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HomeMy WebLinkAbout00-04847 LAW OFFlCES SNELBAKER. BRENNEMAN & SPARE SANDRA H. OSTERLUND, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-4847 EQUITY TERM JAN A. OSTERLUND, GREENPOINT MORTGAGE CORPORATION and GREENPOINT MORTGAGE FUNDING, INC., Defendants TO THE PROTHONOTARY: : CIVIL ACTION - EQUITY PRAECIPE Please mark the above-captioned action settled, discontinued and ended upon your docket and indices. Date: December 29,2000 II II SNELBAKER, BRENNEMAN & SPARE, P. C. BY:~~ Philip H. pare, squire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Sandra H. Osterlund ii.<c'\/'j,,}' ,"I" h;;" ;--';''' ''''''''''"''';:'''.'" . . .-" -[~'~='j-'- = ,.;~, =-'~'~'IJillil1l1l ;--;"'-"- , -~, , ~' :"-"Li,""~ o c:: -~ ~6]' n"/cn :Z:3,_; 0?:- ~e:: 'c. "~D :::;0 ~r 2' =< w (;:;l '.-~^-'iiii.1liiil C:) c) c:::> :::::1 , , r-.~) {-:::: 2 J:J "' ---'l ~'L '-', ''" ^ c. ~;'^__ _ ;~-: "'~c'_."_'_ ''-'_'",.',,~~,; - ";,:::",,, vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : 0)- : NO. t.t~l(7 EQUITY TERM I I :! il Ii 1i I' f! Ii ! i' Ii " I I, I II II Iii I' II (d II I I I SANDRA H. OSTERLUND, Plaintiff, JAN A. OSTERLUND, GREENPOINT MORTGAGE CORPORATION, and GREENPOINT MORTGAGE FUNDING, INC., : CIVIL ACTION - EQUITY Defendants PRAECIPE FOR LIS PENDENS TO THE PROTHONOTARY: Please index the above captioned action in equity as a lis pendens against the following real property: ALL THAT CERTAIN parcel or tract ofland with improvements thereon as more fully described in the deeds dated May 4, 2000 and May 30, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 220, Page 1100 and Deed Book 222, Page 386, respectively. i 1; ~ I, ~~ I! 'II , " I I ,. i I II: !' " which property noted above is purportedly owned by Greenpoint Mortgage Corporation, Defendant in the above captioned action. I hereby certify that this action affects title to or other interest in the above described real property. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE :~~MAN & SPARE, P.C. . Philip. Spare, Esquire Supreme Ct. ID #65200 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff, Sandra H. Osterlund Date: July 7,2000 ::,->,,-' "'I '-,- , jli~-id!Jj '-'" - - --;""':~*_"""Mil~~;!iil!!>l M'ii( j~'~H"i~ . ~ ,,-<~. "p.'"';.,,,,~~ n ,~~ _~"~,,, "y., ",~",^,wL ~~ - .- ~ -- ~~. "'-,-;,-),-'",,- ,-'..;,~, ~. ~ ~ ~ . cL. j,' .<-'. ~ ~ '\ , ~ ~ ,,! " '.,y " '..1' .. W"""'."",.".. ... Q ~, -Oa~' nlr-J-; ~~ ~c ~O ~Q P--.-., :z ~ o o """' '-'; -n <- ~:;. .,,-< ( ; ;:::'"~ "_.l ~~: ~::~: ~~~ ~i~ ~~ .--t )> ::D -< ;~~ ':.? N -.l !iji "-",_,;:,>:_-",, "-'f';~-~':,' _..'.' <.,r- SANDRA H. OSTERLUND, Plaintiff, vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.;lOco 'l..{ff'i'1 EQUITY TERM JAN A. OSTERLUND, GREENPOINT MORTGAGECORPORATION,md GREENPOINT MORTGAGE FUNDING, CIVIL ACTION - EQUITY INC., Defendmts NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint md Notice are served, by entering a written appearmce personally or by attorney md filing in writing with a 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 md a judgment may be entered against you by the Court without further notice for my money claimed in the Complaint or for my other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. I' f i! YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberlmd County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P.C. BY~~ lAW OFFICES $NELBAKER. BRENNEMAN & SPARE ,.,,-";",-' " ,< ,~---' OF_".....;"',','- '..'A,,, SANDRA H. OSTERLUND, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. {Jfj ~ 'I P 'I 7 EQUITY TERM JAN A. OSTERLUND, GREENPOINT MORTGAGE CORPORATION, and GREENPOINT MORTGAGE FUNDING, CIVIL ACTION - EQUITY INC., Defendants COMPLAINT AND NOW, comes the Plaintiff, SANDRA H. OSTERLUND, by her attorneys, Sne1baker, Brenneman & Spare, P .C., and sets forth the following cause of action: I. Plaintiff Sandra H. Osterlund is an adult individual residing at 409 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant Jan A. Osterlund is an adult individual residing at 1439 Maplewood Drive, New Cumberland, Cumberland County, Pennsylvania. 3. Defendant Greenpoint Mortgage Corporation is a New York corporation whose foreign corporation status in Pennsylvania has been withdrawn according to records of the Pennsylvania Department of State, Corporation Bureau. 4. Defendant Greenpoint Mortgage Funding, Inc., is a New York corporation with a principal business address of lIDO Larkspur Landing Circle, Suite 101, Larkspur, California 94938. Based upon information and belief, it is averred that Greenpoint Mortgage Funding, Inc., is a successor by merger and/or consolidation to Greenpoint Mortgage Corporation. 5. In or about November 1992, Plaintiff Sandra H. Osterlund initiated an equity action in LAW OFFICES SNELBAKER, BRe:NNEMAN & SPARE the Court of Common Pleas of Cumberland County, Pennsylvania docketed to No. 48 Equity 1992 (hereinafter "Equity Action") against Defendant Jan A. Osterlund to enforce her rights pursuant to a certain Divorce Settlement Agreement. 6. Since 1993, numerous decrees, orders and judgments have been entered in the Equity Action against Defendant Jan A. Osterlund. 7. On May 22,1996, a judgment in the amount of$7,500.00 was entered in favor of Sandra H. Osterlund and against Jan A. Osterlund in the Equity Action. 8. On April 14, 1997, a judgment in the amoWlt of$16,508.60 was entered in favor of Sandra H. OsterlWld and against Jan A. Osterlund in the Equity Action. 9. On December 8,1997, a judgment in the amoWlt of$II,263.00 was entered in favor of 10. On September I, 1998, a judgment in the amount of$14,137.52 was entered in favor . i I I i i Sandra H. OsterlWld and against Jan A. OsterlWld in the Equity Action. i:i of Sandra H. Osterlund and against Jan A. Osterlund in the Equity Action. I; !( I: II. The judgments set forth in the four preceding paragraphs remain due and owing to Sandra H. OsterlWld. 12. By document entitled "Quit-Claim Deed" dated May 4, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 220, Page 1100, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference thereto, Defendant Jan A. OsterlWld purported to "grant, bargain and sell, release, confinn and Quit Claim" a certain tract ofland situate in Lower Allen Township, Cumberland COWlty, Pennsylvania to Defendant Greenpoint Mortgage Corporation in consideration of the sum 01'$1.00. 13. By document entitled "Quit-Claim Deed" dated May 30, 2000 and recorded in the LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Office of the Recorder of Deeds in and for Cumberland COWlty, Pennsylvania, in Deed Book 2h, Page 386, a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference thereto, Defendant Jan A. OsterlWld purported to "grant, bargain and sell, release, 2 confirm and Quit Claim" a certain tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania to Defendant Greenpoint Mortgage Corporation in consideration of the sum of$1.00. 14. Jan A. Osterlund was insolvent at the time ofthe transfers set forth in the foregoing Paragraphs 12 and 13 or became insolvent as a result of said conveyance. 15. The transfers set forth in Paragraphs 12 and 13 above were made with actual intent to hinder, delay or defraud Sandra H. Osterlund, a present and future creditor of Jan A. Osterlund. 16. The transfers set forth in Paragraphs 12 and 13 above were made without Jan A. Osterlund receiving a reasonably equivalent value in exchange for the transfer and Jan A. Osterlund reasonably should have believed that he would continue to incur debts beyond his purported ability to pay. WHEREFORE, Plaintiff Sandra H. Osterlund respectfully requests your Honorable Court avoidance of the transfers set forth in Paragraphs 12 and 13 above; an attachment of the asset transferred; an injunction against further disposition of the assets by Defendants and other relief as circumstances may require. Respectfully submitted, LAW OFFICES SNE:LBAKER, BRENNEMAN & SPARE ::'l??ii?:;_'PC Ph ip H. Spare, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Plaintiff, Sandra H. Osterlund Date: July 7, 2000. 3 ,~ LAW OFFICES SNELBAKER. BRENNEMAN & SPARE .....'~,," ,""""'j--." VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. '~'~ O:/t~ .. Le4 ../. // Sandra H. Osterlund Date: July 7 ,2000 . - , .aa!;12I!~,' 1\iL)O ~...... R.O!JE;":T !", Z!:.:<~LEf1 QUIT-CLAIM DE~ij~l{o.r:!: ,j,' :jEE,~S "tj(,,,E,,L,,IIJ CO.Jl1 I . -1'.\ 'DO rinV 10 Af'll111 This Indenture, made the cf' day of #"1' 2000 , Between JAN A. OSTERLUND (hcl'cinarter called the Grantor). of the one p:lrt, Hill! GRI~ENPOlNT MORTGAGE CORP. (hereinafter called the Grantees), of the other port, Witnesseth, that the said Grantor for and in consideration of the sum of ONE DOLLAR nnd 00/100 ($t.OO) lawful mnney of the United States of America, unto her well and truly paid by the said Grantees. "t or hefore the sealing and delivery hereof, the receipt whereof is hereby acknowledged, has granted, bargained and sollJ. ,r~leased and confirmed. and by these presents does grant. bargain and sell, release and cOllnrm nnt! Quit Claim unto the said Grantees, as Tenants by the Entirety. their assigns, the survivor of them and the survivor's pl~rsonal representatives and assigns. ^I~l. :THAT' CERTAIN tract of hmd situnte in Lower Allen Township. Cumherland County, Pcnnsylvclllia, klltlWI1 .IS Lo!. No. lion lhe Preliminary! Pinal Subdivision Plan of Jan A. OSlerlund, pn:parctl by C. W. Jlll1kins Associates, Inc. dated November 22, 1994 revised December 30, 1994, and recorded in the CUll1herlallli County Recorder's Office in Plan Book 69, page 60, more particularly hounded and described as follows, to wit: IlI~GINNING at a point at or near Ihe center line of Slate Hill Road at the dividing line of the within de,cribed Lal and Lnt No. 12 on the llforementioncd suhdivision plan; THENCE along said dividing line the following two courses and di"ances; (I) North 11 degrees 35 minutes 00 seconds East, a ciisrance of 276.67 feellO a point rhen<;e (2) Norlh 40 degrees 58 minutes 30 seconds Easl, a distance of 1038.76 feet 10 a poinl al land, Chrislian Life Assembly; THENCE along the dividing line of the within deseribed lot and lands of Christian Life Assembly, South 37 degrees 02 minutes 34 seconds East, a distance of 229.75 feet to a point at lands now or formerly of Wilma J. OSlerlund; THENCE along the dividing line of the within described lot and lands now or formerly of Wilma J, Osterlund, the following three courses and distances: (I) Soulh 48 degrees 26 minutes 15 second, West, a distance of 66.07 feel 10 a point, thence (2) South 36 degree. 10 minule. II seeonds Easl, a dislance of 887.92 Feel to a poinl thenee: (3) South 39 degrees 51 minutes 00 seconds West, a distance of 305.04 feet 10 a point; thence TSS240-001B4 h '0'. .... '-:'U' p".'l' J ....r. IJIJ ,. An.", ,II.:L.L Vu EXHIBIT "A" Page 1 of 4 ". ~ --,., ~ ~=" (4) South 60 degrees 19 minutes 30 seconds West, a distance of 143.05 feet' to a point at or near the center line Slate Hill Road; THENCE in and along the center line of Slate Hill Road the following two courses and distances: (I) North 70 degrees 58 minutes 00 seconds West, a distance of 100 feet to a point, thence (2) North 78 degrees 58 minutes 00 seconds West, a distance of 948.71 feet to a point at the dividing line of the within described Lot and Lot No. 12, and the POINT AND PLACE OF BEGINNING. CONTAINING a gross area of 20.556 acres, a dedicated right-of~way area of 0.729 acres and a net area of 19.827 acres. SUBJECT to a PP&L Company transmission line, a 44-foot flammable structure right-of-way, as well as other conditions and restrictions shown on the Plan to such conditions. reservations, restrictions, easements and rights-oF-way as may appear in prior instruments of rp.C':ord. IlA VING thereon erected a two-story dwelling known and numbered as 1515 Slate Hill Road, Camp I-lill, Pennsylvania. ngING the same premises which Jan A. Osterlund cmd Lis" M. Ficclrri~Ostcrlllnd, by deed recordell April 22, 1998, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Book 175, page 965, granted anti conveyed unto Jan A. Osterlund. Together with all and singular the buildings and improvements. ways, streets, alleys, driveways. passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and tile reversions and remainders, rents, issues, and profits thereof; and all the . estate, right, title, interest, property, claim and demand whatsoever of her, the said grantor, as well at law as in equity, of, in and to the same. To have and to hold the said lot .or piece of ground described above, with the buildings and improvements tllereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said. Grantees, their heirs and assigns, to and for the only proper use and behoof of tile said Grantees, their heirs and assigns, forever. And !he said GrAntor, For hersl~lf and her heirs, ~XL'cutors 2nd admini~tratf)n;, dDe.'), l,y thes(. prcl!cl1ts, covenant, grant and agree, to and with the said Grantees, their heirs and assigns, that she, the said Grantor, and her heirs, all and singular the hereditaments and premises herein described and granted, or mentioned ami intended so to be, with the appurtenances, unto the said Grantees, their heirs and assigns, against her, the s<lid Grantor, and her heirs, and against all and every other person and persons whosoever lawfully claiming or to claim the same or any part tllereof, by, from or under him, her, it, or any of them, shall and will T88240.00184 DDUK 220 p,\_,iic.1 EXHIBIT "A" Page 2 of 4 '~~;, In Witness Whereof, the party of the first part has her unto set her hand and seal. Dated the day and year first above written. I: I I Sealed and Delivered IN THE PRESENCE OF US: E~~/ /h;.( ~ J/ JAN A. STERLUND {SEAL} Commonwealth of Pennsylvania : County of [~bt.......Ia..I...d.. : ss 4<>'L =0 On this Ihe day of';\:'"tefore me. a Notary Public for the Commonwealth of Pennsylvania, residing in the Couuty of (1...Jo../a...d., the undersigned Officer. JAN A. OSTERLUND personally appeared, known to me (or sa~isfactorily proven) to be the person whose nameis subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF. I hereunto set my hand and official seal. Na~r~.~p My commission expires OeJ. tlo, 2()()..3 The address of the nhove-nmlled Grantees is: 3:D.MYiurY) LL'C:3'.l J..t\l-JI \.1 €D ~ y(~~~~ C~l{.'):3-1 ., On behaif of the Grantees NOTARIAL SEAL Dawn E. Naco, Notary Public Twp. of Lower Allen, County of Cumberland My. Commission Explms Oct. 16, 2003 ~~,';~k~~~~i~:l~ '_ ..~. ~~~, ',,:.~; ~!~\;;~l~li.j:;:...~.~: ....,.,.!...,~'\.I'...... .~ .' I' _ t 1~li~~~~~4'{ii~bt.~~I~'": ;:~I :~ ~.; ~ .: ~.:I'l;: :~--ffWtl'. "'J1~ f-:J,M;\Il;\'1 . ~..~:;,~~_\~:jJ~1~t:~:!~.~~~f.~.!F' ~ . i <;t\ilii~~t;~:~ir;::r" "r""ll,l;i. ,".l,~'i ~.~ '"~ ... . ", ,i,l,' ~ \o"\~. ;.\ : ',,~:,:!\.I: \" ',' 'i. trile No. ~ Record and return to: ':; Edward L. Redding, Esquil'e ~ 548 North New Street ~ Bethlehem, PA 18018 .,;erd;El:~;lii~l!~f;':i",::/;, ,~q~i,.J',i:!~j.~j4iP.I~H"" t~Ll~'~U< ,,' : :,:~~Jl~!.~!;f!J~~~~'~;~~t~~j;:r:I:':'~J State of pennSylvania} . ': ~ '''-i>P..~-~,'~-'':':' !~:':,1'~- :'.' County of Cumberland - ;;,:.:;~;:,~: f'!~~:!}~::;~' :'i',~: ,.' R~"H~?rdalj in th~ office for the reCOrding'b.~.,~.,...~,~.".:'~.:.':f;.,.'l.ij{~~..:;'..~H..,:::' ~:! . my.nd for bJJ..~Pl'lrlor.~ollnty. Pa. ',;,~;;:: ~::~:;f:'1"~:~,..;;.:t"1( II eR~~ Bookct::;tJ Vnl. -- ~i1gelJaL2 !:f t, '.! .. ',~' ':1;'i!.~1';1l'"': V..ln8SS my h:lnd and r'.!ll of office of -. r1A.:l'i~iJ.',,! .'~ eMI;,I.. PA this Q day of /TlA-') . ~. .. iioOK 220 PALiiiC:t! ~~r~ TSS240-Q0184 EXHIBIT "A" Page 3 of 4 .. . ;,- - t),,~-1t{ ~fv.tal IX pl'91) * RECORDER'S USE OM r Slot. T.." P.,id COMMONWEALTH Of PENNSYlVANIA DEPARTMENT Of IIEVENUE aUREAl,1 OP INDIVIDUAL TAXES OEPT.280603 HARRISBURG, PA 17128.0003 REALTY TRANSFER TAX STATEMENT OF VALUE Boo IImb.r Pog. Numb.. See Reverse for Instructions Delt.R"o., e;;.hl Dolo 0 Accoplcmc:e of DOCl,llnllnl Gronr.e($l/lesiee(sh ,,,9fJr.,n ~MM f.1Drfge1fr ?If) A-tnum \ t..\t\ \ \ City 9 Slola MI. J.../JJ)Iu) frI/l P Zip'.Codo-- . . .' I. Aclual Cllih Coniidllro.ion :l! 1..00 4. Counly A$~r~ Dlue . .' 10. Amount of txemplion Claimed _JiXL% fb.' l'eruniClg. 'of {nllmnt Conveyed /00 '10 2. Chec;:k A.ppropriate Box Belaw for Exemption Claimed Transler between principal and ogenl. {Altoch complete copy of agency/strow parly agreement.) Tronsfers to the Commonwealth. the United Sloles and Instrumentalities by gih. dedication, condemnation or in lieu of condemnation. Ilf condemnation or in lieu of candemnalion, olloch copy of'resolulion.) o Transfer from mortgagor to 0 holder of 0 mortgoge in defouh. Mortgage 800k Number . Page Number -----' o Corrective or confirmatory deed. (Allach complete copy of the prior deed being corrected or copfirmed.) o Stalutory corporate consolidalion, merger or division. (AUoch copy of orti<;les.) . ~ 0.." WI.a.o oxpla;. oxomp';a. daim.d, if a,hor I.a. Ii,'od aba".) ~s.~ rj; -WllS 1leff} \3 -In rorrtrf -\-\1~ Le~ ~~ ~\~~: ~~ \~\~ ~\~ t:~r ~\\eIL~. WP,lch l ':., 6\dr\~ 0 . (\ &r\" m Ul40 Under pent.Jllies of law, I declare IhOlt I hay. examined this Slatement, including accompanying information, and to the best of my knowledge and belief. If is true, correct and complete. Slg Ute Qf CQuelponde I or II 01 Ie Porty o o o o o Transler to Industrial Development Agency. Trander 10 a trusl. IAllach complete copy of Irusl ogreemenlldenlifying 011 beneficiaries.) Will orinlestale succession INamllol Dee.d.nl) (EIIOI. fil. Nwmb.r) P,IGi1!03 FAILURE TO COMPLETE THIS FORM PROPERLY OR TT CH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL TO RECORD THE DEED. EXHIBIT "A" Page 4 of 4 - ~" ~ - "., ~~<OI,j!;~-Ji-, 1'77'7>. ct-.:::r QUIT-CLAIM DEED nO::'E::T :', Z1r.:(';U;R fU:COf::-:::': .:,;:- Cr:EOS rl!ll"I"::nl/'.~ C,....,"~.V PI .... 1.'1' J". ,\ ...:,,, _' . ~.".J II J I - ,< 'OO,IUN 1 nf'110 36 This Indenture, made the .2JJ-l1.- day of r~J 2000 , Between JAN A. OSTERLUND (hereinafter called the Grantor). of the one purt, and GREII!:NPOINT MORTGAGE CORP. (hereinafter called the Grantees). of the other part. Witnesseth, that the said Grantor for and in eonsideration of the sum of ONE DOLLAR and 001100 ($1,00) lawful money of the United States of America. unto her well and truly paid by the said Grantees. at or hefore the sealing and delivery hereof, lhe receipt whereof is hereby acknowledged, has granted. bargained and sold, released and confirmed, 'and by these presents does grant, bargain and sell, release and confirm and Quit Claim unto the said Granlees, as Tenants by the Entirety, their assigns. the survivor of them and the survivor's personal representatives arid assigns. AI,L THAT CERTAIN tract of land situate in Lower Allen Township, Cumberland County. Pennsylvania, known as Lot. No. lion the Preliminaryl Final Suhdivision Plan of Jan A. Osterlund, prepared by C.W. JuukinsAssociates, Inc. dated November 22, 1994 revised December 30, 1994, and recorded in the Cumherland County Recorder's Office in Plan Book ~9. page 60, more particularly bounded and descrihed as follows, to wit: A/so s~<: P/al> Rec..o...Ju,>, 1"1,,>, 6",1: 7/ t"<<.?" /01'.3 BEGINNING at a point at or near the center line of Slate Hill Road at the dividing line of the within described Lot and Lot No. 12 on the aforementioned subdivision plan; THENCE along said dividing line the following two courses and distances; (I) North 11 degrees 35 minutes 00 seconds East, a distance of 276.67 feet to a point thence (2) North 40 degrees 58 minutes 30 seconds East, a distance of 1038.76 feet to a point at lands Christian Life Assembly; THENCE along the dividing line of the within described lot and lands of Christian Life Assembly, South 37 degrees 02 minutes 34 seconds East, a distance of 229.75 feet to a point at lands now or formerly of Wilma J. Osterlund; THENCE along tbe dividing line of the within described lot and lands. now or formerly of Wilma J. Osterlund, the following three courses and distances: (I) South 48 degrees 26 minutes 15 seconds West, a distance of 66.07 feet to a point, thence (2) South 36 degrees 10 minutes II seconds East, a distance of 887.92 Feet to a point thence; (3) South 39 degrees 51 minutes 00 seconds West, a distance of 305.04 feet to a point; thence TSS240-00184 000.... 222. [',iGE JB6 EXHIBIT "B" Page 1 of 4 " ^"'-,-- " ~- _ c < ~~ ~""-"~ (4) South 60 degrees 19 minutes 30 seconds West, a distance of 143.05 feet to a point at or near the center line Slate Hill Road; THENCE in and along the center line of Slate Hill Road the following two courses and distances: (I) North 70 degrees 58 minutes 00 seconds West, a distance of 100 feet to a point, thence (2) North 78 degrees 58 minutes 00 seconds West. a distance of 948.71 feet to a point at the dividing line of the within described Lot and Lot No. 12, and the POINT AND PLACE OF BEGINNING. CONTAINING a gross area of 20.556 acres, a dedicated right-of-way area of 0.729 acres and a net area of 19.827 acres. Less and Excepting Lot 11A sold from Jan A. Osterlund and Lisa M. Osterlund to Wilma J. Osterlund and Eugene B. Scheer, husband and wife recorded April 4, 1996 in deed book 137, page 158. SUBJECT to a PP&L Company transmission line, a 44-[00t flammable structure righl-of~way. as well as utiler conditions and restrictions shown on the Plan to such conditionst reservations, restrictions, easements llIuJ rights-oF-way as may appear in prior instruments of record. HAVING thereon erected a two-stury dwelling known and numbered as 1515 Slate Hill Road, Camp Ilill, Pennsylvania. BEING the same premises which Jan A. Osterlund and Lisa M. Ficarri-Osterlund, by deed recorded April 22, 1998. in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Book 175, page 965, granted and conveyed unto Jan A. Osterlund. Together with all and singular the buildings and improvements, ways, streets, alleys, driveways. passages, waters, water-courses, rights. liberties, privileges, hereditaments. and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remaim.lers, rents, issues, and profits thereof; and all tile estate, right, title. interest, property, claim and demand whatsoever of her, the said grantor, as well at law as in equity, of, in and to the same. To have and to hold the said lot or piece of ground described above, witll the buildings and improvements thereon erected~ heredltaments and premises hereby granted. or mentioned and intended so to be. with the appurtenances. unto the said Grantees. their heirs and ;:tssigns, t.o and for the only proper use and behoof of the said Grantees. their heirs and assigns. forever. And the sHid Grantor. for herself and her heirs, executors and administrators, does. by these prcscnts, covenant, grant and agree, to and with the said Grantees, their heirs and assigns, that she, the said Grantor, and her heirs, all and singular tho hereditaments and premises herein described and granted. or mentioned ;md intended so to be, with the appurtenances. unto the said Grantees, their heirs and assigns. against her. the said Grantor, and her heirs, and against all and every otller person and persons whosoever lawfully claiming or tn claim the same or any part thereof, by, from or under him, her, it, or any of them, shall and will aOOK 222 fAGE 38'1 T55240-00164 . EXHIBIT liB" Page 2 of 4 ~" - ~, ~~ ~i<_ In Witness Whereof, the party of the first part has hereunto set her hand and seal. Dated the day and year first above written. Sealed and Delivered IN THE PRESENCE OF US: I~A ,C'ueJu-v JANA. {SEAL} Commonwealth of Pennsylvania County of C...oM-be.vI......t : ss "rl."- M,2.000 On this the-day of , , before me, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cv.-Y.>.....\..,4 the Undersigned Officer, JAN A. OSTERLUND personally appeared, known to me (or satisfactorily proven) to be the person whose nameis subseribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOP; I liereunto set my hand and official seal. JO{Lv..v)C! -r7r1fiP Notary Public ( My commission expires Od I b, 200,3 The address of the above-named Grantees is: ..':W IlIrr:Jm ;,Y:u! jUt.! J/~t? . ' ._,.j /) l.t. l.fiU'.iI I {',.1 1&'[1 .-"" ..... '--==-. .... 6n hehalf of the Grantees NOTARI~I.SEAL Oswn E. Nacn, ~lafary PublIc Twp. of I.m\~r Alkln, County 01 Cumberland My CommissIon E><plres Oct. 18,2003 StaiD of Pennsylvania } Pile No. County of Cumberland ". Record and return to: R.,cord.d in tho office for the recording of Deed. .~ Edward L, Redding. Esquire ict. iA .nd f~b'dnnd Cou~lV'~/_ Do .1101. _ .ge~ x 548 North New 8trtet IUness my hln'tSf ..., of olli!\", ?fn . (Xj ~ Bethlehem, PA 18018 Carlisi., PA this d.~ olp"""'-'. - ~~ , . "';"'~~i,::~i~l~~'~!"~" ,.,":l;\';,il!1~;"::~i~'" ,.., -?~lr,,~~~tn7a~I'@Jt'119f";")!:W,'qt "~!:iII"""'.~\!Il. .~. ..,.,." , .' , ..,": ~:'..,. ~ .' ll. '~ ""r..;:,_c:;~..,;v, ""'~.' ,: ~ ,..~~{tl;' "VI'."l4'."''''~''~'h'~.'''' . \. ',' 'J~~IJ!c'!l. ':....~~.~ _\"','1*.-;: p~'~.,,_ ".~!~;... ~,~.,..)~i'?~~Jl\jl''''ir.~ih ~j],~~~~~:/J,{tf~iU" \i;;~~~'~l~'~ :;. ',: 1j-'"~. ~-.,I. " .. .... :J.A1,......":II"r..~.~f.,.~ I'~'<'. .....', t,......~..",., .,.... '~..OOj~ ,O'...~~ t:}~,f/k;";, .~ '1- .. . 8,....,'''-~~.~..~1i'' '/~'r >", ;::;.: ~~;;,7"~'()~:.l. ;; ~ ,,'l:W~.' '1(...I!;.\J.-.. . " '~;'i'f'-.\ \'''~J''.'..: BOOK 222 pm 3aB T55240-00184 EXHIBIT "B" Page 3 of 4 ';. '","~ ' , ,~~ -,0 __~,,~ """,~. , C~~1 REV~UEX 1l1.92) . RECORDER'S USE OM Y S11I1' II_Poi COMMONW~ALTH Of PE.NNSYLVANIA OEPARTMeNT OF ReVENUE aURfA,U OF INDlvtDlIAL TAXES OEPT. ~80603 O~I' Sl~M HARRISBURG, PA \7128.06QJ See Reverse for In$tructions ~ c() ~a~plafe aoc:h.'lection and file in,dlJplic:ofe with Recorda.r of Dee~' when (I) the full vplue/conl/deration ~I no~ let forth In tha deed, (21 whun tho deed II wIthout conllderatlon, or by gift, or (3) a tax exempllon I. claimed. A Statument of Value I. not required IF Iha troRsfer is wholly exempt from tax bOloa on: n t ~amily reICltlon,s,hip or (21 publjc utility ea'ament~ If more space is needed. aUQ(h addilloRol Sh~~fN' ',1. -. .. t REALTY TRANSfER TAX STATEMENT Of VALUE " u/Il,r , t. Acluel ash Conslderallon :!I/.OO . 1 a. Amoun! of exemplian Claimed lb. PGrCenla9~ of Ini.rasfConveyed /00 '10 2. Chack Appropriate Box a.low for Exemption Claimed Transfer between princip131 and agenl. {Allaeh complale copy or agency/straw party agreement.) Transfers 10 the Commonwealth, the United Slales and Inslrumentalities by gih, dedication, condemnation or in lieu 'of condemnalion. (If condemnation or in lieu 01 condemnation, alloch copy of resQlution.) o Transfer from mortgagor to a holder of 0 mortgage in default. Mortgage Book Number , Poglt Number ----. o Corrective or confirmatory deed. {Allaeh eomplate copy of the prior deed being corrected or copfinned.l o o o o o o Transfer 10 Industrial Development Agancy, Will or intestate succession INGm"alD"lKhllfl /EpOI. ,n. N~mMI Transfer 10 a Irust. {Alloch complele copy of Irust agreement idenlifying all beneficiaries.) Under penalties of law, I declare that I hove examined this Statemert, Including 0 and bellef. it Is true, correct and complete. r Slgnatur. G;r:c f_~._Pandll,nt or R.~P. g.ulb . Party /. ~ 'C - ~~ I... FAILURE TO COMPLETE THIS FORM PROPERLY OR ATTACH APPliCABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL TO RECORD THE DEED. ii1iOK 222 PAGE 389 EXHIBIT liB" Page 4 of 4 . " "~ ",' '~-~ ~.. ", '- ,-. ~ 012234-00001/9.1.I.OO/RWS/DCP/138228.1 SANDRA H. OSTERLUND, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiff NO. 2000-4847 EQUITY 1ERM v. CIVIL ACTION - EQUITY IAN A. OS1ERLUND, GREENPOINT MORTGAGE CORPORATION and GREENPOINT MORTGAGE FUNDING, INC., Defendants NOTICE TO PLEAD TO: Sandra H. Osterlund You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER By: --:;U&~ Richard W. Stewart Attorney LD. No. 18039 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Greenpoint Mortgage Corporation and Greenpoint Mortgage Funding, mc. ~ ' - ~- - ". "- ~-,,, 0, __j__;,__ 'c_' ,_ __" '""-,, '_',~_"""j "", " ,"~__, ' ~' ~ >,;'~~ 012234.00001/9.11.00/R\lVS/DCP/138228.1 SANDRA H. OSTERLUND, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiff NO. 2000-4847 EQUITY TERM v. CIVIL ACTION - EQUITY JAN A. OSTERLUND, GREENPOINT MORTGAGE CORPORATION and GREENPOINT MORTGAGE FUNDING, INC., Defendants ANSWER OF GREENPOINT MORTGAGE CORPORATION AND GREENPOINT MORTGAGE FUNDING, INe. WITH NEW MATTER AND COUNTERCLAIM 1. Admitted. 2. Admitted. 3. Admitted. By way of further answer Greenpoint Mortgage Corporation has been merged into Greenpoint Mortgage Funding, me. 4. Admitted. 5. Admitted. 6. Admitted. 7, Admitted. 8, Admitted. ~ '", ;,1..", ,-,' "-ol-", h '",-O:_j ",,_,-.., _ b ' -'}~, 012234-00001/9.11.00/RWS/DCP/138228.1 9. Partially admitted and partially denied. It is admitted that a judgment in the amount of $11,263.00 was entered in favor of Sandra H. Osterlund against Jan A. Osterlund in the equity action, but it is denied that the date thereof was December 8, 1997. The correct date was December 18, 1997. 10. Admitted. 11. Denied. After reasonable investigation, the Defendant is without knowledge as to the truth of the averment contained in paragraph 10 and strict proof thereof is demanded at trial. 12. Partially admitted and partially denied. It is admitted that a deed was executed and recorded and contained a stated consideration as set forth in the averment of the Plaintiff. It is denied, however, that the actual consideration was the sum of$I.00. By way of further answer, it is averred that the deed was made in consideration of the sum of $447,841.52 owed by the Defendant Jan A. Osterlund to the Defendant Greenpoint Mortgage Corporation as evidenced by a judgment entered in the Court of Common Pleas of Cumberland County, Pennsylvania to No. 98- 7185 Civil. 13. Partially admitted and partially denied. It is admitted that a deed was executed and recorded and contained a stated consideration as set forth in the averment of the Plaintiff. It is denied, however, that the actual consideration was the sum of $1.00. By way of further answer, it is averred thatthe deed was made in consideration of the sum of $447,841.52 owed by the Defendant Jan A. Osterlund to the Defendant Greenpoint Mortgage Corporation as evidenced by a judgment entered in the Court of Common Pleas of Cumberland County, Pennsylvania to No. 98- 7185 Civil. 14. Denied. After reasonable investigation, the Defendant is without knowledge as to the truth of the averment as to whether or not Jan A. Osterlund was insolvent at the time of the transfer set forth above strict proof thereof is demanded at trial. It is denied that deeds set forth above rendered Jan A. Osterlund insolvent. On the contrary, the deeds set forth above were given to the Defendant Greenpoint Mortgage Corporation in order to correct an erroneous legal description contained in a deed given by the Sheriff of Cumberland County to the Defendant Greenpoint Mortgage Corporation recorded in Cumberland County Deed Book 209, Page 1046. 15. Denied. It is denied that the transfers set forth in paragraphs 12 and 13 were made with any intent to hinder, delay or defraud Sandra H. Osterlund. On the contrary, the Corrective Deeds were given to the Defendant in order to correct on erroneous legal description contained in a deed from the Sheriff of Cumberland County to the J ."",,_" ,.'~" b",;U;k';',,,,",,,- ,--' . ,", ,,-_"_"'~-~ ',",__.:--~'" -', ,'-, ":,,,, "-""",' , ~"-'=-Ji:, 012234-00001/9.11.00/R\0lS/DCP/138228.1 Defendant Greenpoint Mortgage Corporation recorded in Cumberland County Deed Book 209, Page 1046 and were intended to allow the Defendant Greenpoint Mortgage Corporation to possess collateral that it bargained for in making a loan to the Defendant Jan A. Osterlund. 16. Denied. It is denied that the transfers set forth in paragraphs 12 and 13 were made without Jan A. Osterlund receiving a reasonably equivalent value in exchange for the transfer. On the contrary, the transfers were made to correct an erroneous legal description contained in a deed from the Sheriff of Cumberland County in Deed Book 209, Page 1046, were given to allow the Defendant Greenpoint Mortgage Corporation to realize collateral which it had bargained for in making a loan to the Defendant Jan A. Osterlund. NEW MATTER 17. On or about April 20, 1988, the Defendant Jan A. Osterlund and the Plaintiff Sandra H. Osterlund, executed and delivered a deed conveying 42.59 acres including the dwelling known as ISIS Slate Hill Road, Lower Allen Township, Cumberland County, Pennsylvania, to Jan A. Osterlund. The deed was recorded on August 25, 1988, in the Office ofthe Recorder of Deeds of Cumberland County in Deed Book N, Volume 33, Page 597. 18. On or about January 31, 1995, Jan A. Osterlund and Lisa M. Ficarri-Osterlund executed a deed conveying 20.556 acres including a dwelling known as ISIS Slate Hill Road to Jan A. Osterlund and Lisa M. Ficarri- Osterlund. This deed was recorded on February I, 1995, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 118, Page liS. 19. On or about April 22, 1997, Jan A. Osterlund and Lisa M. Ficarri-Osterlund executed a deed conveying the same premises described in Deed Book 118, Page liS, to Jan A. Osterlund. The deed is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 158, Page 423. The legal description contained in the deed was incorrect. 20. On or about April 22, 1997, in consideration of the loan of $375,000.00 made by the Defendant Greenpoint Mortgage Corporation to the Defendant Jan A. Osterlund, the Defendant Jan A. Osterlund executed and delivered a Note and a Mortgage on property known and numbered as ISIS Slate Hill Road, Camp Hill, Pennsylvania. The Mortgage is recorded in Cumberland County Mortgage Book 1384, Page 421. The Mortgage contained the same incorrect legal description contained in paragraph 19 above. .~ ". ': ",' -J;r-U,'" " " ~,' ~'" . '-';";d-C-",-,"",J-l ;":"'_'C , ~_:~'-'_" ';'~'" h',~~ -~''"' .~,;,__ ,~' > '1" ',::; 012234-0000119.11.00IR\i)lSIDCPI138228.1 21. On March 9, 1998, the Defendant Jan A. Osterlund and Lisa M. Ficarri-Osterlund executed a deed conveying 1515 Slate Hill Road, Lower Allen Township, Camp Hill, Cumberland County, Pennsylvania to Jan A. Osterlund. The deed contained the correct legal description and the same legal description that was contained in Deed Book 118, Page 115. The deed dated March 9, 1998, is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 175, Page 965. 22. On June 1, 1999, the Defendant Greenpoint Mortgage Corporation entered a judgment against the Defendant Jan A. Osterlund in mortgage foreclosure to No. 98-7185 Civil in the Court of Common Pleas of Cumberland County, Pennsylvania in the amount of $447,841.52, which judgment set forth that "the real estate which is the subject matter of the complaint was situate in the Township of Lower Allen was known as 1515 Slate Hill Road and was identified as Tax Parcel No. 13-10-0258-018. 23. On or about August 3,1999, a Notice of Sheriffs Sale of Real Estate Pursuant to Pennsylvania Rule of Civil Procedure 3129.1 indicating that the real estate of the Defendant Jan A. Osterlund known as 1515 Slate Hill Road, Tax Par,;el No. 13-10-0258-018, was to be sold at a Sheriffs Sale on October 6, 1999, at 10:00 a.m. to satisfY the judgment of Defendant Greenpoint Mortgage Corporation was mailed to the Plaintiff, Sandra H. Osterlund, in care of her attorney's, Snelbaker, Brenneman & Spare, 44 West Main Street, Mechanicsburg, Pennsylvania 17055. A true and eorrect copy of the Notice is attached hereto as Exhibit "A". A true and correct copy of the Affidavit of Service is attached hereto as Exhibit "B". 24. On Oetober 6, 1999, the Sheriff of Cumberland County exposed the property known as 1515 Slate Hill Road, Tax Parcel No. 13-10-0258-018, to public venue or outcry at the Cumberland County Courthouse and sold the same to Greenpoint Mortgage Corporation for the sum of $1.00 on account of the judgment entered in favor of Greenpoint Mortgage Corporation and against Jan A. Osterlund to No. 98-7185 Civil. 25. The Plaintiff, Sandra H. Osterlund, was not the successful bidder at the aforesaid Sheriffs Sale referred to in paragraph 24 above. 26. The Plaintiff, Sandra H. Osterlund, did not file any objection to the Sheriffs Schedule of Distribution with regard to the Sheriff s Sale referred to in paragraph 24 above, nor did the Plaintiff, Sandra H. Osterlund, file any action to prevent the conduct of the Sheriff s Sale set forth above. 27. On October 18, 1999, the Sheriff of Cumberland County executed and delivered a deed to Greenpoint = "" ' -<'~ " ~"',,'-, ,,' 'l'," ~~'"-- "c" '-_~"l-' '" ' ~,""" .>' 012234.Q0001/9.11.00/R\(IfS/DCP/138228.1 Mortgage Corporation for Tax Parcel No. 13-10-0258-018 known as ISIS Slate Hill Road, Lower Allen Township, Cumberland County, Pennsylvania pursuant to the judgment obtained in mortgage foreclosure to No. 98-7185 and the Sheriffs Sale conducted pursuant to the judgment entered to No. 98-7185. The Sheriffs Deed was recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 209, Page 1046. 28. The aforesaid Sheriffs Deed while identifying the correct tax parcel number for property known as ISIS Slate Hill Road and containing a reeital referring to a deed that contained a correct metes and bounds description for property known as ISIS Slate Hill Road contained an erroneous metes and bounds description. 29. On May 4, 2000, the Defendant, Jan A. Osterlund, granted and conveyed a Quit Claim Deed to Greenpoint Mortgage Corporation which Deed was recorded in Record Book 220, Page 1100 to correct the erroneous legal description contained in the aforesaid Sheriff s Deed. 30. On May 20, 2000, the Defendant, Jan A. Osterlund, executed and delivered to Greenpoint Mortgage Corporation a further Corrective Deed which Deed was recorded in Cumberland County Deed Book 222, Page 386 to correct the erroneous legal description in the Sheriffs Deed and to correct an erroneous legal description in the prior Corrective Deed recorded in Deed Book 220, Page 1100. A true and correct copy of the Deed is attached hereto as Exhibit "C" and is made a part hereof by reference. WHEJU;FOJU;, Defendant Greenpoint Mortgage Corporation prays that the Plaintiffs Complaint be dismissed. COUNTERCLAIM 31. Paragraphs 17 through and including paragraph 30 of the Defendant's New Matter are incorporated herein by reference. WHEREFORE, Greenpoint Mortgage Corporation prays that Your Honorable Court enter an order that Sandra H. Osterlund be forever barred from asserting ariy right, lien, title or interest in the land described in Exhibit "C" attached hereto and that the Defendant Greenpoint Mortgage Corporation is entitled to the quiet and peaceful possession of the real property described in Exhibit "C" as against the said Sandra H. Osterlund and against all persons claiming under her. -.. O---,-"C"."," ~ ,~ ' .",' ,,_n~, ,'.-' '.\..' -.0" _ :. ,Yo 012234-0000119.11.00IR~SIDCPI138228.1 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ~#P Richard W. Stewart Attorney J.D. No. 18039 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Greenpoint Mortgage Corporation and Greenpoint Mortgage Funding, Inc. " ~ .~" , eo -'<, ~~' :::;: VERIFICATION I, James F. Brown, Vice President of Green point Mortgage Funding, Inc., the Defendant named in the foregoing Answer with New Matter and Counterclaim, as such I am authorized to make this Affidavit on Defendant's behalf and have knowledge of the facts set forth in the foregoing and that said facts are true and correct to the best of my knowledge information and belief. I understand that false statements made herein are subject to the penalties of l8Pa.C.S. ~4904 relating to unsworn falsification authorities. P. ~" ,~ -~ -~-" ~" "'-~ " . ~ - ~ ~"' =~'. ,_ ,~ 'C I'll' - . """~, -\ I I<J IIO-.....J ^ . NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Jan A. Osterlund 1515 Slate Hill Road Camp Hill, PA 17011 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to a continued Public Sale in Cumberland County Courthouse on October 6,1999 at 10:00 A. M., the following described real estate, of which Jan A. Osterlund is/ are owners or reputed owners: Situate in the Twp. of Lower Allen, Cumberland Cty., Cmwlth of P A, being Lot No.7. HET a dwg. k/a 1515 Slate Hill Road, Camp Hill, PA 17011. Being Parcel #13-10-0258-018. The said Writ of Execution has issued on a judgment in thc mortgage foreclosure action of Greenpoint Mortgage Corp. vs. Jan A. Osterlund and The United States of America at No. 98-7185 in the amount of$447,841.52. Claims against property must be filed at the Office of the Sheriffbetore above sale date. . Claims to proceeds must be made with the Office of the Sheritfbefore the sale date. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. EXHIBIT "A" ~- - ,~ .~ " ' "L~'c. ' "" - ~ . . CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY A VENUE CARLISLE, PA 17013 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. [fthe judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. . You may also have the right to have the Sheriff's Sale set aside if the property is sold tor a grossly inadequate price or if there are defects in the Sheriff's Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed ifno petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. /tfr~ u i# Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh,PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** z-- ~ ">" = - ~ ~ ~~ ~"_, .~ '~L, _ - ""'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREENPOINT MORTGAGE CORPORATION, CIVIL DIVISION Plaintiff, NO. 98-7185 CIVIL vs. AFFIDAVIT OF SERVICE IAN A. OSTERLUND and UNITED STATES OF AMERICA Code Defendants. Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA LD. #3810 Supreme Court #01072 . Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 EXHIBIT RB" -~.~~> . ... ' ~" . . c "'-,' , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GREENPOINT MORTGAGE CORPORATION Plaintiff, vs. NO.98-7185 CIVIL JAN A. OSTERLUND and UNITED STATES OF AMERICA Defendants, AFFIDAVIT OF SERVICE I, Jennifer Mia1ki, do hereby certify that a Notice of Sale was mailed and served upon all Lien Holders by Certificate of Mailing, for service in the above-captioned case on April 20, 1999, advising them of the Sheriff's sale of the property at 1515 Slate Hill Rd, Camp Hill, PA 17011, on September 1, 1999. . VI,;rTI.& ASSOCIATES, P. C . / ')A //~. . / ) ~ialki SWORN to and subscribed before me this 3rd day of jUgust, 1.999 # ~~~ {~uVJ Notary Public . ~" '---~_."-"'. -.. AM M_ G~.Jt~~~~;~'.':_.;;~;~~~f".' PUt;jic ! P'Itt::=;'")UQJh, ~,j:F~h:::'~'ry COllflty j My CommIssion ~h~~~:~::~.~~~OOO... ember, Pennsy a 13 Assm;lafll)ll of Nataries ~ 0\/ \ "bollilll;l;',J I~ ..~ -~".~~~~"";." ,~. ~~~,~,"""'= u S POSTAL.:. /leE CERTIFICATE OF MAILING MAY BE US~D f.uk DOMESTIC AND INTERNATIONAL MAIL DOES NOT PROVIDE FOR INSURANCE-POSTMASTER , -4 ffi", fee here in stamps , ~r--me , sta~e and .post mafk/ & il(e of , b ~ II I Postmaster f@( unsnt _ ,fee~, _! -- - , ~~"\I~s,r' .~ ,: ,\ ,'r ---, \ ""'M..' ~Q:- : ,\~,J;> ,_ H '-. .,~{ :::, f'~ f'~' :.~,~~ f rZ u.. c>-,. - "S - 'I.,. t-... /-"-- ,,,. .> .~ i"',\l .I. ., .&.. '- -::- r.r.' ~ l O. , .... - q~. ,rJ1\ , ns piece of ordinary mail addressed to: ;'-____ _ , P"..t'ol.v'1,il:\ ~ X ~ Uec/-r;(" 6f Lowe;/ Alle~~!1.~~( ~,. !if~ utA IL. I A h cr' .j" / I'(}, .htJl'tIlY!e I1V-€. !2! 0 till CtlMlf l1jJ1 ;'ff )70// I'.' J~.tlllii ,m'n"". J/-- Received Ft9rn; _, j ,L.Hnt; P lip"") D Vf. ';'. r \ ~~ 'ir;,'." ','!., 1;:'; :-- i ;~ ~. ;. ~ " Dr:~:, \' PS Form 3817, Mar. 198$1 . Affix fee here in stamps or meter postage and post.__ma~nqUir~ of ,:pstmasfer fOr.. 'tf "rot fee. "" .-> " (;: ~ .~~. (Ii ____ \, ,,'t.:..\ , 'k_\\ R T f.I .,,";>-,. .~i,~';.~~~~ " . 0: --~~, ~~, J\'_,\\~; t r{J Q" .11" '.,.. 1, - ,," -' " ~.J /'_ , .:. I' :',~ 1""" "j One piece of ordinary mail addressed to: ,~( ("'\'\..^ 0.":> 7 ,,""?"~ ,.Jh~ I. 6\)((7 ~ or C)~, Pllu~'f'.i;T-'~~.~~41'1'IJ~ ~ CJ$o c-if.. (1/ , '. hi ,'"' I iWi ~.(r1'} bure)) PA )jlD f !i!l{)j~l~ltJ , J [;./VI ' ; u.s. POSTAL SERVIcE CERTI"ICATE OF MAILING MAY BE USEQ,FOR DOMESTIC AND INTERNATIONAL MAll, DOES NOT PROVIDE FOR INSURA:NCE POSTMASTER Received FroT"?:'-~ ; ! ~ ::- ',.,;1),-.) p, 1.n:';,~ 0~ /: Cil E :::i Of', ;:.\'l,.. PIT1SL,jR~,H Pi (412) 28111, PS Form 3817, Mar. 1989 Received From: Affix fee here in stamps or meter postage and p~,st~~. 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" ~~ ~ "" 0 _"L" ""1Si!IIIBi":'lk,.. 1'7-n,?-. c t-::r QUIT-CLAIM DEED PoO;::E;;T :, ZIr.:nU,fl RECOi";[o;::o: ;J;:- eEEDS "11l"'''''I' ".J C"J'/-v \I.,.1IJt:I\_'~'1~ ,L;'ol II-P.\ '00 JUN 1 OflllO 36 This Indenture, made the.2D-I1..- day off~, 2000, Between JAN A. OSTERLUND (hereinafter called the Grantor), of the one part. and GREENPOINT MORTGAGE CORP. (hereinafter called the Grantees), of the "ther part, Witnesseth, that the said Grailtor for and in consideration "f the sum of ONE DOLLAR and 00/100 ($1.00) lawful money of the United States of America, unto her well and truly paid hy the said Grantees, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, has granted, bargai"ed and sold, reh~ased and confirmed, and by these presents-does grant, bargain and -sell. release and confirm and Quit Claim unto the said Grantees, as Tenants by the Entirety, their assigns, the survivor of them and the survivor's personal representatives and assigns, ALL THAT CERTAIN tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania, known as Lot. No, lion ihe Preliminary/ Final Subdivision Plan of Jan A. Osterlund, prepared by C. W. Junkins Associates. Inc. dated November 22, 1994 revised December 30, 1994, and recorded in the Cumberland County Recorder's Office in Plan Book ~9, page 60, more particularly bounded and described as fnllnws,towit:A.150 s~~ Plan Ke.c.o"-J.J./.., o'>1""6Q,1:71 1'...,.. 1'01'.3 BEGINNING at a point at or near the center line of Slate Hill Road at the dividing line of the within described Lot and Lot Nn. 12 on the afnrementioned subdivision plan; THENCE along said dividing line the following two courses and distances; (I) North 11 degrees 35 minute, 00 seconds East, a distance of 276,67 feet to a point thence (2) North 40 degrees 58 minutes 30 seconds Ea,t, a distance of 1038.76 feet to a point at lands Christian Life Assembly; THENCE along the dividing line of the within described lot and lands of Christian Life Assemhly, South 37 degrees 02 minutes 34 seconds East, a distance of 229.75 feet to a point at lands now or formerly of Wilma J. Osterlund; THENCE along .the dividing line of the within described lot and lands- now or formerly of Wilma J. Osterlund, the following three courses and distances; (I) South 48 degrees 26 minutes IS seconds West, a dislance of 66.07 feet to a point, thence (2) South 36 degrees 10 minutes II seconds East, a distance of 887.92 Feet to a point thence; (3) South 39 degrees 51 minutes 00 seconds West, a distance of 305.04 feet to a point; thence T88240-00184 BOOI: 222 foi&E .)86 EXHIBIT "C. ... -. " ~ .,~ . , 'fl': .," .,.; .' ~_I, .......,"""', ~ '(fl(; (4) South 60 degrees 19 minutes 30 seconds West, a distance of 143.05 feet to a point at or near the center line Slate Hill Road; THENCE in and along the center line of Slate Hill Road the following two courses and distances: (1) North 70 degrees 58 minutes 00 seconds West, a distance of 100 feet to a point, thence (2) North 78 degrees 58 minutes 00 seconds West, a distance of 948.71 feet to a point at the dividing line of the within described Lot and Lot No, 12, and the POINT AND PLACE OF BEGINNING. CONTAINING a gross area of 20,556 acres, a dedicated. right-of-way area of 0.729 acres and a net area of 19.827 acres. Less and Excepting Lot llA sold from Jan A. Osterlund and Lisa M. Osterlund to Wilma J. Osterlund and Eugene B. Scheer, husband and wife recorded April 4, 1996 in deed book 137, nage 158. SUBJECT to a PP&L Company transmission line, a 44-foot flammable structure right-of-way, as well as other conditions and restrictions shown on the PJan to such conditions, reservations, restrictions, easements and rights-of-way a,s may appear in prior instruments of record. HAVING thereon erected a two-stacy dwelling known and numbered as 1515 Slate Hill Road, CamlJ lIill, Pennsylvania. BEING the same premises which Jan A. Osterlund and Lisa M. Fiearri.Osterlund, by deed recorded April 22, 1998, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Book 175, page 965, granted and conveyed unto Jan A, Osterlund. Together with all and singular the buildings and improvements, ways, streets, alleys. driveways, passages, waters, wa(er~courses. rights, liberties, privileges. hereditamentS and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents. issues. and profits thereof; and all the estate, right, title, interest, property. claim and demand whatsoever of her t the said grantor. as well at law as in equity, of. in and to the same. To have and to hold the said lot or piece of ground described above, with the buildings and improvements thereon erected, here<lltaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantees, th~ir heirs and ;olss.igns, t.Q and for the only proper u~c nnd behoof of the said Gramees, their heirs and assigns, forever;. ". i\nd the snid Grantor, for herself and her heirs, executors and administrators, does, by these presents, covenant, grant and agree, to and with the said Grantees" their heirs and assigns, that she, the said Grantor I and her heirs, all and singular the hereditaments and premises herein described and granted, or mentioned alld intended so to be, with the appurtenances, unto the said Grll1ltees, their heits and assigns, against her, the said Grantor, and her heirs, and against all and every oUler petson and persons whosoever lawfully.claimillg or to claim the same or any part thereof, by. from or under him, ber, it, or any of them, shall and will 6QO~ 222 PACE 387 \ TSS240-001 B4 ,__w_, ,~ ~ ~....~" ~ l:......... - ~' ,,~O ~ ~_.~ ,~, ~~~~~' ~. .~,~ .'.~ ~'~~ ~ -~ ][[lLtJiJ, In Witness Whereof, the party of the first part has hereunto set her hand and seal. Dated the day and year fir~1 above wriuen. Sealed and Delivered IN THE PRESENCE OF us: I~A D.Ue/4v JANA. {SEAL} Commonwealth of Pennsylvania County of C,,,-<,,^-Ioe.v\a...A : ss 1M,! ,,"000 On this tlle~y of , , before me, a Notary Public for the Commonwealth of Pennsylvania, residing in the Connty of ~""\IL..4. the undersigned Officer, JAN A. OSTERLUND personally appeared, known to me (or satisfactorily proven) to be the person whose nameis subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. dP~C! 10fiJ My commission expires ill I.\,. 2Q0.;3 The address of the above-named Grantees is: j.l)~ Alrr.'J!1l ~'i:lY ,/Ii.l tll/~l7 ., I -,/ !Jr./". J.il.li- '-f. i ,N.) I tf..7 ...--.... ...... ,-=, ..> On bebalf of the Grantees NOTARil\~SEAL Dawn E. Naca, NolBTY Pubuc Twp. of LclI~r A1IOTl, ClJunly 01 CUmberland My CornrnJsslon E><pl... OClle, 2003 Stato of pennsylVania} File No. County of Cumberland . ,. Record and rerum to: Rocordod in Ih. office for the recording of Deeds .~ Ed d L R dd' Es ' ~ct. i ond f~b'PAlld County,.f'.Jl:I,_ ) war . e mg, qUire Bo _ Vol. _ Paged"\" ~ 548 North New Street ,ilnessmYhlnts1s<r3. 10foffllf.~ln' <2> 1 Bethlehem, PA 18018 Carlisle, PA this de~ of~'.- ~~ ,~"'l~ ji!..~. ....,.,~.J,-:'I.i~'i;;'lJ~..'~\...Ui.~.li!lii. 'I. iil'" ....... ~ , , '...,. .,.-,.-.......,.j , I ~.d.. . 0-~,. -. \,' .:A"~ ,0. . ~\,"<:J;~. , . " .!AA.1i~M~ ~i.,I,:4#,.~ rf}~ ........lo.... ,:Mi1;P;.,. '"~l; ~. . ~\"",;~,,'~'r.. ',J 'a.~"" .'. .' 1\ t:!. ~ foB ""II'''''' ~ .,' ...... .... . tl)~", ~'lt., :mJ...::... ,,!. ....:::..._.:.._.::." ,~. ,f ," . tH:~G'W~~u..;\k:''''j!!\il~'.'"' .,I....~ ..:..~,. ....or;--...~.iilY~~: 1:..1t"'~_!1i 1'1"-;..'-";'" L\...~~... ,...~....... .'rr.""'~IIto:. c>.."--~.~~:r,lI.l-.:'.o .. '" "" - G{,~z:.:~~~~~,~~p ',.~~;.t~:."""'I~~~~.: (")"".~ f.:f~' 'Cl.m-~'r."lh<\' !J)1 :~N~''''II.:...: BOOK 222 f',m 3aS TSS240-Q01134 UV..83~Xll1.<;I11 '* RECORDER'S USE ONLY S'Or.10ll 01 REALTY TRANSFERJAX STATEMENT OF VALUE ,~ um et '9' u",er' r$hl ? O~I. of ACl;ltpIQn(.. CI . . I. ACluol Cash Co!\lidaraficln :JI/.OO . . 3. TofO'I COl1ddoraliQn = .!4 ..CO 6. ft>JrMo~kotVoJ\I. 4q'q. \~5 = . . Id. AmatffTr of Exompl1on C101m.d lh. PorconfaSo of 111/ll'f"lIl' COllv/lyod 100 '7. 2. Check Appropriate Box a.l"w for El!ollmptioh Claimed o o o o o Will or intoslole lu<;ceuion (Nemo,,! DecedoArl {Ellalo fffo NUfllb..! Tn:ms!"f to Industrio! DovelopmMt Agen~y. Trondef 10 Q trusl. (Attach complete copy of trtlst agreemanl idenliFying all banafkiaries.) Tronsfer belween principal and ogenl. (Alfoeh complele copy Qf ogeney{strQw parly agreemenf.l Transfers 10 the Commonwealth. the Uniled Stoles and Inslruml3ntolitles by gift, cledkalion, condemnolion or [n liou 'of ,.;lftdemnatian. {If condemnation or in lieu of condemnation. attach copy of rusoJution.J o Ttonsfer from mortgagor to 0 holdor of a rnor'90ge In dofourt. Mortgoglt Book Number , Page NUl1lbor o Corrective or cOf'lfirmolory deed. {Alloen completo copy of lno prior cloed bolng correj:;lad <::Ir coflfkmed.l o U.ndor panaltlos of low, I d.clar. ~hat I hay. examined thIs State-mert. including 0 (md 6.lIof, It is tru., CQrr.c:t qnd camplet.. r Slqnotl.lf. Ot7~,?,PQnd~n' or Ruponllbht Party (:::.:....- (~.-~ FA(LURE TO COMPLETE THIS FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESUt:r IN iHE RECORDER'S REI=USAL TO RECORD tHE DEED. BOOK 222 PAGE " - ~~""~-""' -0"-, _'_"_"'-- ,,~",./,,)i~"lc..~. '~,' ,,,,<-,.,,,--"",~,,', -, '- e'._', - i--W"~"_ ~ --,- iitM'-,i;'; 012234-00001/9.11.00/RWS/DCP/138228.1 CERTIFICATE OF SERVICE I, Richard W. Stewart, of the law firm of Johnson, Duffie, Stewart & Weidner, attorneys for Greenpoint Mortgage Corporation and Greenpoint Mortgage Funding, Ine., do hereby certify that I served a true and correct copy of the attached Answer with New Matter and Counterclaim by United States Mail, first class, postage prepaid, upon the Counsel listed below: Philip H. Spare, Esquire Snelbaker, Brenneman & Spare, P.c. 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055 Date: September 11-, 2000 ~J&~ Richard W. Stewart LAW OFFICES SNELBAKER. BRENNEMAN & SPARE -,: - , :,----:,-,"" .-' ,^-,-;--,-~_,_~-:"---,-/~,,-,, :~"~;i'..:""j::L- ,,:,--- - ---,-,,' SANDRA H. OSTERLUND , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : NO: 2000c4847 EQUITY TERM JAN A. OSTERLUND, GREENPOINT CIVIL ACTION - EQUITY MORTGAGE CORPORATION and GREENPOINT MORTGAGE FUNDING, INe., Defendants PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER AND COUNTERCLAIM AND NOW, comes the Plaintiff, SANDRA H. OSTERLUND, by her attorneys, SNELBAKER, BRENNEMAN & SPARE, P.C., and replies to Defendants' Greenpoint Mortgage Corporation and Greenpoint Mortgage Funding, Inc., New Matter and Counterclaim as follows: 17. Admitted. 18. Admitted. 19. Admitted in part and denied in part. It is admitted that on or about April 22, 1997, Jan A. Osterlund and Lisa M. Ficarri-Osterlund executed a deed and that the deed is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 158, Page 423. The averments that the April 22, 1997 deed conveyed the same premises described in Deed Book 118, Page 115 and that the legal description contained in the deed was incorrect are legal conclusions which require no response. By way of further reply, it is averred that the deed is a writing that speaks for itself. , i II I I I ~l-__',,_',,' ,,',O.,_-,,'J ".'>-,-, ~~ II , !I , ~,l " I] ~:1 20. Admitted in part and denied in part. It is admitted that on or about April 22, 1997, J an A. Osterlund executed and delivered a Mortgage on a property which has the address of 1515 Slate Hill Road, Camp Hill, Pennsylvania and that said Mortgage is recorded in Cumberland County in Mortgage Book 1384, Page 421. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments regarding the loan of$375,000 or the existence ofa Note; therefore, same are deemed to be denied and strict proof thereof is demanded at trial. It is admitted that the Mortgage contained the same legal description as the deed set forth in paragraph 19 above. The averment as to said legal description being incorrect is a conclusion oflaw which requires no response. By way of further reply, it is averred that the Mortgage is a writing which speaks for itself. 21. Admitted in part and denied in part. It is admitted that on March 9, 1998 the Defendant Jan A. Osterlund and Lisa M. Ficarri-Osterlund executed a deed containing the same legal description that was contained in Deed Book 118, Page 115 and that the deed dated March 9,1998 is recorded in the Office ofthe Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book, 175, Page 965. The averments that the deed conveyed 1515 Slate Hill Road, Lower Allen Township, Camp Hill, Cumberland County, Pennsylvania and that the deed contained the correct legal description are conclusions oflaw which require no response. By way offurther reply, it is averred that the deed is a writing which speaks for itself. 22. Admitted in part and denied in part. It is admitted that on or about June I, 1999 a default judgment was entered against Defendant Jan A. Osterlund in the amount of $447,841.52 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE in the mortgage foreclosure action docketed to No. 98-7185 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania. It is denied that Defendant Greenpoint Mortgage Corporation entered the judgment. On the contrary, it is averred that Greenpoint Mortgage 2 'c"'-~"' '-">,-"-,-- ''''~'' '!i '...1 ,I j i!1 ii' il ill "i Ii! ji iil 1., " ~ ,I !I II I' i Ii I j Corporation filed a Praecipe for Default Judgment And Assessment of Damages with the Prothonotary on or about June I, 1999 and that the Prothonotary entered default judgment. It is denied that the judgment set forth that "(sic) the real estate which is the subject matter of the complaint was situate in the Township of Lower Allen was known as 1515 Slate Hill Road and was identified as Tax Parcel No. 13-10-0258-018. 23. Admitted in part and denied in part. It is admitted that on or about August 3, 1999, a Notice of Sheriff's Sale of Real Estate Pursuant to Pennsylvania Rule of Civil Procedure 3129.1 was mailed to Plaintiff's attorneys, Snelbaker, Brenneman & Spare, P.C., 44 West Main Street, Mechanicsburg, P A 17055. It is denied that said Notice indicated that the real estate of Defendant Jan A Osterlund was to be sold at a Sheriff's Sale on October 5, 1999 at 10:00 AM. On the contrary, it is averred that said Notice indicated that". . .there will be exposed to Public Sale in Cumberland County Courthouse on September 1,1999 at 10:00 AM. . .." A copy of said notice received by Snelbaker, Brenneman & Spare is attached hereto as Exhibit 1 and incorporated herein by reference. By way offurther reply, it is averred that said Notice is a writing that speaks for itsdf. It is denied that a true and correct copy ofthe Notice is attached to Greenpoint's New Matter and Counterclaim as Exhibit "A". It is denied that a true and correct Affidavit of Service is attached to Greenpoint's New Matter and Counterclaim as Exhibit "B". On the contrary, the Affidavit of Service attached to Greenpoint's New Matter and Connterclaim as Exhibit "B" indicates mailing on April 20, 1999 for a September I, 1999 Sheriff's Sale and was purportedly LAW OFFICES SNELBAKER. BRENNEMAN & SPARE mailed to "Sandra H. Osterlund c/o Philip Spare, 414 W. Main St., Mechanicsburg, PA 17055." 24. Admitted in part and denied in part. It is admitted that on October 6, 1999 the Sheriff sold a property identified as Parcel No. 13-10-0258-018 to Greenpoint Mortgage 3 "'-"',-";--/" ". "~,c ,,;"',,_, Corporation for the sum of $1.00. It is denied that the property known as 1515 Slate Hill Road was sold. On the contrary, it is averred that the tract ofland described in the Sheriffs Deed dated October 18, 1999 and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania in Deed Book 209, Page 1046 was conveyed to Greenpoint Mortgage Company. 25. Admitted. 26. Admitted. 27. Admitted in part and denied in part. It is admitted that on October 18, 1999 the Sheriff of Cumberland County executed a deed to Greenpoint Mortgage Corporation and that said deed was recorded in the Office of the Recorder of Deeds of Cumberland County, Permsy1vania in Deed Book 209, 1046. It is admitted that said deed contains a reference to "Parcel 13-10-0258-18." It is denied that said deed indicates that the property is known as 1515 Slate Hill Road. By way of further reply, it is averred that said deed is a writing which speaks for itself. Plaintiff is without knowledge or information sufficient to form a belief as to whether said deed was delivered to Greenpoint Mortgage Corporation on October 18, 1999; therefore, sarae is deemed to be denied and strict proof thereof is demanded. 28. Denied. Paragraph 28 contains a series of legal conclusions which require no response regarding Defendant Greenpoint's position as to a "correct" tax parcel number, a deed that contained a recital referring to a "correct" metes and bounds description and a reference to an "erroneous" metes and bounds description. By way of further reply, it is averred that the LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Sheriffs Deed is a writing which speaks for itself. 29. Admitted in part and denied in part. It is admitted that on May 4,2000, the Defendant Jan A. Osterlund executed a document entitled "Quit-Claim Deed" which was 4 :1 II LAW OFFICES SNELBAKER. BRENNEMAN & SPARE o '- - > >t_, ' ",',; ,<_> _~. "," -' l recorded in Deed Book 220, Page 1100. It is denied that Defendant Jan A. Osterlund granted and conveyed a Quit-Claim Deed to Greenpoint Mortgage Corporation. It is denied that said deed was to correct the allegedly erroneous legal description contained in the aforesaid Sheriff s Deed. By way offurther reply, Paragraph 12 of Plaintiffs Complaint is incorporated herein by refhence. 30. Admitted in part and denied in part. It is admitted that a deed is recorded in Cumberland County Deed Book 222, Page 386 and that a true and correct copy is attached to Greenpoint's New Matter and Counterclaim as Exhibit "C". It is denied that said deed is a Corrective Deed. It is denied that said deed was to correct allegedly erroneous legal description in previous deeds. By way of further reply, Paragraph 13 of Plaintiffs Complaint is incorporated herein by reference. WHEREFORE, Plaintiff Sandra H. Osterlund respectfully requests your Honorable Court to deny the relief prayed for by Defendant Greenpoint Mortgage Corporation. Sne1baker, Brenneman & Spare, P.C. By: 7}f:fil~uire 44 West Main Street P.O. Box 318 Mechanicsburg,PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff, Sandra H. Osterlund 5 ~ ~ ->=-- . ~ > ~^ ,"" ~ ~ d -~~ '~~~ik-' /. NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO RULE OF CIVIL PROCEDURE 3129.1 TO: J.an A. Osterlund 1.515 Slate Hill Road Camp Hill, PA 17011 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on September 1,1999 at 10:00 A.M. the following described real estate, of which defendant (s), Jan A. Osterlund is/are owners or reputed owners: Twp. of Lower Allen, Cty. of Cumberland, State of PA, being Lot No. 7. HET a dwg k/a 1515 Slate Hill Rd., Camp, Hill, PA 17011. Being Parcel #13-10-0258-018. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Greenpoint Mortgage Corp. vs. Jan A. Osterlund and The United States of America at No. 98-7185 in the amount of $447,841.52. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. EXHIBIT 1 (Page 1 of 3) -~~-'~ I I,..... ~~ " '"-; ~:ili:"': Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU Dp NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT wHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. EXHIBIT 1 (Page 2 of 3) .......... . .~o=~~ - ~~ ~", , J ~ ^'~" You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriff's Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriff's Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. /....---., //--"0;(;;" / I .' / /I,,'! --: '~'j, L~j.sP. . Vrtt:t:~i; Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** EXHIBIT 1 (Page 3 of 3) LAW OFFICES SNELBAKER. BRENNEMAN Be SPARE "'~:::'-I _"' >-",~_"" ""'-' -:c.""'" ---"",.'___'>.l:_'"""'" VERIFICATION I verifY that the statements made in the foregoing Plaintiffs Reply to Defendants' New Matter and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904 relating to unsworn falsification to authorities. ~ Slli~# . ... ... W(~. u~i'>/ / . Sandra H. Osterlund Date: September 26, 2000 I II , >c,''';':'';- ~,' .":",'-,,- ,-':; :_,,-,-', -,~-;;,',;- ''- -'''''''i<-- --;,'_. ''''''.,-'' '<"Jo-,', .,,'\::;--;'-'1 ;,;;"-J;,,F ,--.-,,- ,_-"",,c,--, ,\,-, CERTIFICATE OF SERVICE I hereby certify that 1 am this date serving a true and correct copy of the within Plaintiffs Reply to Defendants' New Matter and Counterclaim upon the Attorneys for the Defendants by sending same by first-class mail, postage paid addressed as follows: William C. Kollas, Esquire Kollas and Kennedy 1104 Fernwood Avenue Camp Hill, Pennsylvania 17011 and Richard W. Stewart, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, P A 17043-0109 SNELBAKER, BRENNEMAN & SPARE, P.C. BY~~ Philip . Sp e, EsqUIre 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697 -8528 Attorneys for Plaintiff Dated: October i ' 2000. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE ~ SANDRAH. OSTERLUND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2000-4847 EQUITY TERM IAN A. OSTERLUND, GREENPOINT MORTGAGE CORPORATION and : CIVIL ACTION - EQUITY GREENPOINT MORTGAGE FUNDING, INC., ACCEPTANCE OF SERVICE ~ I: Ii ~ jt " 11 ~ Jf II Defendants I hereby accept service of the Complaint in the above captioned matter on behalf of my client, Ian A. Osterlund, and certify that I have the authority to do so. KOLLAS & KENNEDY \i ~ ~ , ii I' I': I I ;t ~ : ! I: I 1: !: / I' 1 i , , Dl1te: !\ ji ~ J/, "l060 v B .J NVf.A (d. kL. y. ,,4 )...9 Wlfliam C. Kollas, Esquire 1104 Femwood Avenue Camp Hill, P A 17011 (717) 731-1600 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE I il , ., " . '.. ~~ 0. -'~f'''-l: <.:- -~,-;- "-ififI]~"> )'l;,"'-'''~''''''''''"'''_'F'~''''_ _ ~,~ v, ","' ","'_,,"_ _"'_,__ ., ~___,^"Y,v ,)-T,., ~ -,'~ ,'" ~,' _~ " " f," " '".0,,',.- -'",',," ,<'" "'-- ,~ m". __~_c - "_,-_,> '<0 ,_~' ,..., C'. ,.,.. -ofF me" z.,.; t;;~, ::S<c::. 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