner post; thence by same North 36 degrees 35 minutes S6 Seconds West 211.27 feet to a corner post; thence by same North 48 degrees 23 mlnu~s 30 seconds East 316.31 feet to a corner POSt; thanee by same South 39 degrees 43 ~inutes 39 seconds East 267.17 feet to a corner post at the edge of an existing lane; thence by same Sooth 46 degrees 30 minUtes 26 Seconds '*Vest 99.00 feet to an iron pin; thence by same South 36 degrees 06 minUtes 06 seconds East 1730.25 feet too post; thenee by same South ~8 degrees 45 ml*~utes 55 seConds West 83.28 feet to a curve post, the place of BEGINNING. CONSISTING of 2.156 acres, more or less. P.O Box 10221 Van Nuys, CA 91410-0221 Send payments to: P.O. Box 10219 Van Nuys, CA 91410-0210 Cellffied Mail No. December 1, 2000 Refum Receipt Requested Donald M Robinder ExHIBiT A Reguiar Mall 253 Builshead Road Newville, PA 17241~)000 Countxywide Loan # 4116736 Propan'y Add~ess: 253 Bullohead Road Newville, PA 17241~)000 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. Counbywide Home Loans, Inc. (herefaattef 'Cou~de') se~ices you~ home loan. Your home loan is i~ serious default because you have not made your required payments. The total amount now required to leinstete your loan as of the date of ~ letter is as follows: Monthly Payments: 10/01/2000 - 11/30/2000 (~ $534.58 $1,0~9.16 Lat. e Cl~arqes: 10/01/2000 - 11/30/2000 @ $26.73 $53~46 Otiler (~ha~qes: Uncollected Late Charges: $26.73 TOTAL DUE: $1,149.3.5 YOU may cu~e this deteult within THIRTY-FIVE (35) DAYS of the date of this letter, by paying to us the above amount of $1,149.35, plus any addi~onal mon~ payments, late charges, fees and other applicable charges wflinh may fall due during this period. Such payment must be in the fo~rn of cer~ed check, cashier's check (~ money order, and made payable to Count~vide at P.O. Box 10221, Van Nuys, CA 91410~0221. If your check or other payment is retemed to us for insufficient funds or for any other reason, you will not have cured you~ default. No extension of ltme to cure will be g~-anted due to a retsmed payment. If you do not cure this default wi~in THIRTY-FIVE (35) DAYS, we v~l accelerate the payments dee on your hame loan. Th~ means whatever is owing on the original amount borrowed wi~ be considered due immediately and you may lose the chance to pay off you~ home loan in monthly lostelirnents, If the full payment of the amount of default is not made within THIRTY-FIVE (36") DAYS, we a~o intend to immediately start a iswsu~t to foreclose on your mortgaged property. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS, agencfa (Pennsylvania Housing Finance Agency) sin cargos al numero menctenado aniba. Usted puede set 4116736-2 2~ ~lr~ Ro~ $1,149.35 AS OF 12/01/2000 P.O. BOX 10219 Van Nuys, CA 91410-0219 II,l...,ll,h,h.lllh,,Ih..,hh.llM.,,.llhh.,Ihl 411673620001149350114935 HUD-Approved Counseling Agencies - Pennsylvania If you attend a face-to-face meeting with this lender, or with a consumer credif counseling agency identified in.thle notice, no farther proceeding in mortgage foreclosure may take place for thkty (30) days afrer the date of this meeting. The name, add,ess and telephone number of our representative is: COUNTRYWIDE, 6400 Legacy Drive, pfano, Texas 72567, Telephone Number: 1-800669-6654, Extension 7556. The names and addresses of designated cer~',~Jmer credit counsellog agencies are shown on the attached sheet_ It is o~y necessary to schedule one face-to-face meeting. You should advise Country.de of your intenf~ons immediately. If you have ~ied and are unable to resolve lille problem at or after you~ face-re-face meeting, you have the Hght fa apply far financial assistance f~om the Homeowners' Emergency Mmtgege Assistance Fund. In order to do this, you must fili ~ sign arid file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer eredit counseang agency. The consumer credit counseling agency w~l assist you in Ming out you~ application and will submit your completed application to the Pennsylvania HoUSing F'mance Agency. Your application must be flied or postmarked within thirty (30) days of you~ face-to-face meeting. Available funds for emergency mortgage assistance are very Ibnited. They will be disbursed by the Agency u~der the eligibility criteria established by the Act It is ex'gemely important that you file your application promptly. If you do not do so, or if you (fo not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately, it ~s extremely important that your application is ac<;u~ate and complete in every respecL The Pennsyivanfa Housing Finance Agency has sixty (60) days to make a decision after It receives youg application. During that additional time, no foreclosure proceedings ~11 be pursued against you if you have met the time requirements set forth above. You will be notified directiy by that Agency of its decision on your application. The Pennsylvania HOUSing Finance Agency is located at 2t0t North Front Sb-eet, Post Office Box 8029, Harrisburg, Pennsylvania 17105. Telephone No. 1-717-780-3800 or 1-800-342-2397 (toil bee number), persons with impaired hearing can call 1 q}00-342-2397. If the morlgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mor{gage debt. If you cure the default befere we begin legal proceedings against you, you wi# still have to pay the reasonable attorney's fees actual~ incun-ed, up to $50.00. However, if legal proceedings are shorted against you, you wi!J have to pay the reasonable aifomey's fees even if they are over $50.00. Any aifomey's fees will be added to whatever you owe us, which may also inciude our reasonable costs, if you cum this defauJt wi~in the thir¥five day pedod, you wi~ nut be required to pay the aifomey's fees. YOU HAVE THE 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. P,O. Box VanN~/¥s~CA9,41~0219 EXHIBrF A certified Mail N0. December 1,2000 Ream Recent Requ~ed Regular Mail 253 ~l~ed Road C~e L~ ~ 4116736 Prope~ 253 Bull~ad Road NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOU MUST TAKE AC~ON TO SAVE YOUR HOME FROM FORECLOSURE. Co~de Home Loa~, I~. (h~e~a~ ~de~ ~c~ yo~ home loan. Y~ home ~an ~ ~ ~ de~ TOTAL DUE: $1,1~.35 Y~ may c~e ~ ~ ~ THIRd. NE (35) DAYS of ~e date of ~ Jeffer, by pa~ng to ~ ~ able amo~ of $~,149~5, If you do ~t ~e ~ de~uE ~n THIR~-FI~ (35) DAYS, ~ ~ acclimate ~ pa~ d~ ~ yo~ ho~ ~. THIR~ (3~ DAYS, we a~o ~tend to imme~ate~ s~ a la~ to [me~ on y~r moP.ged pr~. YOU ~Y BE E~IB~ FOR FISCAL ASS~T~CE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. ~ ~ ~ adju~ es de su~ ~, ~ a~ su de~ a ~fi~r v~o en su ~sa. Si c~l ~e ~ar su ~a ~ la ~a del de~ a ~ir su hi~. 4116736-2 2~ e.,~h~,~ ;,~ $1,149.35 AS OF 12/01/2000 P.O. Box 10219 Van Nuys, CA 91410-0219 II,l,,,,,ll,h,l.,lllh.ll,,.,I,l.,lll.l,..llhl.. Jhl 411673620001149350114935 HUD-Approved Counseling Agencies - Pennsylvania If you aifend a face-fo-face meeting with this lender, or watt a consumer credit counseling agency identified il;~thts notice, no ftather proceeding in mortgage fofec~oonre may take place for thirty (30) days alter the dale of this meeting, The name, address and tetephane number of our mpreseutative ~s: COUNTR'Y~NIDE, 6400 Legacy Drive, Piano, Texas 72567, Telephone Number:. 1-800-6696654, Extcms/on 7556. The names and addresses of designated consumer credit cou~selin~ agencies are shown on the alfached sheet. It is only neoessary to schedule one tace-to-face meeting. You should advise Countq/wide of your intentions immediately. If you have t~ed and are unable to resnive this problem at or alter your face-fa-face meeting, you have the tight to appty for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, yon must ~ out, sign and file a compleled Homeownem' Emergency Assistance App#cation with one of the designated consumer credit counsel/ag agencies listed on the attachment. An applicalian for assistance may only be obtained from a consumer credit counseileg agency. The consumer credit counseling agency vail assist you in fi~ing out your apptcation and w~i submit your completed app~cafion to the Pennsylvania Housing F-~tance Agency. Your appacafion must be filed or postmarked wtihle tblrly (30) days of your' face-to-face meeting. Available funds for eme~mtcy mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility ctlterta established by the Act It is extremely important that you file your application promptly. If you do not do so, or if you do not follow lite outer time periods set fodh in ~ letter, foreclosure may proceed against your home immediately, tt is extremely important that your application is accurate and complete le ever/respect. The Pennsylvania HOUSing tm~nance Agency has sixty (60) days to make a decision alter ti receives yotw spplication. During that additional time, no foreclos~e p¢oceedinga MI be pursued against you if you have met the time requirements set fmffi above. You will be nof~ed direcity by that ^gency of tis decision on your application. The Pennsylvania Honsfag Finance Agency is located at 2101 North Front Slreet, Post Office Box 8029, Hamsbu~g, pennsylvania 17105. Telephone No. 1-717-760-3800 or 1-800-342~2397 (toil free number). Persons wffh impaired hearing can call 1-800-342~2397. If the mortgage is foreclosed, your mortgaged property wi'Il be sold by the Sheriff to pay off the mo~ge debL if you cure the det~auit before we begin legal proceedfags against you, you vail slffl have th pay the reasonable attorney's fees astualiy incun-ed, up to $50.00. However, if legal proceedings are started against you, you Will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees wiJl be added to whatever you owe us, which may also include om reasonable costs, if you cure thle default within the thirty*five day period, you wilt not be required to gay the attorney's fees. YOU HAVE THE RIGHT TO REJNSTATE 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. (Rule of Civil Procedure No. 236) Revised IN THE COURT OF COMMON PLEAS OF CUMBERLARD COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Countrywide Home Loans, Inc. , Plaintiff Vs. : NO. 01-1248~Civil Term Donald M. Robinder , Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on May /~ , 2001. If you have any questions concerning this matter please contact: ~h ~G Jo oldbeck, Jr. At~rne~ for Plaintiff **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, THIS IS NOT AND SHOULD NOT RE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. ATTORNEY FOR PLAINTIFF 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-]322 Countrywide Home Loans, Inc. : CUMBERLAND COUNTY 7105 Corporate Drive, PTX Bo35 : COURT OF COMMON PLEAS Plano, TX 75024-3632 Vs. : CIVIL DIVISION Donald M. Robinder : NO 01-1248~Civil Term 253 Bullshead Road Newville, PA 17241 Martha H. Robinder (Deceased) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWRR AND ASSESS~D~T OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Donald M. Robinder, Defendant for failure to file an Answer to Plaintiff's Complaint within 20 days (or 60 days if defendant is the United States of America) from the date of service of the complain and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $75,744.14 Interest - 3/1/01 - 5/15/01 $ 926.44 Late Charges $80.19 Escrow Debit ~ TOTAL $75,744.14 I hereby certify that (1) the addresses of the Plaintiff and Defendant ar, as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. PRO PROTHY ~ I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is 7105 Corporate Drive, PTX B-35, Plano, TX 75024-3632 and that the name and last known address of the Defendant is: Donald M. Robinder, 253 Bullshead Road, Newville, PA 17241 Martha H. Robinder (Deceased) TO: DONALD M. ROBINDER 253 Bullshead Road New~ille, PA 17241 COUNTRYWIDE HOME LOA~S INC. 7105 Corporate Drive : IN THE COURT OF COMMON PLEAS PTX B-35 : Plano, TX 75024-3632 : OF CUMBERLAND COUNTY Plaintiff : vs~ : CIVIL ACTION - LAW DONALD M. ROBINDER AND MARTHA H. : ROBINDER (Mortgagor(s)) : ACTION OF MORTGAGE FORECLOSURE (Record Owner(s)) : 253 Bullshead Road : Term Newville, PA 17241 : No. 01~1248 CIVIL TERM Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFOPd~ATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: DONALD M. ROBINDER 253 Bullshead Road Newville, PA 17241 DATE OF THIS NOTICE: March 30, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND PILE 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 Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-91108 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 GOLDBECK, MCCAFFERTY & MCKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 ATTORNEY FOR PLAINTIFF Suite 500-The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 COURT OF COMMON PLEAS (2~5) 627-1322 CIVIL DIVISION Countrywide Home Loans, Inc. Vs. No. 01-1248-Civil Term Donald M. Robinder CUMBERLAND COUNTY Martha H. Robinder (Deceased) VERIFICATION OF NON-MILITARY SEEVICE JOSEPH A. GOLDBECK, JR., 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 is 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 Donald M. Robinder, is over 18 years of age, and resides at 253 Bullshead Road,Newville, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. J~oPr~.'GOLDBECK, JR. for Plaintiff May 16, 2001 Countrywide Home Loans, Inc. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. Donald M. Robinder Martha H. Robinder (Deceased) = NO. 01-1248-Civil Term Defendant(s) A~FIDAVIT PURSUANT TO RULE 3129.1 Co,~n~rywide H~m~ Lo~ns. Inc., Plaintiff in the above action, by its attorney, Joseph Goldbeck, Jr., 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 253 Bullshead Road, Newville. PA 17241. 1. Name and address of owner(s) or reputed owner (s): Name Address (if address cannot be reasonably ascertained, please so indicate) Donald M. Robinder 253 Bullshead Road Newville, PA 17241 Martha H. Robinder (Deceased) 2. Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SA~4~ A~ AmOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) 4. Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) 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 Address (if address cannot be reasonably ascertained, please so indicate) ~,mherl~d Co~,nt~y Dept. of P.O. Box 320 Domestic Relations Carlisle, PA 17013 Pa Dept. of P~,hlic Welfare ~ealt~ ~d Welfare Bldg. Room 432 Bureau of Child Support Enforc-ment P.O. Box 2675 Harrisburg, PA 17105 Co~onwealth of PA 6=h Floor, Strawberry Square Bureau of Indivldual Tax Dept. 280601 Inheritance Tax Division Harrisburg, PA 17128 Att= Jo~ Murph~ Internal Revenue Service 13~h Floor, Ste. 1300 Federated Investors Tower 1001 Liberty Avenue Pittsburgh. PA 15222 Dept. of P~hlic Welfare P.O. Box 8486 PPL Casualty Unit Willow Oak BuildiD~g Estate Recovery Program Harrisburg, PA 17105-8486 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property that may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) 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. #4904 relating to unsworn falsification to authorities. May 16, 2001 ~ JJ~ph~oldbeck, Jr. At~rne}~for Plaintiff GOLDBECK, MCCAFFERTY & MCKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 ATTORNEY FOR PLAINTIFF Suite 500-The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 COURT OF COMMON PLEAS (215) 627-1322 Countrywide H~ne Loans, Inc. CUMBERLAND COUNTY CIVIL DIVISION Vs. NO. 01-1248-Civil Term Donald M. Robinder Martha H. Robinder (Deceased) CERTIFICATION JOSEPH A. GOLDBECK, JR., ESQUIRE, hereby states that he is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA Mortgage ( ) non-owner occupied ( ) vacant Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. ATTORNEY FOR PLAINTIFF 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 Countrywide Home Loans, Inc. : CUMBERLAND COUNT"f : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. Donald M. Robinder Martha H. Robinder (Deceased) : NO.01-1248-Civil Term Defendant(s) NOTICE OF S~RRIFF'S SALE OF R~AT, ESTATE TO: Donald M. Robinder 253 Bullshead Road Newville, PA 17241 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ~ INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHA=RGE IN BA/qKRUPTCY, 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 253 Bullshead Road, New~ille, PA ~ is scheduled to be sold at the Sheriff's Sale on S~t-~her 5. 2001 at 10:00 a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013 to enforce the court judgment of $75.744.14 obtained by Co,,ntr~ide H~e Loans. Inc. {the mortgagee) against you. NOTICE OF OW1TER'S RIGHTS YOU MAY BE ~RL~ TO P~R1~ENT THIS S~RRIFF'S SAT.R To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the Back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call: (215) 627-1322 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 ~mLE TO SAVE YOUR PROPERTY AND YOU ~AVE OTHER RIGHTS EVEN IF THE SHERIFF'S SAT.E DOES TA~R PT.~CE. 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) 627-1322. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff's office at (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have 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 this 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 proposed schedule of distribution of the money bid for your house will be prepared 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 posting of the Schedule of Distribution. 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 Bar Association 2 Liberty Avenue Carlisle, PA 17103 (800) 990-9108 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Countrywide Home Loans, Inc. .. COURT OF COMMON PLEAS Plaintiff .- CUMBERLAND COUNTY, PA Vs. : NO: 01-1248-Civil Term Donald M. Robinder : PRAECIPE FOR WRIT OF EXECUTION Martha H. Robinder (Deceased) (MORTGAGE FORECLOSURE) Defendant(s) TO THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $75,744.14 Interest from 5/15/01 to sale date $ and Costs at $12.45 per diem Total $ 111 S. Independence Mall East Philadelphia, PA 19106 Attorney for Plaintiff Note: Please attach description of property. ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, a comer post, at lands now or formerly of John Hostetter; thence by lands now or formerly of John Hostetter, North 37 degrees 59 minutes 51 seconds West 203.56 feet to a comer post; thence by same South 54 degrees 05 minutes 55 seconds West 142.02 feet to a comer post; thence by same North 36 degrees 35 minutes 56 seconds West 211.27 feet to a comer post; thence by same North 48 degrees 23 minutes 30 seconds East 316.31 feet to a comer post; thence by same South 39 degrees 43 minutes 39 seconds East 267.17 feet to a comer post at the edge of an existing lane; thence by same South 46 degrees 30 minutes 26 seconds West 99.00 feet to an iron pin; thence by same South 36 degrees 06 minutes 06 seconds East 173.25 feet to a post; thence by same South 58 degrees 45 minutes 55 seconds West 83.28 feet to a comer post, the place of BEGINNING. Tax parcel #30-08-0593-038 GOLD~ECK ~cCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive : IN THE COURT OF COMMON PLEAS PTX B-35 : Plano, TX 75024-3632 : OF CUMBERLAND COUNTY Plaintiff : vs. : CIVIL ACTION - LAW DONALD M. ROBINDER AND : MARTHA H. ROBINDER : ACTION OF MORTGAGE FORECLOSURE 253 Bullshead Road : Newville, PA 17241 : Term Defendant : No. 01-1248 CIVIL TERM CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2(c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriff's Office/competent adult (copy of return attached). (W) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached) ~D Ro~D~ ( ) Certified mail by Sheriff's Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriff's Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriff's Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriff's Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriff's Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). that~!stateme ~ The undersigned understands the herein are subject to the penalties provided by 18 P.S. Secti~904./ t. BG~~~.submitted, GO ~AFFERTY & McKEEVER A. Goldbeck, Jr. ~3rney r Plaintiff 7106 4575 1294 3042 8853 T .DONALD M EO;:tlNE~ER O ' 25:5 Bullshead Road, Newville, PA 17241 CUMBEi~LAND SENDER: GOLDBECK MCCAFFERTY & MCKEEVER - May 95, ~998 REFERENCE: ROBINDER,DONALD M. / CWD-1070 pS Form 3800, June 200~I/- 5/01 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees .~- .... US Postal Service , ¢, \ Receipt for .)'; i¢~" Certified Mail ',~! },, ,,}""~ NO Insurance Coverage Provided AFFIX POSTAGE TO MAIL PIECE TO COVER FIRST CLASS POSTAGE. CERTIFIED FEE, ~RETURN RECEIPT FEE ANU CHARGES FOR ANY SELECTED OP FIONAL FiERV)CES RE~oBINDER,DONAUD M./CWD-qO?O 9/S/O'ls?OE~: C;OLP~'ICCAFF£ffTY&MCKE:EYER-MayIS,'~99~ PS FoTm 3Bll, June 2000 Domestic Return Receipt · PRINT YOUR NAME, ADDRESS AND ZIP CODE ~3ELOW · ~,,,lll,h,,,,llll,,,,ll,,,,I,I,hl,,,,lll,l,,,tl,,I GOLDBECK McCAFFERTY & McKEEVER SUITE 500 ~ THE BOURSE BUILDING 111 SOUTH INDEPENDENCE MALL EAST PHILADELPHIA PA 19106~2519 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. 7105 Corporate prive : IN THE COURT OF COMMON PLEAS PTX B-35 : /-- ~ Plano, TX 75024-3632 : OF~.~__R_R_R_R_R_R_R_R_R~OUNTY Plaintiff : CIVIL ACTION - LAW : rs. :ACTION OF MORTGAGE FORECLOSURE : DONALD M. ROBINDER AND MARTHA H. : Term ROBINDER (Mortgagor(s) and : No. 01-1248 CIVIL TERM Record Owner(s)) : 253 Bullshead Road : Newville, PA 17241 : Defendant(s) : SUGGESTION OF DEATH It is respectfully suggested that Defendant MARTHA H. ROBINDER is deceased, having departed this life on December 27, 2000. Accordingly, the title vests soley in DONALD M. ROBINDER. Attorney for Plaintiff qountrywide Home Loans, Inc. = CU~BERLAi~D COD1TI"I = COURT OF COMMON PLEAS Plaintiff = CIVIL DIVISION Vs. Donald M. Robinder Martha H. Robinder (Deceased) = NO. 01-1248-Civil Term Defendant{s) 5~p~¢~I~LA~FIDAVIT PURSUANT TO RULE 3129.1 Co~ntrywide Home Lo~ns. Inc., Plaintiff in the above action, by its attorney, Joseph Goldbeck, Jr., 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 253 Bullshead Road, Newville. PA 17241. 1. Name and address of owner(s) or reputed owner (s): Name Address (if address cannot be reasonably ascertained, please so indicate) Donald M. Robi~der 253 Bullshead Roa~ Newville, PA 17241 Martha H. Robinder (Deceased) 2. Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SA~ AS AmOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address {if address cannot be reasonably ascertained, please so indicate) 4. Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) None 5. ~ame and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) 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 Address (if address cannot be reasonably ascertained, please so indicate) ~,mherland Co~,nty Dept. of P.O. Box 320 Domestic Relations Carlisle. FA 17013 Pa D~t. of P~hlic Welfare Health and Welfare Bldg. Room 432 Bureau of Child S%%~ort Enforc.m.nt P.O. Box 2675 Harrisburg, PA 17105 Commonwealth of PA 6th Floor. Strawberry Square Bureau of Individual Tax Dept. 280601 IDheritance Tax Division ~arrisburg. PA 17128 Att: John Murphy Internal Revenue Service 13=~ Floor, Ste. 1300 Federated Investors Tower 1001 Liberty Avenue PittsburgB. PA 15222 Dept. of P~hllc Welfare P.O. Box 8486 PPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105-8486 CI~SP,-N~.. cio 6%,~ ~e~C' ~..~. f4'- 1q3~1- 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property that may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) 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. #4904 relatin9 to unsworn falsification to authorities. May 16, 2001 ~ JJ~phd~oldbeck, Jr. A~brne~/for Plaintiff Countrywide Home Loans, Inc. In The Court of Common Pleas of Cumberland County, Pennsylvania VS Writ No. 2001-1248 Civil Term Donald M. Robinder and Martha H. Robinder (deceased) R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Joseph A. Goldbeck, Jr. Sheriff's Costs: Docketing 30.00 Surcharge 20.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 25.66 Mileage 17.78 Levy 15.00 Advertising 15.00 Certified Mail 2.39 Poundage 11.92 Postpone Sale Law Journal 228.20 Patriot News 225.60 $608.05 paid by attorney 09-20-01 Sworn and subscribed to before me So .A~..~.,wef.~: This !~- day of(~d~, '~ ' R. Thomas Kline, Sheriff 2001, A.D.~ ~ ~ BY Prothonotary Retil Estate Deputy Countrywide Home Loans, Inc. = CU~ERLAND COUN~ = CO~-RT OF COMMON PLEAS Plaintiff = CIVIL DIVISION Vs. Donald M. Robinder Martha H. Robinder (Deceased) = NO. 01-1248-Civil Term Defendant(s) AFFIDAVIT Pb-RSU~=NT TO RULE 3129.1 Co~ntr~ide ~me Loans, Inc., Plaintiff in the above action, by its attorney, Joseph Goldbeck, Jr., 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 253 Bullshead Road. Newville. PA 17241. 1. Name and address of owner(s) or reputed owner (s): Name Address (if address cannot be reasonably ascertained, please so indicate) Donald M. Robinder 253 Bullshead Roa~ Newville. PA 17241 Martha H. RobiDder (Deceased) 2. Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SA~ A~ AROVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) 4. Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) 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 Address (if address cannot be reasonably ascertained, please so indicate) ~,mherl~nd Co~ty Dept. of P.O. Box 320 Domestic Relations Carlisle, PA 17013 Pa Dept. of P~,hlic Welfare Health ~nd Welfare Bl~g, Roo~ 432 Bureau of Child Support Enforc.ment P.O. Box 2675 Harrisburg. PA 17105 Commonwealth of PA 6th Floor, Strawberry Square Bureau of Individual Tax Dept. 280601 IDheritance Tax Division Harrisburg, PA 17128 Att: Job~ Murphy Internal Revenue Service 13th Floor, Ste. 1300 Federated Investors Tower 1001 Liberty Avmnue Pittsburgh. PA 15222 Dept. of P~,hlic Welfare P.O. Box 8486 PPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105-8486 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property that may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) 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. #4904 relating to unsworn falsification to authorities. J ~oldbeck, Jr. A t~brne~/for Plaintiff GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 The Bourse Bldg. ATTORNEY FOR PLAINTIFF 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 Countrywide Home Loans, Inc. : CIR4~ERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. Donald M. Robinder Martha H. Robinder (Deceased) : NO.01-1248-Civil Term Defendant(s) NOTICE OF SHERIFF'S SAI,E OF RRAT, ESTATE TO: Donald M. Robinder 253 Bullshead Road New~ille, PA 17241 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, 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 253 Bullshead Road, New~zille, PA ~ is scheduled to be sold at the Sheriff's Sale on Se4~t~ml~er 5, 2001 at 10:00 a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, 2n~ Floor, Carlisle, PA 17013 to enforce the court judgment of $75,744.14 obtained by Co~,ntrywide Home Loans, Inc. (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ARLE TO PR~7~ENT THIS SHERIFF'S SA?.E TO prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the Back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call: (215) 627-1322 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 ~AVE OTHER RIGHTS EVEN IF T~E SHERIFF'S SAI,E DOES TA~E 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) 627-1322. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff's office at (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have 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 this 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 proposed schedule of distribution of the money bid for your house will be prepared 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 posting of the Schedule of Distribution. 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 0m, GO TO OR TELEPHO~ THE OFFICE LISTED BELOW TO FIND OUT W~ERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (800) 990-9108 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, a comer post, at lands now or formerly of John Hostetter; thence by lands now or formerly of John Hostetter, North 37 degrees 59 minutes 51 seconds West 203.56 feet to a comer post; thence by same South 54 degrees 05 minutes 55 seconds West 142.02 feet to a comer post; thence by same North 36 degrees 35 minutes 56 seconds West 211.27 feet to a comer post; thence by same North 48 degrees 23 minutes 30 seconds East 316.31 feet to a comer post; thence by same South 39 degrees 43 minutes 39 seconds East 267.17 feet to a comer post at the edge of an existing lane; thence by same South 46 degrees 30 minutes 26 seconds West 99.00 feet to an iron pin; thence by same South 36 degrees 06 minutes 06 seconds East 173.25 feet to a post; thence by same South 58 degrees 45 minutes 55 seconds West 83.28 feet to a comer post, the place of BEGINNING. Tax pamel #30-08-0593-038 WRIT OF EXEcuTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 01-1248 CIVIL 1~~X TE~n COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumber'la~d COUNTY: To satisfy the debt, interest and costs due Countrywide Home T,oans, Tnc, PLAINTIFF(S) from Donald M. Robinder and Martha H. Robinder, 253 Bullshead Road, Newville, PA 17241 DEFENDANT(S) (1) You are directed to levy upon the propedy of the defendant(s) and to sell See ~eaal 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/are enjoined from paying any debt to or for the account of the defendant(s) and' from deiivering any propedy of lhe defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possess on 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 $75,744.14 L.L. $.50 fr~n 5/15/01 to sale date at Interest $12.45 pez diem Due Pr0thy $1.00 Atty's Comm % Other Costs A~y Paid $129.68 Plaintiff Paid Date: May 18, 2001 Curtis R. Long Prothonotary, Civil Division Deputy REQUESTING PARTY: Name Joseph A. Goldbeck, Jr. Suite 500 - The Sourse slog. Address: 111 S. Ind~epe, nd,,=nc Philadelphia, PA 19106 Attorney for: Plaintiff _ Telephone: 214-627-1322 Supreme Court ID No. 16132 REAL ESTATE SALE ..,,, /'~o.~. ~. :3, ,2.00/ th(. ,,~erm ~evied upon the Ome~,~ interest in the rea~ r~,~- ~?*,' ~'~dn_r ~ ~~~~ Cumberland County, ~ ¢~ ~meered as: 2~.~ ~~ ~ ~~ and mo,~ ~JN &~~ Exhibit "A" filed with this writ and by this refere,, :,'ated herein. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Act 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 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~t~ellaneous Book "M", Volume14, Page317. .~.?.. !.. PUBLICATION ..................................... ?~.) ........./"~'"L'~L ,. ............... CO PY Sworn to and subscribed befort~ m~ t, ai~21st~y ~(~.g~'st 2001 A.D. S A L E #17 NoiarlalSeal Herrlsl3utg. Dauohtn Co~t~//-/~E/ c~ .~../.~/,~'/~--.-c~c...~ ~ My Coi'nmta$i~l Expires June 6, 2002 NOTARY PUBLIC · & Mem'~er, P~nsy~vania A~octatlo~ct Ne~l~commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ~m~. Statement of Advertising Costs I Em, ely. To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 224.10 Probating same Notary Fee(s) $ 1.50 Total $ 225.60 Publisher's Receipt for Advertising Cost mimes publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ~{,k~l,~Lge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: 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 circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true, REAL E~TAT~ ~ALE NO. 17 Writ No. 2001-1248 Civil RogertM. Morgenthal, Editor Countx-jwide Home Loans, Inc. vs. SWORN TO AND SUBSCRIBED before me this Donald M. Robinder and , 3 day of AUGUST, 2001 Martha H. Roblnder (Deceased) ALL THAT CERTAIN tract of land situate In North Newton Township, Cumberla~td County, Commonwealth of Pennsylvania, more particularly "- bounded and described as foaows: post, at lands now or formerly of John Hoatetter; thence by lands now or formerly of John Hostetter, North 37 degrees 59 minutes 51 onds We-st 203.56 feet to a corner post; thence by same South 54 de- mama, 0,5 mlaaut~a 55 ~nds ~h~st