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HomeMy WebLinkAbout02-0411GOLDBECK, 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 COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 IN THE COURT OF COMMON PLEAS Plaintiff vs. BRENDA S. FARBER DONALD W.FARBER Mortgagor(s) and Real Owner(s) 98 Schoolfield Drive Carlisle, PA 17013 Defendant(s) OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE / Term p? - .111 cu l No. 7FE4-? CIVIL ACTION: MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO 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 most 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 ease may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint offer 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 POPER 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE LISTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE LISTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. FOR RAZ.ON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. ST NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is COLUMBIA NATIONAL INC., 7142 Columbia Gateway Drive, Columbia, MD 21046- 2132. 2. The name(s) and address(es) of the Defendant(s) is/are BRENDA S. FARBER, 98 Schoolfield Drive, Carlisle, PA 17013 and DONALD W. FARBER, 98 Schoolfield Drive, Carlisle, PA 17013, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. 3. On June 26, 1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COLUMBIA NATIONAL INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1463 Page 1078. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. 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 payment of principal and interest upon said mortgage due August 01, 2001, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 07/01/2001 through 01/31/2002 at 7.2500% Per Diem interest rate at $31.49 Attorney's Fee at 5.0% of Principal Balance Late Charges from 08/01/2001 to 01/31/2002 Monthly late charge amount at $56.38 Costs of suit and Title Search Escrow Monthly Escrow amount $392.65 $158,549.08 $6,770.34 $7,927.45 $338.28 $750.00 $174,335.15 $0.00 $174,335.15 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 in the sum of $174,335.15, together with interest at the rate of $31.49, 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: GOL CK eCAFFERTY & MCKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VI" IIJ CATION I, Vernetta M. Watson .; 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 lixlh 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 I8 Pa. C.S. 4904 relaling to unsworn falsification to authorities. Date: I- Z1-0 L, Vernetta M. Watson, Asst. Tre' asurrr Colin ibia National Inc. 01/10/2002 09:14 7177741380 ASAP PAGE 03 THIS DEED PARCEL #: 04_23-0600-780C MADE THE 26th day of June, in the year of our Lord one thousand nine hundred ninety-eight (1998) BETWEEN RICHARD A. DAMICO AND ELIZABETH ANN DAMICO, husband and wife, of Cumberland County, Pennsylvania, hereinafter (Grantors) and DONALD W. FARBER AND BRENDA S. PARBER, husband and wife, of Cumberland County, Pennsylvania hereinafter (Grantees) WtTNESSSTH, that in consideration of one Hundred Seventy-four Thousand and 00/100 ($174,000.00) in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantees, their heirs and assigns an tenants by the entireties. ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described pursuant to a Final Subdivision Plan for Carlisle Axes School District, recorded in Cumberland County Plan Book 44, Page 56, as follows: BEGINNING at a point on the western right of way line of South Pitt Street (60 foot right of way), at the northeastern corner of Lot No. 4 as shown on the above described Subdivision Plan, thence by said Lot No. 4, North 83 degrees 53 minutes Went 145.00-feet to a point in the line of Lot No. 2 as shown on said Plan; thence by said Lot No. 2, North 00 degrees 07 minutes Bast 93.45 feet to a point; thencq continuing by said Lot No. 2, south 89 degrees 53 minutes 8ast'*127.86 feet to a point] thence continuing by said Lot No. 2, by a curve to the'right having a radius of 25 feet, an arc distance of 41.89 feet to a point on the western right of way line of South Pitt Street; thence by said western right of way line of South Pitt Street, South 06 degrees 07 minutes went 81.43 feet to a point of said western right of way line of South Pitt Street, the point and place of BEGINNING. BEING Lot No. 5 an shown on the above Subdivision Plan, containing 15,018 square feet and known an 98 schoolfield Drive, Carlisle, Pennsylvania. UNDER AND SUBJECT, nevertheless, to the building and use restrictions, found in previous deeds, BEING the same premises which Donald M. Moore and Patricia k. Moore, husband and wife, by Deed dated June 14, 1994, which Deed in recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 106, Page 1079, granted and conveyed to Richard A. Damico and Elizabeth Ann Damico, husband and wife, Grantors herein. tm r 1225 Vii I A P P E N D I X A COLUMBIA NATIONAL 7001 0320 A C T 91 N O T I C E T A K E A C T I O N T O S A V E Y O U R H O M E F R O M F O R E C L O S U R E This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the programs works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. Thie name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Agency toll free at 1-800-342-2397. (Persons with impaired hearing call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SOMA IMPORTANCIA, PLIES AFECTA SII DERECHO A CONTINUAR VIVIENDO EN SU CASA.SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAM LLAMADO "HOMEOWNERS'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SII HIPOTECA. U October 25, 2001 Donald Farber Brenda Farber 98 Schoolfield Drive Carlisle, PA 17013 EXHIBIT A Re: Columbia National No. 3550678 IV 98 Schoolfield Drive Carlisle, PA 17013 Dear Borrower: 0003 7619 4401 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit couneling agencies have applications to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it recieves your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOU MORTGAGE DEFAULT (Bring it up tp Date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 98 Schoolfield Drive Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOUR HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: PAYMENTS $4,560.90 NSF FEES $.00 LATHS $169.14 OTHER FEES $48.00 LESS FUNDS ON-HAND $100.00 TOTAL $4,678.04 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,678.04 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Columbia National, Incorporated 7142 Columbia Gateway Drive Columbia, Maryland 21046 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclose proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately Six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: STANLEY FANARAS MORTGAGE LOAN COUNSELOR Columbia National, Incorporated 7142 Columbia Gateway Drive Columbia, Maryland 21046 (800)444-7963 EXT 2438 (410)872-2000 EXT 2438 EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You _ may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Pi M C , G F SHERIFF'S RETURN - NOT FOUND Y CASE NO: 2002-00411 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COLUMBIA NATIONAL I VS FARBER BRENDA S ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT FARBER DONALD W but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND as to the within named DEFENDANT FARBER DONALD W NO LONGER AT 98 SCHOOLFIELD DR. CARLISLE. POST OFFICE ONLY HAS PO BOX, NO STREET ADDRESS. Sheriff's Costs: So answ Docketing 6.00 Service .00 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 16.00 GOLDBECK MCCAFFERTY MCKEEVER 02/14/2002 Sworn and subscribed to before me this day of 11?7 U19? A.D. G - Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2002-00411 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLUMBIA NATIONAL INC VS FARBER BRENDA S ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE FARBER BRENDA S DEFENDANT the , at 2108:00 HOURS, on the 5th day of February , 2002 at 98 SCHOOLFIELD DRIVE CARLISLE, PA 17013 by handing to BRENDA S FARBER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this , day of So Answcers : R. Thomas Kline / 02/14/2002 GOLDBECK MCCAFFERTY MCKEEVE j By: D pu y 9' er ff was served upon 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 ,U ;r'v IS A TF1vt ANC ?,CRRECT COPY OF THE ORIGINAL FLED (215) 627-1322 ATTORNEY FOR PLAINTIFF COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 IN THE COURT OF COMMON PLEAS Plaintiff vs. BRENDA S. FARBER DONALD W.FARBER Mortgagor(s) and Real Owner(s) 98 Schoolfield Drive Carlisle, PA 17013 Defendant(s) OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term 0a -y// (2 No. CIVIL ACTION: MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO 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 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 claim in the Complaint of far 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 POPER 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE LISTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE LISTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: S1 USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, 17013 00py Ranh 717-2433- -9400 crvvmn T#dgn> r wba#N, i IWO Veto $et W hand WNLWI 00 10Aukl COUI at ,4211318. Ia. I hEAESY CERTIFY THAT THIS 18 COMPLAINT IN MORTGAGE FORECLOSU A TRUE AND CORRECT Copy F THE ORIGINAL FILED 1. Plaintiff is COLUMBIA NATIONAL INC., 7142 Columbia Gateway Drive, Columbia, MD 21046- 2132. 2. The name(s) and address(es) of the Defendant(s) is/are BRENDA S. FARBER, 98 Schoolfield Drive, Carlisle, PA 17013 and DONALD W. FARBER, 98 Schoolfield Drive, Carlisle, PA 17013, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. 3. On June 26, 1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COLUMBIA NATIONAL INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1463 Page 1078. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. 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 payment of principal and interest upon said mortgage due August 01, 2001, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 07/01/2001 through 01/31/2002 at 7.2500% Per Diem interest rate at $31.49 Attorney's Fee at 5.0% of Principal Balance Late Charges from 08/01/2001 to 01/31/2002 Monthly late charge amount at $56.38 Costs of suit and Title Search Escrow Monthly Escrow amount $392.65 $158,549.08 $6,770.34 $7,927.45 $338.28 $750.00 $174,335.15 $0.00 $174,335.15 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 in the sum of $174,335.15, together with interest at the rate of $31.49, 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: C*?#k GOL CK cCAFFERT && MCKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VFRIFICATION I, Vernetta M. Watson ., as the representative of the Plaintiff corporation within named do hereby verify that 1 am authorized to and do make This verification on behalf of the Plaintiff corporation and the facts set t01-111 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 1S Pa. C.S. 4904 relating to unswom falsification to authorities. Date: VZ1-0!i Vernetta M. Watson, Asst. Treasurer Coluilibia National Inc. 01110/2002 09:14 7177741380 ASAP PAGE 03 • cat/?f'?91 (,? ? ` .." THIS DEED PARCEL 0: 04_23-0600-180C MADE THE 26th day of June, in the year of our Lord one thousand nine hundred ninety-eight (1998) BETWEEN RICHARD A. DAMICO AND ELIZABETH ANN DAMICO, busband and wife, of Cumberland County, Pennsylvania, hereinafter (Grantors) and DONALD W. FARBER AND BRENDA S. FARBER, husband and wife, of Cumberland County, Pennsylvania hereinafter (Grantees) WiTNESSETH, that in consideration of One Hundred Seventy-four Thousand and 00/100 ($174,000.00) in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantees, their heirs and assigns as tenants by the entireties. ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described pursuant to a Final subdivision Plan for Carlisle Area School District, recorded in Cumberland County Plan Book 44, Page $6, as •--• follows: BEGINNING at a point on the western right of way line of South Pitt Street (60 foot right of way), at the northeastern corner of Lot No. 4 as shown on the above described Subdivision Plan, thence by said Lot No. 4, North 83 degrees 53 minutes Went 145.00-feet to a point in the line of Lot No. 2 as shown on said Plan; thence by said Lot No. 2, North 00 degrees 07 minutes East 93.45 feet to a points thence, continuing by said Lot No. 2, South 89 degrees 53 minutes East''127.86 feet to a point) thence continuing by said Lot No. 2, by a curve to the 'right having a radius of 25 feet, an arc distance of 41.89 feet to a point on the western right of way line of South Pitt Streets thence by said western right of way line of South Pitt Street, South 06 degrees 07 minutes West 81.43 feet to a point of said western right of way line of South Pitt Street, the point and place of BEGINNING. BEING Lot No. 5 as shown on the above Subdivision Plan, Containing 15,018 square feet and known as 98 Schoolfield Drive, Carlisle, Pennsylvania. UNDER AND SUBJECT, nevertheless, to the building and use restrictions, found in previous deeds, BEING the same premises which Donald M. Moore and Patricia k. Moore, husband and wife, by Deed dated June 14, 1994, which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 106, Page 1079, granted and conveyed to Richard A. Damico and Elizabeth Ann Damico, husband and wife, Grantors herein. 1 80 '25 rii F' A P P E N D I X A COLUMBIA NATIONAL 7001 0320 M?i a m 0 z' !? ?? } J w Y \ A C T 91 N O T I C E T A K E A C T I O N T O S A V E Y O U R H O M E F R O M F O R E C L O S U R E This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the programs works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. This name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Agency toll free at 1-800-342-2397. (Persons with impaired hearing call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA.SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IN14EDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAM LLAMADO "HOMEOWNERS'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. " L) October 25, 2001 Donald Farber Brenda Farber 98 Schoolfield Drive Carlisle, PA 17013 EXHIBIT A Re: Columbia National No. 3550678 N 98 Schoolfield Drive Carlisle, PA 17013 Dear Borrower: 0003 7619 4401 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MARE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit couneling agencies have applications to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it recieves your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOU MORTGAGE DEFAULT (Bring it up tp Date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 98 Schoolfield Drive Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOUR HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: PAYMENTS $4,560.90 NSF FEES $.00 LATES $169.14 OTHER FEES $48.00 LESS FUNDS ON-HAND $100.00 TOTAL $4,678.04 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,678.04 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Columbia National, Incorporated 7142 Columbia Gateway Drive Columbia, Maryland 21046 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclose proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately Six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: STANLEY FANARAS MORTGAGE LOAN COUNSELOR Columbia National, Incorporated 7142 Columbia Gateway Drive Columbia, Maryland 21046 (800)444-7963 EXT 2438 (410)872-2000 EXT 2438 EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You _ may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY SERVE SF43d -? F 1 . ?Q??iaESQ ?ZNG(' 311330. GOLDBECK MCCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 VS. BRENDA S. FARBER DONALD W. FARBER (Mortgagors and Real Owners) 98 Schoolfield Drive Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 02-411 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. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, Michael T. McKeever, Esquire, in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the holder of a first mortgage upon the premises 98 Schoolfield Drive, Carlisle, PA 17013, hereinafter, the "mortgaged premises". 2. Defendants, BRENDA S. FARBER AND DONALD W. FARBER, are the mortgagors and real owners of the mortgaged premises. 3. The last known address of Defendant, Donald W. Farber, is 98 Schoolfield Drive, Carlisle, PA 17013 as set forth in Paragraph 2 of the Complaint. 4. The Sheriff has been unable to effect service of the Complaint upon Defendant at his last known address after numerous attempts. 5. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant, Donald W. Farber. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant by posting the premises and certified and regular mail to the Defendant's last known address. BY: MICHAEL T. MCKEEVER, ESQUIRE GOLDBECK MCCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 VS. BRENDA S. FARBER DONALD W. FARBER (Mortgagors and Real Owners) 98 Schoolfield Drive Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 02-411 VERIFICATION I, MICHAEL T. MCKEEVER, ESQUIRE, Attorney for Petitioner do hereby verify that the facts set forth in the foregoing Motion for Substituted Service 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. BY: MICHAEL MCKEEVER, ESQUIRE GOLDBECK MCCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 VS. BRENDA S. FARBER DONALD W. FARBER (Mortgagors and Real Owners) 98 Schoolfield Drive Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 02-411 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a) Plaintiff has filed a Complaint in Mortgage Foreclosure against Defendant which the Sheriff has been unable to personally serve upon Defendant, Donald W. Farber. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendant's whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430(a). CONCLUSION For reasons stated above and in the attached Motion, the Court should enter an order allowing Plaintiff to serve the Complaint in Mortgage Foreclosure upon Defendant, Donald W. Farber, by posting the premises and certified mail and regular mail to the Defendant's last known address. Respectfully submitted, MICHAEL T.'MCKEEVER, ESQUIRE PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: PW-0695 Attorney Firm: GOLDBECK, MCCAFFERTY & MCKEEVER Case Number: Subject: DONALD W & BRENDA S FARBER A.K.A.: BRENDA SUE FARBER Property Address: 98 SCHOOLFIELD DRIVE CARISLE, PA 17013 Last Known Address: 98 SCHOOLFIELD DRIVE CARLISLE, PA 17013 Last Known Number: (717) 2585865 Michael K Gross, being duly swom according to law, deposes and says: 1. 1 am employed in the capacity of President for Players National Locator. 2. On 01/2312002, 1 conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER: - - B. EMPLOYMENT SEARCH: Unable to locate a good employer for Donald and Brenda. C. INQUIRY OF CREDITORS: The creditors Indicated that Donald and Brenda are living at 98 Schoolfield Drive, Carlisle, Pa. 17013 with a home phone number of 717-258-5865. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: The home phone number for Donald and Brenda Farber is 717-258.5865 registered at 98 Schoolfield Drive, Carlisle, Pa. 17013. We contacted this number and spoke with a relative who stated Donald and Brenda are both living at this address. INQUIRY OF NEIGHBORS - N/A INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of January 21, 2002 the National Change of Address (NCOA) has no change for Donald and Brenda from 98 Schoolfield Drive, Carlisle, Pa. 17013. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE: The Pennsylvania Department of Drivers Licensing has Donald and Brenda listed at 98 Schoolfield Drive, Carlisle, Pa. 17013. OTHER INQUIRIES - A. DEATH RECORDS: As of January 21, 2002 the Social Security Administration has no death records on file for Donald W and Brenda S Farber and or a.k.a.'s under their social security numbers. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC. ): None Found C. COUNTY VOTER REGISTRATION: The Cumberland County Voters Registration Office has Donald and Brenda listed at 98 Schoolfleld Drive, Carlisle, Pa. 17013. OTHER SEARCHES - Social security numbers provided were verified. ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: Donald 04155 Brenda 06/62 AFFIANT Michael K Gross before " NOTARY SEAL " Kristine M. Scott, Notary Public St. Louis County, State of Missouri My Commission Expires 91212002 Players National Locator 113 Old State Road, Suite 104 St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-00411 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COLUMBIA NATIONAL INC VS FARBER BRENDA S ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT FARBER DONALD W but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT . FARARR DONATED W NO LONGER AT 98 SCHOOLFIELD DR. CARLISLE. POST OFFICE ONLY HAS PO BOX, NO STREET ADDRESS. Sheriff's Costs: So answ Docketing 6.00 Service .00 Affidavit .00 R.`Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 16.00 GOLDBECK MCCAFFERTY MCKEEVER 02/14/2002 Sworn and subscribed to before me this A. D. day of Prothonotary GOLDBECK MCCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 VS. BRENDA S. FARBER DONALD W. FARBER (Mortgagors and Real Owners) 98 Schoolfield Drive Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 02-411 CERTIFICATE OF SERVICE MICHAEL T. MCKEEVER, Esquire, do hereby certify that true and correct copies of the the foregoing Motion for Substituted Service have been served upon the Defendant this Oh day of March, 2002, by first class mail, postage prepaid. M, 2=&ezzez? BY: MICHAEL T. MCKEEVER, ESQUIRE i} r ? F - r. ?::. - ?._ -? _. !? - ?? ; _? _? __,: -- ?? ;? ?; =i?? 'c ,?: i i Cv e?? C7 N:J ? 4c, 9 2002 GOLDBECK MCCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 Vs. BRENDA S. FARBER DONALD W. FARBER (Mortgagors and Real Owners) 98 Schoolfield Drive Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 02-411 ORDER AND NOW, this 'Ad"Al day of I Alm-A 2002, upon consideration of the Plaintiff's Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiff's good faith efforts to ascertain the present whereabouts of Defendant, Donald W. Farber, has been unsuccessful, it is, ORDERED and DECREED: that Plaintiff's Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant by posting a copy of the Complaint upon the premises 98 Schoolfield Drive, Carlisle, PA 17013 and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address of 98 Schoolfield Drive, Carlisle, PA 17013, and r,,,Rree.:?+.:. O-c orb P.. R. C. P. Y ? 0 (b) (?) . ions, peti ions r-o NMTET" ast ]csaow:: aid=eae a::8 -hat Notsee of to n ^aa^^ ?+? rPrt'f'<d and r til ar mail a A , BY H J. Cr? 0" 3_?-oz t??ir?,?r,? srara??+ ?QI S?'! %Z ? i'!d Zi'.. Ei ? ? „i l' _ _rr 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 COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 Plaintiff VS. BRENDA S. FARBER DONALD W.FARBER 98 Schoolfield Drive Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-411 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. GOLDBECK,McCAFFERTY & McKEEVER By Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff C7 <1 t' ?r rs ?i _.? ?C n? =' -; : r.? U, c:: _ r?". ?'; •=' c :' ir =? i 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 COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 VS. BRENDA S. FARBER and DONALD W. FARBER Mortgagor(s) 98 Schoolfield Drive Carlisle, PA 17013 Defendant(s) CERTIFICATE OF SERVICE IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-411 CIVIL TERM JOSEPH A. GOLDBECK, JR. ESQUIRE hereby certifies that on q _ I- ® a he did serve upon Defendant(s) BRENDA S. FARBER and DONALD W. FARBER a true and correct copy of the above-captioned Complaint by certified and regular mail in accordance with the Court Order dated MARCH 22, 2002. The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, GOLDBECK McCAFF RTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ESQUIRE e y" N ei '1 -- {{ 77 Cl?? { CA) J C r ) W =G SHERIFF'S RETURN - REGULAR CASE NO: 2002-00411 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLUMBIA NATIONAL INC VS FARBER BRENDA S ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon the FARBER DONALD W 2002 DEFENDANT at 1446:00 HOURS, on the 3rd day of April at 98 SCHOOLFIELD DRIVE by handing to CARLISLE, PA 17013 POSTED PROPERTY AT 98 SCHOOLFIELD DR. CARLISLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Posting 6.00 Surcharge 10.00 .00 37.45 Sworn and Subscribed to before me this jot day of n p zoo.& A. D. othonotary so Answers: R. Thomas Kline 04/04/2002 GOLDBECK MCCAFFERTY MCKEEVER By : -Ak6`t. Deputy Sh?ez`iff In the Court of Common Pleas of Cumberland County COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 2 1 046-2 1 32 BRENDA S.FARBER vs. DONALD W.FARBER (Mortgagor(s) and Record Owner(s)) 98 Schoolfield Drive Carlisle, PA 17013 Plaintiff Defendant(s) PRAECIPE FOR JUDGMENT No. 02-411 CIVIL TERM 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. Enter the Judgment in favor of Plaintiff and against BRENDA S. FARBER and DONALD W. FARBER by default for want of an Answer. Assess damages as follows: Debt $179,847.09 Interest - 07/01/2001 to 05/29/2002 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 , Jr. Wff I.D. #16132 AND NOW ( ?UU? , Judgment is entered in favor of COLUMBIA NATIONAL INC. a against BRENDA S. FARBER and DONALD W. FARBER by default for want of an Answer and damages assessed in the sum of $179,847.09 as per the above c ification. Prothonotary ??? l j mr-. rfr _ _ , -G' c. .. ?a ? , ``_77 O 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 COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 vs. BRENDA S.FARBER DONALD W.FARBER (Mortgagor(s) and Record owner(s)) 98 Schoolfield Drive Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 02-411 CIVIL TERM ORDER FOR JUDGMENT Please enter Judgment in favor of COLUMBIA NATIONAL INC., and against BRENDA S. FARBER and DONALD W. FARBER for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $179,847.09. I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 and that the name(s) and last known address(es) of the Defendant(s) is/are BRENDA S. FARBER, 98 Schoolfield Drive Carlisle, PA 17013 and DONALD W. FARBER, 98 Schoolfield Dr' a arlisle, PA 17013; (iULDBEC c FERTY & McKEEVER BY. Joseph F ol ck, Jr. Attorney fo intif TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $158,549.08 Interest from 07/01/2001 through $10,486.16 05/29/2002 Attorney's Fee at 5.0000% of principal $7,927.45 balance Late Charges $563.80 Costs of Suit and Title Search $750.00 Escrow Balance Deficit $1,570.60 ($0.00) $179,847.09 GOL K M ARTY & McKEEVER BY: Jose i A. G d eck, Jr. Attorney r Plai ti AND NOW, this 3 l day of " , 2002 damages are assessed as above. Pro Pro by ASSESSMENT OF DAMAGES C') -1 C. Z't' TM 1l l i l ., 1-t tD =< PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Lori Saylor, Classified Advertising Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAI" CIVIL ACTION-LAW NO. 02-411 NOTICE OF ACTION IN MORTGAGE FORECLOSURE COLUMBIA NATIONAL INC., PLAINTIFF vs. BRENDA S. FARBER and DONALD W. FARBER, MORTGAG- OAS AND REAL OWNERS, DEFENDANT(S) TO: DONALD W. FARBER, Mortgagor and ReW Owner, Defendant., whose last known address is 98 School- field Drive, Carlisle, PA 17013. THIS 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. You are hereby notified that Plaintiff, COLUMBIA NATIONAL INC., has filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to NO. 02-411, wherein Plaintiff seeks to foreclose on the mortgage secured on your property located, 98 Schoollield Drive, Carlisle, PA 17013, whereupon your property would be sold by the Sheriff of Cumberland County. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set for against you. You are warned that if you fail to do so the case may proceed without you and a judgement 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 p?aperty 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 LEGAL SERVICES INC. 8 Irvine Row Carlisle, PA 17013 717-243-9400 JOSEPH A. GOLDBECK, JR. ATTORNEY FOR PLAINTIFF GOLDBECK McCAFFERTY & McKEEVER, P.C. Suite 500, The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 ADril 5. 2002 Aff!ant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. April 10, 2002 Sworn to and subscribed before me this 10th day of April _'2002. Notary Public My commission expires: SHIRLEY 3. Carlisie ! t)C? N Cemr;Is? a? i ; 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 printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz APRIL 12, 2002 Affrant 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 Rog r M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 12 day of APRIL. 2002 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, BRENDA S. FARBER, is about unknown years of age, that Defendant's last known residence is 98 Schoolfield Drive, Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That 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 Action of Congress of 1940 and its Amendments. Date: VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, DONALD W. FARBER, is about unknown years of age, that Defendant's last known residence is 98 Schoolfield Drive, Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That 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 Action of Congress of 1940 and its Amendments. Date: f Y I ?-N , 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. DATE OF THIS NOTICE: May 3, 2001 TO: BRENDA S.FARBER 98 Schoolfield Drive Carlisle, PA 1.7013 COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 vs. BRENDA S. FARBER DONALD W.FARBER (Mortgagor(s) and Record Owner(s)) 98 Schoolfield Drive Carlisle, PA 17013 Plaintiff In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 02-411 CIVIL TERM Defendant(s) TO: BRENDA S. FARBER 98 Schoolfield Drive Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARAM PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES ( OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DA FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOUI TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANN( AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU Ch GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 Lilxiiy Avenue Cm 'lisle, PA 17013 LEGAL SERVICES INC s Irvine Row Carlisle, PA 17013 717-243-0400 4?Q&Omqk GO C IcCAFFER {EEVER B seph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. I I 1 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 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. DATE OF THIS NOTICE: May 3, 2002 TO: DONALD W.FARBER 98 Schoolfield Drive Carlisle, PA 17013 COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 vs. BRENDA S. FARBER DONALD W.FARBER (Mortgagor(s) and Record Owner(s)) 98 Schoolfield Drive Carlisle, PA 17013 Plaintiff In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 02-411 CIVIL TERM Defendant(s) TO: DONALD W.FARBER 98 Schoolfield Drive Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARAN( PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES ( OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DA` FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOUI TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANN( AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU C? GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 3 Lilxily Avenue Cndisle, PA 17013 LEGAL SERVICES INC % Irvine Raw Cn lisle, PA 17013 717-z43-0400 ellrRill cCAFFEREVER O*seph . Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 Plaintiff VS. No. 02-411 CIVIL TERM BRENDA S.FARBER DONALD W.FARBER (Mortgagors and Record Owner(s)) 98 Schoolfield Drive Carlisle, PA 17013 Defendant(s) 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 Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary By: 4 Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 p r 7-1 l t7 -,G I ?. ?- 01i 1 1 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 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 COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 2 1 046-2 1 3 2 VS. BRENDA S.FARBER DONALD W.FARBER Mortgagor(s) and Record Owner(s) 98 Schoolfield Drive Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-411 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $179,847.09 Interest from 07/01/2001 to 05/29/2002 at 7.2500% (Costs to be added) & McKEEVER BY: Joseph A. Attorney for P. a a ? O W ? r-7 H z Esc o H"c z 14 d N Z a ? O F o-x"r z 0 W O ?'? M W . . c A o W w3 b?a zz o c ?y 00 U °i W C4 A ? W W L N ti Ga co o?? N A O U M CU 0 u C b u ? k ?1 U WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 AND Rule 3257 COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 In the Court of Common Pleas of Cumberland County VS. BRENDA S.FARBER DONALD W. FARBER No. 02-411 CIVIL TERM 98 Schoolfield Drive Carlisle, PA 17013 WRIT OF EXECUTION (MORTGAGE FORECLOSURE) Commonwealth of Pennsylvania: County of Cumberland To the Sheriff of Cumberland County, Pennsylvania To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: PREMISES: 98 Schoolfield Drive Carlisle, PA 17013 See Exhibit "A" attached AMOUNT DUE $179,847.09 Interest From 07/01/2001 Through 05/29/2002 Dated: (Costs to be added) Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania Deputy ? M Q w o z ? z wa N h O Q ?^ QG' ` U W ?? ? o vU u. d z ?, w3 one > ? > X w F., _ O ? . v F• d QQ?°q w0 N j ? ? z 'O F LL) . .yy C z ? a m? $ 3 o ? z o y, u ?3 o ? vv vi cv es F» s ? ? ? ? ? M b0 O = ? ? V d y ? O C ? .N... V ? w F C) E.,wGlaxFw:? ?aw?cnQ Q o ° u w O x ti u u ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described pursuant to a Final Subdivision Plan for Carlisle Area School District, recorded in Cumberland County Plan Book 44, Page 56, as follows: BEGINNING at a point on the western right of way line of south Pitt Street (60 foot right of way), at the northeastern corner o£ Lot No. 4 as shown on the above described Subdivision Plan, thence by said Lot No. 4, North 83 degrees 53 minutes West 145.00.feet to a point in the line of Lot No. 2 as shown on said Plan; thence by said Lot No. 2, North 00 degrees 07 minutes East 93.45 feet to a point; thence, continuing by said Lot No. 2, South 89 degrees 53 minutes East"127.86 feet to a point; thence continuing by said Lot No. 2, by a curve to the'right having a radius of 25 feet, an arc distance of 41.89 feet to a point on the western right of way line of South Pitt Street; thence by said western right of way line of South Pitt Street, South 06 degrees 07 minutes West 81.43 feet to a point of said western right of way line of South Pitt Street, the point and place of BEGINNING. BEING Lot No. 5 as shown on the above Subdivision Plan, containing 15,016 square feet and known as 98 Schoolfield Drive, Carlisle, Pennsylvania. TAX PARCEL #04-23-0600=180C - C QM ---t W1?? c= MIS'. ? j CD °r? .v (D Fn 3 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 COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 Plaintiff vs. BRENDA S.FARBER DONALD W.FARBER (Mortgagor(s) and Record Owner(s)) 98 Schoolfield Drive Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 02-411 CIVIL TERM COLUMBIA NATIONAL INC., Plaintiff in the above action, by its attorney, Joseph A. 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: 98 Schoolfield Drive Carlisle, PA 17013 I.Name and address of Owner(s) or Reputed Owner(s): BRENDA S. FARBER 98 Schoolfield Drive Carlisle, PA 17013 DONALD W.FARBER 98 Schoolfield Drive Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: BRENDA S.FARBER 98 Schoolfield Drive Carlisle, PA 17013 DONALD W.FARBER 98 Schoolfield Drive Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. . DATED: May 29, 2002 GO1 CK crdb NcERr.Y & McKEEVER BY: o ph ?ck, Jr., Esq. Atto for ai ,? n ``? ?' c. . + -rc '1 ? 6 ri ?i _ GP'I':. ;r7 _ ;;7- t G_ :,( ) _ 4. ? -v ' i j J' j ? _ ? .....?? " v ?r 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 COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 Plaintiff VS. BRENDA S. FARBER DONALD W. FARBER Mortgagor(s) and Record Owner(s) 98 Schoolfield Drive Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-411 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: FARBER, BRENDA S. BRENDA S. FARBER 98 Schoolfield Drive Carlisle, PA 17013 Your house at 98 Schoolfield Drive, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 04, 2002, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $179,847.09 obtained by COLUMBIA NATIONAL INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to COLUMBIA NATIONAL INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below 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 NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 C7 C C V I r I r_c -c?1 J l? .?L ! I 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 COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 Plaintiff VS. BRENDA S. FARBER DONALD W.FARBER Mortgagor(s) and Record Owner(s) 98 Schoolfield Drive Carlisle, PA 17013 Defendant(s) Term No. 02-411 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: FARBER, DONALD W. DONALD W. FARBER 98 Schoolfield Drive Carlisle, PA 17013 Your house at 98 Schoolfield Drive, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 04, 2002, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $179,847.09 obtained by COLUMBIA NATIONAL INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to COLUMBIA NATIONAL INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 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 below 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 NOT TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 C) C-D C r•.a Zr7 U ?? r Jospeh 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 COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 vs. BRENDA S. FARBER DONALD W.FARBER Mortgagor(s) and Record Owner(s) 98 Schoolfield Drive Carlisle, PA 17013 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County Defendant(s) CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 02-411 CIVIL TERM CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. ? (V : t r -r -0 CL ?ti 1` I 1 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 COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 Plaintiff vs. BRENDA S. F'ARBER DONALD W.FARBER Mortgagors and Record Owners 98 Schoolfield Drive Carlisle, PA 17013 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-411 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). JD A S - ?f?k Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs 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. c? ?La AA Premises was posted by Sheriffs Office/oempeter?-?? (copy of return attached). Q F? FiII (/`) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). (Xj 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). The undersigned understands that the statements herein are subject to the penalties provided by 18 P. S. Section 4904. illy submitted, 6h-4k. Goldbeck, Jr. for Plaintiff y QT 3 74 m V O V 0 3 v O a 1 m Y ; ??sRg ? q i O a, V io z• . II rY}OL z% ai tt glary I 1 .11 M ? ^ .? 5 1y?n 1 r-4 , . 4.2 (n A W N O (D OD e r °z ? O ^ q A s Z o c n3 u v u e 3 ? ss a 3 b t 4 J I Ol ( U I Q I W I N I ?_? I r ' l w b M I ya3 j C O !'1 'e 2?ST+ QM Y 00 D o~ m J n A y A Z W l®?r•? jo ? 7S V m ro r ? u m2 •.d r?... w ??M a?+v o z PL o o J a a o ? m ? C7 p fJ1 7 r z m III 7 ? co o ? ? G z 9 s a? y r ? 7 O ? oooo W w n ? w ? s''u'eo ? ry „ O h n a r 3 q N W .man . O i Y f1 e m ? Y n i ^ ? 'n - O Y ? L n Z n -? n w Y Y CID m. ?C7 qq . 6 c w F a d. ?INa PY ?d L: C, \NO 0 C, ^! jM. n pA b' D o !o n 4 t Columbia National, Inc. In the Court of Common Pleas Vs Cumberland County Pennsylvania Brenda S. Farber and Writ No. 2002-411 Civil Term Donald W. Farber Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on June 7, 2002 at 3:54 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Brenda S. Farber, by making known unto Brenda S. Farber, personally, at 98 Schoolfield Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on June 7, 2002 at 3:54 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Donald W. Farber, by posting the premises located at, 98 Schoolfield Drive, Carlisle, Cumberland County, Pennsylvania pursuant to a court order. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 8, 2002 at 9:25 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Brenda S. Farber and Donald W. Farber, located at 98 Schoolfield Drive, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Brenda S. Farber, by regular mail to her last known address of 98 Schoolfield Drive, Carlisle, PA 17013. This letter was mailed under the date of July 16, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Donald W. Farber, by regular mail to his last known address of 98 Schoolfield Drive, Carlisle, PA 17013. This letter was mailed under the date of July 16, 2002 and never returned to the Sheriff's Office. Sworn and subscribed to before me R. Thomas Kline, heriff B Real Estate eputy This day of 2002, A.D. Prothonotary 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 COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff VS. BRENDA S. FARBER DONALD W.FARBER Mortgagors and Record Owners 98 Schoolfield Drive Carlisle, PA 17013 CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-411 CIVIL TERM Defendants AFFIDAVIT PURSUANT TO RULE 3129 COLUMBIA NATIONAL INC., Plaintiff in the above action, by its attorney, Joseph A. 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: 98 Schoolfield Drive Carlisle, PA 17013 1.Name and address of Owners or Reputed Owners: BRENDA S.FARBER 98 Schoolfield Drive Carlisle, PA 17013 DONALD W.FARBER 98 Schoolfield Drive Carlisle, PA 17013 2. Name and address of Defendants in the judgment: BRENDA S. FARBER 98 Schoolfield Drive Carlisle, PA 17013 DONALD W.FARBER 98 Schoolfield Drive Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: ARWI 002 Q 4omey CK cCAFFE TY & McKEEVER eph A. Goldbeck, Jr., Esq. for Plaintiff ZC-' N ,fir C C i . 0 _ s *; - I v c,a 7160 3901 9844 8592 3089 TO: FARBER, DONALD W. DONALO W. FARBER 98 Schoolfield Drive Carlisle, PA 17013 SENDER: GOLDBECK MCCAFFERTY & MCKEEVER May 29, 2002 REFERENCE: FARBER, BRENDA S. / PW-0695 q'Lf IDS - Cumberland j RETURN Postage i RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail AFFIX POSTAGE TO MAIL PIECE TO COVER FIRST CLASS POSTAGE, CERTIFIED FEE, RETURN RECEIPT FEE AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. 1. Detach the form 3811, Domestic return receipt by tear- ing left to right across perf. Attach to mailpiece by peeling back the adhesive strips and affixing to front of mailpiece if space permits. Otherwise affix to back of mailpiece. 2. If you do not want the receipt postmarked, stick the article # label to the right of the return address, date receipt and retain the receipt. 3. If you want this receipt postmarked, slip the 3800 receipt between the return receipt, and the mailpiece, and slide the edge of the receipt to the gummed edge of adhesive. This will hold the receipt in place to present to your mailcenter, or post office service window. (SEE ILLUSTRATION) Intel ..Y1 ,mm n m. uo rale,e • . Ya....... a Y. Ran wm ?O 1sa Meat tnkinae9 DN. gMM 1994 .MaRkmakel AJJJJL...YJ Davie D. One Legal Segment Marketing Manager Welc Portal 5olutlone. inc. 1 age Sou10 vitalen Rd. Suite 110 Fellbrcok, LA 93020-0113 4. Enter fees for the services requested in the appropriate spaces on the front of this receipt. 5. Save this receipt and present it if you make an inquiry. 7160 3901 9844 8592 3072 TO: FARBER, BRENDA S. BRENDA S. FARBER 98 Schoolfield Drive Carlisle, PA 17013 SENDER: GOLDBECK MCCAFFERTY & MCKEEVER May 29, 2002 REFERENCE: FARBER, BRENDA S. / Pw-0695 9 I L f10Z - Cumberland RETURN rostage RECEIPT Certified Fee SERVICE Return Receipt Fee Total Postage & Fees US Posta Recei 7 Ma111 Certifie No Insurance Coveg Do Not Use for International Mail ------ - - -------- 91< OR DA C"1 AFFIX POSTAGE TO MAIL PIECE TO COVER FIRST CLASS POSTAGE, CERTIFIED FEE, RETURN RECEIPT FEE AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. Detach the form 3811, Domestic return receipt by tear- ing left to right across perf. Attach to mailpiece by peeling back the adhesive strips and affixing to front of mailpiece if space permits. Otherwise affix to back of mailpiece. 2. If you do not want the receipt postmarked, stick the article # label to the right of the return address, date receipt and retain the receipt. 3. If you want this receipt postmarked, slip the 3800 receipt between the return receipt, and the mailpiece, and slide the edge of the receipt to the gummed edge of adhesive. This will hold the receipt in place to present to your mailcenter, or post office service window. (SEE ILLUSTRATION) L„I.I.AAM......Y J A .. P..le O. Yae enepr t e .. Melr Iee ? 6olul 1R d$ Felleraol, CJ 1tOt1 idle 11D Y. M1m NYr,e In A4Y1B 01m, 0111, 61fY Is Y...I.A.Aee.... I '! oe.la D. Do. oP Segment Mer Fellny Waiz Yeneyer t W eli PoHel --I.. Ad IS. 1688 Soul, 11192108 e 11p FellEroo X, CR 840]8--1<1gyb1,1 ? t 4. Enter fees for the services requested in the appropriate 3 spaces on the front of this receipt. i 5. Save this receipt and present it if you make an inquiry. uwr11rirrrr COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Natl Mt Assoc is the grantee the same having been sold to said grantee on the 4th day of Sept A.D., 2002, under and by virtue of a writ Execution issued on the 31 st day of May, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 411, at the suit of Columbia Natl Inc against Brenda S Farber & Donald W is duly recorded in Sheriff's Deed Book No. 253, Page 3705. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 016 day of p?L , A.D. 2002 6. Recorder of Deeds My conwonion Dom ft Rd of JKL 2M Columbia National, Inc. In the Court of Common Pleas Vs Cumberland County Pennsylvania Brenda S. Farber and Writ No. 2002-411 Civil Term Donald W. Farber Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on June 7, 2002 at 3:54 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Brenda S. Farber, by making known unto Brenda S. Farber, personally, at 98 Schoolfield Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on June 7, 2002 at 3:54 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Donald W. Farber, by posting the premises located at, 98 Schoolfield Drive, Carlisle, Cumberland County, Pennsylvania pursuant to a court order. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 8, 2002 at 9:25 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Brenda S. Farber and Donald W. Farber, located at 98 Schoolfield Drive, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Brenda S. Farber, by regular mail to her last known address of 98 Schoolfield Drive, Carlisle, PA 17013. This letter was mailed under the date of July 16, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Donald W. Farber, by regular mail to his last known address of 98 Schoolfield Drive, Carlisle, PA 17013. This letter was mailed under the date of July 16, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County Pennsylvania, on September 4, 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck for Federal National Mortgage Association. It being the highest bid and the best price received for the same Federal National Mortgage Association of 1900 Market St., Suite 800, Philadelphia, PA 19103, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $742.47, it being costs. Sheriff's Costs Docketing $30.00 Poundage 14.56 Posting Handbills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Certified Mail 1.16 Levy 15.00 Surcharge 30.00 Posting 6.00 Law Journal 274.70 Patriot News 212.95 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriff's Deed 29.50 $ 742.47 paid by attorney 9/19/02 Sworn and subscribed to before me So This U day of ®c", R. Thomas Kline, Sheriff 2002, A.D. _?? 2?vtY Cc 2pc? , p, ?R Cam' Prothonotary Real Estate Deputy L' N a 3° UL 3 P.221 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 COLUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 vs. Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County BRENDA S. FARBER CIVIL ACTION - LAW DONALD W.FARBER (Mortgagor(s) and Record Owner(s)) 98 Schoolfield Drive ACTION OF MORTGAGE FORECLOSURE Carlisle, PA 17013 Defendant(s) I No. 02-411 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 COLUMBIA NATIONAL INC., Plaintiff in the above action, by its attorney, Joseph A. 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: 98 Schoolfield Drive Carlisle, PA 17013 LName and address of Owner(s) or Reputed Owner(s): BRENDAS.FARBER 98 Schoolfield Drive Carlisle, PA 17013 DONALD W.FARBER 98 Schoolfield Drive Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: BRENDA S. FARBER 98 Schoolfield Drive Carlisle, PA 17013 DONALD W.FARBER 98 Schoolfield Drive Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest maybe affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section relating to unswom falsification to authorities. 4904 DATED: May 29, 2002 06/06/2002 THU 17:12 FAX GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. . AlLumcy 1.D.9I6132 Suitc 500 - The Rmn-5e Bldg. 111 S. Tndcpendeoce Mail cast Pltilndelphia, IA 19106 215.627-1322 Artomey for Plahtriff CULUMBIA NATIONAL INC. 7142 Columbia Gateway Drive Columbia, MD 21046-2132 Plaintiff" V,9, BRENDA S. FARBF.R DONAT,I1 W. FARDE•R Mortgagor(s) and Record Owner(s) 98 Schnolfield Drive Carlisle, PA 17013 Defendant(s) Term No. 02-411 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING '1'O COLLECT A DEBT. THIS NOTICE 15 SE14T" TO YOU IN AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPF,RTY I'O: MK6LR, 00NAI.I7 W. DONALD W,FARBER 98 Schoalfield Urive Carlisle, PA 17013 Your house at 98 Schoolfield Drive, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, Scptctnber 04.2002, at 10:00 AM, in Cnmmissionets Hearing Rm2nd FT_ Courthouse to enforce the courrjudgmenl of $179,847.09 obtained by COLUMBIA NATIONAL INC. against you. NOTICE OF OWNERS RICIrrS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must lake immediate action: I. The sale will be cancelled if you pay to COLUMBIA NATIONAL INC., the back paymonts, late charges, ousts end reasonable attorney's fees due. To find out ]tow much you must pay call: 215.627.1322 2. You May be able to stnp the sole by filing at petition asking the Court to strike or opeiijudgmeni, the judglllent was improperly entered. You may also ask the Court to postpone the sale for good cRuse. if IN TIIE COURT OF COMMON PLEAS of C omberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE R008/019 3. Yntl may also be able to stop tho salt through other legal proceedings. 06/06/M2 THU 13:12 F9% You may need an attorney to assert your rights. Tile sooner you contact one, the more chance you will have of stollping the sale. (See notice below on how to obtain an attorney). Jr I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-24U.6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate cnmparcd 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 of 717.240-6390. 4. 11 the umuun. due lion the Buyer is not paid to the Sheriff, you will remain the owner of tho property as if the sale never happened, ?. You have a 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 muy be entitled to a sharp 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 Shcriff thirty (30) days front the date of the Shetiffh Side. This schedule will state who will be receiving that ttioney. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Shcritf within ten (1 n) days after the schedule of distribution is filed. t You nuav also have other rights and defenses, or ways of getting your house back if you act immediately a11cr the sale. YOU SHOULD TAKE THIS PAPER TO YOUR 1,A WY6R AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OL?T WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1? 009/019 LF,GALSERVICES INC s Irvine Row Carlisle, PA 17013 06/.06/2002 THU 13:12 FAX GOLDBECK MCCAFFERTY & McKEEt'ER BY: Joseph A. Goldbeck, Jn Attorney l.D.916132 Suite 500 - The Rratrse Bldg. 111 S. htdependeace Mall Last Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff a006/019 COLUMBIA NATIONAL INC.. 7142 Columbia Gateway Drive Columbia, MD 2 1 046-2 1 32 Plaintiff vs. BRENDA S.FARBER DONALD W. FAR13ER Mortgagor(s) and Record Owner(s) 98 School livid Drive Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW AtJ-TlON OF MORTGAGE FORECLOSURE Term No. 02411 CTV1I, TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WF, ARE ATTEMPTING TO COTJ,F,CT A DEBT. THIS NOTICE T5 SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY f0: rARBLR. BRENDA S. BRENDA S. rARBER 9R Schonlfield Drive Carlisle, PA 17013 Your house at 98 Schnnlfield Drive, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale an Wednesday. Seprember 04, 2002, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to cnfnrce the court judgmenr of $179,847.09 obtained by COLUMBIA NATIONAL INC. against yon. YOU MAY BE ABLE TO PRF,VENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be candled if you pay to COLUMBIA NATIONAL INC., the back paymmits, late charges, co..ta and rcasunablc attorney's fees due. To Lmd out haw much you must pay call: 215-627-1322 2 You may be able to stop the sale by fling a petition asking the Court to strike or open judgment, if the judgment was improperly cntcrcd. You may also ask the Covet to postpone the sale for guud cauac. 3. You may also be able to stop the sale through other legal proceedings. 06/.06/2002 THU 13:12 FAX y 0v rosy need An enomcy to assert your rights. The sooner you contact one, The more chance you will hay c ol'slopping the sale. (See notice below an how to obtain an attorney). YOU MAY STILL BE ABLE. TO SAVE YO UR PROPERTY AND YOU HAVE OTHER RICITTS EVEN IF THE SHF.RTFT'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be snld to the highest bidder. You may fund out the price bid price by calling The Sheriff of 717.240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out il'this has happened, you may call the Sheriff 01'717-240-6390, 4. 11 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. S. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gi?cs it decd to the buyer. At that time, the buyer may bring legal proceedings to evict you, 6. You me), be entitled to a share of the money which was paid for your house. A schedule of distribution ul the money hid for your house will be filed by the 5heriff thirty (30) days front the date of the Sheriffs 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 schedule of distribution is filed. 7. You ntay also have other rights and defenses, or ways ol'getting your house back, if you act immediately alley the sale. YOU SHOULD TAKT... TTIIS PAYER TO YOUR LAWYER N17 ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELL-PHONF. THE. OFFICE, LISTED BELOW TO FIND OUT wj.iERE YOU CAN GET LF.CiAT. HELP. CUMBERLAND COUNTY BAR ASSOCIATTON 2 Liberty Avemte Carlisle, PA 17013 Z007/019 LEGAL SERVICES INC. 8 Trvine Row Carlisle, PA 17013 ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described pursuant to a Final Subdivision Plan for Carlisle Area school District, recorded in Cumberland County Plan Book 44, Page 56 as follows: BEGINNING at a point on the western right of way line of South Pitt Street (60 foot right of way), at the northeastern corner of Lot No. 4 as shown on the above described Subdivision Plan, thence by said Lot No. 4, North'83 degrees 53 minutes West 145.00.feet to Lot No. saidiLot1No. 2 1Northf00 degrees 07 minutesshown by a point; thence, continuing by said Lot No. 2, South 89 degrees 53 minutes East"127.86 feet to a point; thence continuing by said Lot No. 2, by a curve to the'right having a radius of 25 feet, an arc distance of 41.89 feet to a point on the western right of way line of South Pitt Street; thence by said western right of way line of South Pitt Street, South 06 degrees 07 minutes West 81.43 feet to a point of said western right of way line of South Pitt Street, the point and place of BEGINNING. BEING Lot No. 5 as shown on the above Subdivision Plan, containing 15,018 square feet and known as 98 Schoolfield Drive, Carlisle, Pennsylvania. TAX PARCEL #04-23-0600=180C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-411 Civil CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due COLUMBIA NATIONAL, INC. PLANTIFF(S) From BRENDA S. and DONALD W. FARBER, 98 SCHOOLFIELD DR., CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant(s) and to sell REAL ESTATE LOCATED AT 98 SCHOOLFIELD DR., CARLISLE PA 17013 (SEE ATTACHED LEGAL DESCRIPTION.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $179,847.09 Interest 7/1/01 - 5/29/02 @ 7.2500% Atty's Comm % L.L. $.50 DueProthy $1.00 Other Costs Arty Paid $156.90 Plaintiff Paid Date: MAY 31, 2002 REQUESTING PARTY: Name JOSEPEH A. GOLDBECK, JR., ESQUIRE Address: STE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA PA 19106 Attorney for: PLAINTIFF Telephone: (215) 627-1322 Supreme Court ID No. 16132 CURTIS R. LONG Prothonotary, Civil Division By: ?M L- Z Real Estate Sale # 38 On June 7, 2002 the sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA known and numbered as 98 Schoolfield Dr., Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 7, 2002 By: ?,?Io V SvvL ux Real Estate Deputy ddi27?"c + _ ? , ? tiny SJ 4 GiD r*o ?r 1w , THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general 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 23rd and 30th day(s) of July and the 6th day(s) of August 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ........;::....... ...n? ....... ?%? ....................... COPY sc be 14th day of AugACi002 A.D. l SALE #38 ea Notaria . Russell, Notary Public t i C 7 REAL ESTATE SALE No. 38 oun y n arrisburg, Dauph City Writ No. 2002-411 ission ExpiresJune 6, 2006 NOTARY PUBLIC Civil C Columbia Columbia l Ter National Inc. Member. Pennsylvania Association Of Notaries My commission expires June 6, 2006 vs Brenda S. Farber and Donald W. Farber CUMBERLAND COUNTY SHERIFFS OFFICE Atty: Joseph Goldbeck, Jr. DESCRIPTION CUMBERLAND COUNTY COURTHOUSE ALL THAT CERTAIN tract of land, together with CARLISLE, PA. 17013 the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and Statement of Advertising Costs described pursuant to a Final Subdivision Plan for Carlisle Area School District, recorded in To THE PATRIOT-NEWS CO., Dr. Cumberland County Plan Book 44, Page 56, as follows; BEGINNING at a point on the western For publishing the notice or publication attached right of way line of south Pitt street (6t. toot right hereto on the above stated dates $ 21 1 .20 of way), at the northeastern comer of Lot No.4 as shown on the above described subdivision Plan, Probating same Notary Fee(s) $ 1.75 thence by said Lot No.4, North 83 degrees 53 Total $ 212.95 minutes West 145.00 feet to a point in the tine of Lot No.2 as shown on said Plan; thence by said Lot No?.North Wdegrees 07minatesEast 93.45 Publisher's Receipt for Advertising Cost The Patriot News Co. , publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledg e receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. feet to ? pont: thence, continuing iy said Lot No.', south 89 degrees 53 minutes east 127.86 feet to a point; thence continuing by said Lot No.2, by a curve to the right having it radius of 25 feet, an arc distance of 41.89 feet to it point on the western right of way line of South Pitt Street; thence by said western right of way I ne of South Pitt Street, South 06 degrees 07 minutes West 81.43 feet to a point of said western right of way line of South Pitt Street, the point and place of BEGINNING. By BEING Lot No.5 as shown on the above Subdivision Plan, containing 15,018 square feet and known as 9P schn;;1F 1?1 Drive, Carlisle, Pennsylvania. TAX PARCEL #0423.0604 18OC. 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 printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 26, AUGUST 2, 9, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice: or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 38 Writ No. 2002-411 Civil Columbia National Inc. VS. Brenda S. Farber and Donald W. Farber Atty.: Joseph Goldbeck, Jr. ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in the Bor- ough of Carlisle, Cumberland Coun- ty, Pennsylvania, more particularly bounded and described pursuant to a Final Subdivision Plan for Carlisle Area School District, recorded in Cumberland County Plan Book 44, Page 56, as follows: BEGINNING at a point on the western right of way line of South Pitt Street (60 foot right of way), at the northeastern corner of Lot No. 4 as shown on the above described Subdivision Plan, thence by said Lot No. 4, North 83 degrees 53 min- utes West 145.00 feet to a point in Ro er M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST, 2002 LOBS E. SNYDED PW* M COFm"M E*M MKoh br 2006 the line of Lot No. 2 as shown on said Plan; thence by said Lot No. 2, North 00 degrees 07 minutes East 93.45 feet to a point; thence con- tinuing by said Lot No. 2, South 89 degrees 53 minutes East 127.86 feet to a point: thence continuing by said Lot No. 2, by a curve to the right having a radius of 25 feet, an arc distance of 41.89 feet to a paint on the western right of way line of South Pitt Street; thence by said western right of way line of South Pitt Street, South 06 degrees 07 minutes West 81.43 feet to a point of said western right of way line of South Pitt Street, the point and place of BEGINNING. BEING Lot No. 5 as shown on the above Subdivision Plan, contain- ing 15,018 square feet and known as 98 Schoolfield Drive, Carlisle, Pennsylvania. TAX PARCEL #04-23-0600- 180C. ?J