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Home My WebLink About01-3456 McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. 636 Grand Regency Boulevard Brandon, FL 33510 v. Holly L. Digiovanni 1318 Pine Road Carlisle, P A 17013 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 0 l - JI..J t"f::. CL>;tr~ CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE A VISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demand as en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso a notificacian. Ademas, la corte puede decidir a favor del demand ante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechas impartantes para usted. LLEVE EST A DEMANDA A UN ABOGADO INMEDlAT AMENTE. SI NO TlENE ABOGADO 0 SI NO TIENE EL DlNERO SUFICIENTE DE P AGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFIClNA CUY A DlRECClON SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENClA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. 636 Grand Regency Boulevard Brandon, FL 33510 Cumberland County Court of Common Pleas v. Holly L. Digiovanni 1318 Pine Road Carlisle, P A 17013 Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp., a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Holly L. Digiovanni, who is the mortgagor and real owner of the mortgaged property hereinafter described, and her last-known address is 1318 Pine Road, Carlisle, PA 17013. 3. On 12/27/99, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Ameriquest Mortgage Company which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1590, Page 851. 4. The aforesaid mortgage was thereafter assigned by Ameriquest Mortgage Company to Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp., Plaintiff herein, by Assignment of Mortgage to be recorded in the Office of the Recorder of Cumberland County. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "N' and is known as 1318 Pine Road, Carlisle, PA 17013. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/1/00 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. 7. The following amounts are due on the mortgage: Principal Balance Interest 10/1/00 through 5/3/01 (Plus $18.54 per diem thereafter) Attorney's Fee Late Charges Cost of Suit Appraisal Fee Title Search $65,773.78 $ 3,560.34 $ 3,288.69 $ 391.00 $ 225.00 $ 125.00 $ 200.00 GRAND TOTAL $73,563.81 8. 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. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.s. 8403) and notice required by the Emergency Mortgage Assistance Act of 1983 has been sent to Defendant by certified mail on the date set forth in the true and correct copies of such notices attached hereto as Exhibit "B." WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $73,563.81, together with interest at the rate of $18.54 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. -----r=-~~, \~') ~(Q~ g TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff ~ ~ Parcel Number: When recorded mail to: AMERIQUEST MORTGAGE COMPANY P.O. BOX 11507 SANTA ANA, CA 92711 loan No. 14496384-5697 [Space Above ThIs LIne For Recording Data] MORTGAGE T~IS MORTGAGE (.Security Instrument") is given on HOLLY L DIGIOVANNI December 27, 1999 . The mortgagor is ("Borrower")_ 1lris Security Instrument is given to AMERIQUESI' MORTGAGE COMPANY which is organized and existing under the laws of the State of Delaware , and whose address is ] 100 TOWN & COUNTRY RD., STE. 200 ORANGE, CA 92868 ("Lender"). Borrower owes Lender the principal sum of Sixty Six Thousand and no/l00------~.--.-----~--------------~----"-----.--------------------- -------------------------------------------------------------.--- Dollars (U.S. $ 66,000.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on January I, 2030 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, willi interest, and all renewals, extensions and modifications of the Note; (b) the payment of all ollier sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the perfonnance of Borrower's covenants and agreements under tbis Security InslrUment and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pennsylvania: LEGAL DESCRIPTION A1TACHED HERETO AND MADE A PART HEREOF EXHIBIT '~" which has the address of 1318 PINE RD CARUSLE Pennsylvania 17013 [Zip Code] ("Property Address"); PENNSYLVANIA.Single Family-FNMAIFHLMC WE HEREBY CERilFY THIS UN1J'ORMINSTRUMENT Form30399(9o-0 BE A TRUE M'[J (()fI:"JECT G -6HIPA) 194101.02 Amendad 12(9 " , . , f1age~oI6 400-1PA(IC,..2I9Il) Inililll.: .~PYOF1HEv'y;('!"';L. VMPMOI'ITGAGEFORMS-tSOOI521.n ~Y. /_ . AMERIQUEST MORTGAGE COMPANY [Street, Ciry]. .' .': of :r. '. ,~r'l '-- .-- .. ~ TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances. and fixtures now Dr hereafter a part of th7 property. All replacements and additions shall also be covered by this Security Instrument. All-of the foregoing is referred to in this Security [nstrument as the "Property." .. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. . 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums. if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items. ~ Lender may, at any time, collect and hold Funds in an amount not to exceed .the maxinrom amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time.. 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, 'at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. .' . The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender , if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account. or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the pwpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. [f, under paragraph 2], Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Fun~s held ~y Lender at the time of acquisition or ~ale as a credit against the sums secured by this Security Instrument. ' 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note: second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Chargl:Sj Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2. Or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. IC Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the c;:lbligation secured by the lien in a lIL'Ulner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in th~ Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instroment. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the acrtqpH!~~f9nh ab9ye'wlthin~lO days of the giving of notice. TO BE A TRUE N J ( 'I~ ~FCT COpy OF ThE (): :~l'-:"" .. .6HIPA} 119'p!.02 400-2PA (.... ~ ~. . J . * "" . AMERIOUEST ,.,'0i-1! GAGE COMPANY poge 2 01 8 Lo~~ No. 14496384-s69;1IIs:~ ~039 9(90 . s. Hazard or Property Insule. Borrower shall keep the improvements I. existing or hereafter erected on me Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flood.i!!g, for which Lender requires insurance., This insurance shall be maintained in the amounts and !or the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject 10 Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall induue a standard mortgage clause. Lender shall have the right to hold the policies and renewals. ]f Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. )n the event of loss, . Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower q'tl1erwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, .if the restoration 9r repair is economically feasible and Lender's security is not lessened. If the reslOration or repair is Dot economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied \0 the sums secured by this Security Instrument, whether or not then due, with any e;q:ess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender 1hat the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any applkatio'n of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 Or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this,Security [nstrument iIIU1\ediately prior to the acquisition, . - 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating Circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or lender'S security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18. by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith detennination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate infonnation or statements to Lender (or failed to provide Lender with any material. information) in conneclion with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. Jf this Security Instrument is on a leasehold, Borrower shaH comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights.in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affcx:t Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property arid Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under. this paragraph 7. Lender does not have to do so. Any amounts disbursed. by Lender under this paragraph 7 shall. become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shal~ bear interest from the dale of disbursement at the Note rate and shall be payable, wilh interest, upon 'notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of nlaking the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to oblain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent (0 the cost to Borrower of the mortgage insurcmce previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage in~rance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Le~ }I{~~glIltc~~~'.~,'r~these payments as a loss reserve in lieu of mortgage insurance. Loss reserve TO BE A ,.RUE p.ll~ cr'p8ECT _ COpy OF 1 HE ('1;.1 .~. )- " .~.EiH(PA) t94\9lP? 400-3PA (leY. Z/llll) ;;/-:" . AMERIOUEST MORTGAGE COMPANY Pogo J of 6 InI,I.Is: -11.../ .J.. Loan No. 14496384-5691 ~039 9/90 payments may no longer be reqUired'the option of Len dee, if mortgage insurance ~rage (in the amount and for the period that J..ender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiuq1S .required to maintain mortgage insurance in effect, or to provide 1I1oss reserve, until the requireme_nt for mortgage insurance ends in aocordance with any wrilten agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. CondeJDJUltion. The pr~s of any award or claim for damages. direct or consequential, in connection with any condemnation or other taking of any part Of the Property,' or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument. whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the .fair market value of the Property immediately before the taking is equal to or greater than the amount 'of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured inunediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial laking of the Property in which the fair market value of the Property immediately before the taking is less than the amoWIt of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless appliCable law otherwise provides. the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date, the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair ot"the Property or to the sums secured by this Security Instrument, whether or not then due. . Unless Lender and Borrower otherwise agree in writing, any application of proceed~ to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lendt:r to any successor in interest of Borrower shall not operate to release the liability of!pe original &rrower or Borrower's successors in interest. Lender shall not.be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any d~and made by the original Borrower or Borrower's successors in iQterest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound: Joint and Several Liability; Co-signers. The covenants and agree~nts of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17; Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage. grant and convey that Borrower's interest in the Property lUlder the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any acconunodations with regard to the tenns of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is fmally interpreted so that the interest or other loan charges collected or to be collected in connection with thc loan exceed the pennitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal ow~d under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requites use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is' located. In the event that any provision or clause of this Security Instrumcnt or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrowerh~m!Yu!:!9vrlM.e;rI~. ~gLven one conformed copy of the Note and of this Security Instrument. TO BE A TRUE I>.NO CORRECT . ~ . COpy OF THE 0, fl.,y I...'iars: . Go1>.6H(PAI C941 01.03 '.~ 2/98) _ . /- ___ Pago 401 6 Loan No. 14496384-5697 For 039 9/90 . AMERIOv::Sr ~.!t.;h' '~.!(~E .:OMPANY e e. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) wilhout Lender's prioLwritten consent, Lender may, at its option, require immediate payment in full of aU surns-secured by tliis Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law lIS of the date of this Security Instrument. If Lender e:r;ercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date lbe notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to l1ave enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of ajudgm~nl tmforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable a.ttorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the'surns secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. . . . 19. Sale of Note; Change orL<Jan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monlhly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will slate the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any olher information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shalL not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances lhat are generally recognized to be appropriate to nonnal residential uses and to maintenance of thl: Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or othcr action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory autlJority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Enviromnental Law. As used in 'this paragraph 20, ~Hll2aTdous Substances" are those substances defmed as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or tox.ic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaIdehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shaD give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Sec:urity Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides othenvise). Lender shall notify Borrower of, among other things: (a) the default; (0) the action required to cure the default; (e) when the default must be cured; and (d) tbat failure to cure the default as specified may result in acceleration of the sums secured by this ~urity Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further infonn Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured 8S specified, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs or title evidence to the extent perniitted by applicable Jaw. 22. Release. Upon payment of all swns secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument to Borrower. Borrower shall pay my recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable law. . 23. Waivers. Borrower, to the extent pennitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instroment, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. . 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security In:llrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this ~tit1.1InStnrrl1erll:Ql.all{belalJ!Urchase money mortgage. . TO BE A TRUE A~lD ('( lJRECT ~ COPY OF 1..,E l'. ~' :'. ~ -eHfPA) 194101.02 ~~^'~. VJ8) . _ Page 5016 Loan No. 14496384-56~;'IIs: F~ 3039 9/90 AMERIOUEST MOR: -.;.AGE COMPANY . 26. Interest Rate After JUd~. Borrower agrees that the interest rate pay. after ajudgrnent is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrmnent. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] [X] Adjustable Rate Rider D Graduated Payment Rider D Balloon Rider D'v A Rider D Condominium Rider D Planned Unit Development Rider D Rate Improvement Rider D Other(s) (specify] D 1-4 Family Rider D Biweekly Payment Rider D Second Home Rider BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this Security Instrument and i AAY rider(s) executed by Borrower and ed with it. . Witnesses: L H~~r"'~ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) .Borrower Certificate of Residence I, ~VAo'v~ ~. !Jot'f- the within-named Mortgagee is Witness my hand this 1100 TOWN & COUNTRY ORANGE, CA 92868 , ;)/~ day Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, On this, the ,27rc day of fj,:.c.fl"'l3* personally appeared CUMBERLAND County ss: , 1'1'11 , before me, the undersigned officer, known to me (or satisfactorily proven) to be the person whose name J J subscribed to the within icstrument and acknowledged that J J... ~ execu'oo the '''"'' fo, the p"'po,es herein cnntained. . ~] IN WI~ESS ~HEREOF, I hereunto set my hand and official seal. /' My Co' l. J Robin A ~Iarial Seal Camp Hill 8oroa~(i:,~~p'I,IbI;C~E RT FY THIS My Commission ~lP'i~!:S:~~r~~~'if~ i (':-:~lRECT NO illIG It DI/!t 'v I (,. COpy. . ..~lj Tilleo(Offlcer ' G-6H(PAtI9410J.02 ~^'r(llt.V.lII99).- -- - . /---nanrofO Loan No. 14496384-5697 llP AMEAlot i.:S' Moril..;AC-iE COMPANY HoU..."j L~ o I <;'10\J~jl.Jt-' J -~. .. 4 ",::,-::' ...... Fo~ 3035 ..giBO CHRISTEAN HUTCHINSON LOAN NO 2806404 DATE LETTER VER REQ DESCRIPTION DATE 05/07/01 04/04/01 XC535 018 AXP ACT 6 Cert Mail PA Breach *** (ACT 6) *** April 04, 2001 Holly L Digiovanni 1318 Pine Rd Carlisle, PA 17013 RE: ,HFS Loan No: 280640-4 Property Location: 1318 Pine Rd Carlisle PA 17013 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor: PF: 1 SC F EXHIB\l " B" Date: 05/07/2001 Time: 08:03:18 AM CHRIS~IAN HUTCHINSON LOAN NO 2806404 DATE 04/04/01 LETTER XC535 VER 018 REQ AXP DESCRIPTION DATE 05/07/01 ACT 6 Cert Mail PA Breach The mortgage hel.Q.or serviced by Household,Financial Services hereinafter we, us or ours) on your property located at: 1318 Pine Rd, Carlisle PA 17013, IS IN SERIOUS DEFAULT because you have not made the monthly payments since 12-01-00 through today. The total amount required to bring your mortgage current is calculated below. The last assessed late charge on this account was $ 35.60, at the late charge rate of.06000 for each del~nquent payment. As of today, late charges have accrued to the total amount of $ 355.40. Other charges, including LIST CHARGES have accrued to the total amount of $ 10.00. The total amount now required to cure this default and become current as of the date of this letter, is $ 4461.61. You may cure this default within THIRTY (30) DAYS of the date of this letter by paying $ 4461.61, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check, or money order, and made to: PF: 1 SC F 2 SC B Date: 05/07/2001 Time: 08:03:22 AM , CHRISTYAN HUTCHINSON LOAN NO 2806404 DATE 04/04/01 LETTER XC535 VER 018 REQ AAP DESCRIPTION DATE 05/07/01 ACT 6 Cert Mail PA Breach HOUSEHOLD FINANCIAL SERVICES - CPI Attn: Risk Management P.O. Box 2369 Brandon, FL 33509-2369 If you do not cure the default within THIRTY (30) DAYS, we intend exercise the lender's right to accelerate the mortgage payments. means that whatever is owing on the original amount borrowed will considered due immediately and you may lose the chance to payoff original mortgage in monthly installments. to This be the If full payment of the amount of default is not made within thirty (30) days, the lender also intends to instruct our law firm to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff or other similar official to pay off t~e mortgage debt. If you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred, up to PF: 1 SC F 2 SC B Date: 05/07/2001 Time: 08:03:24 AM , CHRISTIAN HUTCHINSON LOAN NO 2806404 DATE 04/04/01 LETTER XC535 VER 018 REQ ~P DESCRIPTION DATE 05/07/01 ACT 6 Cert Mail PA Breach $50.00. However~ if the legal proceedings' are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fee will be added to whatever you owe the lender, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. The lender may also sue you personally for the unpaid principal balance and all rither sums due under the mortgage. If you have not cured the default within the thirty (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one (1) hour before the sheriff's or other similar official's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments, plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a sheriff's or other similar official's sale could be held would be approximately seven (7) months from today. A notice of the date of the sheriff's or similar official's sale will be sent to PF: 1 SC F 2 SC B Date: 05/07/2001 Time: 08:03:27 AM CHRIS~IAN HUTCHINSON . . LOAN NO 2806404 DATE 04/04/01 LETTER XC535 VER REQ 018 AXP DESCRIPTION DATE 05/07/01 ACT 6 Cert Mail PA Breach 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 will be by calling us at (800) 395-3489. This payment must be cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a sheriff's or other similar official's sale will end your ownership of the mortgaged property, and your right to remain in it. If you continue to live in the property after the sheriff's or other similar official's sale, a lawsuit could be started to evict you. PF: 1 SC F 2 SC B Date: 05/07/2001 Time: 08:03:29 AM CHRIqTiAN HUTCHINSON LOAN NO 2806404 DATE LETTER VER REQ DESCRIPTION DATE 05/07/01 04/04/01 XC535 018 AXp. ACT 6 Cert Mail PA Breach PF: 1 SC F 2 BC B Date: 05/07/2001 Time: 08:03:32 AM . CHRIS~IAN HUTCHINSON LOAN NO 2806404 DATE 04/04/01 LETTER XC535 VER 018 REQ ~P DESCRIPTION DATE 05/07/01 ACT 6 Cert Mail PA Breach You shall have the right to assert in the foreclosure proceedings the non-existence of a default or any other defense that you may have to acceleration of foreclosure. You have additional rights to help protect your interest in the property. You have the right to sell the property to obtain money to payoff the mortgage debt, or to borrow money from another lending institution to payoff this debt. You may have the right to sell or transfer the property subject to the mortgage 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 under the mortgage are satisfied. Contact us to determine under what circumstances this right might exist. You have the right to have this default cured by any third party acting on your behalf. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Sincerely, HOUSEHOLD FINANCIAL SERVICES XC535/~p/280640-4 (Certified Mail) PF: 2 SC B Date: 05/07/2001 Time: 08:03:36 AM . CHRIS~iAN HUTCHINSON LOAN NO 2806404 DATE LETTER VER REQ DESCRIPTION DATE OS/22/01 04/04/01 XC534 020 AXP ACT 91 Cert Mail PA Breach April 04, 2001 Holly L Digiovanni 1318 Pine Rd Carlisle, PA 17013 RE: HFS Loan No: 280640-4 Property Location: 1318 Pine Rd Carlisle PA 17013 Dear Borrower: PF: 1 SC F Date: OS/22/2001 Time: 08:53:43 AM CHRI&T1AN HUTCHINSON LOAN NO 2806404 DATE 04/04/01 LETTER XC534 VER 020 REQ AXP DESCRIPTION DATE OS/22/01 ACT 91 Cert Mail PA Breach You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowner's Emergency Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. 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 a representative of this lender, or with a designated consumer credit counseling agency. The purpose of that meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no PF: 1 SC F 2 SC B Date: OS/22/2001 Time: 08:53:45 AM dHRIS~IAN HUTCHINSON LOAN NO 2806404 DATE 04/04/01 LETTER XC534 VER 020 REQ AXP DESCRIPTION DATE OS/22/01 ACT 91 Cert Mail PA Breach further proceedings in mortgage foreclosure may take place for (30) days after the date of this meeting. The name, address and telephone number of our representative is: Terrence McCabe 123 S. Broad St., Suite 2080 Philadelphia PA 19109 Telephone 215/790-1010 Facsimile 215/790-1274 The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. Your mortgage is in default because you have failed to pay promptly, installments of principal and interest as required for a period of at least sixty (60) days. The total amount of the delinquency is $ 4461.61. That sum includes the following: 5 monthly payments PF: 1 SC F 2 SC B Date: OS/22/2001 Time: 08:53:47 AM 0HRIS~1AN HUTCHINSON LOAN NO 2806404 DATE LETTER VER REQ DESCRIPTION DATE OS/22/01 04/04/01 XC534 020 AXP ACT 91 Cert Mail PA Breach of $ 593.39 each, late charges of $ 355.40 and NSF of $ 10.00. PF: 1 SC F 2 SC B Date: OS/22/2001 Time: 08:53:50 AM CHRISTIAN HUTCHINSON LOAN NO 2806404 DATE 04/04/01 LETTER XC534 VER 020 REQ AXP DESCRIPTION DATE OS/22/01 ACT 91 Cert Mail PA Breach If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowner's Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. PF: 1 SC F 2 SC B Date: OS/22/2001 Time: 08:53:52 AM CHRIS~iAN HUTCHINSON LOAN NO 2806404 DATE 04/04/01 LETTER XC534 VER 020 REQ AXP DESCRIPTION DATE OS/22/01 ACT 91 Cert Mail PA Breach They will be disbursed by the Agency under the eligibility criteria established by the Act. It's extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursured against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. The Pennsylvania Housing Agency is located at 2101 North Front Street, P.O. Box 8029, Harrisburg, PA 17105. Telephone number: (717) 780-3800 or (800) 342-2397 (toll free number). Persons with impaired hearing can call 1-800-342-2397. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a ~Notice of Intention to Foreclose~. You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise PF: 1 SC F 2 SC B Date: OS/22/2001 Time: 08:53:53 AM cHRIS~iAN HUTCHINSON LOAN NO 2806404 DATE LETTER VER REQ DESCRIPTION DATE OS/22/01 04/04/01 XC534 020 AXP ACT 91 Cert Mail PA Breach your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. Sincerely, HOUSEHOLD FINANCIAL SERVICES XC534/AXP/280640-4 (Certified Mail) PF: 2 SC B Date: OS/22/2001 Time: 08:53:55 AM . PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street sboro, Pa 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 " VERIFICATION The undersigned, John Sweeney, hereby certifies that he is the Foreclosure Specialist of the Plaintiff in the within action, {Y)olCTOi\.C,E:. t.LE.c..-rru.;.NU':" e...E:.G\c"iJ2.A.ltoN S~I"e.fV\s.,lf'l<:'., and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. ~4904 relating to unsworn falsification to authorities. q~~!:::~ '-cA ~ J: 1::: V1 ~ \> :::~B'66 ,.., :t \ '\ .2 ~ vj () ~1- --r (J 7ft. ~ ~ ....-----.-----. ~ ; ~::.~.. , .:\;'0 <..;'1 .;. ,I {,-"-) ~"-\ 1"1" ;< if, .<. c;. ~,% -~ ""_::'.'\ r;~ ) -<. ....... ~ -'~ (^~) _; ;1> ...,.........' =.;-...;. -.---------- SHERIFF'S RETURN - REGULAR CASE NO: 2001-03456 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS DIGIOVANNI HOLLY L RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DIGIOVANNI HOLLY L the , at 1953:00 HOURS, or; the 8th day of June 2001 DEFENDANT at 1318 PINE ROAD CARLISLE, PA 17013 by handing to HOLLY DIGIOVANNI 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 Mileage Affidavit Surcharge 18.00 4.96 .00 10.00 .00 32.96 So Answers: r~n-~<~ R. Thomas Kline 06/12/2001 MCCABE WEISBERG Sworn and Subscribed to before By: me this :l'l''tf:::- day of ~ ;)A,7J! A.D. ~~Q.~M,6 P othonotary , OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Holly L. Digiovanni 1318 Pine Road Carlisle, PA 17013 Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. v. Holly L. Digiovanni Cumberland County Court of Common Pleas Number 01-3456 Civil Term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe, Esquire at (215) 790-1010. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Cumberland County Court of Common Pleas Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. v. Holly L. Digiovanni Number 01-3456 Civil Term ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 5/04/01-8/31/01 TOTAL $73,563.81 $ 2,224.80 $75,908.61 ~ ~ .(:c:: TERRENCE J. McCABE, ESQUIRE ~- day of SJE:pf~~ ,2001, Judgment is entered in favor of Plaintiff, Mortgage Electronic AND NOW, this Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. and against Defendant (s) Holly L. Digiovanni and damages are assessed in the amount of $75,908.61, plus interest and costs. BY THE PROTHONOTARY: CL~ /2_ ~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. v. Holly L. Digiovanni Cumberland County Court of Cornmon Pleas Number 01-3456 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND: The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers I and Sailors I Civil Relief Act of Congress of 1940 as amended; and that the Defendant(s), Holly L. Digiovanni, is over eighteen (18) years of age, and resides at 1318 pine Road, Carlisle, PA 17013. SWORN TO AND SUBSCRIBED ~A(r: BEFORE ME THIS 31st DAY OF AUGUST, 2001. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff ~k NOTARY PUBLIC McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Cumberland County Court of Common Pleas Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. v. Holly L. Digiovanni Number 01-3456 Civil Term CERTIFICATION I certify that the 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 the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A true and correct copy of the notice pursuant to pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A" . SWORN TO AND SUBSCRIBED /Zl/~ ..~t:: BEFORE ME THIS 31st DAY OF AUGUST, 2001. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff ~llIck VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. /~ /~ 0;.t; TERRENCE J. McCABE, ESQUIRE . . I~. '>;, BIT "A" OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA LAWRENCE E. WELKER Prothonotary To: Holly L. Digiovanni 1318 Pine Road Carlisle, PA 17013 Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. v. Holly L. Digiovanni 17013 July 9, 2001 Cumberland County Court of Common Pleas Number 01-3456 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: NOTIFICACION IMPORTANTE Usted se encuentra en est ado de rebeldia por no haber present ado una comparecencia escrita, ya sea personalmente 0 por abogado y por no haber radicado por escrito con este Tribunal sus defensas u objeciones a los reclamos formulados en contra suyo. Al no tomar la accion debida dentro de diez (10) dias de la fecha de esta notificacion, el Tribunal podra, sin necesidad de comparecer usted en corte u oir preuba alguna, dictar sentencia en su contra y usted podria perder bienes u otros derechos importantes. Debe llevar esta notificacion a un abogado inmediatamente. Si usted no tiene abogado, 0 si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina, nombrada para averiguar si puede conseguir asistencia legal. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 If you have TJMjcf t:" ~ ~ ~ ~ t~ ..... r ~ (ZJ' ~ r--. ~ ~ \-k 0 ~ D ~-U -.J~ (") C) ~ -0 i:~ U') 0) f:; f.~l ~ ,7-; --::J .c ~. (./).. - ;::; i::- --J ~,..' ;e C;~ .."t. :.; ~C;" )> ~ ~) ~ (".) ~ ~ , --_. .-..' J \. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA CIVIL DIVISION Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. 636 Grand Regency Boulevard Brandon, FL 33510 V. Holly L. Digiovanni 1318 pine Road, Carlisle, PA 17013. FILE NO.: 01-3456 Civil Term AMOUNT DUE: $75,908.61 INTEREST: from 9/01/01 ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 1318 Pine Road, Carlisle, PA 17013. (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of N/A County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Signature: Print Name: TERRENCE J. McCABE, ESQUIRE ~4~( August 31, 2001 DATE: Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 .., - ~ '69.... 0 ,~ (J ..(q ~ ...t... J.j ..ox> c.,v C., (j -:- . . . ." () "~ "J p i ~ B ...0 8 c c., ~ .~ 0'\ Z :I> \t () ..~ -r1 () ("". 6' ~ -oCr' UHl' -0 I I ~ :;>'''''- . , , j z~ . ~ (0",: ._1 ~~ (::) F' ::.< "".." !2. c; -0 ~~~ -t'>c: ~ ... z~ ... ~c c.:: ~ ~~ w ... - /' , \ LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF THE PINE ROAD WHICH POINT WAS FORMERLY THE NORTHWEST CORNER OF LANDS OF MELVIN H. MILLER WHICH WAS CONVEYED TO WILLIAM W. DREISBACH IN CUMBERLAND COUNTY DEED BOOK X, VOLUME 1.9, PAGE 111; THENCE BY THE CENTER OF THE SAID PINE ROAD NORTH 67.5 DEGREES 00 MINUTES 00 SECONDS EAST 100 FEET TO A POINT IN THE CENTER OF THE SAID PINE ROAD; THENCE BY OTHER LANDS NOW OR FORMERLY OF WILLIAM W. DREISBACH, ET JU., SOUTH 22.5 DEGREES 00 MrNUTES 00 SECONDS EAST 200 FEET TO A POINT; THENCE BY OTHER LANDS NOW OR FORMERLY OF WILLIAM W. DREISBACH, ET AL, SOUTH 67.5 DEGREES 00 MINUTES 00 SECONDS WEST 100 FEET TO A POINT; THENCE BY OTHER LANDS NOW OR FORMERLY OF WILLIAM W. DREISBACH, ET AL, NORTH 22.5 DEGREES 00 MINUTES 00 SECONDS WEST 100 FEET TO A POINT IN THE CENTER OF THE PINE ROAD, THE PLACE OF BEGINNING. Parcel ID # 08-12-0334-037 Being Known As: 1318 Pine Road, Carlisle, PA 17013. o r. .-'\ ~ g -.... -ot'!:, rr\{'r I Z :r:.~ Z~, ~? r:.: t; *- :ZC c.o PC ~ if' r<f'\ --0 \ -'I"~ __J ...J~ ""'\y -:...J v:> McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Cumberland County Court of Common Pleas Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. v. Holly L. Digiovanni Number 01-3456 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1318 Pine Road, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s) Name Address Holly L. Digiovanni 1318 Pine Road, Carlisle, PA 17013 2. Name and address of Defendant(s) In the judgment: Name Address Holly L. Digiovanni 1318 Pine Road, Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. Avco Financial Services, 3401 Hartzdale Drive, Suite 130, Camp Hill, PA 17011 Sandy Digiovanni, Jr. P.O. Box 33 Walnut Bottom, PA 17266 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. pennsylvania Housing Finance Agency 2101 North Front Street, Harrisburg, PA 17110 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: Name Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant(s)/Occupant(s) 1318 Pine Road, Carlisle, PA 17013 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 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. August 31, 2001 4:;( r;~ DATE TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff .. LEGAL DESCRIPTION EXHIBIT "A" ALL THAT CERTAIN TAACT OF LAND SITUATE IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLV1\NIA, MORE PARTICULARLY BOUNDED :AND DESCRIBED :AS FOLLOWS: BEGINNING AT A POIN'!' IN THE CENTER OF THE PINE ROAD WHICH POIN'!' WAS FORMERLY THE NORTHWEST CORNER OF LAlIDS OF ME:LVIN H. MILLER WHICH WAS CONVEYED TO WILLIAM W. DREISBACH IN CUMBERLAND COUNTY DEED BOOK X, VOLUME 19, PAGE 111; THENCE BY THE CENTER OF THE SAID PINE ROAD NORTH 67.5 DEGREES 00 MINUTES 00 SECONDS EAST 100 FEET TO A POINT IN THE CEN'!'ER OF THE SAID PINE ROAD; THENCE BY OTHER LANDS NOW OR FORMll:RLY OF WILLI1\M W. DI~EISBACH, ET XL, SOUTH 22.5 DEGIlEES 00 MINUTES 00 SECONDS EAST 200 FEET TO A POINT; THENCE BY OTHER LANDS NOW OR FORMERLY OF WILLIJIM W. DREISBACH, ET AL, SOUTH 6'7.5 DEGREES 00 MINUTES 00 SECONDS WEST 100 FEET TO A POINT; THENCE BY OTHER LANDS NOW OR FORMll:RLY OF WILLI1\M W. DREISBACH, JeT AL, NORTH 22.5 DEGREES 00 MINUTES 00 SECONDS WEST 100 li'EET TO A POINT IN THE CB:N'!'ER OF THE PINE ROAD, THE PLACE OF BEGINNING. Parcel ID # 08-12-0334-037 Being Known As: 1318 Pine Road, Carlisle, PA 17013. ~'.t .It 1 i rI.t 'H- X3 ~.. 17~ 1 ,~ ~ '-",-,~" .-".' - ... (') 0 r-'" C '. ~ ;c'. c.,'" ..,-){:-r;. rf'l (l)[\.-.. -0 -,,_.1: :;;?"':'t;: I 0') i __.I ~_..~c' r';l. ~;C "''''f'J f~C; ~ :;p~ :f! ~ -<.. (~ -,---------_.~---_._-_.~ -~---------~--... -' McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. v. Holly L. Digiovanni Cumberland County Court of Common Pleas Number 01-3456 Civil Term AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 11th day of Octber, 2001, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder{s} as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A". Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." 1f/1A~A/VCP J I/ItlbP TERRENCE J. McCABE, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 11th DAY OF OCTOBER, 2001. ?11A.du Lf-( a. ~ NOTARY PUBLIC i---NO"TARiALSE~ ,I M'2lifL..E A HOLACIK, NOl81Y'iJ. . v,l\; of ~a 0&.'1 ~, ~..., f'. ., ; '':.....,.......n ,no a, W\ij It. ''!!7 ..;omm'~l('r ::)(oiro~ ~!'Ft';n ::'~ j. j , -' oJ- McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. v. Holly 1. Digiovanni Cumberland County Court of Common Pleas Number 01-3456 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1318 pine Road, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s) : Name Address Holly L. Digiovanni 1318 Pine Road, Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address Holly L. Digiovanni 1318 Pine Road, Carlisle, PA 17013 ;~XHIBIT "P:' -' 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. Avco Financial Services, 3401 Hartzdale Drive, Suite 130, Camp Hill, PA 17011 Sandy Digiovanni, Jr. P.O. Box 33 Walnut Bottom, PA 17266 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. Pennsylvania Housing Finance Agency 2101 North Front Street, Harrisburg, PA 17110 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: Name Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant(s)/Occupant(s) 1318 Pine Road, Carlisle, PA 17013 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 EXHIBIT "1\' 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. October 11, 2001 ~/leao ~. IIIt'ok TERRENCE J. cCABE, ESQUIRE Attorney for Plaintiff DATE EXHIBIT "P;' -" McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. v. Holly L. Digiovanni Cumberland County Court of Common Pleas Number 01-3456 Civil Term DATE: October 11, 2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) : Holly L. Digiovanni PROPERTY: 1318 Pine Road, Carlisle, PA 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on December 5, 2001 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, ~ Courtho....lse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold an interest in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT "B" ~ i7&J)-€j/I~~ "U (j) " o 3 w CXI ..... ~..... )> c: to c: !!'. I\) o o o I i I 0-.( o o 3 "1:l i CD l:T '< ~ "1:l CD ::E ::l. 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V-, '--, - ;;;:..;..,;;; Et<;u C~ ~! ~ ,1'-' 2, (i'1 ~_; '(J ~~: 'S cY i~_~. '.1- ;; --":-.)';""'1 + +>J. c \"-J C ::J- i?,.. C'I :> Co iv~ !;tT i:'- !;' 1::5 : ~ : '~ ~ r '-.S 'cF- i~ <--..1.C :/'- I' 2-t.~:)'~/~ ~ Ie ~ i --:' ~! ( I ~ i -r "';-J .' !.' -0 oJ I~ .-, I ~ C? ::;r.', c: ~ ~w ~ ;; yj S ::) -J o r;;-. ()' .po. I . EXHIBIT "B" I\J ~ e ~ C> ~- C"""! -=v' \'. 'G,J< . ::; ~. r, I :5 :0 c:. I .r"" '=t- :~~ ~9' ~ =+~ ...- :0' ~I "'" f:- ~ ~r-' ~ -r~? ; ---J 1::;1:' a \"\:-,-,"'tJ ..- p" 0 - ~ ~: ~ ~ V\ i ,- '!.....J o r S' eD z OJ 3 (J) OJ :J c- '0 "~ .:it: ;~.".m.."~ ,...... (,:tD~: \". {.jk ~i~ )> ;:+ 1'j' CD Z c: 3 CT ~ ,<, 0?:~ r!'i ;':c ~:~~J <:) . {:I i =r~~8Q )> c~:ios; ~ ~~~ ~ ~ ~ (") m ~ ~ ~ 3 3 !!l. 50 o' :J o ;;r (J) () '" .:< "0 (J) g, 3 ~ ~ en (J) < 1'r !1! "0 o '" lii '" eD i J' (/):0:0:0 <g' ~~. 8 ~3~a ~~~[ (")()a.o ~~o ~ ~. - (!) g Q -< "";: o eD ::> ~ " ::T OJ :J a. en' (I) 5" CD :3 !!!. Ii' ::> OJ ;::; 16"'0 0 Q ~ :: ~ Q) 0 ~,0':3:", -ClIO 5(" Ci)"!!t Cb., ~ ~ 03 en OJ gal g,? :n~ ~~tD~3 Cb ~a.aCl;-o .n gj ~ ~ 3 III :r: ~.Q. '" - e? (J) Q ~:- ..::: s: @ -':;' ~ ca ~! (t)~i :;;)> :oQ. (I) c: :(0 PJ :*'~ '(0 c- a.eD -, ~~ I c:..... I m ~I o c: ::;;(t) () en i 8[! ~ 'T10 :go 'T1(/) :go 'T1(fl :gJ: 'T1:o :go 'T1:o :g:o , ~.~, --"--_..-~.,~"." a 0 C) C " ?": 0 ,.--'" -on-' n q;:;'/1 ...4 " ' ';:- zt"" - -,., ):~ (.r ~:: c:: c; -" ~o _d;'" ___0 c- J7C 'Z - :i (1) ---- ~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. v. Holly L. Digiovanni Cumberland County Court of Common Pleas Number 01-3456 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Holly L. Digiovanni 1318 Pine Road, Carlisle, PA 17013 Your house (real estate) at 1318 Pine Road, Carlisle, PA 17013, (more fully described as attached) is scheduled to be sold at Sheriff's Sale on December, 05, 2001, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $75,908.61 obtained by Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 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 on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 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 amount due is paid to the Sheriff to the buyer. At that time, proceedings to evict you. the property until the full and the Sheriff gives a deed the buyer may bring legal 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on Januarv 04, 2002. 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 schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after Januarv 04, 2001. 7 . You may also have other rights and defenses, or ways of getting your real estate 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. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ? "'0 t'{" C) 0.\ ~(. ~:: t.:2. c' 'J;O ~Cl ::PC ~. C) c..f) ,.-~ '-0 \ -c >- " ," ~? ~~~~ \7., ':;:~ -r.... '::G :<. - (,.:) r .. Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee For Household Finance Corp. VS Holly L. Digiovanni In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3456 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Terrence McCabe. Sheriffs Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Advertising Certified Mail Poundage Postpone Sale Law Journal Patriot News 30.00 20.00 15.00 .50 1.00 25.66 11. 70 15.00 15.00 8.61 12.02 260.75 197.58 $612.82 paid by attorney Sworn and subscribed to before me ?'P&-.r~~ This J.2 ~ day of ~ ~ /~ R. Thomas Kline, Sheriff 2001, A.D. ~ Q. ~dJru( Prothonotary Byqo~' SMlkl Real Est te Deputy \ .~~ ~ OS '-I ~ ~ (, ~ IN~~J " " .. , McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. v. Holly L. Digiovanni Cumberland County Court of Common Pleas Number 01-3456 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1318 Pine Road, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s) Name Address Holly L. Digiovanni 1318 Pine Road, Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address Holly L. Digiovanni 1318 Pine Road, Carlisle, PA 17013 / .. . 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. Avco Financial Services, 3401 Hartzdale Drive, Suite 130, Camp Hill, PA 17011 Sandy Digiovanni, Jr. P.O. Box 33 Walnut Bottom, PA 17266 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. Pennsylvania Housing Finance Agency 2101 North Front Street, Harrisburg, PA 17110 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: Name Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant (s)/Occupant (s) 1318 Pine Road, Carlisle, PA 17013 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 I' .. 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. August 31, 2001 A;4 &L DATE TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff .. . .. LEGAL DESCRIPTION EXH I B IT nAil ALL THAT CERTAIN T~CT OE' LAND SITUATE IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PJlRTICUIJ\.RLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER aii' THE PINE ROAD WHICH POINT ms FOro.!E:RLY THE NORTHWEST CORNER OF LANDS OF MELVIN H. MILLER WHICH WAS CONVEYED TO WILLI1\M W. DREISBACH IN CUMBERLAND COUNTY DEED BOOK X, VOLUME ~9, PAGE 111; THENCE BY THE CENTER OF THE SAID PINE ROAD NORTH 67.5 DEGREES 00 MINUTES 00 SECONDS EAST 100 FEET TO A POINT IN THE CENTER OF THE SAID PINE ROAD; THENCE BY OTHER LANDS NOW OR FORMERLY OF WILLI1\M W. DREISBACH, ET XL, SOUTH 22.5 DEGREES 00 MINUTES 00 SECONDS EAST 200 E'EET TO A POINT; THENCE BY OTHER LANDS NOW OR FORMERLY OE' WILLIAM W. DREISBACH, ET 1lL, SOUTH 67.5 DEGREES 00 MmUTES 00 SECONDS WEST 100 FEET TO A POINT; THENCE BY OTHER LANDS NOW OR FORMERLY OF WILLI1\M W. DREISBACH, ET XL, NORTH 22.5 DEGREES 00 MINUTES 00 SECONDS WEST 100 FEET TO A POINT IN THE CENTER OF THE PINE ROAD, THE PLACE OF BEGINNING. Parcel ID # 08-12-0334-037 Being Known As: 1318 pine Road, Carlisle, PA 17013. , . McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. v. Holly L. Digiovanni Cumberland County Court of Common Pleas Number 01-3456 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Holly L. Digiovanni 1318 Pine Road, Carlisle, PA 17013 Your house (real estate) at 1318 Pine Road, Carlisle, PA 17013, (more fully described as attached) is scheduled to be sold at Sheriff's Sale on December, 05, 2001, at 10:00 a.m. in the Commissioner I S Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $75,908.61 obtained by Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. '" '" 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 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 on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 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 real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on January 04, 2002. 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 schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after January 04. 2001. f' .. 7. You may also have other rights and defenses, or ways of getting your real estate 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. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 .. LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PJlRTICUIJ\.RLY BOUNDED AND DESCRmED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF THE PINE ROAD WHICH POINT ms FORMERLY THE NORTHWEST CORNER OF LANDS OF MELVIN H. MILLER WHICH WAS CONVEYED TO WILLI1\M W. DREISBACH IN CUMBERLAND COUNTY DEED BOOK X, VOLUME ~9, PAGE 111; THENCE BY THE CENTER OF THE SAID PINE ROAD NORTH 67.5 DEGREES 00 MINUTES 00 SECONDS EAST 100 FEET TO A POINT IN THE CENTER OF THE SAID PINE ROAD; THENCE BY OTHER LANDS NOW OR FORMERLY OF WILLI1\M W. DREISBACH, ET XL, SOUTH 22.5 DEGREES 00 MINUTES 00 SECONDS EAST 200 FEET TO A POINT; THENCE BY OTHER LANDS NOW OR FORMERLY OF WILLIAM W. DREISBACH, ET 1lL, SOUTH 67.5 DEGREES 00 MmUTES 00 SECONDS WEST 100 FEET TO A POINT; THENCE BY OTHER LANDS NOW OR FORMERLY OF WILLIAM W. DREISBACH, ET XL, NORTH 22.5 DEGREES 00 MINUTES 00 SECONDS WEST 100 FEET TO A POINT IN THE CENTER OF THE PINE ROAD, THE PLACE OF BEGINNING. Parcel ID # 08-12-0334-037 Being Known As: 1318 pine Road, Carlisle, PA 17013. WRIT OF EXEC'u'TION and/or A IT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO.01-14I)fj f:ivj 1CI"'IIL}d..T.EH'1 CIVIL ACTION - LAW TO THE SHERIFF OF f:llTTlhPr1 i''lnn COUNTY: To satisfy the debt, int~rest and costs Que Mortqaqe Electronic Re3istration Systems, Inc. Its successors and asslgns, as nom.nee tor Househo..Ld .l"J.nance orp. 636 Grand Regency BOll] P-Vi'3rO, Brrmoon, Fl,. 135] 0 PLAINTIFF(S) from Holly L. Digiovanni 1318 Pine Road. Carlisle, Pa. 17013 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell 1318 Pine Road, Carlisle, Pa. 17013 (More fully described as attached) (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 ofthe 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/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $71), gOR _ fi 1 Interest F'rrm g /01 /01 Atty's Comm Atty Paid $ L.L. $0.50 Due Prothy S 1.00 Other Costs 0/0 104.96 Plaintiff Paid Date: September 7, 2001 Curtis R. Long Prothonotary, Civil Division by: C),~ r1 ~ Deputy REQUESTING PARTY: Name 'T'prrp-ncp- ,1. McCi'lhP, Esq. Address: 123 South Broad Street, Suite 2080 Philadelphia, Pa. 19109 Attorney for: Plaintiff Telephone: (215) 790-1010 Supreme Court 10 No. 16496 f :it. Sept. 12, 2001 REAL ESTATE SALE No. L 3 tt~,i4 stl~ti~t 1~~ ~_j'T; Ui~ t1at$.j,(J;' ',' h,temzt hl thereat prooertv situated in _n..~ckinso.~ Township "';' I"~ nh.<flf.af.,.yt..' .,'.'" ..~ ~,JV~ 1. . Carlisle . .,.: r'lI Iff rH "",,-1 L 1/1'\1 ~ ~ '_ (<Ii. < '- . s~pt, 12. 2001 tv ~"I \ .tJ.. -~ r In. 1,' ~ IT (' ,; 1,1 C ,1,1 ftl .:Uil!3H . '\ ; , ;',i -:-j' ,.1 l '. \".~ II d3S jJ ~,:HO t..,~r~ ~~: 1318 pine Road _. ':\.1 : I ';','!f'l~~~~~ iX' f~~t! "'" ',,+'1..1 ...... .,.. ,., ,!\n ~"'t.<.~t'- ~ ~~tf !Q(J"" l '- ::j',: q6-d!--'l ~~ t Real Estate Deputy ~ ~ ~ ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 12, 19,26,2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~YltL---- Roger . orgenthal, Editor SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER. 2001 ,~ C~rns~,~ 8{}I01 ! u", f'^Ir;"""<l<';''''\\ '''al ~ ..~Ht:~:il.).. Public {~c;:1Jr&y 5., 2005 REAL ESTATE SALE NO. 23 Writ No. 2001-3456 Civil Mortgage Electronic Registration Systems. Inc.. its successors and assigns. as nominee for Household Finance Corp. vs. Holly L. Digiovanni Atty.: Terrence McCabe LEGAL DESCRWfION ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County. Pennsylvania. more particularly bounded and de- scribed as follows: BEGINNING at a point in the cen- ter of the Pine Road which point was formerly the northwest corner of lands of Melvin H. Miller which was conveyed to William W. Dreisbach in Cumberland County Deed Book X, Volume 19. Page Ill; thence by the center of the said Pine Road North 67.5 degrees 00 minutes 00 seconds East 100 feet to a point in the center of the said Pine Road; thence by other lands now or for- merly of William W. Dreisbach. et al. South 22.5 degrees 00 minutes 00 seconds East 200 feet to a point; thence by other lands now or for- merly of William W. Dreisbach, et al. South 67.5 degrees 00 minutes 00 seconds West 100 feet to a point; thence by other lands now or for- merly of William W. Dreisbach. et al. North 22.5 degrees 00 minutes 00 seconds West 100 feet to a point in the center of the Pine Road, the place of beginning. Parcel ID # 08-12-0334-037. Being Known As: 1318 Pine Road, Carlisle. PA 17013. 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 James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of Th e 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 October and the 6th day(s) of November 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in t~;I~::I~:~:~:rding of Deeds in and forS~id c~~n~ ~f .D~.nZiSC~II.a~~ou~~~;o.. ."~.'................ COpy Sworn to 19th Y of N mber 2001 A.D. S ALE #23 Nolana' Seal ~/ /.., Teny L. AUlselt. Notlry P "'11 Harrisburg. Dauphin Co nrtf My CommIssion Expirel June 8. 2 T ARY PU BLlG Mlmtltt. Ptnnaytvanta Association Of N~ommission expires June 6, 2002 CUMBERLAND COUNlY SHERIFFS OFFICE CUMBERLAND COUNlY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 196.08 1.50 197.58 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 acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... ~ REAL ESTATE SALE No. 23 Writ No. 2001.3456 Clllil'lem\ Mortgage Electronic Registration Systems, Inc. its successors and assigns{ as nominee for Household Finance Corp. vs Holly L. Digiovanni Atty:'Terrence McCabe DESCRIPTION ALL THAT certain tract of land situate In Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded. and described as follows: BEGINNING at a point in the center of the Pine Road which point was fonnerly the northwest corner of lands of Melvin H. Miller which was conveyed to William W. Dreisbach in Cumberland County Deed Book X, Volume 19, Page Ill; thence by the center of the said Pine Road north 67.5 degrees 00 minutes 00 seconds east 100 feet to a point in the center of the said Pine Road; thence by other lands now or fonnerly of William W. Dreisbach, et al. south 22.5 degrees 00 minutes 00 seconds east 200 feet to a point; thence by other lands now or formerly of William W. Dreisbach, et al, south 67.5 degrees 00 minutes 00 sec~nds west 100 feet to a point; thence by other lands now or fonnerlyof William W. Dreisbach, et aI, north 22.5 degrees DO minutes 00 seconds west 1 DO feet to a point in the center of the p'ine Road, the place of BEGINNING. Parcel ID #08-12-0334-037. BEING known as: 1318 Pine Road, Carlisle, PA 17011 'B&R 235 SOUTH 13TH STREET ,f"HILAD\;LPHIA, PA 19107 PHONE: (215) 546-7400 FAX: 215-985-0169 Philadelphia Association of Professional Process Servers Services for Professionals Inc. AFFIDAVIT OF SERVICE CASE NO. I DATE RECEIVED LAINTIFF(S) IEFENDANT(S) :ERVE AT :OMPANY CONTROL NO. REFERENCE NO. erved and made known to r1the day of ,20_,at o'clock, ommonwealth of Pennsylvania, in the manner described below: o Defendant(s) personally served. o Adult family member with whom said Defendant(s) reside(s). Relationship is o Adult in charge of Defendant's residence who refused to give name or relationship. o Manager/Clerk of placing of lodging in which Defendant(s) reside(s). o Agent or person in charge of Defendant's office or usual place of business. o Posted o Other J~ U"eJ' -/ {tif~ {he c-L _ )..00 !; 7.tlO p ~ef:.- <\ME OF SERVER Sworn to & subscribed before me this being duly sworn according to law, poses and says that he/she is process server herein names; and lt the facts herein set forth above are true and correct to the best of }ir knowledge, information and belief. day of 20 eriff Process Server / Competent Adult ""Firm arney's Name dress ATTEST For PRO PROTHY lephone # 000 Philadelphia Assoc. of Professional Process Servers Rev 1 Identification # DATE , , .. .. ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) TELEPHONE NUMBER FOR COURT USE ONL Y . B & R SERVICES ' 800-503-7400 235 S. 13TH STREET PHILADELPHIA PA 19107 Ref. No. or File No. ATTORNEY FOR Insert name of court and name of judicial district and branch if any. SHORT TITLE OF CASE: MORTGAGE: DIGIOVANNI INVOICE NO. DATE: TIME: DEP.lDIV. CASE NUMBER: 279559 01-3456 NOT FOUND OR NON SERVICE RETURN I, THE UNDERSIGNED AM AND WAS ON THE DATES HEREIN MENTIONED, OVER THE AGE OF EIGHTEEN YEARS AND NOT A PARTY TO THE ACTION, ATTEMPTED TO SERVE THE FOllOWING: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY AND THAT AFTER DUE SEARCH, CAREFUL INQUIRY AND DILIGENT ATTEMPTS AT THE RESIDENCE: 621 A. BERYL STREET REDONDO BEACH CA BUSINESS: UNKNOWN I HAVE BEEN UNABLE TO MAKE DELIVERY OF SAID PROCESS ON THE WITHIN NAMED: HOllY L. DIGIOVANNI PROCESS IS BEING RETURNED WITHOUT SERVICE FOR THE FOllOWING REASONS: 04/10/037:38PM "NO ANSWER" AT RESIDENCE 04/12/036:56AM "NO ANSWER" AT RESIDENCE 04/13/032:15PM "NO ANSWER" AT RESIDENCE, WINDOW OPEN 04/15/039:40PM PER OCCUPANT, SUBJECT MOVED OUT IN JUNE OF 2002. NO FORWARDING ADDRESS FOR SUBJECT. PERSON SERVING: lAROIN BLACK FEE FOR SERVICE: $ 50.50 d. Registered California process server (1) [ ] Employee or [ X ] Independent Contractor (2) Registration No. 4807 (3) County: LOS ANGELES (4) Expiration: 04/30/05 I declare under penalty of perjury, under the laws of the of California, and of the United States of America that the foregoing is true and correct. Ronsin Attorney Service Inc. 1199 Monterey Pass Road Monterey Park, CA 94754 (323)526-7300 FAX 526-7377 DATE: 04/21/03 CONFORMS WITH JUDICIAL COUNCIL FORM #982 (a) (23) >o<~~&Citcl SIGNATURE -~,<--'"--~,---'~~. . "1 ..'\ -' " -"'''-.. '" 235 SOUTH 13TH STREET PHllADElPHIA,.PA 191Q7 PHONE: (215) 546-7400 FAX: 215-985-0169 Philadelphia Association of Professional Process Servers Services Cor ProCessionals Inc. AFFIDAVIT OF SERVICE CASE NO. jDATE RECEIVED ~AINTIFF(S) EFENDANT(S) ERVE AT OMPANY CONTROL NO. REFERENCE NO. ~rved and made known to ) the day of ,20_,at o'clock, ommonwealth of Pennsylvania, in the manner described below: 1&1 Defendant(s) personally served. o Adult family member with whom said Defendant(s) reside(s). Relationship is o Adult in charge of Defendant's residence who refused to give name or relationship. o Manager/Clerk of placing of lodging in which Defendant(s) reside(s). o Agent or person in charge of Defendant's office or usual place of business. o Posted o Other SO e- e Q.ffachc cL I\ME OF SERVER Sworn to & subscribed before me this being duly sworn according to law, poses and says that he/she is process server herein names; and 1t the facts herein set forth above are true and correct to the best of )ir knowledge, information and belief. day of 20 Process Server / Competent Adult eriff 'IV Firm orney's Name dress ATTEST For PRO PROTHY lephone # 000 Philadelphia Assoc. of Professional Process Servers Rev 1 Identification # DATE .. ... jt. ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) TELEPHONE NUMBER FOR COURT USE ONLY . . , Ref. No. or File No. CS179192A ATTORNEY FOR Insert name of court and name of judicial district and branch if any. SHORT TITLE OF CASE: MORTAGE ELECTRONIC: DIGIOVANNI INVOICE NO. DATE: TIME: DEP.lDIV. CASE NUMBER: 280993 01-3456 AFFIDAVIT OF SERVICE I, KATHERINE CHERYL BROWN DECLARE THAT ON 04/19/03 AT THE TIME OF SERVICE I WAS AT LEAST 18 YEARS OF AGE, NOT A PARTY TO ACTION AND RESIDE IN THE STATE OF CALIFORNIA. I SERVED THE WITHIN AFFIDAVIT OF SERVICE NOTICE OF SHERRIF'S SALE OF REAL PROPERTY AND THAT DATE: 04/19/03 TIME: 5:41 PM , I SERVED SAID DOCUMENTS ON: HOLLY L. DIGIOVANNI I KNEW THE PERSON SO SERVED TO BE THE PERSON DESCRIBED AS SAID SUBJECT AGE: 45 HEIGHT: 5'9 WEIGHT: 135 HAIR: BLONDE RACE: WHT SEX: F AT: 714 A. N. JUANITA STREET REDONDO BEACH CA 90277 STATE OF CALIFORNIA FEE FOR SERVICE:$ SUBSCRIBED AND SWO ~[)- D~Y OF "- , (OR AFFIRMED) TO BEFORE ME THIS 03 I \ ~ _ E.J. SHIELDS ..- NOTARY PUBLIC. CALIFORNIA t! . COMMISSION * 1230238 e ORANGE COUNTY t _ _ ~.~~__~~y_c:o~_m~:~p..:~~g~u~t}::.:~~J B & R SERVICES 235 S. 13TH STREET PHilADELPHIA PA 19107 d. Registered California process server (1) [ ] Employee or [ X ] Independent Contractor (2) Registration No. 4106 (3) County: LOS ANGELES (4) Expiration: 04/25/03 I declare under penalty of perjury, under the laws of the of California, and of the United States of America that the foregoing is true and correct. DATE: 04/22/03 CONFORMS WITH JUDICIAL COUNCIL FORM #982 (a) (23) > I~ ~ t!.. - ~n..v-- SIGNATURE ,-"I '1". -' c o c: -::~ C'~~~ c;. ~,~'t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. 636 Grand Regency Boulevard Brandon, FL 33510 v. Holly L. Digiovanni 1318 Pine Road, Carlisle, PA 17013. FILE NO. 01-3456 Civil Term AMOUNT DUE: $75,908.61 INTEREST: from 9/01/01-6/11/03 $8,080.56 at 12.47 Per diem ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 1318 Pine Road, Carlisle, PA 17013. (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of N/A County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee (s) . (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. March 6, 2003 DATE: Signaturel-!} ~~ _ Print Name: TERRENC. BE';' ~RE Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 o () ~ R0 ~ \l:-~ t r t: ~ ~ c., ! t::, -::. ~ ~ .t:: -J D' ~ 0- ~ ....j ~ - J: - ~ "1Q. W ........ ~ C) 0 CI'\ ...0 CIl c - . ..0 () . "'0 ,.' C> () 0 '" .. () '..} " lJ ~ Il'., 0 C c 0 z. \\0 . ~~ I I (/J ~ I ../ ~ .. ~ ::- +- ../. ~_.- ... .. ~ ~~ - )> , ... ... :',,", .. - ... - - (::> - --- - v . u LEGAL DESCRIPTION ; .ALL THAT CERTAIN TRACT OF LAND SITUATE IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PJlRTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE Cl!:NTER OF THE PINE ROAD WHICH POINT WAS FORMERLY THE NORTHWEST CORNER OF LANDS OF MELVIN H. MILLER WHICH WAS CONVE:tED TO WILLIAM W. DREISBACH IN CUMBERLAND COUNTY DEED BOOK X, VOLUME 19, PAGE 111; THENCE BY THE CENTER OF THE SAID PINE ROAD NORTH 67.5 DEGREES 00 MINUTES 00 SECONDS EAST 100 FEET TO A POINT IN THE CENTER OF THE SAID PINE ROAD; THENCE BY OTHER LANDS NOW OR FORMERLY OF WILLIAM W. DREISBACH, ET XL, SOUTH 22.5 DEGREES 00 MINUTES 00 SECONDS EAST 200 FEET TO A POINT; THENCE BY OTHER LANDS NOW OR FORMERLY OF WILLIAM W. DREISBACH, ET 1lL, SOUTH 67.5 DEGREES 00 lfiNUTES 00 SECONDS WEST 100 FEET TO A POINT; THENCE BY OTHER LANDS NOW OR FOIQ,fERLY OF WILLIAM W. DREISBACH, ET XL, NORTH 22.5 DEGREES 00 MINUTES 00 SECONDS WEST 100 FEET TO A POINT IN THE CENTER OF THE PINE ROAD, THE PLACE OF BEGINNING. Parcel ID # 08-12-0334-037 Being Known As: 1318 Pine Road, Carlisle, PA 17013. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-3456 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ITS SUCCESSORS AND ASSIGNS, AS NOMINEE FOR HOUSEHOLD FINANCE CORP., Plaintiff (s) From HOLLY L. DIGIOVANNI, 1318 PINE ROAD, CARLISLE, P A 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $75,908.61 L.L. Interest FROM 9/1/01 - 6/11/03 $8,080.56 AT 12.47 PER DIEM Atty's Comm % Atty Paid $730.28 Plaintiff Paid Date: MARCH 11, 2003 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG ~~~.thonot~ _ n. ~ ~~ ~eqAJ"W Deputy REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQUIRE Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, Pl19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. v. Holly L. Digiovanni Attorney for Plaintiff Cumberland County Court of Common Pleas Number 01-3456 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1318 pine Road, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibi t II A. II 1. Name and address of Owner(s) or Reputed Owner(s) Name Address Holly L. Digiovanni 1318 Pine Road, Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address Holly L. Digiovanni 1318 Pine Road, Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. Avco Financial Services, Sandy Digiovanni, Jr. 3401 Hartzdale Drive, Suite 130, Camp Hill, PA 17011 P.O. Box 33 Walnut Bottom, PA 17266 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. Pennsylvania Housing Finance Agency Ameriquest Mortgage 2101 North Front Street, Harrisburg, PA 17110 Address to be supplied 5. Name and address of every other record interest in or record 1 ien on the interest may be affected by the sale: Name person who has any property and whose Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant (s)/Occupant(s) 1318 Pine Road, Carlisle, PA 17013 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE J<~ ;G-- TERREN E J. McCABE, ESQUIRE Attorney for Plaintiff March 6, 2003 LEGAL DESCRIPTION ~ .ALL THAT CERTAIN TRACT OF LAND SITUATE IN DICKINSON TCMN'SHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULlIRLY BOUNDED AND DESCRmED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF THE PINE ROAD WHICH POINT ms FORMERLY THE NORTHWEST CORNER OF LANDS OF MELVIN H. MILLER WHICH ms CONVEYED TO WILLI1\M W. DREISBACH IN CUMBERLAND COUNTY DEED BOOK X, VOLUME ~9, PAGE 111; THENCE BY THE CENTER OF THE SAID PINE ROAD NORTH 67.5 DEGREES 00 MINUTES 00 SECONDS EAST 100 FEET TO A POINT IN THE CENTER OF THE SAID PINE ROAD; THENCE BY OTHER LANDS NOW OR FORMERLY OF WILLI1\M W. DREISBACH, ET XL, SOUTH 22.5 DEGREES 00 MINUTES 00 SECONDS EAST 200 FEET TO A POINT; THENCE BY OTHER LANDS NOW OR FORMERLY OF WILLIAM W. DREISBACH, ET 1lL, SOUTH 67.5 DEGREES 00 MINUTES 00 SECONDS WEST 100 FEET TO A POINT; THENCE BY OTHER LANDS NOW OR FORMERLY OF WILLIAM W. DREISBACH, ET XL, NORTH 22.5 DEGREES 00 MINUTES 00 SECONDS WEST 100 FEET TO A POINT IN THE CENTER OF THE PINE ROAD, THE PLACB: OF B1CGINNING. Parcel ID # 08-12-0334-037 Being Known As: 1318 Pine Road, Carlisle, PA 17013. EXHIBIT ''P:' n C.~ L nf /. . 'j; ,'.J "',j (::::; J r McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Cumberland County Court of Common Pleas Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. v. Holly L. Digiovanni Number 01-3456 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Holly L. Digiovanni 1318 Pine Road, Carlisle, PA 17013 Your house (real estate) at 1318 Pine Road, Carlisle, PA 17013, (more fully described as attached) is scheduled to be sold at Sheriff's Sale on JUNE 11, 2003, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $75,908.61 obtained by Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff1s Sale you must take immediate action: 1. The sale will be canceled if you pay to Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) ./ YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 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 on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 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 amount due is paid to the Sheriff to the buyer. At that time, proceedings to evict you. the property until the full and the Sheriff gives a deed the buyer may bring legal 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate 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. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 n c -:J (-" nlf'-: -;, --- (./J r='~ '- .~~... 't'~/~ i,~ S;;: ~~. 4_ -') -'-., {::.. McCABE, WEISBERG AND CONWAY, P.C. . BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Cumberland County Court of Common Pleas Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. v. Holly L. Digiovanni Number 01-3456 Civil Term AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 29th DAY OF APRIL, 2003, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder (s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A". Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." ~ ,~aJ---r- TERRE C J. McCABE, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 29th DAY OF APRIL, 2003. JnjjJdu Ii. !jd;w;L NOTARY PUBLIC J~j . ~. .. .....~u ~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. v. Holly L. Digiovanni Cumberland County Court of Common Pleas Number 01-3456 Civil Term AMENDED AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1318 pine Road, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s) : Name Address Holly L. Digiovanni 1318 Pine Road, Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address Holly L. Digiovanni 1318 Pine Road, Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Beneficial Mortgage Corp 100 Business Center Drive Highway 22 Brewster, NY 10509 Mortgage Electronic Registration Systems, Inc., its successors and Assigns, as nominee for Household Finance Corp. 636 Grand Regency Blvd Brandon, FI 33510 4 . mortgage 3401 Hartzdale Drive, Suite 130, Camp Hill, PA 17011 P.O. Box 33 Walnut Bottom, PA 17266 Name and address of the last recorded holder of every of record: Name Address Beneficial MortgaE*HI B ~Tgh!W~ss Center Drive Brewster, NY 10509 Sandy Digiovanni, Jr. Avco Financial Services, Mortgage Electronic Registration Systems, Inc., its successors and Assigns, as nominee for Household Finance Corp. 636 Grand Regency Blvd Brandon, FI 33510 Pennsylvania Housing Finance Agency Ameriquest Mortgage 2101 North Front Street Harrisburg, PA 17110 Address to be supplied 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: Name Address None. 6. Name and address of Plaintiff has knowledge who has may be affected by the sale: Name every other person of whom the any interest in the property which Address Tenant (s)/Occupant(s) 1318 Pine Road, Carlisle, PA 17013 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE a~ TERR E J. McCABE, ESQUIRE Attorney for Plaintiff April 29, 2003 T UA" EXH\Bb M McCABE, WEISBERG AND CONWAY, P.C. . BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (21S) 790-1010 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. v. Holly L. Digiovanni Cumberland County Court of Common Pleas Number 01-3456 Civil Term DATE: April 29, 2003 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) : Holly L. Digiovanni PROPERTY: 1318 Pine Road, Carlisle, PA 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on JUNE II, 2003 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold an interest in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT "B" -u o '" 3" III '" ~ -u o'UOO ~llJ~O ~Ii S "'I-"' CIl :3 1-'- CIlC/l ~ C/ltJ:llirt ..... f-O 1-+'- ~CIlXllJO !!1." ::1 $. VJO.'Xl c.2 "ON CIl CD ~CX1l-' :3 OllJ ~....... Crt l-J ::11-" ~O rtO ....... 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Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." ~~U^~L TERRE CE J. -McCABE,~IRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 29th DAY OF APRIL, 2003. YlMdCtL A " t/tfftd. NOTARY PUBLIC ..~I ,A. . :;:~ ;... . . . .. ~ ...... .-< McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. v. Holly L. Digiovanni Attorney for plaintiff Cumberland County Court of Common Pleas Number 01-3456 Civil Term AMENDED AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff ln the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1318 pine Road, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s) Name Address Holly L. Digiovanni 1318 Pine Road, Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address Holly L. Digiovanni 1318 Pine Road, Carlisle, PA 17013 3. 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McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Cumberland County Court of Common Pleas Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. v. Holly L. Digiovanni Number 01-3456 Civil Term DATE: April 29, 2003 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) : Holly L. Digiovanni PROPERTY: 1318 Pine Road, Carlisle, PA 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on JUNE 11, 2003 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, pennsylvania 17013. Our records indicate that you may hold an interest in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT "B" Beneficial Mortgage Corp 100 Business Center Drive Highway 22 Brewster, NY 10509 Mortgage Electronic Registration Systems, Inc., its successors and Assigns, as nominee for Household Finance Corp. 636 Grand Regency Blvd Brandon, FI 33510 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17110 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: Name Address None. 6. Name and address of Plaintiff has knowledge who has may be affected by the sale: Name every other person of whom the any interest in the property which Address Tenant (s)/Occupant(s) 1318 Pine Road, Carlisle, PA 17013 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 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. June 9, 2003 DATE (, ...J TERREN E J. McCABE, ESQUIRE Attorney for Plaintiff EXHIBIT 6~U 0 c:::' () C tAl -T ! <'~. -.:' \ rn I ,... f'<' C.:' -0;:" ( r'.J ).~ ~J ( V -.;.. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Mortgage Electronics Reg systems Inc is the grantee the same having been sold to said grantee on the II th day of June A.D., 2003, under and by virtue of a writ Execution issued on the 11th day of March, A.D., 2003, out ofthe Court of Common Pleas of said County as of Civil Term, 2001 Number 3456, at the suit of Mortgage electronic Reg systems Inc Nominee for Household Fin Copr against Hollv L Digiovanni is duly recorded in Sheriffs Deed Book No. 259, Page 1658. IN TESTIMONY WHEREOF, I have hereunto set my hand / '1 -tk and seal of said office this ~k/A . A.D. 2003 day of Mortgage Electronic Registration Systems Inc., its successors and assigns, as nominee For Household Finance Corp. VS Holly L. DiGiovanni In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3456 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice and Description upon the within named defendant, Holly L. DiGiovanni, in the following manner: The Sheriff mailed a copy of the pendency ofthe action by certified mail, return receipt requested, restricted delivery, deliver to addressee only, to the last know address of the defendant, 714 N. Juanita Ave., #A, Redondo Beach, CA 90277-2226. This letter was mailed under the date of April 2, 2003. Return receipt card was signed by defendant, Holly L. DiGiovanni on an unknown date (date was not written on card) and returned to the Cumberland County Sheriffs Office. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2003 at 1 :57 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Holly L. Digiovanni located at 1318 Pine Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Holly L. DiGiovanni, by regular mail to her last known address of714 N. Juanita Ave., #A, Redondo Beach, CA 90277-2226. This letter was mailed under the date of April 16, 2003 and never returned to the Sheriffs 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, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11,2003 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Terrence McCabe for Mortgage Electronics Registration Systems, Inc. It being the highest bid and best price received for the same, Mortgage Electronics Registration Systems, Inc. of636 Grand Regency Blvd., Brandon, FL 33510, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$679.37. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage $30.00 13.32 15.00 15.00 30.00 10.00 1.00 11. 04 ~. )'-1;). ~(,'( .., , McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. v. Holly L. Digiovanni Cumberland County Court of Common Pleas Number 01-3456 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1318 Pine Road, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s) Name Address Holly L. Digiovanni 1318 Pine Road, Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address Holly L. Digiovanni 1318 Pine Road, Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. Avco Financial Services, 3401 Hartzdale Drive, Suite 130, Camp Hill, PA 17011 Sandy Digiovanni, Jr. P.O. Box 33 Walnut Bottom, PA 17266 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. Pennsylvania Housing Finance Agency 2101 North Front Street, Harrisburg, PA 17110 Ameriquest Mortgage Address to be supplied 5. Name and address of every other record interest in or record I ien on the interest may be affected by the sale: Name person who has any property and whose Address None. 6. Name and address of Plaintiff has knowledge who has may be affected by the sale: Name every other person of whom the any interest in the property which Address Tenant (s)/Occupant(s) 1318 pine Road, Carlisle, PA 17013 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 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. ~J~4 ~ ESQUIRE Attorney for Plaintiff March 6, 2003 DATE '. LEGAL DESCRIPTION i ALL THAT CERTAIN ~ 01' LAND SIT\JMlIl :m DICKINSON TCMNSliIP, CtMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DlCSCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF THE PINE ROAD WHICH POINT WAS FOro:m:RLY THE NORTHWEST CORNER OF LANDS OF MELVIN H. MILLER lfflICH 10\.5 CONVl!:YED TO WILLIAM W. DREISBACH IN CUMBERLAND COUN'l'Y DDD BOOK X, VOLUME ~9, PAGE 11~; THENCE BY THE CENTER OF THE SAID PINE ROAD NORTH 67.5 DJ:GREES 00 MINUTES 00 SECONDS EAST 100 i'EET TO A POINT IN THE CENTER OF THE SAID PINE ROAD; THENCE BY OTHER LANDS NOW OR FORMERLY OF WILLIAM W. DREISBACH, ET XL, SOUTH 22.5 DEGREES 00 MINUTES 00 SECONDS i:AST 200 FEET TO A POINT; THENCE BY OTHER LANDS NOW OR FORMERLY OF WII:J;.IAM W. DREISBACH, ET 1lL, SOUTH 67.5 DEGREES 00 MINUTES 00 SECONDS WEST 100 FEET TO A POINT; THENCE BY OTHER LANDS NOW OR FOllMERLY OF WILLIAM: W. DREISBACH, ET XL, NORTH 22.5 DEGREES 00 MINUTES 00 SECONDS WEST 100 FEET TO A POINT IN THE CICNTlCR OF THE PINE ROAD, THE PLACB: OF BEGINNING. Parcel ID # 08-12-0334-037 Being Known As: 1318 Pine Road, Carlisle, PA 17013. EXHIBIT "1\' ., McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE. Identification Number 16496 . 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. v. Holly L. Digiovanni Cumberland County Court of Common Pleas Number 01-3456 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Holly L. Digiovanni 1318 pine Road, Carlisle, PA 17013 Your house (real estate) at 1318 pine Road, Carlisle, PA 17013, (more fully described as attached) is scheduled to be sold at Sheriff's Sale on JUNE 11, 2003, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $75,908.61 obtained by Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Mortgage Electronic Registration Systems, Inc., its successors and assigns, as nominee for Household Finance Corp. the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. --. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) , YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff1s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 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 on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 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 ln amount due is paid to the Sheriff to the buyer. At that time, proceedings to evict you. the property until the full and the Sheriff gives a deed the buyer may bring legal 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate 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. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ; ALL THAT CERTAIN TRACT OF LAND SITUATE IN DICKINSON TOKNSHIP, C~ COUNTY, PENNSi/LVJ\NIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOI.I..OH'S: BEGINNING AT A POINT :IN THE CENTER OF THE PINE ROAD WHICH POINT WAS FOEUlERLY THE NORTHWEST CORNER OF LANDS OF MELVIN H. MILLER WHICH WAS CONVEYED TO WILLIAM W. DREISBACH IN CUMBERLAND COUNTY DEED BOOK X, VOLtJ:HE 19, PAGE 111.; THENCE BY THE CENTER OF THE S.A:ID PINE ROAD NORTH 67.5 DEGREES 00 MDllITES 00 SECONDS EAST 100 FEET TO A POINT IN THE CENTER OF THE S.A:ID PINE ROAD; THENCE BY OTHER LANDS NOW OR FORMERLY OF WILLIAM 'W. DREISBACH, ET XL, SOUTH 22.5 DEGREES 00 MINUTES 00 SECONDS J:AST 200 FEET TO A POINT; THENCE BY OTHER LANDS NOW OR i'<lRMERLY OF WIL1;oDIM 'W. DREISBACH, ET AL, SOUTH 67.5 DEGREli:S 00 KCNUTES 00 SECONDS WEST 100 FEET TO A POINT; THENCE BY OTHER LANDS NOW OR FOllMElU.Y OF WILLIAM If. DREISBACH, ET XL, NORTH 22.5 DEGREE$ 00 MINUTES 00 SECONDS WEST ~OO FEET TO A POINT IN THE CENTER OF THE PINE ROAD I '!'HE PLACE OF BEGINNING. Parcel ID # 08-12-0334-037 Being Known As: 1318 pine Road, Carlisle, PA 17013. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA)' COUNTY OF CUMBERLAND) NO 01-3456 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ITS SUCCESSORS AND ASSIGNS, AS NOMINEE FOR HOUSEHOLD FINANCE CORP., Plaintiff (s) From HOLLY L. DIGIOVANNI, 1318 PINE ROAD, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $75,908.61 L.L. Interest FROM 9/1101 - 6/11/03 $8,080.56 AT 12.47 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $730.28 Plaintiff Paid Date: MARCH 11, 2003 Other Costs CURTIS R. LONG (Seal) Prothonotary ~: ~~-~ '7fAA.lYU Deputy REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQUIRE Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, P119109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 Real Estate Sale # 44 On March 13,2003 the sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, P A known and numbered as 13 18 Pine Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 13,2003 By:JecltfSM~ Real Estate Deputy ~ ~ ~ ~ , 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 JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. 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 22nd and 29th day(s) of April and the 6th day(s) of May 2003. 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 COpy S ALE #44 and subscri e Notalial Seal . Terry L. Russell, Notary Pub,. CIty Of H~rlisburg, Dauphin County My CommIssion Expires June 6, 2006 Member. Pennsylvania AssociaUon Of Natali ... .....(j..~~ .0. REAL ESTATE SALE No. 44 Writ No. 2001.3456 Civil Term Mortgage Electronic Registration Systems, Inc., Its successors and Assigns, as nominee for Household Finance Corp. vs Holly L. Digiovanni . Atty: Terrence cCabe DESCRIPlJ N ALL THAT CERTAIN lJ.. t of land situate in Dickinson ,Town. shiP'. umberland County, Pennsylvama, more p icularly bounded and described asfollows: BEGINNING at a point in the center of the Pine Road which point was formerly the Northwest comer of lands of Melvin H. Miller which was conveyed to William W. Dreisbach in Cumberland County Deed Book X, Volume 19, Page Ill; thence by the center of the said Pine Road North 67.5 de2rees 00 minutes 00 y commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ $ $ 186.75 1.75 188.50 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 acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 ST ATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, ofthe 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, V1Z: APRIL 25, MAY 2, 9, 2003 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. 44 Writ No. 2001-3456 Civil Mortgage Electronic Registration Systems. Inc.. its successors and assigns. as nominee for Household Finance Corp. vs. SWORN TO AND SUBSCRIBED before me this 9 day of MAY, 2003 Holly L. Digiovanni Atty.: Terrence McCabe LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Dickinson Township. Cum- berland County. Pennsylvania. more particularly bounded and described as follows: BEGINNING at a point in the cen- ter of the Pine Road which point was formerly the northwest corner of lands of Melvin H. Miller which was conveyed to William W. Dreisbach in Cumberland County Deed Book \'-~..E~':~J~~. r...R.'.N. 'otNf Public CariiSIe 80m. Cu~bei1and County My Coc';misston ~;es March 5, 2005 kn~~~~~,"!S"';t~,rre.~ ". - Writ No. 2001-3456 Civil Mortgage Electronic Registration Systems. Inc.. its successors and assigns. as nominee for Household Finance Corp. vs. Holly L. Digiovanni Atty.: Terrence McCabe LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Dickinson Township. Cum- berland County. Pennsylvania. more particularly bounded and described as follows: BEGINNING at a point in the cen- ter of the Pine Road which point was formerly the northwest corner of lands of Melvin H. Miller which was conveyed to William W. Dreisbach in Cumberland County Deed Book X. Volume 19. Page Ill: thence by the center of the said Pine Road North 67.5 degrees 00 minutes 00 seconds East 100 feet to a point in the center of the said Pine Road: thence by other lands now or for- merly of William W. Dreisbach. et aI. South 22.5 degrees 00 minutes 00 seconds East 200 feet to a point: thence by other lands now or for- merly of William W. Dreisbach. et aI. South 67.5 degrees 00 minutes 00 seconds West 100 feet to a point: thence by other lands now or for- merly of William W. Dreisbach. et aI. North 22.5 degrees 00 minutes 00 seconds West 100 feet to a point in the center of the Pine Road. the place of Beginning. ParcellD #08-12-0334-037. Being Known As: 1318 Pine Road. Carlisle. PA 17013.