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HomeMy WebLinkAbout07-0793PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 148490 NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY FREDRICK, MD 21703 Plaintiff V. JERRY S. HARPER SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 148490 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 (SEE ATTACHED ESPANOL AVISO) File #: 148490 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 148490 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 148490 Plaintiff is NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY FREDRICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: JERRY S. HARPER SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/28/2000 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to ROSLYN NATIONAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1598, Page: 1018. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 148490 6. The following amounts are due on the mortgage: Principal Balance $562,268.03 Interest $17,877.96 09/01/2006 through 02/06/2007 (Per Diem $112.44) Attorney's Fees $1,250.00 Cumulative Late Charges $1,321.69 02/28/2000 to 02/06/2007 Cost of Suit and Title Search 550.00 Subtotal $583,267.68 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $583,267.68 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personal judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 148490 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $583,267.68, together with interest from 02/06/2007 at the rate of $112.44 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP -?ocw , By: /s/F ancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 148490 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern legal right-of-way line of Sample Bridge Road at the corner of Residual Lot No. 2-A (erroneously described as Lot No. 1 on prior deed) on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363.26 feet to a point at the southern line of Residual Lot No. 2-A on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Residual Lot No. 2-A North 67 degrees 04 minutes 30 seconds East a distance of 185.00 feet to a point on the western line of land now or formerly of Joey V. Sullenberger and Denise C. Sullenberger; THENCE along said Sullenberger land, South 04 degrees 00 minutes 00 seconds East a distance of 385.00 feet to a point on the northern legal right of way line of Sample Bridge Road; THENCE along the northern legal right-of-way line of Sample Bridge Road South 73 degrees40 minutes 00 seconds West a distance of 179.13 feet to a point at the corner of Residual Lot No. 2-A, the point and Place of BEGINNING. BEING comprised of Lot No. 3 as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 21, 1998, last revised January 11, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 78, Page 39 and Residual Lot No. 2-B as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 20, 1999, last revised November 18, 1999, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 80, Page 81. File #: 148490 BEING THE SAME PREMISES which Larry M. Nelson and Joan Nelson, husband and wife, by their deed dated March 1, 1999 recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 195, Page 490, and their deed dated February 15, 2000, intended to be recorded immediately prior to this deed, granted and conveyed unto Jerry S. Harper and Sally J. Harper, Grantors herein. PROPERTY BEING: 480 SAMPLE BRIDGE ROAD File #: 148490 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: , -sop UI r W ?V r-? T; r w r Cl r7? ``? r r CE-3 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Attorney for Plaintiff New York Community Bank Court of Common Pleas Civil Division vs. Cumberland County Jerry S. Harper No. 07-793-Civil Term Sally J. Harper MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Jerry S. Harper, by first class mail and certified mail to the Defendant's last known addresses, 426 South 23rd Street, Apt. 202, Lemoyne, PA 17043 and 3617 N. Pine Grove Avenue, Apt. 2 E-N, Chicago, IL 60613 and mortgaged premises, 480 Sample Bridge Road, Enola, PA 17025 posting of the mortgaged premises, 480 Sample Bridge Road, Enola, PA 17025 and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Jerry S. Harper, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 480 Sample Bridge Road, Enola, PA 17025 and 426 South 23`d Street, Apt. 202, Lemoyne, PA 17043. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the Defendant moved to Chicago. 2. Plaintiff, by way of Private proves Server, attempted to serve the Defendant at 3617 North Pine Grove Avenue, Apt. 2 E-N, Chicago, IL 60613. As indicated by the Affidavit of Service attached hereto as Exhibit "B", there was no answer after multiple attempts. 3. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "C". 4. Plaintiff contacted the Prothontary's Office and as of May 21, 2007, there has been no other ruling on this case. 5. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on May 11, 2007 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiff s May 11, 2007 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "D". 6. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of May 21, 2007 to bring loan current. 5 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, Jerry S. Harper, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, ?EhanH -gel??ieg,,LLP ame chmieg, Esquire May 21, 2007 Attorneys for Plaintiff 6 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Attorney for Plaintiff New York Community Bank VS. Jerry S. Harper Sally J. Harper Court of Common Pleas Civil Division Cumberland County No. 07-793-Civil Term MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. 7 (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibit "A" and Plaintiff s Process Server's Affidavit of Service attached hereto as Exhibit "B", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "C". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, ZDammue Schmieg, LLP Zcieg, Esquire Attorney for Plaintiff Date: May 21, 2007 8 E xk,4 i-? A SHERIFF'S RETURN - NOT FOUND YtASE NO: 2007-00793 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NEW YORK COMMUNITY BANK VS HARPER JERRY S ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HARPER JERRY S but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND as to the within named DEFENDANT HARPER JERRY S 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 DEFENDANT LIVES IN CHICAGO. Sheriff's Costs: So answers: - - Docketing 18.00 Service 14.40 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County - .00 - 47.40 PHELAN HALLINAN SCHMIEG 03/13/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00793 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NEW YORK COMMUNITY BANK VS HARPER JERRY S ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HARPER JERRY S but was unable to locate Him in his bailiwick. He therefore returns the -9"T T TTTT Afinnln vf1n NOT FOUND , as to the within named DEFENDANT 426 SOUTH 23RD STREET APT 202 HARPER JERRY S LEMOYNE. PA 17043 DEFENDANT LIVES IN CHICAGO. Sheriff's Costs: Docketing Service Not Found Surcharge So answ 6.00 13 .4 4 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 34.44 PHELAN HALLINAN SCHMIEG 03/13/2007 Sworn and Subscribed to before me this day of A.D. E, k, bi + B AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY(MR) NEW YORK COMMUNITY BANK Plaintiff TYPE OF ACTION Vs. XX Mortgage Foreclosure JERRY S. HARPER SALLY J. HARPER XX Civil Action Defendants NO. 07-793-CIVIL TERM File Number148490 SERVE AT: 3617 N. PINE GROVE AVENUE, APT. 2E-N CHICAGO, IL 60613 SERVED Served and made known to JERRY S. HARPER Defendant on the day of , 20,, at o'clock, . M., at City in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: _ I, , A Private Process Server and competent adult, being duly sworn according to law, depose and state that I personally handed to a true and correct copy of the issued in the captioned case on the date and at the address indicated above. Description: Age Height Weight Race Sex Other Sworn to and subscribed Before me this day Served By: Of , 20,. Notary: l NOT SERVED n the day of 2007, 9-',00 o'clock ?.M., Defendant NOT FOUND because: at ? ? Moved ,?-?Unknown ?V NoAnswer?-Vacan Other: /'[?. Mgak /Y-?hf'ein?.s VA I' -'r, /,P_ Y/? "44 ue„e "it-cz GdJ 41 Sworn to and subscribed Before a th Not Served By: S "o,-- Of a Notary: Fy ,'.,> Phelan Hallinan & Schmieg, LLP Attorneys For Plaintiff t6? i'(1?/?C)/g Francis S. Hallinan, Esquire - I.D.#62695 2Q? Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, PA 191034799 (215)563-7000 "?"?"} G FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 148490 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Jerry Harper & Sally Harper Property Address: 480 Sample Bridge Road, Mechanicsburg, PA 17055 Possible Mailing Address: /I - I - qtr, . ?4 17943 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Jerry Harper - xxx-xx-5449 Sally Harper - xxx-xx-5572 B. EMPLOYMENT SEARCH Jerry Harper & Sally Harper - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Jerry Harper & Sally Harper reside(s) at: 480 Sample Bridge Road, Enola, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Jerry Harper & Sally Harper. B. On 01-29-07 our office made several telephone calls to the phone number (717) 791-2791 and received the following information: answering machine. On 01-29-07 our office made several telephone calls to the phone number (717) 737-1219 and received the following information: no answer. On 01-29-07 our office made a telephone call to the phone number (717) 730-6716 and received the following information: wrong number. III. INQUIRY OF NEIGHBORS On 01-29-07 our office made a phone call in an attempt to contact Dennis P. Hrzic (717) 697-2566, 322 Sample Bridge Road, Mechanicsburg, PA 17055: wrong number. On 01-29-07 our office made a phone call in an attempt to contact Craig A. Sample (717) 697-4333, 332 Sample Bridge Road, Mechanicsburg, PA 17055: wrong number. On 01-29-07 our office made a phone call in an attempt to contact Kimberly Law (717) 691-8405, 383 Sample Bridge Road, Mechanicsburg, PA 17055: wrong number. On 01-29-07 our office made a phone call in an attempt to contact Electronic Systems Integration (717) 770-0808,426 South 3rd Street, Lemoyne, PA 17043: wrong number. On 01-29-07 our office made a phone call in an attempt to contact Oravecz Kirt Architect (717) 920- 2282, 426 South 3rd Street, Lemoyne, PA 17043: spoke with an unidentified female who could not confirm that the subjects reside(s) at 426 South 3rd Street, Apartment 202, Lemoyne, PA 17043. On 01-29-07 our office made several phone calls in an attempt to contact Premium Card Solutions (717) 920-0417,426 South 3rd Street, Lemoyne, PA 17043: no answer. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 01-29-07 we reviewed the National Address database and found the following information: Jerry Harper - 426 South 3rd Street, Apartment 202, Lemoyne, PA 17043 & Sally Harper - 480 Sample Bridge Road, Enola, PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: (Jerry Harper) 426 South 3rd Street, Apartment 202, Lemoyne, PA 17043. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Jerry Harper & Sally Harper. VI. OTHER INQUIRIES A. DEATH RECORDS As of 01-29-07 Vital Records and all public databases have no death record on file for Jerry Harper & Sally Harper. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Jerry Harper & Sally Harper residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Jerry Harper -10-16-1966 Sally Harper -12-08-1966 B. A.K.A. Jerry S. Harper Sally J. Harper * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. ':OMA+tQRI\AREa.LTrad;iv t'6a?ib???,,aearr+a+. NOTARIAL SEAL NORA M. FERRE:R, *tffy,.K1 Uy of PN:-s P N3' Phoa. Cmmty I AFFIANT - Brendan Booth Gr a= Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 291h day of January, 2007. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND E,)( ti, 4/-? D PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.ricco@fedphe.com Jason Ricco, 1482 Service Department Representing Lenders in Pennsylvania and New Jersey May 11, 2007 Jerry S. Harper 480 Sample Bridge Road Enola, PA 17025 RE: New York Community Bank vs. Jerry S. Harper and Sally J. Harper Premises Address: 480 Sample Bridge Road, Enola Cumberland County, No. 07-793-Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by May 18, 2007. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, aa_'3.S_ Jason Ricco For Daniel G. Schmieg, Esquire 12 PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.ricco@fedphe.com Jason Ricco, 1482 Service Department Representing Lenders in Pennsylvania and New Jersey May 11, 2007 Jerry S. Harper 426 South 23rd Street, Apt. 202 Lemoyne, PA 17043 RE: New York Community Bank vs. Jerry S. Harper and Sally J. Harper Premises Address: 480 Sample Bridge Road, Enola Cumberland County, No. 07-793-Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by May 18, 2007. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Ricco ' For Daniel G. Schmieg, Esquire 12 PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.ricco@fedphe.com Jason Ricco, 1482 Service Department Representing Lenders in Pennsylvania and New Jersey May 11, 2007 Jerry S. Harper 3617 N. Pine Grove Avenue, Apt. 2 E-N Chicago, IL 60613 RE: New York Community Bank vs. Jerry S. Harper and Sally J. Harper Premises Address: 480 Sample Bridge Road, Enola Cumberland County, No. 07-793-Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by May 18, 2007. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Ricco For Daniel G. Schmieg, Esquire 12 b y i zi ?a W 6 c°o ? o a m 10 d C 7 b? M .q? , b y W ? A ? < b UO M n A O ..7 O ? ? O y N Q. a "' 3 o cao ?' ? O O N (nD ? O M ' " O , p Q v' W Vr7i °• C Fi+ A Q1 , ?"h y • ?9?r1.c c R, C O 5 ? A K 0 ? N tD cc co O y w a° 9 ti o _ O y R ` o. _d N y' O W fAw Q? . N O p= E .R o Oro'Q r ,gam c a Eli ;a '01 -1 -I -I -I A w O) O b 0 O 7 b N m z s 0 r a rn W ? A N O\ C C N w cn N N 0 b a w N I ... ? A C N G7 5 0 a v N N ti 9?P, pos)t Q F ty q O 9 PITNEY/60WF5 02 IM $ 00.95° 000421 801 0 MAY 11 2007 MAILED FROM ZIP CODE 19 103 R a a A y Z? C Sa?Ob m ? b d ym??a Qam?? asp, a o? b O -• o n o VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan& Schmieg, LLP ?Ba?iel--f7: ; Attorney for Plaintiff May 21, 2007 9 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Attorney for Plaintiff New York Community Bank Court of Common Pleas Civil Division VS. Cumberland County No. 07-793-Civil Term Jerry S. Harper Sally J. Harper CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Jerry S. Harper 480 Sample Bridge Road Enola, PA 17025 Jerry S. Harper 426 South 23rd Street, Apt. 202 Lemoyne, PA 17043 Jerry S. Harper 3617 N. Pine Grove Avenue, Apt. 2 E-N Chicago, IL 60613 10 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, -&-S.chmieg, LLP Daniel G. Schmieg, Esquire Date: May 21, 2007 Attorney for Plaintiff 11 771 fv PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 NEW YORK COMMUNITY BANK Plaintiff VS. JERRY S. HARPER SALLY J. HARPER Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 07-793 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: May 21, 2007 P LAN HALLINAN & CHMIEG, LLP By: _ F NCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff ljmr, Svc Dept. File# 148490 "` "'_ ? O ? t? ? ? `=n . y 3S•i--' ? ? ? 1 "L,J ? . r? , V? ? ?? ? ` ? ? t _ ? j p., ? ? ?? ? l ; r. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA New York Community Bank VS. Jerry S. Harper Sally J. Harper AND NOW, this MAY sz2omO ORDER day of !Ir , 2007, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. Civil Division No. 07-793-Civil Term It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Jerry S. Harper, by: 1. Posting of the premises: 480 Sample Bridge Road, Enola, PA 17025. 2. First class mail to Jerry S. Harper at the last known addresses, 426 South 23rd Street, Apt. 202, Lemoyne, PA 17043 and 3617 N. Pine Grove Avenue, Apt. 2 E-N, Chicago, IL 60613, and the mortgaged premises located at 480 Sample Bridge Road, Enola, PA 17025; and 2 . + 3. Certified mail to Jerry S. Harper and Sally J. Harper at the last known addresses, 426 South 23rd Street, Apt. 202, Lemoyne, PA 17043 and 3617 N. Pine Grove Avenue, Apt. 2 E-N, Chicago, IL 60613 and the mortgaged premises located at 480 Sample Bridge Road, Enola, PA 17025; and 4. Publication in accordance with PA. R.C.P. 430. 4:!i T. J. C ,/Jerry S. Harper 80 Sample Bridge Road Enola, PA 17025 Je S. Harper 26 South 23rd Street, Apt. 202 Lemoyne, PA 17043 /erry S. Harper 3617 N. Pine Grove Avenue, Apt. 2 E-N Chicago, IL 60613 ,he-\w3 )Aj.%,, i Scan i 3 h 0 .$ NV ! £ IN EOOZ MViONOHijdd 3U .40, 30IJ20-03114- PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 NEW YORK COMMUNITY BANK Plaintiff VS. JERRY S. HARPER SALLY J. HARPER Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 07-793 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: June 13, 2007 PHELAN HALLINA S IEG, LLP By: 4FN CI S S. HA AN, ESQUIRE RENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jmr, Svc Dept. File# 148490 G r a.. -r 9A vJ W% - PHELAN HALLINAN & SCHM1EG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 New York Community Bank Plaintiff VS. Jerry S. Harper Sally J. Harper Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : cUMBERLAND COUNTY : NO. 07-793-Civil Term AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to Jerry S. Harper at 480 Sample Bridge Road, Enola, PA 17025, 426 South 23rd Street, Apt. 202, Lemoyne, PA 17043 and 3617 N. Pine Grove Avenue, Apt. 2-E-N, Chicago, IL 60613 on June 13, 2007, in accordance with the Order of Court dated May 30, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: June 13, 2007 S F NCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff 7160 3901 9848 0728 0336 TO: JERRY S. HARPER 426 SOUTH 23RD STREET, APT. 202 LEMOYNE, PA 17043 SENDER: JMR 9 REFERENCE: 148490 7160 3901 9848 872.8 0343 TO: JERRY S. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 SENDER: JMR REFERENCE: 148490 RETURN Postage 41 1 RETURN Postage RECEIPT SERVICE - Certified Fee . 65 ; RECEIPT SERVICE Certified Fee Retum Receipt Fee 2 15 Retum Receipt Fee Restricted Delivery n 1710 Restricted Delivery '0 ^r Total Postage A Fees Total Postage 3 Fees r US Postal Service PO K O US Postal Service P ARK o$- Receipt for Receipt for Certified Mail ? Certified Mail No Insurance Coverage Provided No Insurance Coverage Provided Do Not Use for IMemational Mail Do Not Use for international Mad 7360 3101 9848 ,0726 0324 TO: JERRY S. HARPER 3617 N. PINE GROVE AVENUE, APT. 2 E-N CHICAGO, IL 60613 , SENDER: JMR REFERENCE: 148490 r r. APS Form 300. Januarv 2005 RETURN Postage RECEIPT Certified Fee SERVICE Retum Receipt Fee Restricted Delivery Total Postage & Feas US Postal Service Receipt for Certified Mail No irrsuranos Coverage Provided Do Not Use for IMemational Mail ------------ .4 - ` CO J SHERIFF'S RETURN - REGULAR CASE NO: 2007-00793 P 4 e COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEW YORK COMMUNITY BANK VS HARPER JERRY S ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HARPER SALLY J the DEFENDANT , at 1538:00 HOURS, on the 9th day of March 2007 at 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 SALLY J HARPER by handing to 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 31AG 1 ! (?- ? 16.0 0 Sworn and Subscibed to before me this day of So Answerss: R. Thomas Kline 03/13/2007 PHELAN HALLINAA/'N t1- IEG By : // A12 Deputy Sherif A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00793 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NEW YORK COMMUNITY BANK VS HARPER JERRY S ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HARPER JERRY S but was unable to locate Him in his bailiwick OnMDT_T TTTrr _ "nDT unnu He therefore returns the the within named DEFENDANT , HARPER JERRY S 480 SAMPLE BRIDGE ROAD NOT FOUND , as to ENOLA, PA 17025 DEFENDANT LIVES IN CHICAGO. Sheriff's Costs: So answers: -- Docketing 18.00 Service 14.40 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 3f6? L?,r 47. 4-0 PHELAN HALLINAN SCHMIEG 03/13/2007 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00793 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NEW YORK COMMUNITY BANK VS HARPER JERRY S ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HARPER JERRY S but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , , NOT FOUND , as to the within named DEFENDANT , HARPER JERRY S 426 SOUTH 23RD STREET APT 202 LEMOYNE, PA 17043 DEFENDANT LIVES IN CHICAGO. Sheriff's Costs: Docketing 6.00 Service 13.44 Not Found 5.00 Surcharge 10.00 .00 3ia?lu? ? 34.44 So answ ?' - R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 03/13/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00793 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEW YORK COMMUNITY BANK VS HARPER JERRY S ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE HARPER JERRY S was served upon DEFENDANT the , at 2109:00 HOURS, on the 18th day of June , 2007 at 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 by handing to POSTED PROPERTY AT 480 SAMPLE BRIDGE ROAD ENOLA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.56 Posting 6.00 Surcharge 10.00 L/2;,107 .00 44.56 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 06/20/2007 PHELAN HALLINAN SCHMIEG By: eputy (Shem-f ff of A. D. Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 215 563-7000 New York Community Bank : Court Of Common Pleas vs. : Civil Division Jerry S. Harper Cumberland County Sally J. Harper : No. 07-793-Civil Term AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated May 30, 2007 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Sentinel on June 18, 2007 and the Cumberland Law Journal on June 22, 2007. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. /^- S. //. - ? , Francis S. Hallinan, Esquire Date: July 24, 2007 Jason Ricco 148490/Service Dept. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager , of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) Tune 18, 2007 COPY OF NOTICE OF PUBLICATION OF ACTIM04I1IORTGAM FORECLOSURE Me COURT an ttCUM ER+?LAI*A CIM ACTWN - LAW New York Community Bank 'COURT OF COMMON PLEAS Va. r CIVIL DIVISION Y S. Harper Sad L. Harper CUMBERLAND COUNTY NO.07-793-GIwI Term NOTICE toJerw?B; Iawd Ny L. Hater :. ;.. YtfdRo'?ki14m-:;...X?..tm1a "'_c °' Is n,(,:r t' 1 n,+, on dobKeled to No'. 07-7911-Cif Tom. Wl PNirttllf aaeft b ftkiose an the M15 secured on your property l6calsd at 480 Sample SrkJW PAW, Enow PW your property would be sold by the SheM of Cumberland county. You are hereby nrytlprd to pfaad to the above awpya pi Campialnt on or before 20 daytfrom 9* dagl of this publication or i1Judg mpffl wdllbe'entered against you. Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. NOTICE Ifyou to ; you mw enteravrtitten pare ro„7 bY+l eY and flIe N you taH b do . of objections In wdWq with the courL You era warned that tm case may proceed wW ut o W a entered age w y u m you wtwutttl rr rtott e, A* *$ pal9f npue?e? ? . You may lose ey or property or other rWft Important to you. YOV SHOULD T E THtS NOT" TO YOUR LAWYER AT O"OF; IF YOU DO NOT HAVE A ` WVER, 8010(* TEt? THE OfW"' SET FORTH BELOW. THIS FFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LJ1lAI'YER. IF YOU CANNOT AFFORD TO HIRE A LA YER, Tltl'S OFFICE MAYBE ABLE TO PROVIDE F6U VM INFORM0 ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERKS AT'A'REDUCED FEE OR NO FEE. CUM0rrA AhD'ODUNt'Y LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 82 SOUTH SEMORdSTREET ' CARLISLE, PA 17013 (800) 99(1.9108 Sworn to and subscribed before me this 30th, day of Tune, 2007. C4j, ? ?-, Notary Pub46 My commission expires: q I tl oe COMMONWEALTH OF PENNSYLVANIA Notarial Seel Chnstkla L. Wd(e, Notary Public Carlisle BM, Ctanbeft d 0=* My CAmmissiat EVIres Sept 1.2008 Member, Pennsyfvanfa Assocletton Of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, 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 June 22, 2007 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. Coyne, Editor SWORN TO AND SUBSCRIBED before me this 22 day of June, 2007 Notary C -<'? NOWK SEAL OEBORM A COUIN8 Notary PuW CARLMLE SORO, CUMURLANO COUNTY My COfM1 UM E**W Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 07-793 Civil Term New York Community Bank VS. Jerry S. Harper Sally L. Harper NOTICE To Jerry S. Harper and Sally L. Harper: You are hereby notified that on February 9, 2007, Plaintiff, New York Community Bank, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumber- land County, Pennsylvania, docketed to No. 07-793-Civil Term. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 480 Sample Bridge Road, Enola, PA 17025 whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 June 22 t_-? ?"'? r? ? -- 1?? ?: '? C„!'? q." '+. ?? ^'' _ ,.,i - i C7 .. - _,y -l - SHERIFF'S RETURN - REGULAR CASE NO: 2007-00793 P Amended COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEW YORK COMMUNITY BANK VS HARPER JERRY S ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HARPER JERRY S DEFENDANT the , at 1926:00 HOURS, on the 2nd day of July , 2007 at 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 by handing to POSTED PROPERTY AT 480 SAMPLE BRIDGE ROAD ENOLA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Amended Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 V-1 31o -7 .00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 07/03/2007 PHELAN HALLIN SCHMIEG By. eputy Sheriff of _ A. D. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY FREDRICK, MD 21703 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. JERRY S. HARPER 3617 N. PINE GROVE AVENUE, APT. 2 E-N CHICAGO, IL 60613 SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 CIVIL DIVISION NO. 07-793 CIVIL TERM Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JERRY S. HARPER and SALLY J. HARPER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 02/07/07 to 08/21/07 TOTAL $583,267.68 $22,038.24 $605,305.92 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with RA237.1, copy attached. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE:I -$C,CIttki p PROTHY DM 148490 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 NEW YORK COMMUNITY BANK Plaintiff Vs. JERRY S. HARPER SALLY J. HARPER Defendants TO: JERRY S. HARPER 3617 N. PINE GROVE AVENUE, APT. 2 E-N CHICAGO, IL 60613 DATE OF NOTICE: JULY 24, 2007 r r'?a THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU iv1AY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 _ - S. AZj?- - CFRANCIS S. HAL INAN, ESQUIRE Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY :NO. 07-793-CIVIL TERM PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (2151 563-7000 NEW YORK COMMUNITY BANK : COURT OF COMMON PLEAS Plaintiff JERRY S. HARPER SALLY L HARPER Vs. : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 07-793-CIVIL TERM Defendants TO: JERRY S. HARPER 480 SAMPLE BIDGE ROAD ENOLA, PA 17025 DATE OF NOTICE: JULY 24.2007 r? t THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ORANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Haliinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 NEW YORK COMMUNITY BANK : COURT OF COMMON PLEAS Plaintiff JERRY S. HARPER SALLY L HARPER Vs. : CIVIL DIVISION : CUMBERLAND COUNTY :NO. 07-793-CIVIL TERM Defendants TO: JERRY S. HARPER 426 SOUTH 23RD STREET, APT. 202 LEMOYNE, PA 17043 DATE OF NOTICE: JULY 24.2007 IL E a. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. [ ITT 1•l:4 fill if-L191414f? 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 NEW YORK CON04UNITY BANK Plaintiff Vs. JERRY S. HARPER SALLY J. HARPER Defendants TO: SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 DATE OF NOTICE: JULY 24.2007 NO. 07-793-CIVIL TERM L E t, THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 Aff -- a.=.- s. FI(ANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY • PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY Plaintiff, V. JERRY S. HARPER SALLY J. HARPER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-793 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JERRY S. HARPER is over 18 years of age and resides at, 3617 N. PINE GROVE AVENUE, APT. 2 E-N, CHICAGO, IL 60613. (c) that defendant SALLY J. HARPER is over 18 years of age, and resides at, 480 SAMPLE BRIDGE ROAD, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. 1 I f DANIEL G. S MIEG, SQU Attorney for Plaintiff !k ? ? YJ ? ? ?? t?t ? J ? (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. JERRY S. HARPER SALLY J. HARPER Defendant(s). CIVIL DIVISION NO. 07-793 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 2001. . 614 By: s P r. oxa DEPUTY If you have any questions concerning this matter, please contact: Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** ? (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 NEW YORK COMMUNITY BANK Plaintiff, V. No. 07-793 CIVIL TERM JERRY S. HARPER SALLY J. HARPER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in for above matter: Amount Due Interest from 08/21/07 to DECEMBER 5, 2007 (per diem -$99.50) Add'1 Costs TOTAL $605,305.92 $10,547.00 and Costs $3.009.55 $6118,862.47 /Z(/ U/ / DANIEL G. 9CHMMO, ESQUIRE One Penn Center at Suburban Station Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff 148490 M ?O a w C U d a „ eel a _ W w a ? o E-? V t?/a W ? f•- -- w s ; ? - mll"F to "? co ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern legal right-of-way line of Sample Bridge Road at the corner of Residual Lot No. 2-A (erroneously described as Lot No. 1 on prior deed) on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363.26 feet to a point at the southern line of Residual Lot No. 2-A on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Residual Lot No. 2-A North 67 degrees 04 minutes 30 seconds East a distance of 185.00 feet to a point on the western line of land now or formerly of Joey V. Sullenberger and Denise C. Sullenberger; THENCE along said Sullenberger land, South 04 degrees 00 minutes 00 seconds East a distance of 365.00 feet to a point on the northern legal right of way line of Sample Bridge Road; THENCE along the northern legal right-of-way line of Sample Bridge Road South 73 degrees40 minutes 00 seconds West a distance of 179.13 feet to a point at the corner of Residual Lot No. 2-A, the point and Place of BEGINNING. BEING comprised of Lot No. 3 as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 21, 1998, last revised January 11, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 78, Page 39 and Residual Lot No. 2-B as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 20, 1999, last revised November 18, 1999, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 80, Page 81. BEING THE SAME PREMISES which Larry M. Nelson and Joan Nelson, husband and wife, by their deed dated March 1, 1999 recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 195, Page 490, and their deed dated February 15, 2000, intended to be recorded immediately prior to this deed, granted and conveyed unto Jerry S. Harper and Sally J. Harper, Grantors herein. PARCEL IDENTIFICATION NO: 38-04-0367-085 Premises: 480 Sample Bridge Road, Mechanicsburg, PA 17055 Silver Spring Township Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Jerry S. Harper and Sally J. Harper, husband and wife, by Deed from Jerry S. Harper and Sally J. Harper, husband and wife, dated 02/16/2000, recorded 02/23/2000, in Deed Book 216, page 557. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NEW YORK COMMUNITY BANK Plaintiff, V. JERRY S. HARPER SALLY J. HARPER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-793 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ATTORNEY FOR PLAINTIFF vDANIEL G. SCHMIEG, ESQUIP ' Attorney for Plaintiff ?/ 1 CO NEW YORK COMMUNITY BANK Plaintiff, V. JERRY S. HARPER SALLY J. HARPER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-793 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) NEW YORK COMMUNITY BANK . Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .480 SAMPLE BRIDGE ROAD. MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JERRY S. HARPER 3617 N. PINE GROVE AVENUE, APT. 2 E- N CHICAGO, IL 60613 SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name BUREAU OF COMPLIANCE Last Known Address (if address cannot be reasonably ascertained, please indicate) DEPT. 280946 HARRISBURG, PA 17128-0946 US TREASURY DEPARTMENT, PITTSBURGH OFFICE ROOM 808 PNC NATIONAL ASSOCIATION C/O DONNA M. DONAHER, ESQ. 1000 LIBERTY AVENUE PITTSBURGH, PA 15222-9974 1500 ONE PPG PLACE PITTSBURGH, PA 15222-5401 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ALL FIRST BANK 1123 N. GEORGE STREET YORK, PA 17404 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. R "t 23,2007 DATE !AN"IELG. SC14 MIEG, ESQUI Attorney for Plaintiff r ? CC) #1 NEW YORK COMMUNITY BANK Plaintiff, V. JERRY S. HARPER SALLY J. HARPER Defendant(s). CUMBERLAND COUNTY No. 07-793 CIVIL TERM August 23, 2007 TO: JERRY S. HARPER 3617 N. PINE GROVE AVENUE, APT. 2 E-N CHICAGO, IL 60613 SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 **THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THAT P URPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** Your house (real estate) at, 480 SAMPLE BRIDGE ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5. 2007 at 10:00 am. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $605,305.92 obtained by NEW YORK COMMUNITY BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 3-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sherifl°s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern legal right-of-way line of Sample Bridge Road at the corner of Residual Lot No. 2-A (erroneously described as Lot No. 1 on prior deed) on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363.26 feet to a point at the southern line of Residual Lot No. 2-A on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Residual Lot No. 2-A North 67 degrees 04 minutes 30 seconds Bast a distance of 185.00 feet to a point on the western line of land now or formerly of Joey V. Sullenberger and Denise C. Sullenberger; THENCE along said Sullenberger land, South 04 degrees 00 minutes 00 seconds Bast a distance of 385.00 feet to a point on the northern legal right of way line of Sample Bridge Road; THENCE along the northern legal right-of-way line of Sample Bridge Road South 73 degrees40 minutes 00 seconds West a distance of 179.13 feet to a point at the corner of Residual Lot No. 2-A, the point and Place of BEGINNING. BEING comprised of Lot No. 3 as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 21, 1998., last revised January 11, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 78, Page 39 and Residual Lot No. 2-B as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 20, 1999, last revised November 18, 1999, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 80, Page 81. BEING THE SAME PREMISES which Larry M. Nelson and Joan Nelson, husband and wife, by their deed dated March 1, 1999 recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 195, Page 490, and their deed dated February 15, 2000, intended to be recorded immediately prior to this deed, granted and conveyed unto Jerry S. Harper and Sally J. Harper, Grantors herein. PARCEL IDENTIFICATION NO: 38-04-0367-085 Premises: 480 Sample Bridge Road, Mechanicsburg, PA 17055 Silver Spring Township Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Jerry S. Harper and Sally J. Harper, husband and wife, by Deed from Jerry S. Harper and Sally J. Harper, husband and wife, dated 02/16/2000, recorded 02/23/2000, in Deed Book 216, page 557. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-793 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NEW YORK COMMUNITY BANK, Plaintiff (s) From JERRY S. HARPER AND SALLY J. HARPER (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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $605,305.92 L.L. $.50 Interest from 8/21/07 to 12/05/07 (per diem - $99.50) - $10,547.00 and Costs Atty's Comm % Due Prothy $2.00 Any Paid $258.40 Other Costs $3,009.55 Plaintiff Paid Date: 8/24/07 Can U&tis R. Long, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 New York Community Bank Plaintiff VS. Jerry S. Harper Sally J. Harper Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County No. 07-793-Civil Term PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on February 9, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on August 24, 2007 in the amount of $605,305.92. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 5, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $562,268.03 Interest Through 12/05/07 51,958.53 Per Diem $112.71 Late Charges 1,321.69 Legal fees 1,925.00 Cost of Suit and Title 1,867.05 Sheriffs Sale Costs 0.00 Property Inspections 75.00 Appraisal/Brokers Price Opinioin 0.00 Mortgage Ins. Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 20.00 Suspense/Misc. Credits 0.00 Escrow Deficit 6,749.71 TOTAL $626,185.01 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on September 24, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Guido entered an order for special services dated May 30, 2007. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: JDJ1 1 Phelan HalliASieg, LLP is ele M. Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 New York Community Bank Court of Common Pleas Plaintiff vs. Civil Division : Cumberland County Jerry S. Harper No. 07-793-Civil Term Sally J. Harper Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 480 Sample Bridge Road, Enola, PA 17025. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage CoLp. v. Grillo, 827 A.2d 489 (Pa. Super. 2003). Morgan Guaranty Trust Co. ofN.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shoppin Cg enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phe i a g, LLP Mic ele M. Bradford, E ire Attorney for Plaintiff c L- "7l - Q r -.G C - PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 148490 NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY FREDRICK, MD 21703 Plaintiff V. JERRY S. HARPER SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 6A/ CUMBERLAND COUNTY Defendants R CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE WO hereby certify Within to be a truand Correct COPY of the ®""d OW of t6cWd File #: 148490 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 (SEE ATTACHED ESPANOL AVISO) File #: 148490 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS He N: 148490 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 148490 1. Plaintiff is NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY FREDRICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: JERRY S. HARPER SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/2812000 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to ROSLYN NATIONAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1598, Page: 1018. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Fite #: 148490 6. The following amounts are due on the mortgage: Principal Balance $562,268.03 Interest $17,877.96 09/01/2006 through 02/06/2007 (Per Diem $112.44) Attorney's Fees $1,250.00 Cumulative Late Charges $1,321.69 02/28/2000 to 02/06/2007 Cost of Suit and Title Search 550.00 Subtotal $583,267.68 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $583,267.68 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personal judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File 4: 149490 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $583,267.68, together with interest from 02/06/2007 at the rate of $112.44 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/F cis S. a1 inan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 148490 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern legal right-of-way line of Sample Bridge Road at the corner of Residual Lot No. 2-A (erroneously described as Lot No. 1 on prior deed) on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363.26 feet to a point at the southern line of Residual Lot No. 2-A on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Residual Lot No. 2-A North 67 degrees 04 minutes 30 seconds East a distance of 185.00 feet to a point on the western line of land now or formerly of Joey V. Sulienberger and Denise C. Sullenberger; THENCE along said Sullenberger land, South 04 degrees 00 minutes 00 seconds East a distance of 385.00 feet to a point on the northern legal right of way line of Sample Bridge Road; THENCE along the northern legal right-of-way line of Sample Bridge Road South 73 degrees40 minutes 00 seconds West a distance of 179.13 feet to a point at the corner of Residual Lot No. 2-A, the point and Place of BEGINNING. BEING comprised of Lot No. 3 as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 21, 1998, last revised January 11, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 78, Page 39 and Residual Lot No. 2-B as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 20, 1999, last revised November 18, 1999, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 80, Page 81. Fdc M 149490 BEING THE SAME PREMISES which Larry M. Nelson and Joan Nelson, husband and wife, by their deed dated March 1, 1999 recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 195, Page 490, and their deed dated February 15, 2000, intended to be recorded immediately prior to this deed, granted and conveyed unto Jerry S. Harper and Sally J. Harper, Grantors herein. PROPERTY BEING: 480 SAMPLE BRIDGE ROAD File #: 149490 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attomey for Plaintiff DATE: CD PHELAN HALLINAN & SCHMMG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1514 (215) 563-7000 NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY FREDRICK, MD 21703 Plaintiff, V. JERRY S. HARPER 3617 N. PINE GROVE AVENUE, APT. 2 E-N CHICAGO, IL 60613 SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 A PORNEy FILE Copy LEASE RETURIII CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL. DIVISION NO. 07-793 CIVIL TERM ATTORNEY FILE copy PLEASE RETURIV Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JERRY S. HARPER and SALLY J. HARPER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint anORI?IEy FI $583,267.68 Interest from 02!07/07 to 08/21/U7,? p?SE RET???60's43os 92 TOTAL I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been-given in accordance with Rqf? 237.1, copy attached. f J A n? 1 ? ? t ATTORNEY FILE COPY'` Attorney for Plaintiff ESQUIRE PLEASE RETURN DAMAGES ARE HEREBY ASSESSED AS INDICATED//. / DATE: AI LdGL1?S K!!??-40cf P O PROTHY '4 148490 ATTORNEY FILE COPY ' PLEASE RV7U RN PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey September 24, 2007 Jerry S. Harper Sally J. Harper 426 South 3rd Street, Apt. 202 Lemoyne, PA 17043 RE: New York Community Bank vs. Jerry S. Harper and Sally J. Harper Premises Address: 480 Sample Bridge Road, Enola, PA 17025 Cumberland County CCP, No. 07-793-Civil Term Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by Friday, September 28, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. aMic WBrrad , squire Fo r Phelan Hallinan & Schmieg, LLP Enclosure O O rn a a W x U z a O v Y a U G ab oa 'O L C ? E^o? Z Q T? 3 O U ? O 1? 'a+ E°Nv U O n Q E c N N ? s o L s ? 3o03 diz woa I a3iidw U . --- LOOZ bZ d3S O LOB LZ17000 . . OOVZO $ M ZO p 53M09 A3Nlld ® E . j p ® ?? I , v O o 0 G. 9. M 1 ? C'i OL ? ? G! 03 E E 0 "e `. .S d CIO . a E Eo W 'x a ° y ? w E?3°o N pg O y 5 15 i', o O ?1°O U t W O G V° G w Z. r--1 V.Vi - O 0 N O a y?edBM ? v ?C o u ? o ? h 0 + s??? L G b ? a d v ? ? a w V1 ? o 00 C ? ?d x -? o ? H a N ? ? N w y x x 0 O y p 0 V] V1 E `° i 0 z o 00 U rl b x w w ? z d u ?l .- N M In ?O l? 00 a, O N M ° i? J VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: By: N'MA - Michele M. Bradford, uire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 New York Community Bank Plaintiff VS. Jerry S. Harper Sally J. Harper Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 07-793-Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. Jerry S. Harper Sally J. Harper 480 Sample Bridge Road Enola, PA 17025 DATE: U:j 11) 111 11? Jerry S. Harper 426 South 3rd Street, Apt. 202 Lemoyne, PA 17043 Ph Ili & Schmi , LP Mic ele M. Bradford, Esq i e Attorney for Plaintiff h J ' ? ? ? ? -j 1 _ .. ?? =- ` 1 (.1 _ Y _.. ? y -- --? l.`? J V OCT 042007 /Ni IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA New York Community Bank Plaintiff vs. Jerry S. Harper Sally J. Harper Defendants Court of Common Pleas : Civil Division Cumberland County : No. 07-793-Civil Term RULE AND NOW, this ?f ` A day of 00^2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. a? A00 . Rule Returnable on the ` day of A)&'V %V"06 A-*V 2007, at /• . in the Pftn" -%U3 a. Courtroom of the Cumberland County Courthouse, HarrisbuQRT J. /Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradfordAfedphe.com V 'Jerry S. Harper Sally J. Harper 480 Sample Bridge Road Enola, PA 17025 Tel: (717)791-2791 /Jerry S. Harper 426 South 3rd Street Apt. 202 Lemoyne, PA 17043 C^TW*ES /Wa lki-C _ !v/Mlo7 3 rtl .?ri t• 13R t 41 '+' ?'f ]HI PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 New York Community Bank Court of Common Pleas Plaintiff : Civil Division vs. : Cumberland County Jerry S. Harper No. 07-793-Civil Term Sally J. Harper Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 19, 2007 was sent to the following individual on the date indicated below. Jerry S. Harper Sally J. Harper 480 Sample Bridge Road Enola, PA 17025 DATE: l I p? 1117 Jerry S. Harper 426 South 3rd Street Apt. 202 Lemoyne, PA 17043 rhn allinan chmieg, LLP By: Michele M. Bradfor , Esquire Attorney for Plaintiff t? C=l p c ? --n r ca 7.r r-n ' Fti? PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE NEW YORK COMMUNITY BANK JERRY S. HARPER SALLY J. HARPER SERVE SALLY J. HARPER AT 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 CUMBERLAND COUNTY No. 07-793 CIVIL TERM ACCT. #148490 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 5, 2007 / SERVED Served and made known to S??LY ?. I? ?}R.??R Defendant, on the day of S EpT6Ai8jW9 , 200], at - ?3 o'clock_p.m., at 4-f0 !3"PL'F Be-lb 4e RD , Commonwealth of Pennsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to gi a name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual pl ce of business. an officer of said Defendant(s)'s company. Other: Description: Age 13Q Height G I ? t% Weight110 Race W Sex - Other 1, PnAfk-1z M6 L.L , a competent adult, being duly sworn according to law, depose and state that T personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this Zo day of _ f^ 2007 Notary: ('\ 1 I21AL ?tAL ph J.Sarocy - hiotary Ptablic TOOMMJTAA of Philadeiphi3, Philadelphia County sSICr4 ?XPIFiES MAY 23, 20-1 On the __ day of T 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1St Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of . 200_. Notary: Vacant °d Attempt: Time: Attorney for Plaintiff DANI L G. SCHMIEG, Esquire - I.D. No. 62205 One P nn Center at Suburban Station, Suite 1400 By: 1617 ohn F. Kennedy Boulevard Phila elphia, PA 19103-1814 (215) 63-7000 l? lg( r-a ? ? - ? ?, - ?ti ?? "?? ? ?_. ? t ,;;3 . .? a ?....?. ?° ?' jft C"r . -- ?. - ? `? C . ? C`? '.?C. R s Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney for Plaintiff Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 NEW YORK COMMUNITY BANK CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION JERRY S. HARPER NO. 07-793-CIVIL TERM SALLY J. HARPER Defendant(s). AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to JERRY S. HARPER on AUGUST 24, 2007 at 480 SAMPLE BRIDGE ROAD, ENOLA, PA 17025 & 426 SOUTH 23RD STREET, APT. 202, LEMOYNE,'PA 17043 & 3617 NORTH PINE GROVE AVENUE, APT. 2 E-N, CHICAGO, IL 60613 in accordance with the Order of Court dated MAY 30, 2007. The property was posted on SEPTEMBER 20, 2007. Publication was advertised in THE SENTINEL pn SEPTEMBER 11, 2007 & in CUMBERLAND LAW JOURNAL on SEPTEMBER 14, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. Dated: October 23, 2007 PHELAN LLINAN & SCHMIEG, LLP r By: ESQUIRE 7160 3401 4645 2011 1013 TO' JERRY S. HARPER ' 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 i TEAM4/AXA SENDER: } 1048504459 a REFERENCE: HARPER F -"RN Pb~ 2.65 1 RECEIPT Certified Fee 2.15 SERVICE Return Receipt Fee i Restricted DeNve 5.21 ' Total Postage & Fees US POSW Service a OR n Receipt for m Certified Mail . Provided ' No Irmirance Coverage ,. ??te - ` Do Not Uae for Mt flukdonw, Mal ? bd -- -- --..... - 7160 3901 9845 2011 0993 TO: JERRY S. HARPER . 426 SOUTH 23RD STREET APT. 202 LEMOYNE, PA 17043 TEAM4/AXA SENDER: 1048504459 REFERENCE: HARPER i RETURN Postage RECEIPT ? SERVICE Cerdfied Fee Return Receipt Fee Restricted Del' ve I Total Postage & Fees US Postal Service Receipt for Certified Mail No lows nce Coverage Provided Do Not Use for International MaY .41 i 7160 34(11 4845 2011 1006 To: JERRY S. HARPER 3617 N. PINE GROVE AV I ENUE APT 2 E-N CHICAGO, IL 60613 TEAM4/AXA SENDER: 1048504459 REFERENCE: HARPER PS Form 3800 JNWM 2006 .41 i RETURN Postage 2.65 1 RECEIPT Certified Fee 2.15 SERVICE ' Return Receipt Fee Restricted Delivery 5.21 j Total Postage & Fees US Postal Service O Receipt for Certified Mail Z ? No Irwrance Coverage Provided C 0 X Do Not Use for Intematlonal Mal 61 `d T MAY 2 3 2000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA New York Community Bank Civil Division vs. No. 07-793-Civil Term Jerry S. Harper Sally J. Harper ORDER AND NOW, this day of 1M !r , 2007, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is. GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Jerry S. Harper, by: 1. Posting of the premises: 480 Sample Bridge Road, Enola, PA 17025. 2. First class mail to Jerry S. Harper at the last known addresses, 426 South 23rd Street, Apt. 202, Lemoyne, PA 17043 and 3617 N. Pine Grove Avenue, Apt. 2 E-N, Chicago, IL 60613, and the mortgaged premises located at 480 Sample Bridge R ad, Enola, PA 17025; and 2 3. Certified mail to Jerry S. Harper 'and Sally J. Harper at the last known addresses, 426 South 23rd Street, Apt. 202, Lemoyne, PA 17043 and 3617 N. Pine Grove Avenue, Apt. 2 E-N, Chicago, IL 60613 and the mortgaged premises located at 480 Sample Bridge Road, Enola, PA 17025; and 4. Publication in accordance with PA. R.C.P. 430. T: J. Cc: Jerry S. Harper 480 Sample Bridge Road Enola, PA 17025 Jerry S. Harper 426 South 23rd Street, Apt. 202 Lemoyne, PA 17043 Jerry S. Harper 3617 N. Pine Grove Avenue, Apt. 2 E-N Chicago, IL 60613 3 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF NEW YORK COMMUNITY BANK / No. 07-793 CIVIL TERM DEFENDANT(S) JERRY S. HARPER SALLY J. HARPER ACCT. #148490 **Please post premises with Notice of Sheriff's Sale per court orde ** Type of Action - Notice of Sheriffs Sale 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 Sale Date: DECEMBER 5, 2007 SERVED :Yet-ry F_ Served and made known to 3211!1 :T jq PI?R Defendant, on the day of J)?PrT(I=/118 , 2003, at & % 13 , o'clock P.m., at Q$O S4,wee Br 5,e ' 12*.1? , F NO L0 , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of Vid De enAant(s)'s,pmpany. V Other: O aktise5 `Wit--{{,, 0+1to-qq??- A-Q ?tk`S Sale_ Description: Age Height Weight Race Sex Other I, PC) !? ?& EL- , a competent adult, being duly sworn according to law, depose and state that I personally a true and correct copy of the Notice of Sheriff s Safe in the manner as set forth herein, issued in the captioned e date and at the address indicated above. Sworn to and subscribed before me this ZO day of f 2002. Notary: lTH 0 PEN VANIA PI F v LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE Joseph J. S rccy - Notary Public ATTEMPTED. City, ai Phi<iideIj'h 2, t ;1i .Ie?,'hi-9 Crounty MY CO,trNISSIOP FAXNHES MAY 23, 2C_'tl NOT SERVED On the day of Moved Unknown No Answer 1" Attempt: / / Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of .200-. Notary: By: o'clock _.m., Defendant NOT FOUND because: 200, at Vacant 2?d Attempt: Time: DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)5 3-7000 V() PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker Classified Advertising Ma a er , of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borou h of Carlisle, County and State aforesaid, was established December 13th, 1881, ince which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) September 11, 2007 COPY OF NOTICE OF PUBLICATION r, I DAW, TQ' ONOTICE G Ti1i4rErfV .. ar?-PtAAA We Amis PA 17025 b ?M>io sold at ...an D t?4B Bt r? , ohte by:N t >! `t?pr?hg TC?f+sM>?f, ,I ut t 4 *(parw of lark 10?" it Ik+ of PennaYtvanys, f ` northarn legal right-of-way "'?ampie Berge Road. gtNo. 2-A (ar+on+?sy daeFr?ed as Lot No. 1 on Prior rgsd ptW Sub&vislon P Ok MSHM a+m*** winrol"d W*jl f"19 toff fC6 2-A NO"! 6f 8 LAt 4 t 01 W -6 VIVO MY Aff ant further deposes that he/she is not int rested in the subject matter of the afo esaid notice or advertisement, and that all llegations in the foregoing statement as t time, place and character of nu lication are true. O. to and subscribed before me this Notary expires: Cl// /0 COMMONWEALTH OF PENNSYLVANIA NOW11111 Seal CNISIM'ta L. Wdfe, Notary PUtAC Caflisle Born, Cttrt60*4 CCU* My Cotrnist W E)q*ft Sept. 1. 2008 Member. Pennsylvania Association Of Notaries _ 14, PROOF OF PUBLICA ION OF NOTICE IN CUMBERLAND I.JAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the (Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to la , deposes and says that the Cumberland Law Journal a legal periodical published in the Boroup 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 September 14, 2007 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. '2 -? , ie Coyne, SWORN TO AND SUBSCRIBED before me this 14 ay of September, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Pubft CARLISLE BORO. CUMBERLAND COUNTY My Comn*81on Expkm Apr 28.2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 07-793 CIVIL TERM NEW YORK COMMUNITY BANK VS. JERRY S. HARPER SALLY J. HARPER NOTICE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JERRY S. HARPER TAKE NOTICE that the real estate located at 480 SAMPLE BRIDGE ROAD, ENOLA, PA 17025 is sched- uled to be sold at Sheriff's Sale on Wednesday, DECEMBER 5, 2007 at 10:00 A.M., Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $605,305.92, ob- tained by NEW YORK COMMUNITY BANK (the mortgagee). ALL THAT CERTAIN piece or par- cel of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and de- scribed as follows: BEGINNING at a point on the northern legal right-of-way line of Sample Bridge Road at the corner of Residual Lot No. 2-A (erroneously described as Lot No. 1 on prior deed) on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363.26 feet to a point at the southern line of Residual Lot No. 2-A on the hereinaf- ter described Final Subdivision Plan; THENCE along the southern line of said Residual Lot No. 2-A North 67 degrees 04 minutes 30 seconds East OL distance of 185.00 feet to a point On the western line of land now or fc)rmerly of Joey V. Sullenberger and Denise C. Sullenberger; THENCE Tong said Sullenberger land, South 04 degrees 00 minutes 00 seconds East a distance of 385.00 feet to a oint on the northern legal right f way line of Sample Bridge Road; HENCE along the northern legal sight-of-way line of Sample Bridge oad South 73 degrees 40 minutes t0 seconds West a distance of 179.13 eet to a point at the corner of Re- idual Lot No. 2-A, the point and ace of BEGINNING. BEING comprised of Lot No. 3 as own on the Final Subdivision Plan or Larry M. Nelson, as prepared by artman and Associates, Inc., dated ctober 21, 1998, last revised Janu- 11, 1999, recorded in the Office of the Recorder of Deeds of Cumberland ounty in Plan Book 78, Page 39 and esidual Lot No. 2-13 as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October ?0, 1999, last revised November 18, j1999, recorded in the Cumberland County Recorder of Deeds Office in Dian Book 80, Page 81. BEING THE SAME PREMISES hich Larry M. Nelson and Joan elson, husband and wife, by their deed dated March 1, 1999 recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 195, Page 490, and their deed dated February 15, 2000, intended to be recorded immediately prior to this deed, granted and conveyed unto 'Jerry S. Harper and Sally J. Harper, (Grantors herein. TITLE TO SAID PREMISES IS (VESTED IN Jerry S. Harper and Sally J. Harper, husband and wife, by Deed from Jerry S. Harper and Sally J. Harper, husband and wife, dated ,02/16/2000, recorded 02/23/2000, in Deed Book 216, page 557. !a CUMBERLAND LAW JOURNAL Being Premises 480 SAMPLE BRIDGE ROAD, ENOLA, PA 17025. Improvements consist of residen- tial property. Sold as the property of JERRY S. HARPER & SALLY J. HARPER. CONDITIONS OF SALE: THE HIGHEST AND BEST BIDDER SHALL BE THE BUYER. TAKE NOTICE that a Schedule of Distribution will be filed by the Sher- iff on JANUARY 7, 2008, distribution will be made in accordance with the schedule unless exceptions are filed within ten days thereto. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Suite 1400 One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Sept. 14 ? -r1 f C ? a L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NEW YORK COMMUNITY BANK Plaintiff V. JERRY S. HARPER SALLY J. HARPER Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-793 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 480 SAMPL RRIDCIF. ROAD, MECHANIC:SRITRCI_ PA 17055. As required by Pa. R.C.P. 3129.2(x) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ,v a f , DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Date: October 25, 2007 6 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he .sold in the ahsence of a representative of the plaintiff at the Shexjff Q S21e. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 148490 1 1.3 ` .all. '1048`L 3???'??21d031f?dMt ' ? '• CO AWE ? a at a a a N W I y r •?'"' O ?` u W oo W ? o W = N m H o e` o ?u a a a?? Q a > a °O •a ?' O cn 01. a.tn N ~? V ¢ w O • C v 4011 ,o mol M !2 Q ; a ? oho N r- cv 1r+1 Vj 14 12 0 -3 p. Z 4 ? H CL CL g m ? V C', I v" G Z :z -cs 5rY un :4 .-c: C3 NEW YORK COMMUNITY BANK Plaintiff VS. JERRY S. HARPER AND SALLY J. HARPER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-793 Civil Term ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with, Phelan Hallinan & Schmieg, LLP, for the limited purpose of representing the Plaintiff at Oral Argument on Plaintiff's Motion to Reassess Damages on November 19, 2007 at 1:00 p.m. in Courtroom No. 3 of the Cumberland County Courthouse, Carl islvl--?nnsylvania. Date: November 9, 2007 /PX-M)/ IN Da a F. Shu ar , Supreme Cou .D 1 373 10 West High Stre t Carlisle, PA 17013 (717) 241-4311 CC: Michele M. Bradford, Esquire Jerry S. Harper Sally J. Harper e Z? p cri `C NEW YORK COMMUNITY BANK CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS JERRY S. HARPER CIVIL DIVISION SALLY J. HARPER NO. 07-793 CIVIL TERM Defendant(s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) NEW YORK COMMUNITY BANK , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,480 SAMPLE BRIDGE ROAD, MECHANICSBURG, PA 17055. 1. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Unemployment Compensation Fund 16th Floor L&I Building Harrisburg, PA 17121 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 15, 2007 DATE DANIEL G. SCHM G, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NEW YORK COMMUNITY BANK CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION JERRY S. HARPER SALLY J. HARPER NO. 07-793 CIVIL TERM Defendant(s) AMENDED AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 480 SAMPLE BRIDGE ROAn MEC14ANICSBITRG, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. P 0 DAN EL G. SCH IEG, SQUIRE Attorney for Plaintiff Date: November 15,E IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he sold in the absence of n representatiy of f the lain off at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 148490 a, £ 0 L 6 l 3000 dIZ W0213 0311M - L OOZ O L AON 0 L08 LZb000 09030 $ w L z o 53M09 A3Nlld C ? , 5 ??SOd std'' k W a w w O ox a C7 o?`n c U U M ¢ a a¢.. A a 0 tl- as a0 °a v ? ° Qv Eby zoo a I d v s~ O a a a 7 9 O u a8e E z a? a A 0 A 0 CL •Q r-I A:C N O r-y ? a p D 8 w ? a I? I N I M I rr I C I ? I ? I °O I v, ?? I .? o '$ = cr2 y iNi CL U •^ ao ?? ? ?+ O U •? o 'S v?i l e g _ vi • 4 a U a? aU?i u o o N O ? ? W y u ? 'o 'o a c ?o '?+ o c m C O ? N C a o uw U :3 O ,j 0 0 h owH• 5 E L 0 0 9 to O !+ N ? N M Q . .. _b o u 4 o 00 J w H ?N A ? ? v -y QQ?? a o W ? a ?v oE o. w W y U U U • a. O_ yO y A z? oT u z od: +' t sir -C "m C"i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA New York Community Bank : Court of Common Pleas Plaintiff vs. Jerry S. Harper Sally J. Harper Defendants : Civil Division : Cumberland County : No. 07-793-Civil Term ORDER AND NOW, thid / day of 2007 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $562,268.03 Interest Through 12/05/07 51 958.53 Per Diem $112.71 , Late Charges 1 321.69 Legal fees , 1 925.00 Cost of Suit and Title , 1 867.05 Sheriffs Sale Costs , 0 00 Property Inspections . 75 00 Appraisal/Brokers Price Opinion . 0 00 Mortgage Ins. Premium/Private . 0 00 Mortgage Ins. . NSF (Non-Sufficient Funds charge) 20.00 1 ? t ? v t 0.00 Suspense/Misc. Credits 6 749.71 Escrow Deficit TOTAL $626,185.01 Plus interest from 12/05/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY E COU T J. S. Harper Jerry S. Harper Michele M. Bradford, Esquire Jerry 426 South 3rd Street Phelan Hallinan & Schmieg, LLP Sally J. Harper Apt. 202 1617 JFK Boulevard, Suite 1400 Enola480, PA Sample Br 17025 Bridge Road Leoyne, PA 17043 Philadelphia, PA 19103 Tel: (717)791-2791 TEL: (215) 563-7000 FAX: (215) 563-3459 michdf0rd2fedphe.com ??" 7 148490 qty 'Id'?f1? ? ?s 0 ? :I d 6 1 A0N 1001 J0 (;=?-I ltd f : New York Community Bank In the Court of Common Pleas of VS Cumberland County, Pennsylvania Jerry S. Harper and Sally J. Harper Writ No. 2007-793 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Jerry S. Harper, by certified mail to one of his last known addresses of 426 South 23rd Street, Apt. 202, Lemoyne, PA 17043. This letter was mailed under the date of September 11, 2007. The return receipt card was signed by Jill Ochs on September 12, 2007 and returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Jerry S. Harper, by certified mail to one of his last known addresses of 3617 N. Pine Grove Ave., Apt. 2 E-N, Chicago, IL 60613. This letterr was mailed under the date of September 11, 2007. The return receipt card was signed by Sally Harper on September 21, 2007 and returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Jerry S. Harper, by certified mail to one of his last known addresses of 480 Sample Bridge Road, Enola, PA 17025. This letter was mailed under the date of September 11, 2007. The unopened letter was returned to the Cumberland County Sheriffs Office on September 29, 2007 marked "UNCLAIMED, UNABLE TO FORWARD." David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on September 26, 2007 at 1516 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jerry S. Harper, by posting the premises located at 480 Sample Bridge Road, Enola, Cumberland County, Pennsylvania pursuant to order of court. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on September 26, 2007 at 1516 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Sally J. Harper, by making known unto Sally Harper personally at 480 Sample Bridge Rd., Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1753 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jerry S. Harper and Sally J.' ' Harper located at 480 Sample Bridge Road, Enola, Cumberland County, 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 the within named defendant, to wit: Jerry s. Harper by regular mail to his last known addresses of 426 South 23rd Street, Apt. 202, Lemoyne, PA 17043; 3617 North Pine Grove Avenue, Apt. 2 E-N, Chicago, IL 60613; and 480 Sample Bridge Road, Enola, PA 17025. These letters were mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. 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 the within named defendant, to wit: Sally J. Harper by regular mail to her last known address of 480 Sample Bridge Road, Enola, PA 17025. This letter was mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postpone Sale Law Journal Patriot News Share of bills R. Thomas Kline, Sheriff BY Real Estate ergeant 30.00 23.48 15.00 15.00 .50 2.00 28.80 13.92 15.00 30.00 20.00 527.00 461.81 14.92 $ 1173.95 ? "'/ / //,0 S' 2" e0. 10 ? v yBriJ NEW YORK COMMUNITY BANK Y Plaintiff, • v. JERRY S. HARPER SALLY J. HARPER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL. DIVISION NO. 07-793 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) NEW YORK COMMUNITY BANK . Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,480 SAMPLE BRIDGE ROAD, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JERRY S. HARPER 3617 N. PINE GROVE AVENUE, APT. 2 E- N CHICAGO, IL 60613 SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name BUREAU OF COMPLIANCE Last Known Address (if address cannot be reasonably ascertained, please indicate) DEPT. 280946 HARRISBURG, PA 17128-0946 US TREASURY DEPARTMENT, PITTSBURGH OFFICE ROOM 808 PNC NATIONAL ASSOCIATION C/O DONNA M. DONAHER, ESQ. 1000 LIBERTY AVENUE PITTSBURGH, PA 15222-9974 1500 ONE PPG PLACE PITTSBURGH, PA 15222-5401 4. Name and address of last recorded holder of every mortgage of record: I ame Last Known Address (if address cannot be reasonably ascertained, please indicate) ALL FIRST BANK 1123 N. GEORGE STREET YORK, PA 17404 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 23, 2007 DATE tANI"EL G. SC MIEG, ESQUI Attorney for Plaintiff i NEW YORK COMMUNITY BANK Plaintiff, V. JERRY S. HARPER SALLY J. HARPER Defendant(s). CUMBERLAND COUNTY No. 07-793 CIVIL TERM August 23, 2007 TO: JERRY S. HARPER SALLY J. HARPER 3617 N. PINE GROVE AVENUE, APT. 2 E-N 480 SAMPLE BRIDGE ROAD CHICAGO, IL 60613 ENOLA, PA 17025 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMA770N OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 480 SAMPLE BRIDGE ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5. 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $605,305.92 obtained by NEW YORK CON[ UNITY BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 0,`3/07/.2,007 12:23 FAX DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: 16002/002 BEGINNING at a point on the northern legal right-of-way line of Sample Bridge Road at the corner of Residual Lot No. 2-A (erroneously described as riot No. 1 on prior deed) on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363_26 feet to a point at the southern line of Residual Lot No. 2-A on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Residual Lot No. 2--A North 67 degrees 04 minutes 30 seconds East a distance of 185.00 feet to a point on the western. line of land now or formerly of Joey V. 9ullenberger and Denise C. Sullenberger; THENCE along said Sullenberger land, South 04 degrees 00 minutes oo seoouds East a distance of 395.00 feat to a point on the northern legal right of way litre of Sample Bridge Road; THENCE along the northern legal right-of-way line of Sample Bridge Road South 73 degrees40 minutes 00 seconds West a distance of 179.13 feet to a point at the cornar of Residual Lot No. 2-A, the point and Place of BEGINNING. BEING comprised of Lot No. 3 as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 21, 1990, last revised January 11, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 78, Page 39 and Residual Lot No. 2-3 as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 20, 1999, last revised November 18, 1999, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 80, page 81. BEING THE SAME PREMISES which Larry M. Nelson and Joan Nelson, husband and wife, by their deed dated March 1, 1999 recorded in the Office of the Recorder of Deeds of Cumberland County in Dead Book 195, Page 490, and their deed dated February 15, 2000, intended to be recorded immediately prior to this deed, granted and conveyed unto Jerry S. Harper and Sally J. Harper, Grantors herein. PARCEL IDENTTRICATION NO: 38-040367-085 Premises: 480 Sample Bridge Road, ENULA, PA 17025 Silver Spring Township Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Jerry S. Harper and Sally J. Harper, husband and wife, by Deed from Jerry S. Harper and Sally J. Harper, husband and wife, dated 02/16/2000, recorded 02/23/2000, in Doed Book 216, page 557. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-793 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NEW YORK COMMUNITY BANK, Plaintiff (s) From JERRY S. HARPER AND SALLY J. HARPER (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 gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $605,305.92 L.L. $.50 Interest from 8/21/07 to 12/05/07 (per diem - $99.50) - $10,547.00 and Costs Atty's Comm % Atty Paid $258.40 Plaintiff Paid Date: 8/24/07 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $3,009.55 / 1&? P- - " C is R. Long, Prothonotary By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 53 On September 7, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 480 Sample Bridge Road, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 7, 2007 By: -)* zrra(-,- Real Estate Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, 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 26, November 2 and November 9, 2007 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. r jLa Marie oyne, Ed for SWORN TO AND SUBSCRIBED before me this 9 day of November, 2007 C?.a Notary 7DDEBORAH OUNTY 2010 REAL ESTATE SALE NO. 53 Writ No. 2007-793 Civil New York Community Bank vs. Jerry S. Harper and Sally J. Harper Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and de- scribed as follows: BEGINNING at a point on the northern legal right-of-way line of Sample Bridge Road at the corner of Residual Lot No. 2-A (erroneously described as Lot No. 1 on prior deed) on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363.26 feet to a point at the southern line of Residual Lot No. 2-A on the hereinaf- ter described Final Subdivision Plan; THENCE along the southern line of said Residual Lot No. 2-A North 67 degrees 04 minutes 30 seconds East a distance of 185.00 feet to a point on the western line of land now or for- merly of Joey V. Sullenberger and De- nise C. Sullenberger; THENCE along said Sullenberger land, South 04 degrees 00 minutes 00 seconds East a distance of 385.00 feet to a point on the northern legal right of way line of Sample Bridge Road; THENCE along the northern legal right-of-way line of Sample Bridge Road South 73 degrees 40 minutes 00 seconds West a distance of 179.13 feet to a point at the comer of Residual Lot No. 2-A, the point and Race of BEGINNING. BEING comprised of Lot No. 3 as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 21, 1998, last revised Janu- ary 11, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 78, Page 39 and Residual Lot No. 2-B as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 20, 1999, last revised November 18, 1999, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 80, Page 81. BEING THE SAME PREMISES which Larry M. Nelson and Joan Nelson, husband and wife, by their deed dated March 1, 1999 recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 195, Page 490, and their deed dated February 15, 2000, intended to be recorded immediately prior to this deed, granted and conveyed unto Jerry S. Harper and Sally J. Harper, Grantors herein. PARCEL IDENTIFICATION NO.: 38-04-0367-085. Premises: 480 Sample Bridge Road, ENOLA, PA 17025, Silver Spring Township, Cumberland Coun- ty, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Jerry S. Harper and Sally J. Harper, husband and wife, by Deed from Jerry S. Harper and Sally .1. Hamer. husband and wife, dated The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE Jh(p&aA'A'aiot News Now you know 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant 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 date(s) indicated below. 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 This ad ran on the date(s) shown below: 10/24/07 10/31/07 » 11/07/07 Sworn to and >(ubsXribedXlifore me this 30 day of November, 2007 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Sea' James L Clalt, Nary Public City Of Ha?r burg, Dauphin County My Commww E)pres June 2,2W8 Member, Pennsylvania AasociaOOn of Notaries rAd wow C1kVWN Main Nt coww amt am* VS Jwy & hoops[ and tow J. Mope At* Dan" ALL 718at1f C MAN piece of parcel of land situate as Mwa Spring 1b p, CmbaW Com q, Cow of ACratsylvitsis, more p P beaada, and describeas follows: BFI at a point on the M&O legal righter-way be of Sande lW at 6he aniawal ??1iilsiiaraiy dam' l #Ir CIF t 'Mogan WOW a- r Win; TIffi9f.'E along the eawen line of said Residual Lot No. 2-A North 04 degrees mmutes 00 seconds West a 4st aace of 363.2ed to & point at the southern line of Residual Lot No. 2-A on the hereinafter dumbed Foal Subdivision Plan; THENCE along the southern line of said Residual. Lnt No. 2•A Not1h 61 degrees 04 minutes 30 seconds East a distance of 185.00 feet tp a point on the western fine of land now or formerly of Joey V. Salksbeger Devise C. Sullevbargcr; nIENCE along sa CMenberger land, South 04 dWees 00 mu ndes 00 seconds Fast a distance of 385:00 feet to a point on the northern legal right of way hne bf Sample Bridge Road; DENM along dw northern legal nght-of-way line of Sample Bridge Road South 73 degrees 40 minutes 00 seconds West a distance of 179.13 feet to a point at the corner of Residual Lot No 2-A, the point and Place of BEGINNING. BEING comprised of lot No. 3 as shown on the Final Subdivision Platt fm Lang M. Nelson, as prepared by Hartman and Ass saloc., dated October 21,1999, last revised 1a , f 11, 1999, recorded in the Office of the Recorder of Deeds of Ctit nWand County in Plo Back 78, Past 39 and Residual Lot No. 2-B as Mown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Assvgi , Inc., dated October 20, 1999, t0 revised November lg, 1999, recorded in the Cumberland County Recorder of Dada Office m He Boot 80, Page 81. BEING THE SAM PREMISES avbwb Larry M. Nelson and Joan New htasdnd and wife, by their deed dated Match 1, 1994 wounded in the Office of the Recorder of Deeds of Cumberland County in Deed B4195, pop 490, and their deed dated February 15, 2000, intended to be recorded immedimely prior to this deed, grouted and conveyed unto Jerry S. Harper{ and Sally LHarper, C rotors beeiv. PARCEL IDENTIFICATION NO.: 38040367- 085 Premises: 480 Sample Bride Road, 84OLk PA 17025 Silver Spring TMnship Cutnbertand county Pennsyly TITLE TO SAM P1tOMMS IS VESTED IN Jerry S. -Harper ad Sally J. Harper, husband aafd wife; hy,4eed from Jerry S. Harper and Sad J. Harper. busband and wife, dated 02116/3 k recorded 01123!2000, in Deed Book 216, patge 557, (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 NEW YORK COMMUNITY BANK Plaintiff, V. JERRY S. HARPER SALLY J. HARPER Defendant(s). No. 07-793 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/06/2007 (per diem -$102.93) Add'1 Costs TOTAL $626,185.01 $28,099.89 and Costs $7,066.04 $661,350.94 DANIEL G. SCHMIEG, E QUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that.a representative of the plaintiff is not present at the sale. 148490 M O a 0 c? U xN Uo z~ wa N ap Qz O~ z ww d? x ? wo a? U ?w z xa ?, ?A O W F W W W ? O 40. ?a OO U ?a pt o ?? a < w o .moo M? a x '-" W W 00 U n -l C7 cm, o 'pQhw?G,co o 09 re 01 h C C ??'p?t O p - a o -0 LIJ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA New York Community Bank Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jerry S. Harper No. 07-793-Civil Term Sally J. Harper Defendants ORDER AND NOW, the day of , 2007 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance Interest Through 12/05/07 Per Diem $112.71 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/Brokers Price Opinion Mortgage Ins. Premium/Private Mortgage Ins. NSF (Non-Sufficient Funds charge) $562,268.03 51,958.53 1,321.69 1,925.00 1,867.05 0.00 75.00 0.00 0.00 20.00 Suspense/Misc. Credits 0.00 Escrow Deficit 6,749.71 TOTAL $626,185.01 Plus interest from 12/05/07 -through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY CIE COU T J. Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com Jerry S. Harper Sally J. Harper 480 Sample Bridge Road Enola, PA 17025 Tel: (717)791-2791 Jerry S. Harper 426 South 3rd Street Apt. 202 Lemoyne, PA 17043 148490 E COW FROM Ems. T" W=W WmFes. i !" Wo!o my. hone P8. 4 00 00 of l* t A-1000. Ply- PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NEW YORK COMMUNITY BANK Plaintiff, V. JERRY S. HARPER SALLY J. HARPER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-793 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. _pa"L 011A, L?& DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff r NEW YORK COMMUNITY BANK V. Plaintiff, JERRY S. HARPER SALLY J. HARPER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-793 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) NEW YORK COMMUNITY BANK , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,480 SAMPLE BRIDGE ROAD, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JERRY S. HARPER 3617 N. PINE GROVE AVENUE, APT. 2 E- N CHICAGO, IL 60613 SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 US TREASURY DEPARTMENT, PITTSBURGH 1000 LIBERTY AVENUE OFFICE ROOM 808 PITTSBURGH, PA 15222-9974 PNC NATIONAL ASSOCIATION C/O DONNA M. DONAHER, ESQ. Unemployment Compensation Fund PNC NATIONAL ASSOCIATION 1500 ONE PPG PLACE PITTSBURGH, PA 15222-5401 16th Floor L&I Building Harrisburg, PA 17121 Fifth Avenue and Wood Street Pittsburgh, PA 15201 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ALL FIRST BANK 1123 N. GEORGE STREET YORK, PA 17404 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 480 SAMPLE BRIDGE ROAD MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 27, 2008 DATE - -Dr? C?9 1 L?& - DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff ? `? { l ; r, c.:? 1 ?° - 1 - 'TF r ? ,? !??? t _..? _... ?..?. 1 j._ ? ` 3 x ? w.?? Lr? .-w ""`.. p? ?.. ?1 I NEW YORK COMMUNITY BANK Plaintiff, V. JERRY S. HARPER SALLY J. HARPER CUMBERLAND COUNTY No. 07-793 CIVIL TERM Defendant(s). May 27, 2008 TO: JERRY S. HARPER SALLY J. HARPER 3617 N. PINE GROVE AVENUE, APT. 2 E-N 480 SAMPLE BRIDGE ROAD CHICAGO, IL 60613 ENOLA, PA 17025 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. * * Your house (real estate) at, 480 SAMPLE BRIDGE ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on September 3,2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $626,185.01 obtained by NEW YORK COMMUNITY BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1• The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000 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. 1- You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 r LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern legal right-of-way line of Sample Bridge Road at the corner of Residual Lot No. 2-A (erroneously described as Lot No. 1 on prior deed) on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363.26 feet to a point at the southern line of Residual Lot No. 2-A on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Residual Lot No. 2-A North 67 degrees 04 minutes 30 seconds East a distance of 185.00 feet to a point on the western line of land now or formerly of Joey V. Sullenberger and Denise C. Sullenberger; THENCE along said Sullenberger land, South 04 degrees 00 minutes 00 seconds East a distance of 385.00 feet to a point on the northern legal right of way line of Sample Bridge Road; THENCE along the northern legal right-of-way line of Sample Bridge Road South 73 degrees40 minutes 00 seconds West a distance of 179.13 feet to a point at the corner of Residual Lot No. 2-A, the point and Place of BEGINNING. BEING comprised of Lot No. 3 as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 21, 1998, last revised January 11, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 78, Page 39 and Residual Lot No. 2-13 as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 20, 1999, last revised November 18,1999, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 80, Page 81. TITLE TO SAID PREMISES IS VESTED IN Jerry S. Harper and Sally J. Harper, husband and wife, by Deed from Jerry S. Harper and Sally J. Harper, husband and wife, dated 02/16/2000, recorded 02/23/2000, in Deed Book 216, page 557. PREMISES BEING: 480 SAMPLE BRIDGE ROAD, MECHANICSBURG, PA 17055 PARCEL NO. 38-04-0367-085 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-793 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NEW YORK COMMUNITY BANK, Plaintiff (s) From JERRY S. HARPER AND SALLY J. HARPER (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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $626,185.01 L.L. Interest FROM 12/6/07 (OER DIEM - $102.93) - $28,099.89 AND COSTS Atty's Comm % Atty Paid $1,453.85 Plaintiff Paid Date: MAY 28, 2008 (Seal) Due Prothy $2.00 Other Costs ADD'L COSTS $7,066.04 CurtK R. Long, P notary By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 NEW YORK COMMUNITY BANK Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division VS. CUMBERLAND County JERRY S. HARPER SALLY J. HARPER No. 07-793 CIVIL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on February 9, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered on August 24, 2007 in the amount of $605,305.92. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 3, 2008. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through September 3, 2008 Per Diem $112.50 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $561,253.39 $72,171.82 $1,509.91 $2,350.00 $3,726.04 $1,059.83 $135.00 $380.00 $0.00 $20.00 ($0.00) $8,124.08 $650,730.07 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on July 1, 2008 and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Guido entered an order granting Plaintiff's Motion to Reassess Damages dated November 19, 2007. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: I A ? By: LLP Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 NEW YORK COMMUNITY BANK Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County JERRY S. HARPER No. 07-793 CIVIL TERM SALLY J. HARPER Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE JERRY S. HARPER and SALLY J. HARPER executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 480 SAMPLE BRIDGE ROAD, ENOLA, PA 17025. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaz4ply Trust Co. ofN.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment. reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266,270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fewer in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: 1 Mihmieg, LLP Michele M Bradford, Esquire Attorney for Plaintiff «A» -Exhibit O C -y? lT "n =1 ;Z r. rn -n [- -a r7 r i -0 r %...` .51 Y? -T-- Q C, 50 . ?m 0 Ci N) --s Cn PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 149490 NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY FREDRICK, MD 21703 Plaintiff V. JERRY S. HARPER SALLY J. HARPER ,480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 6'7 -- C7t ` CUMBERLAND COUNTY Defendants R CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ()? ?V4, We hereby certify the W C*rrect ithin to be a true and k# IQ O f the r'eCtH'd Fite 0: 149490 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 (SEE ATTACHED ESPANOL AVISO) File #: 148490 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT; PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 148490 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION .OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 148490 1. Plaintiff is NEW YORK CONMKINITY BANK 7495 NEW HORIZON WAY FREDRICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: JERRY S. HARPER SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/28/2000 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to ROSLYN NATIONAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1598, Page: 1018. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith File #: 148490 6. The following amounts are due on the mortgage: Principal Balance $562,268.03 Interest $17,877.96 09/01/2006 through 02/06/2007 (Per Diem $112.44) Attorney's Fees $1,250.00 Cumulative Late Charges $1,321.69 02/28/2000 to 02/06/2007 Cost of Suit and Title Search 550.00 Subtotal $583,267.68 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $583,267.68 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a'third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personal judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 149490 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $583,267.68, together with interest from 02/06/2007 at the rate of $112.44 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP -rac?,- By: /s/F cis S. a an LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 149490 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern legal right-of-way line of Sample Bridge Road at the corner of Residual Lot No. 2-A (erroneously described as Lot No. 1 on prior deed) on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363.26 feet to a point at the southern line of Residual Lot No. 2-A on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Residual Lot No. 2-A North 67 degrees 04 minutes 30 seconds East a distance of 185.00 feet to a point on the western line of land now or formerly of Joey V. Sullenberger and Denise C. Sullenberger; THENCE along said Sullenberger land, South 04 degrees 00 minutes 00 seconds East a distance of 385.00 feet to a point on the northern legal right of way line of Sample Bridge Road; THENCE along the northern legal right-of-way line of Sample Bridge Road South 73 degrees40 minutes 00 seconds West a distance of 179.13 feet to a point at the corner of Residual Lot No. 2-A, the point and Place of BEGINNING. BEING comprised of Lot No. 3 as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 21, 1998, last revised January 11, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 78, Page 39 and Residual Lot No. 2-B as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 20, 1999, last revised November 18, 1999, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 80, Page 81. File #: 148490 BEING THE SAME PREMISES which Larry M. Nelson and Joan Nelson, husband and wife, by their deed dated March 1, 1999 recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 195, Page 490, and their deed dated February 15, 2000, intended to be recorded immediately prior to this deed, granted and conveyed unto Jerry S. Harper and Sally J. Harper, Grantors herein. PROPERTY BEING: 480 SAMPLE BRIDGE ROAD File #: 148490 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: (: CO ' 6 t Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY FREDRICK, MD 21703 Plaintiff, V. A PORNEY FILE Copy PLEASE RETURfj CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL. DIVISION NO. 07-793 CIVIL TERM JERRY S. HARPER 3617 N. PINE GROVE AVENUE, APT. 2 E-N CHICAGO, IL 60613 AITORNEY FILE Copy SALLY J. HARPER 480 SAMPLE BRIDGE ROAD PLEASE RETURN ENOLA, PA 17025 Defendant(s). . PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JERRY S. HARPER and SALLY J. HARPER Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint ATTORNEY FI $583,267.68 Interest TOTALfrom 02/07/07 to 08/21/U7,? PLEASE REUR?!s 3os 92 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Ruf?237.1, copy attached. 1t A A ATTORNEY FILE COPY ,-0 V?? Attorney for Plaintiff G, ESQUIRE PLEASE RETURN r' DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ?. L ? O PROTHY 'J b C4 ATTORNEY FILE COPY 148490 PLEASE RETURN Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey July 1, 2008 JERRY S. HARPER SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 RE: NEW YORK COMMUNITY BANK vs. JERRY S. HARPER and SALLY J. HARPER Premises Address: 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 CUMBERLAND County CCP, No. 07-793 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by Monday, July 7, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. 1 o rs Mi ele M. radf d, squire For Phelan Hallinan & Schmieg, LLP Enclosure J °o v a W U V) .18 Q ?z a O 3 U QI N 0 g &a.@ 416. 0 o ? 64 SO Ls L 3aoo diz woad o3iivw ; •' v sooz Lo -inr o cos m7ooo o0z"ZO M zo ., v S3PA0Q k3KLW a ' d ' q ?? u 0 o ?+ m .? y j9am0d Sa. .4" U - E u ?w E f N y V ? . C N V H ; ° a• ro a a w 4 cl A o . w °'^• 79 N w O d 0 z N o 0 o o ? - W 0 x? C U.9A y N W O •d `? o u ? A ? 6' V O ° C N a d 4 = ? Q F? a o x ? ? a ? a ? x is 0 a°. w ?, a O ? Q N a a ? a w o d x x o w v; v? 0 n > W eq ? a , a x z °a .n N ? t} q rA x r x ow Qa Qa a u ice-' O N r'? ? ? t-° rl -- N M 00 6l N• 00 M 0 rn aQ, a a ? L C N ? h C ? L 67 z <c 7?- VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: a chmieg, LLP By: u ire h e . Bradfor , Esquire JicA Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 NEW YORK COMMUNITY BANK Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division VS. CUMBERLAND County JERRY S. HARPER SALLY J. HARPER No. 07-793 CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JERRY S. HARPER SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 DATE: I A D JERRY S. HARPER 426 SOUTH 3RD STREET, APT 202 LEMOYNE, PA 17043 Phelan Hallinan & Schmieg, LLP By: Michele ftM'Bradbr(r, E Attorney for Plaintiff C7 ?' -jj 1 4 l , 320 . gwramr/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NEW YORK COMMUNITY BANK Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County JERRY S. HARPER SALLY J. HARPER No. 07-793 CIVIL TERM Defendants ?w RULE AND NOW, this day of 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. A ? Q? '? Rule Returnable on the day of 2008, at ? in the Mvim Courtroom of the Cumberland County Courthouse, Carlir4BY 'y van UTRT J. 3 Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele bradford(a,fedphe.com .//JERRY S. HARPER SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 Cof " M'a-t ISCL 7/rv?o8 JERRY S. HARPER 426 SOUTH 3RD STREET APT 202 LEMOYNE, PA 17043 148490 'VINWklASN 3d i nOr' a no rI ! :S WV + l ` nr 9001 Rt3V1G' x4Oh O6d 3HI JO PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 NEW YORK COMMUNITY BANK Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County JERRY S. HARPER SALLY J. HARPER No. 07-793 CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of August 13, 2008 was sent to the following individual on the date indicated below. JERRY S. HARPER SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 DATE: b? JERRY S. HARPER 426 SOUTH 3RD STREET APT 202 LEMOYNE, PA 17043 1 1 ' Schmieg, LLP B: is ele . Bradfor , Esquire Attorney for Plaintiff t ' - - - `r- -'z F + r.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NEW YORK COMMUNITY BANK CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION JERRY S. HARPER SALLY J. HARPER NO. 07-793 CIVIL TERM Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 480 SAMPLE. RRInGF RC)An MF.CHANIC'SRiJRG, PA 17011. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. p s? DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff Date: July 29, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in h ahcenre of 9 r presentative of the plaintiff at the Sheriff c Sale The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 148490 A as 0 i _O O? a ^a a C, a o v? a CIO 0 a WW as 4 z0 a HI 11'dw £o t 61 aGoo CNZ vioad 03 o Nn r o toe "0oio sooz s cc 3 (D C3 c Q _ a r T co O u N s . a" O W CL •4 ° o w U (L a hdi ° o * 0) lL LL O w z O a m $ oA o ao ui Z _Lf) v t%) p d o L 8 v? ?? n Q O C) p o Q w ,Q 3 y „+ d M N h C h m w 2 0 c t? yp U +s .?? O h g i 4 -M M 0 -v a ° O = U a ' _ o c bc jr < o T- O W z oN C14 s '0W >'. (D ? z C) $ LL a H u ~ a ?" Z ? u °i ?l pq o A N a 1= w Z p ?i o o o ° O j- W O Q 'G t Q a) M W a Z a L4 O ° a F W 0- c°; A r4 , O 3 3 z Q a. 2 Q O Cl) ¢ Q N 0 N J a z a Q v U P 4 R1 O's =? 4, Q 3 c o`°o^ O V o ?-v a: n -iT Z o +' d i? Q z Ux? {3 N ° o ? W ?-7V RtVs o ? ? 444 ? o o v, N X o7 z z n V O p A ?/ //?? W ? U ? o ? E•a A ' m 04 L r T CO ¢ T a ? z v vn rn z ? UA x C o te Al N a CL a a p .a Z ao " a ^' N t+1 sh h ?D l? 00 O? .-. .N- M h z .1 .1 N C.. .^.-..? fD Ti C3 Q P L? Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 NEW YORK COMMUNITY BANK Plaintiff, V. Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION JERRY S. HARPER NO. 07-793-CIVIL TERM SALLY J. HARPER Defendant(s). AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to JERRY S. HARPER on MAY 28, 2008 at 480 SAMPLE BRIDGE ROAD, ENOLA, PA 17025, 426 SOUTH 23RD STREET, APT. 202, LEMOYNE, PA 17043 & 3617 NORTH PINE GROVE AVENUE, APT. 2 E-N, CHICAGO, IL 60613 in accordance with the Order of Court dated MAY 30, 2007. The property was posted on JULY 22, 2008. Publication was advertised in CUMBERLAND LAW JOURNAL on JUNE 27, 2008 & in THE SENTINEL on JULY 2, 2008. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. PH nliL. AN & SCHMIEG, LLP By: D H MIEG, ESQ Dated: July 30, 2008 MAY s 3 2000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA New York Community Bank Civil Division VS. No. 07-793-Civil Term Jerry S. Harper Sally J. Harper ORDER AND NOW, this 36 day of , 2007, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Jerry S. Harper, by: 1. Posting of the premises: 480 Sample Bridge Road, Enola, PA 17025. 2. First class mail to Jerry S. Harper at the last known addresses, 426 South 23rd Street, Apt. 202, Lemoyne, PA 17043 and 3617 N. Pine Grove Avenue, Apt. 2 E-N, Chicago, IL 60613, and the mortgaged premises located at 480 Sample Bridge Road, Enola, PA 17025; and 2 3. Certified mail to Jerry S. Harper and Sally J. Harper at the last known addresses,-426 South 23rd Street, Apt. 202, Lemoyne, PA 17043 and 3617 N. Pine Grove Avenue, Apt. 2 E-N, Chicago, IL 60613 and the mortgaged premises located at 480 Sample Bridge Road, Enola, PA 17025; and 4. Publication in accordance with PA. R.C.P. 430. T. J. Cc: Jerry S. Harper 480 Sample Bridge Road Enola, PA 17025 Jerry S. Harper 426 South 23rd Street, Apt. 202 Lemoyne, PA 17043 Jerry S. Harper 3617 N. Pine Grove Avenue, Apt. 2 E-N Chicago, IL 60613 3 7178 2417 6099 0006 2485 5/BSD JERRY S. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025-0000 --fold here (regular) -- fold here (60) --fold here (regular) ISPS - Track & Confirm Page 1 of 0 UAUTW S74TES POSTAL SERWEe Home I Helo I Sign In Track & Confirm FA Qs --- ........... Track Confirm Search Results Label/Receipt Number: 7178 2417 6099 0006 2485 Status: Electronic Shipping Info Received The U.S. Postal Service was electronically notified by the shipper on May 28, 2008 to expect your package for mailing. This does not indicate receipt by the USPS or the actual mailing date. Delivery status information will be provided if / when available. No further information is available for this item. Notification Options Return Receipt (Electronic) Verify who signed for your item by email. £, Goa .? Track & Confirm Enter Label/Receipt Number. Site May Contact Us Forms Gov't Services Jobs Privacy Policy Terms of Use National & Premier Accounts Copyright@ 1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA ttp: //trkcnfrm 1. smi.usps.com/PTSInternetWeb/InterLabelInquiry.do?strOrigTrackNum=717824176099000... 7/16/200 7178 2417 6099 0006 2515 5/BSD JERRY S. HARPER 426 SOUTH 23RD STREET APT. 202 LEMOYNE, PA 17043-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) ISPS - Track & Confirm Page 1 of MTAL EDS/A1'ES' SERWEt Home I Help I Sign In Track & Confirm FA Track & Confirm Search Results Label/Receipt Number: 7178 2417 6099 0006 2515 Detailed Results: • Delivered, June 04, 2008, 9:27 am, LEMOYNE, PA 17043 • Electronic Shipping Info Received, May 28, 2008 u `PS sty Nomtte ,'! < Bauck fil rntrra to Notification options Return Receipt (Electronic) Verify who signed for your item by email. (Go >, Track & Colt Enter Label/Receipt Number. Go > Site Ma Contact Us Forms Gov't Services Jobs Privacy Policv Terms of Use National & Premier Accounts Copyrighl©1999-2047 LISPS. All Rights Reserved. No FEAR Act EEO Data FOfA IV, ttp://trkenfrml.smi.usps.com/PTSIntemetWeb/InterLabelDetail.do 7/16/200 7178 2417 6099 0006 2539 5 / BSD JERRY S. HARPER 3617 N. PINE GROVE AVENUE APT. 2 E-N CHICAGO, IL 60613-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) Track Confirm Search Results Label/Receipt Number: 7178 2417 6099 0006 2539 Detailed Results: • Delivered, June 13, 2008, 11:06 am, PHILADELPHIA, PA 19103 • Arrival at Unit, June 10, 2008, 6:22 am, PHILADELPHIA, PA 19104 • Electronic Shipping Info Received, May 28, 2008 I < Back t; A to USPS cam Home > Notdication Options Return Receipt (Electronic) Verify who signed for your item by email. s (o Track & Confirm Enter Label/Receipt Number. Site Ma Contact Us Forms Gov't Services Jobs Privacy Policy Terms of Use National & Premier Accounts Copyright@ 1999-2007 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA ^ ttp://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabelDetail.do 7/16/200 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, 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 June 27, 2008 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. SWORN TO AND SUBSCRIBED before me this 27 day of June, 2008 Notary NOTARIAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTOAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 07-793 CIVIL TERM NEW YORK COMMUNITY BANK VS. JERRY S. HARPER SALLY J. HARPER NOTICE TO: JERRY S. HARPER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TAKE NOTICE that the real estate located at 480 SAMPLE BRIDGE ROAD, ENOLA, PA 17025 is sched- uled to be sold at Sheriffs Sale on Wednesday, SEPTEMBER 3 at 10:00 A.M., Cumberland County Court- house, South Hanover Street, Car- lisle, PA 17013, to enforce the court judgment of $626,185.01, obtained by NEW YORK COMMUNITY BANK (the mortgagee). ALL THAT CERTAIN piece or par- cel of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and de- scribed as follows: BEGINNING at a point on the northern legal right-of-way line of Sample Bridge Road at the corner of Residual Lot No. 2-A (erroneously described as Lot No. 1 on prior deed) on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363.26 feet to a point at the southern line of Residual Lot No. 2-A on the hereinaf- ter described Final Subdivision Plan; THENCE along the southern line of said Residual Lot No. 2-A North 67 degrees 04 minutes 30 seconds East a distance of 185.00 feet to a point on the western line of land now or formerly of Joey V. Sullenberger and Denise C. Sullenberger; THENCE along said Sullenberger land, South 04 degrees 00 minutes 00 seconds East a distance of 385.00 feet to a point on the northern legal right of way line of Sample Bridge Road; THENCE along the northern legal right-of-way line of Sample Bridge Road South 73 degrees 40 minutes 00 seconds West a distance of 179.13 feet to a point at the corner of Re- sidual Lot No. 2-A, the point and Place of BEGINNING. BEING comprised of Lot No. 3 as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 21, 1998, last revised Janu- ary 11, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 78, Page 39 and Residual Lot No. 2-B as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 20, 1999, last revised November 18, 1999, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 80, Page 81. BEING THE SAME PREMISES which Larry M. Nelson and Joan Nelson, husband and wife, by their deed dated March 1, 1999 recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 195, Page 490, and their deed dated February 15, 2000, intended to be recorded immediately prior to this deed, granted and conveyed unto Jerry S. Harper and Sally J. Harper, Grantors herein. TITLE TO SAID PREMISES IS VESTED IN Jerry S. Harper and Sally J. Harper, husband and wife, by Deed from Jerry S. Harper and Sally J. Harper, husband and wife, dated 9 CUMBERLAND LAW JOURNAL 02/16/2000, recorded 02/23/2000, in Deed Book 216, page 557. Being Premises 480 SAMPLE BRIDGE ROAD, ENOLA, PA 17025. Improvements consist of residen- tial property. Sold as the property of JERRY S. HARPER & SALLY J. HARPER. CONDITIONS OF SALE: THE HIGHEST AND BEST BIDDER SHALL BE THE BUYER. TAKE NOTICE that a Schedule of Distribution will be filed by the Sher- iff on OCTOBER 3, 2008, distribution will be made in accordance with the schedule unless exceptions are filed within ten days thereto. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Suite 1400 One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 June 27 10 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Tuly 2, 2008 COPY OF NOTICE OF PUBLICATION ' Affiant further deposes that he/she is not ' interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of ,? + Ps ?, P R i publication are true. Sworn to and subscribed before me this 2nd day of July, 2008. d' 12 J."n Notary P/abhc My commission expires: NOW AK am M A CANW Not=y P"C CAUGK CUTA1s6R AW COUNTY Won Junk 2009 ?o ti v, A w N •? C ? 00 J 01 Vl t .p W N "' r N z y? a '1' 41, D ? 00 - Fs' z c Q ? o cD cP y ? -0 -0 DZ -V C Dcn co C ''d d 'mod C? ° ? o v C C? Oro0 C? ?, C? CJ a O m s ?z Z C7 [ C'' p v,n ?y m On ? o z n?a p ? i Z PO 9 w C/? Vl cn z D 04 55 ° ND n)_I Nm n) D D C ? ? z V1X0 °N z mn a x x x p H 3 ? toc o 00 wo , En , w r0 ? r ` r ?zr y n , , z a z ? X v n OEM , rd > ? - r- - ?? ww() CwC ? yy b Or" z ?r A w r n D ? ti? CD 0 a ? ?i o°np r O cn J D ? -0 r- O N M -3 w 7C7 ? b v? z CA N 0 C.) > -y Z S 0 ?. P 0 > ? ?? ? J O d D -1 Q CD o? a m o (??7 taro CD N rn ° E (D a. CD? -2 [n y Y a o a =1 0 C p z ? m y w N a?' ? ; u4 a D O O o 0 r" a ° o, a 00 -n co z co "I C, '? ? ? yd ^J D G) 2 NO CT7 y , l? G _ A. ?' ? N Z e?D "'? r v C) ° ;o b b CL ti CD , 00, Ro O Z C) cn yN ap og? o D m co o v x t o a b a m -0 o .TI o 00 ? ? ? D 1 ° " ? a?. a. y r C O g ' qa x cn p y m v CD b' Q O - CA 0 A $0 "! Cn Z c N OD ?7 0 (D CD C) C) m ?p w , Z 0 -n p ??=o N y m „ m ?. ?. < y 3 Q R O r o ° 0 CD CD a ' D m 00 0 a 3 EA 'Q y A 00 C CD B f ° w ° N O CD a co (n C f ?. 'n n 0 G) C 0 a Q = , 0 p o' Ct1 H g T ^ U/ x pTNEVBON1E`' ? R C y 5 gamma O A4 $06 y o 02 1M JUN 05 2008 000421 801 0 19103 ZIP CODE M 8 w MAILED FRO G d o?z ?,ag C r A ay CN 0 CD g-?z x? CD CD o a, R° G. CD r o r o b CL CD a 0 W 00 tyn t? d 1 a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NEW YORK COMMUNITY BANK Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County JERRY S. HARPER No. 07-793 CIVIL TERM SALLY J. HARPER Defendants ,1 ORDER AND NOW, this 1-54 day of , 2008 the Prothonotary is ORDERED to 14 amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $561,253.39 Interest Through September 3, 2008 $72,171.82 Per Diem $112.50 Late Charges $1,509.91 Legal fees $2,350.00 Cost of Suit and Title $3,726.04 Sheriffs Sale Costs $1,059.83 Property Inspections/ Property Preservation $135.00 Appraisal/Brokers Price Opinion $380.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $20.00 Suspense/Misc. Credits Escrow Deficit TOTAL ($0.00) $8,124.08 $650,730.07 Plus interest from September 3, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. T T J. Ichele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford(f ddphe.com /RRY S. HARPER SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 TEL: 717-791-2791 6Y S. HARPER 426 SOUTH 3RD STREET, APT 202 LEMOYNE, PA 17043 148490 s i3`5{v ik:'ud ??- 30 AFFIDAVIT OF SERVICE PLAINTIFF NEW YORK COMMUNITY BANK DEFENDANT(S) JERRY S. HARPER SALLY J. HARPER "Please post premises with Notice of Sheriffs Sale per court order" 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 CUMBERLAND COUNTY No. 07-793 CIVIL TERM ACCT. #148490 Type of Action - Notice of Sheriffs Sale Sale Date: September 3, 2008 SERVED >` ?7 s . ?RP6R Served and made known to SAtL.)l T . t(-! g p" , Defendant, on the 31 ? day of O L , 2002 at o'clock # in., at JRrit XE Ufalb&F Tiye i-P , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relatonship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. -Other: PI?FAd_fAPS OSAP W ?TM 101141'oP Description: Age Height Weight Race Sex Other I, %hNA&a L. , a competent adult, being duly sworn according to law, depose and state that I personallrh d? a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn QNOW, e of N By. Pin E VICE AT LEAST 3 TIM ES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. PATRI? E. HARRIS NOT SERVED n rWn rW$" ExpiresDuna 16, 2013 On the day of , 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Is` Attempt: Time: 2ad Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200_. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 i g a?f Taw mr (71 -n ? ? s AFFIDAVIT OF SERVICE PLAINTIFF NEW YORK COMMUNITY BANK DEFENDANT(S) JERRY S. HARPER SALLY J. HARPER SERVE SALLY J. HARPER AT: 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 CUMBERLAND COUNTY No. 07-793 CIVIL TERM ACCT. #148490 Type of Action - Notice of Sheriffs Sale Sale Date: September 3,2008 SERVED Served and made known to Jgc ?y '• grwFR , Defendant, on the _ day of 4-064As7 ,200-S at o'clock_?.m., at 4go 5AMPIE $AtA&C Pl?#P , F/V04,q , Commonwealth of Pennsylvania, in the manner described below: ? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Nameand Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: ? Description: Age Height Weight r 10 Race W Sex 5Other I, /BCD A/lh,D ?i t0 t f- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of theNotice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. and subscribed -this ??IFOda ,200 L By: -FLI,ASE-ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE PATRICK E. HARM NOT SERVED 3rd Attempt: Time: Sworn to and subscribed before me this day of 200. Notary: ?M?y?ubtk ATTEMPTED. JKSW Commbsiori Explns June 16, 20'1 On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: Time: 2"d Attempt: Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 18 d3Y1?z r PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE ATTORNEY I.D. NO. 91656 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NEW YORK COMMUNITY BANK ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION VS. JERRY S. HARPER AND SALLY J. HARPER CUMBERLAND COUNTY No.: 07-793 CIVIL TERM EMERGENCY MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, PHELAN HALLINAN & SCHMIEG, LLP, petitions this Honorable Court for a postponement of its Sheriff s Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for November 5, 2008. 2. Plaintiff has agreed to enter into negotiations to place Defendant on a repayment plan, which would allow the defendant to cure the mortgage default. WHEREFORE, Plaintiff respectfully requests that the Sheriffs Sale of the mortgaged premises be continued to JANUARY 9, 2009. PHELAN HALLINAN & SCHMIEG, LLP JOS PHW. SCHALK, ESQUIRE ATTORNEY FOR PLAINTIFF PHELAN HALLINAN & SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE ATTORNEY I.D. NO. 91656 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NEW YORK COMMUNITY BANK vs. JERRY S. HARPER AND SALLY J. HARPER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 07-793 CIVIL TERM PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sheriff's Sale of real property by special Order of Court. In the case sub judicia, a Sheriff's Sale of the mortgaged premises has been scheduled for November 5, 2008. However, a postponement is required to enable the Plaintiff and Defendant to potentially negotiate a repayment plan to cure the outstanding arreages. Inasmuch as the postponement will inure to the benefit of the Defendant, Defendant will not be injured by the granting of the relief requested. Accordingly, Plaintiff respectfully requests a postponement of the Sheriffs Sale of the mortgaged premises to the January 9, 2009 sale. RESPECTFULLY SUBMITTED: PHELAN HALLINAN & SCHMIEG, LLP IOSAPH NSCHALK, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION JOSEPH P. SCHALK, ESQUIRE, hereby states that he is the attorney for the plaintiff in this action, that he is authorized to take this verification, and that the statements made in the foregoing Motion for Postponement of Sheriffs Sale are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. Date: October 30, 2008 1 OSE H SCHALK, ESQUIRE ATTORNEY FOR PLAINTIFF o PHELAN HALLINAN & SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE ATTORNEY I.D. NO. 91656 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1$14 (215) 563-7000 NEW YORK COMMUNITY BANK VS. JERRY S. HARPER AND SALLY J. HARPER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 07-793 CIVIL TERM CERTIFICATION OF SERVICE I, JOSEPH P. SCHALK, ESQUIRE, hereby certify that a copy of the Motion for Postponement of Sheriffs Sale has been sent to the individual indicated below on October 30, 2008. JERRY S. HARPER 3617 N. PINE GROVE AVENUE, APT. 2 E-N CHICAGO, IL 60613 SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 PHELAN HALLIN N & SCHMIEG, LLP JOS VH,. CHAL K, ESQUIRE ATT FOR PLAINTIFF ? ? F t,. r^ "t'1 ? ?? ?? +Ri+. 4.. t.+'?' y 4?' ` .:vk ? ?-;;? ".v f7 ,r IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA 148490 NEW YORK COMMUNITY BANK COUNTY COURT OF COMMON PLEAS V. CIVIL DIVISION JERRY S. HARPER SALLY J. HARPER N0.07-793 CIVIL TERM ' ORDER AND NOW, ? day of N'' ``J'?? 2008, after consideration of Plaintiffs Emergency Motion to postpone Sheriffs Sale of the mortgaged property, it is hereby ORDERED that the said sale is extended to the regularly scheduled County Sheriff s Sale dated JANUARY 9, 2009. No further advertising or- additional notice to lienholders or defendants is required. COUR J. cc: JERRY S. HARPER 3617 N. PINE GROVE AVENUE, APT. 2 E-N CHICAGO, IL 60613 SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 JOSEPH P. SCHALK, ESQUIRE PHELAN HALLINAN & SCHMIEG 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 TELEPHONE: 215-563-7000 XT 1366 FAX: 215-563-5534 EMAIL: joseph.Schalk@fedphe.com "-O?rOP 9--- r NEW YORK COMMUNITY BANK VS JERRY S. HARPER SALLY J. HARPER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 07-793 CIVIL TERM AMENDED ORDER OF COURT AND NOW, this 5th 'day of November, 2008, the Order of Court dated November 4, 2008, is hereby amended to reflect that the sale is extended to the regularly scheduled County Sheriff's Sale dated January 7, 2009. In all other respects, the previous order shall remain in full force By t Edward E. Guido, J. Jerry S. Harper 3617 N. Pine Grove Ave, Apt. 2'E-N Chicago, IL 60613 Sally J. Harper 480 Sample Bridge Road Enola, PA 17025 Joseph P. Schalk, Esquire Phelan Hallinan & Schmieg 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Sheriff - mlc 9 S ,6 14V S- ,SON 80 OZ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which New York Community Bank is the grantee the same having been sold to said grantee on the 7TH day of Jan A.D., 2009, under and by virtue of a writ Execution issued on the 28 day of May, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 793, at the suit of New York Community Bank against Jerry S & Sally J Harper is duly a©?5- recorded as Instrument Number o56 3 ' IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ,1;?, day of A.D. c>o A 4b-fi- - / d9- Ra=dw cf f3G.4g. U Y- artand county. carFsa, PA Recor r of Deeds my &;" Expkos If* Fv* Monday of Jan. 2010 r New York Community Bank VS Jerry S. Harper and Sally J. Harper In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-793 Civil Term Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2008 at 0800 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Sally J. Harper, by making known unto Sally Harper personally, at 480 Sample Bridge Road, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sale and Description in the above entitled action in the following manner: The Sheriff mailed by certified mail, return receipt requested a true and correct copy of the action to the within named defendant, to wit: Jerry S. Harper, at his last known address of 3617 N. Pine Grove Ave., Apt. 2 E-N, Chicago, IL 60613. The unopened letter was returned to the Sheriff s Office on June 7, 2008 marked "Unable to Forward." Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 22, 2008 at 1948 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Sally J. Harper and Jerry S. Harper located at 480 Sample Bridge Road, Enola, Cumberland County, 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 the within named defendant, to wit: Sally J. Harper by regular mail to her last known address of 480 Sample Bridge Road, Enola, PA 17025. This letter was mailed under the date of July 15, 2008 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 January 7, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of New York Community Bank s/b/m to Roslyn National Mortgage Corporation. It being the highest bid and best price received for the same, New York Community Bank s/b/m to Roslyn National Mortgage Corporation of 5495 New Horizon Way, Frederick, MD 21703, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,235.62. Sheriffs Costs: Docketing $30.00 Poundage 23.84 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Mileage 20.00 Levy 15.00 Surcharge 30.00 Certified Mail 5.71 Postpone Sale 60.00 Law Journal 443.00 Patriot News 425.93 F.. ?i .r -. .. ? ?!_' Share of Bills 17.64 Distribution of Proceeds 25.00 Sheriff s Deed 49.50 $ 1,235.62 So Answers: R. Thomas Kline, Sheriff BYY Real Estate Se eant c.k-11 tlP aP fU,,. ? d 1 -7 S/ NEW YORK COMMUNITY BANK V. V ,-Plaintiff, JERRY S. HARPER SALLY J. HARPER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 07-793 CIVIL TERM CIVIL DIVISION AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) NEW YORK COMMUNITY BANK , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,480 SAMPLE BRIDGE ROAD, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JERRY S. HARPER 3617 N. PINE GROVE AVENUE, APT. 2 E- N CHICAGO, IL 60613 SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 US TREASURY DEPARTMENT, PITTSBURGH 1000 LIBERTY AVENUE OFFICE ROOM 808 PITTSBURGH, PA 15222-9974 PNC NATIONAL ASSOCIATION C/O DONNA M. DONAHER, ESQ. Unemployment Compensation Fund PNC NATIONAL ASSOCIATION 1500 ONE PPG PLACE PITTSBURGH, PA 15222-5401 16th Floor L&I Building Harrisburg, PA 17121 Fifth Avenue and Wood Street Pittsburgh, PA 15201 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be ' reasonably ascertained, please indicate) ALL FIRST BANK 1123 N. GEORGE STREET YORK, PA 17404 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 480 SAMPLE BRIDGE ROAD MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 0 Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. May 27, 2008 DATE DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff NEW YORK COMMUNITY BANK Plaintiff, V. JERRY S. HARPER SALLY J. HARPER Defendant(s). CUMBERLAND COUNTY No. 07-793 CIVIL TERM May 27, 2008 TO: JERRY S. HARPER 3617 N. PINE GROVE AVENUE, APT. 2 E-N CHICAGO, IL 60613 SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. * * Your house (real estate) at, 480 SAMPLE BRIDGE ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on September 3,2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $626,185.01 obtained by NEW YORK COMMUNITY BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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. You may also be able to stop the sale through other legal proceedings. , LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern legal right-of-way line of Sample Bridge Road at the corner of Residual Lot No. 2-A (erroneously described as Lot No.1 on prior deed) on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363.26 feet to a point at the southern line of Residual Lot No. 2-A on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Residual Lot No. 2-A North 67 degrees 04 minutes 30 seconds East a distance of 185.00 feet to a point on the western line of land now or formerly of Joey V. Sullenberger and Denise C. Sullenberger; THENCE along said Sullenberger land, South 04 degrees 00 minutes 00 seconds East a distance of 385.00 feet to a point on the northern legal right of way line of Sample Bridge Road; THENCE along the northern legal right-of-way line of Sample Bridge Road South 73 degrees40 minutes 00 seconds West a distance of 179.13 feet to a point at the corner of Residual Lot No. 2-A, the point and Place of BEGINNING. BEING comprised of Lot No. 3 as shown on the Final Subdivision Plan for Lary M. Nelson, as prepared by Hartman and Associates, Inc., dated October 21, 1998, last revised January 11, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County In Plan Book 78, Page 39 and Residual Lot No. 2-B as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 20,1999, last revised November 18,1999, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 80, Page 81. TITLE TO SAID PREMISES IS VESTED IN Jerry S. Harper and Sally J. Harper, husband and wife, by Deed from Jerry S. Harper and Sally J. Harper, husband and wife, dated 02/16/2000, recorded 02/2312000, in Deed Book 216, page 557. PREMISES BEING: 480 SAMPLE BRIDGE ROAD, MECHANICSBURG, PA 17055 PARCEL NO. 38-04-0367-085 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALT,I OF PENNSYLVANIA) COUNTY OF CUMBERLAND) .- NO 07-793 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NEW YORK COMMUNITY BANK, Plaintiff (s) From JERRY S. HARPER AND SALLY J. HARPER (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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $626,185.01 L.L. Interest FROM 12/6/07 (OER DIEM - $102.93) - $28,099.89 AND COSTS Atty's Comm % Atty Paid $1,453.85 Plaintiff Paid Date: MAY 28, 2008 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Due Prothy $2.00 Other Costs ADD'L COSTS $7,066.04 C . Long, P otary By: Deputy Supreme Court ID No. 62205 Real Estate Sale #64 On May 29, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 480 Sample Bridge Rd., Mechanicsburg more fully described on Exhibit "A" filed with this writ and by this reference CVQ incorporated herein. Date: May 29, 2008- By: Real Es a Sergeant 01 :11 V b Z XVW 9001 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 18, July 25, and August 1, 2008 Affrant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L' Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this 1 day of Au ,gust, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 raA& lwr'*M SMA 00. 64 Writ No. 2007-793 Civil New York Community Bank VS. Jerry S. Harper and Sally J. Harper Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and de- scribed as follows: BEGINNING at a point on the northern legal right-of-way line of Sample Bridge Road at the corner of Residual Lot No. 2-A (erroneously described as Lot No. 1 on prior deed) on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363.26 feet to a point at the southern line of Residual Lot No. 2-A on the hereinaf- ter described Final Subdivision Plan; THENCE along the southern line of said Residual Lot No. 2-A North 67 degrees 04 minutes 30 seconds East a distance of 185.00 feet to a point on the western line of land now or formerly of Joey V. Sullenberger and Denise C. Sullenberger; THENCE along said Sullenberger land, South 04 degrees 00 minutes 00 seconds East a distance of 385.00 feet to a point on the northern legal right of way line of Sample Bridge Road; THENCE along the northern legal right-of-way line of Sample Bridge Road South 73 degrees 40 minutes 00 seconds West a distance of 179.13 feet to a point at the corner of Re- sidual Lot No. 2-A, the point and place of BEGINNTNG_ k3EING comprised of Lot No. 3 as shown on the Final Subdivision Plan for Larry M. Nan, as prepared by Hartman and Associates, Inc., dated October 21, 1996, last revised Janu- ary 11, 1999, recorded in the Office of the Recorder of Desds of Cumberland County in Plan Book 78, Page 39 and Residual Lot No. 2-B as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 20, 1999, last revised November 18, 1999, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 80, Page 81. TITLE TO SAID PREMISES IS VESTED IN Jerry S. Harper and Sally J. Harper, husband and wife, by Deed from Jerry S. Harper and Sally J. Harper, husband and wife, dated 02/16/2000, recorded 02/23/2000, in Deed Book 216, page 557. PREMISES BEING: 480 SAMPLE BRIDGE ROAD, MECHANICSBURG, PA 17055. PARCEL NO. 38-04-0367-085. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 NOW you know Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE 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 Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 07/23/08 07/30/08 08/06/08 August, 2008 A.D. Notary Public COMMONWEAL PENNSYLVANIA Notarial Seal--- Shwrie L. Kisner, Notary Public City Of Hamebur9; Dauphin Courtly Member, Pennsylvania VI M? 26f Mot1ariea Rea! Estate Sate No. 64 Writ No. t-799 Gfvil1WM Now York Cc? Vanity Bank VS Jon S. Harper and Sally J. Harper Atkwney Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern legal right-of-way line of Sample Bridge Road at the corner of Residual Lot No. 2-A (erroneously described as Lot No.1 on prior deed) on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363.26 feet to a point at the soudurn line of Residual Lot No. 2-A on the hereinafter described Final SutactivWw Platt; THENCE along the "Am floe of said Residual Lot No. 2-A North 67 degrees 04 minutes 30 seconds Fast a distance of 185.00 feet to a point on the western line of land now or formerly of Jay V. Sullenberger and Denise C. Suffenberger, THENCE along said Sulfenberger land, South 04 dues 00 minutes 00 seconds East a distance of 385.00 feet to a point on the northern legal right of way be of Sample Bridge Road; THENCE along the northern legal right-of-way fine of Sample Bridge Road South 73 degrees 40 minutes 00 seconds West a distance of 179.13 feet to a point at the corner of Residual Lot No ,A, the point and Place of BEGINNING. BEING comprised of Lot No. 3 as shown on the Final Sub&v7tsoon Plan for Larry M. Nelson, as prepared by Hartman and Assuc%*s, lac., dated October 21,1998, last revised Jabetty 11, 1999, recorded is the Office of the Recorder of Heeds of Cumberland County in Plan Book 78, Page 39 and Residual Lot No. 2-B as sboum on the Final Subdivision Plan for Zany M. Nelson, as prepatW by Hartman and Associates, Inc., dated October 20, 1499, last revised November 18, 1999, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 80; Page 81. T 11U TO SAID PREMISES IS VM1W IN Jerry S. Harper and Sally 1. Harper, husband and wife, by !Teed from Jerry S. Harper and Sally J. Harper, husbad and wife, dated 02116/2000, recorded 02123rM, in Deed Boot 216, page 557. PREMISES BEING: 480 SAMPLE BRWE Rt6AD, MECHANICSBURG, PA 17055 PARCEL NO.384* 36705 PHELAN HALLINAN AND SCHMIEG, LLP By: Sheetal R. Shah-Jani, Esquire Atty. I.D. No. 81760 By: Joseph P. Schalk, Esquire Atty. I.D. No. 91656 126 Locust Street Harrisburg, PA 17101 Phone (215) 563-7000 x 7365 Fax (717) 234-1959 Attorneys for Plaintiff NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY FREDRICK, MD 21703 Plaintiff v JERRY S. HARPER SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 Defendants Court of Common Pleas Civil Division No. 07-793 Cumberland County Assigned Judge: Edward E. Guido PETITION TO SET ASIDE SHERIFF'S SALE AND STRIKE SHERIFF'S DEED Plaintiff, New York Community Bank, by its attorneys, Phelan Hallinan & Schmieg, LLP, respectfully requests that this Honorable Court enter an Order setting aside the January 7, 2009 Sheriff's sale of the property located at 480 Sample Bridge Road, Enola, PA 17025 and striking the Sheriff's deed recorded in the Office of the Recorder of Cumberland County on February 27, 2009, in Instrument Number 200905635 and in support thereof avers as follows: 148490 An in rem judgment was entered in favor of Plaintiff in the above-referenced mortgage foreclosure action on August 24, 2007. 2. Pursuant to a Writ of Execution issued on or about May 27, 2008 to enforce the judgment, the mortgaged premises was sold to Plaintiff at the Cumberland County Sheriff's Sale held on January 7, 2009. Thereafter, the Sheriff of Cumberland County executed a deed to New York Community Bank, s/b/m to Roslyn National Mortgage Corporation, which was recorded in the Office of the Recorder of Deeds of Cumberland County on February 27, 2009 in Instrument Number 200905635. A true and correct copy of the deed is hereto attached as Exhibit A. 4. Plaintiff filed its Ejection Complaint at Cumberland County Docket Number 09-1427 after the Sheriff's Deed was recorded. A true and correct copy of the Complaint is hereto attached as Exhibit B. 5. Defendant, Sally Harper, filed an Answer to Plaintiff's Complaint in Ejectment. A true and correct copy of the Answer is hereto attached as Exhibit C. 6. Plaintiff filed a Motion for Summary Judgment in the Ejectment Action, which was denied by Court Order dated October 19, 2009. 7. On October 27, 2009, Plaintiff requested Plaintiff's Counsel rescind the January 7, 2009 Sheriff Sale, in light of this Honorable Court's ruling in the Ejectment Action 8. Plaintiff will afford the Defendant another opportunity to be considered for Loss Mitigation. 9. Equity mandates that the sale be set aside and title re-vested in Defendant so she may work amicably with Plaintiff to cure the arrears on her mortgage loan. 10. As the instant Petition is for the benefit of the Defendants, Plaintiff avers that its Petition be considered uncontested. 11. In accordance with Cumberland County Local Rule, Plaintiff sent a copy of its proposed Petition to Set Aside Sheriff Sale and Strike Sheriff's Deed to the Defendant on November 10, 2009 and requested concurrence. To date, Plaintiff has received no response from either recipient. Attached hereto, made a part hereof, and marked as Plaintiff's Exhibit D is a true and correct copy of Plaintiff's letter to the Defendants. 148490 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside the January 7, 2009 Sheriff's sale and directing the Office of the Recorder of Deeds of Cumberland County to strike the Sheriff's deed recorded on February 27, 2009, in Instrument Number 200905635. PHELAN, HALLINAN & SCHMIEG, LLP R. Shah-Jani, Esquire P. Schalk, Esquire vs for Plaintiff 148490 PHELAN HALLINAN AND SCHMIEG, LLP By: Sheetal R. Shah-Jani, Esquire Atty. I.D. No. 81760 By: Joseph P. Schalk, Esquire Atty. I.D. No. 91656 126 Locust Street Harrisburg, PA 17101 Phone (215) 563-7000 x 7365 Fax (717) 234-1959 Attorneys for Plaintiff NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY FREDRICK, MD 21703 Plaintiff V. JERRY S. HARPER SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 Defendants Court of Common Pleas Civil Division No. 07-793 Cumberland County Assigned Judge: Edward E. Guido BRIEF IN SUPPORT OF PLAINTIFF'S PETITION TO SET ASIDE SHERIFF'S SALE AND STRIKE SHERIFF'S DEED An in rem judgment was entered in favor of Plaintiff in the above-referenced mortgage foreclosure action on August 24, 2007. Pursuant to a Writ of Execution issued on or about May 27, 2008 to enforce the judgment, the mortgaged premises was sold to Plaintiff at the Cumberland County Sheriff's Sale held on January 7, 2009. Thereafter, the Sheriff of Cumberland County executed a deed to New York Community Bank, s/b/m to Roslyn National Mortgage Corporation, which was recorded in the Office of the Recorder of Deeds of Cumberland County on February 27, 2009 in Instrument Number 200905635. 148490 Plaintiff filed its Ejection Complaint at Cumberland County Docket Number 09-1427 after recording the Sheriff's Deed in its favor. Defendant filed an Answer to the Complaint in Ejectment. Plaintiff filed a Motion for Summary Judgment in the Ejectment Action which was denied by Court Order dated October 19, 2009. On October 27, 2009, Plaintiff requested Plaintiff's Counsel rescind the January 7, 2009 Sheriff Sale, in light of this Honorable Court ruling in the Ejectment Action. Plaintiff will afford the Defendant another chance at Loss Mitigation. Equity mandates that the sale be set aside and title re-vested in Defendant so she may work amicably with Plaintiff to cure the arrears on her mortgage loan. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside the January 7, 2009 Sheriff's sale and directing the Office of the Recorder of Deeds of Cumberland County to strike the Sheriff's deed recorded on February 27, 2009, in Instrument Number 200905635. PHELAN, HALLINAN & SCHMIEG, LLP R. Shah-Jani, Esquire P. Schalk, Esquire vs for Plaintiff 148490 EXHIBIT A C.. Know all Men by these Presents Tax Parcel No. 38-04-0367-085 :f-1#11196 11111 11H OBGJ That I, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $1.00, (One Dollar), to me in hand paid, do hereby grant and convey to New York Community Bank s/b/m to Roslyn National Mortgage Corporation LEGAL DESCRIPTION Real Estate Sale No. 64 Writ No. 2007-793 Civil Term New York Community Bank VS Jerry S. Harper and Sally J. Harper Attorney Daniel Schmieg ,?d SQm???P ?3r ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern legal right-of-way line of Sample Bridge Road at the corner of Residual Lot No. 2-A (erroneously described as Lot No. I on prior deed) on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363.26 feet to a point at the southern line of Residual Lot No. 2-A on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Residual Lot No. 2-A North 67 degrees 04 minutes 30 seconds East a distance of 185.00 feet to a point on the western line of land now or formerly of Joey V. Sullenberger and Denise C. Sullenberger; THENCE along said Sullenberger land, South 04 degrees 00 minutes 00 seconds East a distance of 385.00 feet to a point on the northern legal right of way line of Sample Bridge Road; THENCE along the northern legal right-of-way line of Sample Bridge Road South 73 degrees40 minutes 00 seconds West a distance of 179.13 feet to a point at the comer of Residual Lot No.2-A, the point and Place of BEGINNING. BEING comprised of Lot No. 3 as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 21, 1998, last revised January 11, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 78, Page 39 and Residual Lot No. 2-B as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 20, 1999, last revised November 18, 1999, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 80, Page 81. TITLE TO SAID PREMISES IS VESTED IN Jerry S. Harper and Sally J. Harper, husband and wife, by Deed from Jerry S. Harper and Sally J. Harper, husband and wife, dated 02/16/2000, recorded 02/23/2000, in Deed Book 216, page 557. PREMISES BEING: 480 SAMPLE BRIDGE ROAD, MECHANICSBURG, PA 17055 PARCEL NO. 38-04-0367-085 The same having been sold by me to the said grantee on the 7th day of January Anno Domini Two Thousand and Nine (2009) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 28th day of May Anno Domini 2008 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Seven (2007)Number 793 at the suit of New York Community Bank against Jerry S. Harper and Sally J. Harper. In Witness Wereof, I have hereunto affixed my signature this 23rd day of February Anno Domini Two Thousand and Nine (2009) Thomas Kline; Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Curtis R. Long, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 23rd day of Feb. Anno Domini Two Thousand and Nine (2009) PRMONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 I hereby certify_that the residence And Post Office address of the Within Grantee is 7495 New Horizon Way Frederick, MD 21703 Solicitor , ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200905635 Recorded On 2/27/2009 At 1:52:3 1 PM * Instrument Type - DEED-SHERIFF'S Invoice Number - 38116 User ID - KW * Grantor - HARPER, JERRY S '*-Grantee- NEW YORK COMMUNITY BANK * Customer - SHERIFF * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CUMBERLAND VALLEY SCHOOL $0.00 DISTRICT SILVER SPRING TOWNSHIP $0.00 TOTAL PAID $49.50 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA f -u., 0 RECORDER O D DS ttao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. AiuiOiiiAauiiiiu EXHIBIT B Phelan, Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center A Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 New York Community Bank s/b/m to Roslyn National Mortgage Corporation 7495 New Horizon Way Fredrick, MD 21703 Jerry S. Harper or occupants 480 Sample Bridge Road Enola, PA 17025 c-) ?v C ° O . »9 Attorney for Plaintiff Cn t -t3 Court of Common Pleas =< ..< Civil Division Cumberland County Term e1 Vl' No. ® j - Al9 1 CIVIL ACTION - EJECTMENT '11iis firm is a debt collector attempting to collect a debt and any information obtained will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property.'* 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 (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 and other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. PHS #: 196753 CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOC 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (888)-990-9108 IATION iv E l t i,s??fyl (31 Li _Jalnal tiled of recorril . 1. Plaintiff is New York Community Bank s/b/m to Roslyn National Mortgage Corporation. 2. Defendant is Jerry S. Harper or occupants. 3. Plaintiff is the record owner of premises located at 480 Sample Bridge Road Enola, PA 17025, a legal description of which is attached. 4. Plaintiff became the owner of said premises as a result of the foreclosure and judicial sale by the Sheriff of Cumberland County, on January 7, 2009, as evidenced by the Sheriffs deed recorded February 27, 2009 in the Office of the Recorder of Cumberland County in instrument# 200905635. 5. Plaintiff, by virtue of the above, is the record owner of said premises, and is entitled to possession thereof. The defendant is occupying the said premises without right and so far as the plaintiff is informed, without claim of title. 6. Plaintiff has demanded possession of the said premises from the said defendant who has refused to deliver up possession of same. WHEREFORE, plaintiff seeks to recover possession of said premises. s,?G F ancis S. Hallinan, Esquire Attorney for Plaintiff ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern legal right-of-way line of Sample Bridge Road at the corner of Residual Lot No. 2-A (erroneously described as Lot No. 1 on prior deed) on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363.26 feet to a point at the southern line of Residual Lot No. 2-A on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Residual Lot No. 2-A North 67 degrees 04 minutes 30 seconds East a distance of 185.00 feet to a point on the western line of land now or formerly of Joey V. Sullenberger and Denise C. Sullenberger; THENCE along said Sullenberger land, South 04 degrees 00 minutes 00 seconds East a distance of 385.00 feet to a point on the northern legal right of way line of Sample Bridge Road; THENCE along the northern legal right-of-way line of Sample Bridge Road South 73 degrees40 minutes 00 seconds West a distance of 179.13 feet to a point at the corner of Residual Lot No. 2-A, the point and Place of BEGINNING. BEING comprised of Lot No. 3 as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 21, 1998, last revised January 11, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 78, Page 39 and Residual Lot No. 2-B as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 20, 1999, last revised November 18, 1999, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 80, Page 81. BEING THE SAME PREMISES which Larry M. Nelson and Joan Nelson, husband and wife, by their deed dated March 1, 1999 recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 195, Page 490, and their deed dated February 15, 2000, intended to be recorded immediately prior to this deed, granted and conveyed unto Jerry S. Harper and Sally J. Harper, Grantors herein. Premises: 480 Sample Bridge Road VERIFICATION Francis S. Hallinan hereby states that he is the attorney for the Plaintiff in this eviction action and is authorized to make this verification. The statements made in the foregoing Civil Action - Ejectment are correct to the best of my knowledge, information, and belief. I was the attorney for the Plaintiff or Plaintiffs predecessor in interest in the underlying foreclosure action. I am with the law firm on the writ of execution, and my law firm or an agent of my firm purchased the property on behalf of the Plaintiff by bidding on the property at the sheriffs sale. I am making this verification rather than a representative of the Plaintiff because I have personal knowledge of the purchase of this property at sheriffs sale. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. !???--- ?- sue/ Date "Francis S. Hallinan, Esquire Attorney for Plaintiff EXHIBIT C Sally J. Harper Jerry S. Harper 480 Sample Bridge Road Enola PA 17025 TO: Phelan, Hallinan & Schmieg, LLP Attn: Francis S. Hallihan, Esquire ID No. 62695 One Penn Center A Suburban Station Suite 1400 Philadelphia, PA 19103 RE: New York Community Bank National Mortgage Corporation 7495 New Horizon Way Fredrick, MD 21703 V. Jerry S. Harper Sally J. Harper 480 Sample Bridge Road Enola PA 17025 Defendant pNst? 198 Attorney for Plaintiff Court of Common Pleas - =' Civil Division Cumberland County, Term: Civil No 09-1427 OBJECTION TO CIVIL, ACTION - EJECTMENT 1. Plaintiff is New York Community Bank s/b/m to Roslyn National Mortgage Corporation. 2. Defendant is Sally J. Harper (and Jerry S. Harper as named above) 3. Defendant objects to the Civil Action - Ejectment received/served by Cumberland County Sheriff and signed by the Cumberland County Office of Prothonotary on March 9, 2009. 4. Reasons for Objection are outlined in the attached document in the form of a letter/statement to Cumberland County Court. WHEREFORE, defendant seeks to rescind the sale of said premises. Sally J. Harper, Defendant/Occupant of premises Sally J: Harper 480 Sample Bridge Road Enola, PA 17025 Court of Common Pleas Civil Division Cumberland County Courthouse Carlisle PA 17013 HAND DELIVERED TO COURTHOUSE SENT VIA US MAIL TO PLAINTIFF ATTORNEY Your Honor, Please note that this is being prepared without the assistance of an attorney. I apologize if the format in which I am responding to the Civil Action - Ejectment is incorrect in any way. Please allow me to present some information to the court which I believe will compel the court to rescind the sale of my home through foreclosure action/sheriff's sale. I have lived at 480 Sample Bridge Road since approximately March of 1999. On January 7, 2009, my residence was sold through Sheriff's sale and was purchased back by the mortgage company to whom I paid my mortgage payments, at a price of approximately $1,100. The original Sheriff's Sale date was scheduled for September of 2008. Prior to September of 2008, I was working with the Plaintiff's Loan Modification Department to work out a loan modification to avoid the impending foreclosure action. This put off the date of the Sheriff's sale first to December, and then to January of 2009. Unfortunately, although the proper information had been sent to the Plaintiff, the loan modification was rejected and I received a letter from the Plaintiff informing me that it had been rejected due to my income being "less than the monthly mortgage payment". This was incorrect and did not correspond to the financial information that I had provided to the Plaintiff. I telephoned the Plaintiff's Loan Modification Department, who was able to pull up my financial information and confirm that they had in fact received the correct financial information, but that an error had occurred that had caused the rejection. I was told that although it was rejected in error, because it is already closed, I would have to begin the entire process of the Loan Modification once again. Although discouraged and upset, I did once again submit all updated financials to the Plaintiff's Loan Modification Department. Please note that this information had to be faxed and sent repeatedly because it was misrouted/misplaced many, many times on their end. I do have phone records of the long distance fax to show the many times that I submitted the same paperwork again and again. Some time went by and I did not hear anything from the Plaintiff or Plaintiff's Attorney, but I did receive a letter in the mail from Plaintiff informing me that because there was serious talk of impending legislation, my foreclosure and loan modification were in a holding pattern, awaiting to see what the legislation may bring that would benefit my situation regarding the foreclosure and/or loan modification. I was told that I did qualify for a possible resolution based upon the information provided. Because the impending legislation did not assist homeowners, the loan modification process and foreclosure process did continue. Close to Christmas, approximately December 26`h, I spoke directly by phone to the Loan Modification Department of the Plaintiff, who informed me that on approximately December 17, 2008, the negotiator for the Plaintiff was in talks with the lender who would be assisting with the loan modification. Because no legislation had been passed, I was told that the lender "would not budge" on my 7.75% interest rate at all, and that the best compromise he would offer was an increase of approximately $500 per month on my mortgage payment each months, AND they would also need a lump sump payment of (I believe) $17,000.00. Please note that this was never presented to me after the negotiations between the lender and the negotiator until I had called to find out the status. I was told at that time that the loan modification process was again closed due to the above outcome of the negotiations. I did not, and still do not understand why the offer was not presented to me because I would have agreed to the terms in order to save my home (I have three children also living in the home). The gentleman I spoke with told me he was unsure why that offer was not conveyed to me, and he suggested that I again resubmit my information to see if some of the new legislation still coming through may make a difference in the outcome of negotiations. THE FOLLOWING IS THE SUMMARIZATION OF EVENTS WHICH I FEEL THE PLAINTIFF AND PLAINTIFF'S ATTORNEY MISREPRESENTED THE FACTS TO ME, POSSIBLY PERPETRATING FRAUD WHICH ENDED IN MY HOME BEING SOLD TO FORECLOSURE. I provided the above facts to the Court to show a history of constant communication on my part with the Plaintiff's Loan Modification Department. The Plaintiff had already conveyed that because my financial situation that precluded the foreclosure action was a temporary situation, and one in which I could bounce back to making my payments each month and remain in my home. In December of 2008, I received notice from Plaintiff that there was a Sheriff's Sale scheduled for my property on January SP, 2009. Several days later, I received another notice from the Plaintiff that the Sheriff's sale would be held on January 7`11, 2009. When I spoke to the Loan Modification Department of Plaintiff's company at Christmastime, I quickly resubmitted my paperwork, and the gentleman who provided the guidance on faxing my information once again confirmed with me that the sale was scheduled for January 91h, but that we had "plenty" of time to resubmit a Loan Modification, or to discuss possible "short sale", or "deed in lieu of foreclosure". He bxplained what each of those meant, but informed me that I could not consider either the "short sale" or the "deed in lieu of foreclosure" at the same time that I am in the Loan Modification process. Believing that I definitely would qualify for a loan modification - even if it meant accepting the offer that came out of the last negotiation, in order to remain in my home. My documents were again faxed to the Loan Modification Department. I also spoke to them to confirm the receipt of the documents. They were received, and they asked me to provide a few additional documents, which I was able to do. I was told that if they were in the midst of negotiating the modification, the sale would be again continued to the next sheriff sale date. I spoke to Loan Modification on January 5th and January Oh, awaiting a decision or at least confirmation that the sale had been postponed. Each time I spoke to anyone from Loan Modification, I would again question them because I had received two notices - one stating the date of sale was January 7?', and one that said the date was set for the 9'h. I CONFIRMED THE DATE TO BE THE 9TH BY PLAINTIFF'S REPRESENTATIVES IN THE LOAN MODIFICATION DEPARTMENT, AS WELL AS FROM THE PLAINTIFF'S ATTORNEY. The record stated it was definitely scheduled for JANUARY 9, 2009. I anxiously waited word from the Loan Modification Department. They kept telling me that we still had several days to have it continued, whether it be through a successfully completed Loan Modification, or an alternative route such as the Short Sale or Deed in Lieu of Foreclosure. I had also spoken to my personal attorney who offered Bankruptcy as a resolution in this matter also if it came down to that -- and I was informed that Pennsylvania laws provided me that option up to ONE HOUR PRIOR TO THE SCHEDULED SALE. On the morning of January 7, 2009, I called my local courthouse at 9:00 AM just to be certain that my home was not in fact on the docket for that day. To my horror, I was told by the Sheriff's office that yes indeed, my home was going up for sale at 10:00 AM. I IMMEDIATELY called my mortgage company (Plaintiff) and was told that the court house was WRONG and that there was no sale scheduled. Not satisfied with that answer, I asked if there was someone else I could speak to so that I could let them know what was going on. I was told that I needed to contact the Plaintiff's Attorney's office because they were handling the matter. They also acknowledged that the Loan Modification was still underway and that we still had several days. The Plaintiff's Attorney's office looked up the foreclosure information for my property and I was assured that the sale was not scheduled for January 7u'. I told them that I had spoken to the Cumberland County Court House and they again repeated that the home was not up for sale. I asked "What should I do? The court house thinks they are supposed to sell it?" I was told that, "Ma'am, you need to do nothing. You were told by the mortgage company that your home is not being sold today. You were told by us that the mortgage company's attorney is not selling your home today. We would have to have someone there in order for the sale to occur, and we do not." I called back to the court house and told them what I had been told. The woman told me that she had received nothing in writing from the mortgage company or their attorney, and without something in writing, the sale would proceed. I FRANTICALLY called back to the attorney's office and the mortgage company. They kept repeating to me that the date was NOT January 7"', and they became upset with me because I would not accept the fact that the court house was still telling me they were selling my home. I had no way of ever knowing that the sale was going to occur because the only information available was through the mortgage company and/or their attorney and both were assuring me that the sale was not going to happen. THE SALE HAPPENED.' My home was sold back to my mortgage company on the morning of January 7, 2009 at 10:00 AM. It was sold for the amount of $1,100. I was DEVASTATED. I found out that it had happened by the Plaintiff's Attorney's office because I called them at about 10:30 AM, still trying to work out a Loan Modification before January 9th, 2009, when the gentleman told me that the home did indeed sell. After several hours, when I had collected myself enough to be able to speak, I contacted Plaintiff's Attorney to find out what had happened, how it had happened, and what they were going to do about it. I spoke to Phil Graham, Esquire. He told me that he went through the computer system and he had located where the error had occurred and he called it a "Clerical Error" on their part. Apparently the incorrect date of January 9`t' had initially been given, but then changed to the January 7th. However, the information HAD NEVER BEEN UPDATED IN THE COMPUTER SYSTEM and that was why no one was able to see the corrected daze of sale. No one would have been able to confirm the earlier sale date - not the mortgage company, not the plaintiff's attorney, not the Cumberland County Courthouse because they had it wrong in their system, they provided the wrong date to me, and they themselves were working with the date of January 9th also. I was further told by Attorney Graham that it was a fluke that they had their "bidding team" present at Cumberland County Court House for another home that was selling for another client mortgage company and when they saw my property come up unexpectedly, they just went ahead and bid on it. He stated that they were also confused and did not expect it to come up for sale that day. Attorney Graham, representative of Plaintiff's Attorney, told me that it is quite simple to rescind the sale, especially because the home did not go to a third party. He said that because of the error, he felt that is what would occur and that he personally would make a phone call to his point of contact at the mortgage company and then get back to me. I waited several days for a follow-up from Attorney Graham, however, he did not call back. I called him and left him at least ten phone messages. I finally was able to reach someone who worked directly with Phil, and he informed me that he could pull up the notes that Phil had made, and that he could see that Phil was still awaiting a return call from his point of contact at the mortgage company. He said he would talk to Phil and call me back. In the meantime, I spoke with the mortgage company directly, who informed me that according to the notes on the computer, it was decided that they were "going to let the sale stand". I called Phil's office again and they confirmed this and told me that I needed to get an attorney if I wanted to change the outcome of this horrible event. Your Honor, not only was my loan modification process stopped abruptly due to the sale of the property, I was lied to regarding the date. I don't know or pretend to accuse the mortgage company of doing this on purpose - but they now own my home and are forcing me out without discussing any loan modifications which they even told me I qualify for. They took away 48 hours of rights on my part to file a motion for bankruptcy, short sale, deed in lieu of foreclosure, or any other legal procedures which could have saved my home. I was told .the date was incorrect, that the court house was wrong, and that I needed to "take no further action" to ensure that the home would not be sold on January 7th. The Plaintiff's attorneys office, as well as the Plaintiff agreed in their records that they did in fact error on the date, and that there was no way for anyone to know that the date was actually January 7th. Yet they will not discuss rescinding the sale. My rights were violated. I lost my home that I have paid in for over 8 years at over $4,000 per month. I am just supposed to walk away from nearly $500,000 I have already paid in on this home and they now own it for just $1100? Please, Your Honor, uphold my rights and rescind this sale. I feel that this company possibly perpetrated fraud and I would like to be reimbursed in some way, and I would like my home back. Thank you for your consideration. I am able to produce back-up material and evidence of all of the above. Sincerely, Sally J. Harper Defendant EXHIBIT D PHF' AN N Joseph P. Schalk, Esquire Litigation Department November 10, 2009 Jerry S. Harper Sally J. Harper 480 Sample Bridgc Road Enola, PA 17025 Representing Lenders in Pennsylvania & New Jersey* RE: New York Community Bank et al, v. Harper, Cumberland County CCP, No. 07-793 Dear Mr. and Ms. Harper: Enclosed please find Plaintiffs Petition to Set Aside Sheriff's Sale, Brief in Support thereof, proposed Order, Rule Returnable, Certification of Service and Verification regarding the above-referenced matter for your review. Pursuant to the Local Rules of Court in Cumberland County, we would like to know if you concur or intend to oppose the Motion. Please contact us by no later than Monday, November 16, 2009. If you do not respond, we will file the Petition on Tuesday, November 17, 2009 and indicate you did not concur. Very truly yours, rEli cAllister On behalf of Joseph P. Schalk, Esquire Enclosures "This firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against the property. 1617 J.F.K. Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax: (215) 563-4491 Email: joseph.schalk@fedphe.com 148490 VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Petition to Set Aside Sheriff's Sale and Strike Sheriff's Deed are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN, HALLINAN & SCHMIEG, LLP Schalk, Esquire for Plaintiff 148490 PHELAN HALLINAN AND SCHMIEG, LLP By: Sheetal R. Shah-Jani, Esquire Atty. I.D. No. 81760 By: Joseph P. Schalk, Esquire Atty. I.D. No. 91656 126 Locust Street Harrisburg, PA 17101 Phone (215) 563-7000 x 7365 Fax (717) 234-1959 NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY FREDRICK, MD 21703 Plaintiff v JERRY S. HARPER SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 Defendants Attorneys for Plaintiff Court of Common Pleas Civil Division No. 07-793 Cumberland County Assigned Judge: Edward E. Guido CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the Plaintiffs Petition to Set Aside Sheriff's Sale and Strike Sheriff's Deed, Memorandum of Law in Support thereof, Verification and proposed Order were served by U.S. first class mail on all parties on the date listed below: 148490 Sally J. Harper 480 Sample Bridge Road Enola, PA 17025 O 1 11 ? Date Sheriff of Cumberland County One Courthouse Square Carlisle, PA 17013 Z. Shah rani, Esquire Schalk, Esquire s for Plaintiff 148490 Rte-UTICE OF THE i THONOTARY 2009 NOV 18 Phi 2: 16 CUM t Dl.IVY &i"y PE,M,4S LLWANiA PHELAN HALLINAN AND SCHMIEG, LLP By: Sheetal R. Shah-Jani, Esquire Atty. I.D. No. 81760 By: Joseph P. Schalk, Esquire Atty. I.D. No. 91656 126 Locust Street Harrisburg, PA 17101 Phone (215) 563-7000 x 7365 Fax (717) 234-1959 NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY FREDRICK, MD 21703 Plaintiff V. Attorneys for Plaintiff Court of Common Pleas Civil Division No. 07-793 Cumberland County Assigned Judge: Edward E. Guido JERRY S. HARPER SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 Defendants RULE RETURNABLE AND NOW, this day of PI?'1** 1,2009, a Rule is entered upon the Defendants, to show cause why an Order should not be entered granting Plaintiff's Petition to Set Aside Sheriff's Sale and Strike the Sheriff's Deed. A Rule Returnable on the day of >"P041009, at in the Cumberland County Courthouse, Carlisle, PA. Y T T: J. 148490 FLED-&i-ICE OF Tr ,? + R,,C w ARY 2009 NOW 23 AM 8: 38 UiV1-, w.; % ;;;'ry?Y PENNSYLVANIA Y.t ?? f f PHELAN HALLINAN AND SCHMIEG, LLP By: Sheetal R. Shah-Jani, Esquire Atty. I.D. No. 81760 By: Joseph P. Schalk, Esquire Atty. I.D. No. 91656 126 Locust Street Harrisburg, PA 17101 Phone (215) 563-7000 x 7365 Fax (717) 234-1959 NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY FREDRICK, MD 21703 Plaintiff V. Attorneys for Plaintiff Court of Common Pleas Civil Division No. 07-793 Cumberland County Assigned Judge: Edward E. Guido JERRY S. HARPER SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Rule Returnable dated November 20, 2009 regarding Plaintiff's Petition to Set Aside Sheriffs Sale and Strike the Sheriff's Deed was served by regular mail on the following parties on the date listed below: PHS 148490 Jerry S. Harper Sally J. Harper 480 Sample Bridge Road Enola, PA 17025 0 Date PHS 148490 Sheriff of Cumberland County One Courthouse Square Carlisle, PA 17013 tal ?. Shah-Jani, Esquire Jos h P. Schalk, Esquire Atto eys for Plaintiff P 2 PHELAN HALLINAN AND SCHMIEG, LLP By: Sheetal R. Shah-Jani, Esquire Atty. I.D. No. 81760 By: Joseph P. Schalk, Esquire Atty. I.D. No. 91656 126 Locust Street Harrisburg, PA 17101 Phone (215) 563-7000 x 7365 Fax (717) 234-1959 NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY FREDRICK, MD 21703 Plaintiff v Attorneys for Plaintiff Court of Common Pleas Civil Division No. 07-793 Cumberland County Assigned Judge: Edward E. Guido JERRY S. HARPER SALLY.T. HARPER 480'SAMPLE BRIDGE ROAD ENOLA, PA 17025 Defendants RULE RNABLE AND NOW, this day of -, 1'?^? '2009, a Rule is entered upon the Defendants, to show cause why an Order should not be entered granting Plaintiff's Petition to Set Aside Sheriff's Sale and Strike the Sheriff's Deed. #3e y? Rule Returnable on the day of t_ 69, at ?• ?Gm. in the Cumberland County Courthouse, Carlisle, PA. ,Opy FROM RECORD Testimohy whereof, :o the seal of said Court A Car WI% Pa. A1 a A-'.....l?aY -- Y T T: J. 148490 l 4G -2 .,i If 2: _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY FREDRICK, MD 21703 Civil Division Plaintiff v No. 07-793 Assigned Judge: Edward E. Guido JERRY S. HARPER SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 Defendants ORDER AND NOW, this f?day of 2009, upon consideration of Plaintiff's Petition to Set Aside Sheriff s Sale and Strike Sheriff's Deed and Defendant's Response thereto, if any, it is hereby ORDERED and DECREED that Plaintiff s Petition is granted; and ORDERED and DECREED that the Sheriff s sale of January 7, 2009 is hereby set aside and that the Office of the Recorder of Deeds of Cumberland County shall strike the Sheriff s deed recorded on February 27, 2009 in Instrument Number 200905635. 148490 41WAA E. 4,w:d? J. FILED- + F 'TH- . r1TA Y 2009 DEC -2 Ali C: 3 b eapok& .natLic` 444,t J . sL4.:,. Lk, t J. Wes, *- 9. tore. PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 NEW YORK COMMUNITY BANK Plaintiff COURT OF COMMON PLEAS v JERRY S. HARPER SALLY J. HARPER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/04/2008 to Date of Sale ($106.97 per diem) CIVIL DIVISION NO. 07-793 CIVIL TERM CUMBERLAND COUNTY $650.730.07 %/ $68,139.89 TOTAL At, ey for Plaintiff Ph 1 Hallinan & Schmie , LLP ? L ence T. Phelan, Esq., Id. No. 32227 antis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 VJe eetal R. Shah-Jani, Esq., Id. No. 81760 nine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 148490 z b y w N E ¢ C7 ¢ C7 o W N 3 v'¢ v? o via o Q ? y a(n o (A 0 'o E ? v) O C) Q ,I W ti t 0-1 tic?l,U v].0 W W O9 Q a? Oa O? O? O? ?U as O? g 01 W z > WW -d w ?a d U W ? O o ?w O ? wt U 0 N kn N 'NO N'p ? p Z NO M00 pMN ho0 NCV a O p Oz?zoho?N??p O p° Q Cz 04 ab tib?dz.0zzZ. z'tiv zbb .? ,?wwwbWW ???"b N"ww?wW F-xv? °. P AE > a? ?- V5 P4 -Z 0 co -U .4 21 5 A 45 • co , ?, o ti.a>.?a¢tiU °U¢ -; Co z C 3 C\i Cv a r Y ,. -y ,yj LL- ? !? a I v o? h r ? t ' r'y le q J N LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern legal right-of-way line of Sample Bridge Road at the corner of Residual Lot No. 2-A (erroneously described as Lot No. 1 on prior deed) on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363.26 feet to a point at the southern line of Residual Lot No. 2-A on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Residual Lot No. 2-A North 67 degrees 04 minutes 30 seconds East a distance of 185.00 feet to a point on the western line of land now or formerly of Joey V. Sullenberger and Denise C. Sullenberger; THENCE along said Sullenberger land, South 04 degrees 00 minutes 00 seconds East a distance of 385.00 feet to a point on the northern legal right of way line of Sample Bridge Road; THENCE along the northern legal right-of-way line of Sample Bridge Road South 73 degrees40 minutes 00 seconds West a distance of 179.13 feet to a point at the corner of Residual Lot No. 2-A, the point and Place of BEGINNING. BEING comprised of Lot No. 3 as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 21, 1998, last revised January 11, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 78, Page 39 and Residual Lot No. 2-B as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 20, 1999, last revised November 18, 1999, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 80, Page 81. TITLE TO SAID PREMISES IS VESTED IN Jerry S. Harper and Sally J. Harper, husband and wife, by Deed from Jerry S. Harper and Sally J. Harper, husband and wife, dated 02/16/2000, recorded 02/23/2000, in Deed Book 216, Page 557. PREMISES BEING: 480 SAMPLE BRIDGE ROAD, ENOLA, PA 17025 PARCEL NO. 38-04-0367-085 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 TKL 215-563-7000 NEW YORK COMMUNITY BANK Plaintiff V. JERRY S. HARPER SALLY J. HARPER Defendant(s) Attorneys for Plaintiff 2010 FEB 22 A 13, 43 ,v F, : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 07-793 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ? kIncis rence T. Phelan, Esq., I. No. 32227 ? S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 VirJenine h T. Romano, Esq., Id. No. 58745 tal R. Shah-Jani, Esq., Id. No. 81760 R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 NEW YdRK COMMUNITY BANK Plaintiff k v. JERRY S. HARPER SALLY J. HARPER Defendant(s) c T", 2010 FEB 22 AIN !0: 1 COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-793 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 NEW YORK COMMUNITY BANK, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 480 SAMPLE BRIDGE ROAD, ENOLA, PA 17025. Name and address of Owner(s) or reputed Owner(s): Name JERRY S. HARPER JERRY S. HARPER JERRY S. HARPER SALLY J. HARPER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 426 South 23'd Street; Apt. 202 Lemoyne, PA 17043 3617 N. Pine Grove Avenue, Apt. 2 E-N Chicago, IL 60613 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 Address (if address cannot be reasonably ascertained, please so indicate) 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 (if address cannot be reasonably ascertained, please indicate) Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 US Treasury Department Pittsburgh Office, Room 808 PNC National Association C/O: Donna M. Donaher, Esquire PNC National Association Unemployment Compensation Fund 1000 Liberty Avenue Pittsburgh, PA 15222-9974 1500 One PPG Place Pittsburgh, PA 15222-5401 Fifth Avenue & Wood Street Pittsburgh, PA 15201 16`h Floor, L&I Building Harrisburg, PA 17121 r 4. Name and address of last recorded holder of every mortgage of record: dame Address (if address cannot be reasonably ascertained, please indicate) All First Bank 1123 N. George Street York, PA 17404 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. N,-Ae 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 (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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.A. § 4904 relating to unsworn falsification to authorities. February 18, 2010 By: Atty for Plaintiff Ph a Hallinan & Schmieg, P ? rence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Ju ' T. Romano, Esq., Id. No. 58745 Verme eetal R. Shah-Jani, Esq., Id. No. 81760 R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 A NEW YORK COMMUNITY BANK 201, E3 22 All"I 110: 1?3 : NO. 07-793 CIVIL TERM JERRY S. HARPER CUMBERLAND COUNTY SALLY J. HARPER , Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SALLY J. HARPER JERRY S. HARPER 480 SAMPLE BRIDGE ROAD 426 SOUTH 3RD STREET, APT 202 ENOLA, PA 17025 LEMOYNE, PA 17043 JERRY S. HARPER JERRY S. HARPER 480 SAMPLE BRIDGE ROAD 3617 N. Pine Grove Avenue, Apt. 2 E-N ENOLA, PA 17025 Chicago, IL 60613 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 480 SAMPLE BRIDGE ROAD, ENOLA, PA 17025 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $650,730.07 obtained by NEW YORK COMMUNITY BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. 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 the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION 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 thAheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 r SHORT DESCRIPTION By virtue of a Writ of Execution NO. 07-793 CIVIL TERM NEW YORK COMMUNITY BANK VS. JERRY S. HARPER SALLY J. HARPER owner(s) of property situate in Silver Spring Township, Cumberland County, Pennsylvania, being (Municipality) 480 SAMPLE BRIDGE ROAD. ENOLA, PA 17025 Parcel No. 38-04-0367-085 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $650,730.07 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 Ir LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern legal right-of-way line of Sample Bridge Road at the corner of Residual Lot No. 2-A (erroneously described as Lot No. 1 on prior deed) on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363.26 feet to a point at the southern line of Residual Lot No. 2-A on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Residual Lot No. 2-A North 67 degrees 04 minutes 30 seconds East a distance of 185.00 feet to a point on the western line of land now or formerly of Joey V. Sullenberger and Denise C. Sullenberger; THENCE along said Sullenberger land, South 04 degrees 00 minutes 00 seconds East a distance of 385.00 feet to a point on the northern legal right of way line of Sample Bridge Road; THENCE along the northern legal right-of-way line of Sample Bridge Road South 73 degrees40 minutes 00 seconds West a distance of 179.13 feet to a point at the corner of Residual Lot No. 2-A, the point and Place of BEGINNING. BEING comprised of Lot No. 3 as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 21, 1998, last revised January 11, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 78, Page 39 and Residual Lot No. 2-13 as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 20, 1999, last revised November 18, 1999, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 80, Page 81. TITLE TO SAID PREMISES IS VESTED IN Jerry S. Harper and Sally J. Harper, husband and wife, by Deed from Jerry S. Harper and Sally J. Harper, husband and wife, dated 02/16/2000, recorded 02/23/2000, in Deed Book 216, Page 557. PREMISES BEING: 480 SAMPLE BRIDGE ROAD, ENOLA, PA 17025 PARCEL NO. 38-04-0367-085 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N02007-793 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due New York Community Bank Plaintiff (s) From Jerry S. Harper Sally J. Harper (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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $650,730.07 L.L. Interest 09/04/2008 to date of sale ($106.97 per diem) $68,139.89 Atty's Comm % Due Prothy $2.00 Atty Paid $2,761.47 Plaintiff Paid Date: 2/22/2010 (Seal) Other Costs D( ? ag David D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name Jenine R. Davey, Esq. Phelan Hallinan & Schmieg, LLP Address: 1617 JFK Boulevard, Suite One Penn Center, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 87077 PLAINTIFF NEW YORK COMMUNITY BANK PHS # 148490 DEFENDANT JERRY S. HARPER SALLY J. HARPER SERVE SALLY J. HARPER AT: 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 SERVICE TEAM/ in COURT NO.: 07-793 CIVIL TERM TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: 06/02/2010 SERVED Served and made known to SFE"r 7- 04AFAR , Defendant on the 144-day of 10 2r C I , 201 D , at o'clock A. M., at 4996 5A-M R,f BRi 0&G RFD , , in the manner described below: n c/ Defendant personally served. SNoL4 r P4 Adult family member with whom Defendant(s) reside(s). Tl Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. -. Other: Description: Age -40 S Height 5'a " Weight 10 Race W Sex F Other ev Q r1 CD _ -, r?o I, Ida Nkt o Ado LL , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subsc 'bed KIMBERLY CURTY before me this day NOTARY PUBLIC of I c a, STATE OF TvEW RMSEY OMMISSION EXPIRES MARCH 7, 2013 Notary: By: 71ft,4 NOT SERVED On th ay , 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant Bad Address No Answer Service Refused Other: Sworn to and subscribed before me this day of _. By: Notary: AFFIDAVIT OF SERVICE CUMBERLAND COUNTY Moved _ Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. 11a18nan, Esq., Id. No. 62695 Daniel G. Schneg, Esq, Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheets] P- Shah-Jani, Esq, Id. No. 81760 Jenne P- Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq. Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq, Id. No. 90134 Chrisovalante P. Flinkos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq, Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq. Id. No. 81760 Jenine R. Davey, Esq., Id Rio. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq. Id. No. 202331 Jay B. Jones, Esq. Id. f 1o. 86657 Peter J. Mulcahy, hs , Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq ? Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 s 71V 20 01:i' 30 !!: ?) 3 Ct ?i _ ? f,` t1! NEW YORK COMMUNITY BANK Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS V. JERRY S. HARPER SALLY J. HARPER Defendant(s). CIVIL DIVISION NO. 07-793-CIVIL TERM AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to JERRY S. HARPER on APRIL 22, 2010 at in accordance with the Order of Court dated MAY 30TH, 2007. The property was posted on APRIL 6, 2010. Publication was advertised in CUMBERLAND LAW JOURNAL on APRIL 16, 2010 & in THE SENTINEL on APRIL 19, 2010. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. N HALLINAN^SCHMIEG, LLP By: rawrencAe T. hel Esq., Id. No. 32227 is S. Hallin Esq., Id. No. 62695 l G. Schmieg, Es p., Id. No. 62205 Michele M. Bradford, ?sq., Id. No. 69849 Judith T. Romano, Esq, Id. No. 58745 Sheetal R. Shah-Jani, EsqNo Id. No. 8170 Jenine R. Davey, Esq., Id 8767Y Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq. Id. No. 202331 Jay B. Jones, Esq. Id. Rio. 86657 Peter J. Mulcahy, Es , Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Es' Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Dated: April 29, 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MAY 2 3 200N* New York Community Bank : Civil Division vs. No. 07-793-Civil Term Jerry S. Harper Sally J. Harper ORDER AND NOW, this 36 day of , 2007, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Jerry S. Harper, by: 1. Posting of the premises: 480 Sample Bridge Road, Enola, PA 17025. 2. First class mail to Jerry S. Harper at the last known addresses, 426 South 23rd Street, Apt. 202, Lemoyne, PA 17043 and 3617 N. Pine Grove Avenue, Apt. 2 E-N, Chicago, IL 60613, and the mortgaged premises located at 480 Sample Bridge Road, Enola, PA 17025; and 2 3. Certified mail to Jerry S. Harper and Sally J. Harper at the last known addresses,.426 South 23rd Street, Apt. 202, Lemoyne, PA 17043 and 3617 N. Pine Grove Avenue, Apt. 2 E-N, Chicago, IL 60613 and the mortgaged premises located at 480 Sample Bridge Road, Enola, PA 17025; and 4. Publication in accordance with PA. R.C.P. 430. J. Cc: Jerry S. Harper 480 Sample Bridge Road Enola, PA 17025 Jerry S. Harper 426 South 23rd Street, Apt. 202 Lemoyne, PA 17043 Jerry S. Harper 3617 N. Pine Grove Avenue, Apt. 2 E-N Chicago, IL 60613 3 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY NEW YORK COMMUNITY BANK PHS # 148490 DEFENDANT SERVICE TEAM/ fin JERRY S. HARPER SALLY J. HARPER COURT NO.: 07-793 CIVIL TERM SERVE JERRY S. HARPER AT: TYPE OF ACTION 480 SAMPLE BRIDGE ROAD XX Notice of Sheriffs Sale ENOLA, PA 17025 SALE DATE: 06/02/2010 ***PLEASE POST PROPERTY PER COURT ORDER*** SERVED nn Served and made known to SE29y S . I "W-A. Defendant on the day of 20 10 , at o'clock g. M., at 48e §;*?aE -eAi W R& FNOLA P& in the manner described below: - Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. - an officer of said Defendant's company. V Other: Pa ST f>%0 FWq - Description: Age Height _ Weight Race Sex Other 1, _ r 0??1 1- a competent adult, being duly sworn according to law, depose and state that I personally a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the cafp t e case on the date and at the address indicated above. Sworn to and subscribed before me this _ day ,'fY of t L , 2010. aS; Not BY: (YG t Y C. , M, . 2413 NOT SERVED°- J O the d of 20_, at o'clock _. M., Defendant NOT FOUND because: - Vacant _ Bad Address Moved No Answer Service Refused Other: Sworn to and subscribed before me this day of = By: Notary: Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF 1-renoc T. Phelan, Esq., ld. No. 32227 Francis S. Haltinan, Esq., Id. No. 62695 Daniel G. Schmk& Fsq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shayal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Fsq., Id. No. 87077 1-ren R. Tabas, Fsq., Id. No. 93337 Viva Srivastava, Esq., Id. No. 202331 Jay B. Jones, Fsq., Id. No. 86657 Peter J. Mulcahy, Fsq., Id. No. 61791 Andrew L Spivack, Esq., Id. No. 84439 Jaime McGuinn-s, Esq., Id. No. 90134 Chriso alante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Fsq., Id. No. 205047 Courtenay R. Dunn, Esq, Id. No. 206779 Andrew C. Bramblell, Fsq., Id. No. 208375 One Penn Center at Suburban Station 1617 John F. Kennody Blvd., Suite 140o Philadelphia, PA 19103-1814 ?9 I ! _ •? pi SDI 00 J O? tl?? A W N ?+ ? (D a ? i a C '6'- dCG ?C?- Y 1-+ ' C?W? O\ fD rArr N f9 trJAr-• 00 A C N Oil cC O W " C UC7C? :C??'C?C7 l1-ill H z y r.; fD C t 'o s ., O s N S ?' t fD F, "? .? O C `t fp w t 00 ?3. V1 Cn fD ;.' O O r. O G, fD w fD O .! O'g : d W C O '?,' 00 O At az ' m`? >d ?~?? bd v r Y ? a o- ,. tl7 N c 00 C ? y b Z vz C va I.b .?. m .' C 'f CD c r m G. "S Q% p CD , C• O O .? y (D .. S n 7 z O ° ,o., ., "? ?p '."' n.ti b x O ' x b ?? ' tz .f O .ti S .?q Vt 4' b A? "'! N = b x b H b , O •iy , ' rC .. A ('? J p ZJ A + r tD •s b co N W ^t ?+ A A + '. O '. V fD r•ti O '. CD R J 7 i DD A > r" O Q' .,, d\ ., 9 (IQ PIV 2N > J 10. O. CD Q ', Y I J y W , J ^' O N O ?r ° y ° w j . ,i , '. 0 'I J M , o y ? b 100 M e p 0 0 Q O N fD O y to to p mt z ? SIC eo a ?W " ego . . A C O .-r I ~ CD i O? CD Y f C. ft -< "t ? O If, oro ?" fl N O N N+ .. d _ O Y f <.w i ''. . ft d d ? ^ to ? I j CrJ N =• ?°, v ? "? Cr1 .?+ ^r v? z ° d a ? 7a ? y F•1 W ? n. a? ? A w y A 00 O O d ? o. Zp O o0._ -.? ^y ..y W r _ ? "o O G d V. _ (C Q ?? w o °^. A ? O n O ? ? p G C ?i p = ° y O 0 Q 0 G OSP N .?- uS ° g R. 5 f.? n w PITNEY BOHj 0 0 02 1M $04. 9 q 0004277256 FEB 22 2010 ° 7 D E 1 910 3 -• w '< rn 0. MAILED FROM ZIP COD O' n ° G m b O ? o y W x H crQ fn w = g N 7 k °U d w m • _ v, m m °. -o o _ "asw 1 0 CD y• ? V w CD o . aCD r (D CD UQ A C" O C"' O ? O H r r 0 a, 0 N N O O Ln l_J PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz April 16, 2010 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. Marie Coyne, Edi r SYMM TO AND SUBSCRIBED before me this 16 day of April, 2010 C Notary --'4/? NOTARIAL SEAL DEBORAI-I A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 07-793 CIVIL TERM NEW YORK COMMUNITY BANK vs. JERRY S. HARPER & SALLY J. HARPER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: JERRY S. HARPER & SALLY J. HARPER ALL THAT following described lot of ground situate, lying and being in SILVER SPRING Township, County of CUMBERLAND, Commonwealth of Pennsylvania, bounded and limited as follows, to wit: Being Premises: 480 SAMPLE BRIDGE ROAD, ENOLA, PA 17025. Improvements consist of residen- tial property. Sold as the property of JERRY S. HARPER. Parcel # 38-04-0367-085. Your house (real estate) at 480 SAMPLE BRIDGE ROAD, ENOLA, PA 17025 is scheduled to be sold at the Sheriff's Sale on JUNE 2, 2010 at 10:00 A.M. at the CUMBERLAND County Courthouse to enforce the Court Judgment of $650,730.07 ob- tained by, NEW YORK COMMUNITY BANK (the mortgagee), against your Prop. sit. in SILVER SPRING Town- ship, County of CUMBERLAND, and State of Pennsylvania. DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff Apr. 16 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland James Kleinklaus, Director of Sales and Marketing of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): April 9, 2010 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication Sworn to and subscribed before me this Notary Public My commission expires: NOTARIAL SEAL WO ANN NECIWNQDRN ft" POW CARUKLE 8W000H, CUMBERLAND CfM My Commission Expires Jan 27, 2014 7178 2417 6099 0053 0885 4 / JJN JERRY S. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) LISPS - Track & Confirm Page 1 of 1 UNITEDS7`AM POSTAL. SERVKEe Home I Help I Sian In Track & Confirm FA Qs Track & Confirm Search Results Label/Receipt Number: 7178 2417 6099 0053 0885 _ Class: First-Class Maile Tack & Confirm Service(s): Return Receipt Electronic Enter Label/Receipt Number. Status: Delivered Your item was delivered at 3:13 PM on April 8, 2010 in LEMOYNE, PA 17043. Detailed Results: • Delivered, April 08, 2010, 3:13 pm, LEMOYNE, PA 17043 • Acceptance, April 05, 2010,5:03 pm, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, April 05, 2010 Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Go> Return Receipt (Electronic) Verify who signed for your item by email. Go> Go> SiteM1l p Gustomerservice Forms rjgVt...SBrvlcps Careers CopyrightC?) 2010 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA Rdw cy Policy 'Te!:rm.. ?f_V.se. C3usiness_ cistcxner._rateway. http://trkcnfrm 1. smi.usps. com/PTSIntemetWeb/InterLabellnquiry.do?strOrigTrackNum=... 04/29/2010 7178 2417 6099 0053 0892 4/JJN JERRY S. HARPER 426 SOUTH 3RD STREET APT 202 LEMOYNE, PA 17043-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS - Track & Confirm Page 1 of 1 UNI TED STATES AWPOSTAL SERVICE- Home I Hela I Sian In Track & Confirm FAQs Track Confirm Search Results Label/Receipt Number: 7178 2417 6099 0053 0892 - - - -- Class: First-Class Mailo Track & Confirm Service(s): Return Receipt Electronic Enter Label/Receipt Number. Status: Delivered Your item was delivered at 10:53 AM on April 7, 2010 in LEMOYNE, PA ` 17043. Detailed Results: Delivered, April 07, 2010, 10:53 am, LEMOYNE, PA 17043 • Acceptance, April 05, 2010, 5:03 pm, PHILADELPHIA, PA 19102 Electronic Shipping Info Received, April 05, 2010 fJnTific:,?ian Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. > Return Receipt (Electronic) Verify who signed for your item by email. 60s Site- ti)rtj Customer Se yice Farms. ovt Services (.'areerq E! icy p oic,.y icrms.c f tie F us nrss_Gu tamer ? afeway. Gopyrightei 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOfA http://trkcnfrm 1. smi.usps.com/PTSIntemetWeb/InterLabellnquiry.do?strOrigTrackNum=... 04/29/2010 7178 2417 6099 0053 0908 4/JJN JERRY S. HARPER 3617 N. PINE GROVE AVE APT 2 E-N CHICAGO, IL 60613-0000 --fold here (regular) -- fold here (60) --fold here (regular) U.SPS - Track & Confirm Page 1 of 1 UNITED 5'FATES POSTAL SF.J?VXEe Home I Help I Sign In Track & Confirm FAQs Track a Confirm Search Results Label/Receipt Number: 7178 2417 6099 0053 0908 Class: First-Class Mail® Track & Confirm Service(s): Return Receipt Electronic Enter Label/Receipt Number. Status: Delivered Your item was delivered at 11:54 AM on April 22, 2010 in Go > PHILADELPHIA, PA 19103. Detailed Results: • Delivered, April 22, 2010,11:64 am, PHILADELPHIA, PA 19103 • Undeliverable as Addressed, April 07, 2010,12:27 pm, CHICAGO, IL 60613 • Arrival at Unit, April 07, 2010, 7:37 am, CHICAGO, IL 60613 • Acceptance, April 05, 2010, 5:03 pm, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, April 05, 2010 Notificxion Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. is Ge> Return Receipt (Electronic) Verify who signed for your item by email. G+> Site rut jp_ ? iasfc rna r Ce yice Firms Qgk t. $erykv s. careers. P..riyacy_Fgl cy. (rT1S af._ se, Qusinc "s ,Q( stcxigr_Qatgwpy Copyright:c> 2010 USES. All Rights Reserved. No FEAR Act EEO Data FOlA http://trkcnfrm 1. smi.usps. com/PTSIntemetWeb/InterLabellnquiry.do?strOrigTrackNum=... 04/29/2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NEW YORK COMMUNITY BANK Plaintiff, CUMBERLAND COUNTY v JERRY S. HARPER SALLY J. HARPER Defendant(s) COURT OF COMMON PLEA§ cn a CIVIL DIVISION ° No. 07-793 CIVIL TEIV6 ' ?AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA CU.IVI BERLAND COUNTY ) SS: f1 T `. As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: ?-'Ao- Lj Lawfence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ER''Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS 148490 T V N .S V sL, S ? k. •EN ?? An I u L__ ? E c rn N a £ 0 B 3000 dlZ WOH=l 0311VV4 OLOZ ZZ83:1 9SZLLZ6000 agy?g g G o Z?f? WL z0 oo O b V ?A/KAtt A3NAM -Y, Ask i i He C ? \c,1 E W = g•ON Q.. 1 w.o aw . O '?• ?e?v°ti N .?g E w a :. b W ? d o 0 o z dl ?_? i u f? ° o .? N W a yeti a eq d b a: ?r O a u v °?b o o er U a ???,? W L ,tea o yap oa ° ° ? ° .?' va p; w o G A y o° v N A? v 0. c a .;.r Q .r $ ob W A ? °` ? ? An Q w m ~ aL. L M y??G4p p ?r O +ry.°.: w d 7 m w is v.r, elD wp >M +L+ ?? r d ? Pqr? o >o.c3 a o .. > o ?aA vv? o.. v? ,? ?.C.a tiUW'•` asU? crCl >.ti7Adc c.Gy? °?o d I O. a d? 'd a ? .. v V1 QI 6 w L? r L d 1+ C? •r o e a? ?'? oy.. ? w Cg a cd a g?Uv >+ so t a'a, xa °vN ai z ,. .n_ ° ?a y a.? °? a.o a o'sri ad'?tl „py oA(yd c$ o °a ?,? cTiaaAd i 4 W ?.o viZ Ck =1 y?7 u aA..? B?c0 a E? ? a L z.. v',ti. z I ?r c`?irr ?0 8 W Z o a M a . 0 O el o a ?i .:row, V1 V2 'g ai ? o . c .. L. ? .? _C' ; i •- `e3 A. 6 a A. I . 3•--??R, 7.F°?W AU.-iU UL1o;'?Tw ?7onfY,.M-r ,°r O: A'7?ti.•Gc?'?ty?°??? W ti? ••1 ?ie1h° V a.?i?+F2Ap' i .n Z * # N ? O L C/2 V Y' I Q ra b r 00 01 O? 0 d o T u r o w Cl =C O C .? Ems, ??' N y t •O ti U E pup E Eg = N LEg ? C y L V E ? ?? 1 6 [- 2W R ? C 7 or s 3003 w = 0 L OZ dIZ 311vw ° .r- a.o o89 tp $ s oasZZ3 I aZP zo° . N ,???•G o _ a $ s E S31dy a x E O b ? u N 7?„ m E y ? o ? ? a ? ? oo p 0 0 0 C .Q 'b O h U °1 °' v eNS c ? :n a I ? .o c ^ o h a°°i o A ;? W D O? G.•? r.] w a o Q o o°'E r COO C.?^ yN C A Q 00 ? (% a?i ? v aEi o ? xy F ,°'aF a W a Q M F 'O W Q F U A o Q z o O y a ?E Llr s. o W fir O ^C •p (fir ? -- c ?...? R 00 V' V p 00 ? O aLi O p v vR U U N O C/? H p Qa N R R N Ora "O .r G '? ?"'+ A ti t ai p N u p V N V p 0 4? j H G ti v in eq -4 h ? A1 R y p 1A p •p c cq GL R V C1. 6i?A, Uj p° -- pa v .., L c a c ,a aj 45 ;,? A UOpo?Uw? EL6z. z? .o a3"0L- of) _ ... ':a z Q O r.a N M V1 00 HT Ha u FILED-OFTCE OF THE PRO i ! W NOTAPY ?010MAY 12 PM3:G2 cuVIFj `Fi ?a + rmr ? :1 ?'Z+vf? ? t ? h 11 1 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 L,-5richele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No.. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NEW YORK COMMUNITY BANK Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. CUMBERLAND County JERRY S. HARPER SALLY J. HARPER No. 07-793 CIVIL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES 148490 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on February 9, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A" 2. Judgment was entered on August 24, 2007 in the amount of $605,305.92. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 2, 2010. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $561,253.39 Interest Through June 2, 2010 $131,365.66 Per Diem $48.05 Late Charges $1,509.91 Legal fees $3,225.00 Cost of Suit and Title $6,259.85 Sheriffs Sale Costs $2,295.45 Property Inspections/ Property Preservation $240.00 Appraisal/Brokers Price Opinion $190.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $31,101.01 148490 TOTAL $737,440.27 6. The Plaintiff p aid the following in taxes and insurance during the time the loan was in default: Beginning Balance $4,510.03 04/16/08 City Tax $1,889.05 05/09/08 Hazard Insurance $1,725 08/12/08 TownNillage Tax $5,186.34 01/26/09 Hazard Insurance $8,510 04/08/09 City Tax $1,950.60 08/13/09 City Tax $5,379.39 01/14/10 City Tax $8,510 04/16/10 City Tax $1,950.60 Subtotal $39,611.01 Escrow Credits - $8,510 Total Escrow $31,101.01 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on May 3, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 148490 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP 1 DATE: 5 (( D By: N1 I - A '-? JL!i*renc-e elan, Esq., Id. No. 32227 ? Francis S. Hallman, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 148490 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NEW YORK COMMUNITY BANK Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JERRY S. HARPER SALLY J. HARPER No. 07-793 CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 148490 I. BACKGROUND OF CASE JERRY S. HARPER and SALLY J. HARPER executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 480 SAMPLE BRIDGE ROAD, ENOLA, PA 17025. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa. Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 148490 Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciong_oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal 148490 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55,621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheri ff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. 148490 V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well maybe divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings, and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. 148490 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 148490 VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Ph 1 Hallina & Schmieg, LLP DATE: By: 2? Lawrence T. P e an, sq., Id. No. 227 ? rancis S. Hallinan, Esq., Id. No. 62695 VDaniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 148490 Exhibit "A" 149490 N c.. g r. m L i PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 149490 NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY FREDRICK, MD 21703 Plaintiff V. JERRY S. HARPER SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 6'7 -- Al ? 3 e! t? t t? CUMBERLAND COUNTY Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE We hereby certify the Within to be F! true and Correct copy Of the ®"QkW JWd Of record File #: 148490 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 (SEE ATTACHED ESPANOL AVISO) File #: 148490 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 148490 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 148490 1. Plaintiff is NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY FREDRICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: JERRY S. HARPER SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/28/2000 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to ROSLYN NATIONAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1598, Page: 1018. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Fite #: 148490 6. The following amounts are due on the mortgage: Principal Balance $562,268.03 Interest $17,877.96 09/01/2006 through 02/06/2007 (Per Diem $112.44) Attorney's Fees $1,250.00 Cumulative Late Charges $1,321.69 02/28/2000 to 02/06/2007 Cost of Suit and Title Search $550.00 Subtotal $583,267.68 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $583,267.68 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personal judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) hasihave received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File N: 148490 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $583,267.68, together with interest from 02/06/2007 at the rate of $112.44 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/F cis S. ?allinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Fite #: 148490 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern legal right-of-way line of Sample Bridge Road at the corner of Residual Lot No. 2-A (erroneously described as Lot No. 1 on prior deed) on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363.26 feet to a point at the southern line of Residual Lot No. 2-A on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Residual Lot No. 2-A North 67 degrees 04 minutes 30 seconds East a distance of 185.00 feet to a point on the western line of land now or formerly of Joey V. Sullenberger and Denise C. Sullenberger; THENCE along said Sullenberger land, South 04 degrees 00 minutes 00 seconds East a distance of 385.00 feet to a point on the northern legal right of way line of Sample Bridge Road; THENCE along the northern legal right-of-way line of Sample Bridge Road South 73 degrees40 minutes 00 seconds West a distance of 179.13 feet to a point at the corner of Residual Lot No. 2-A, the point and Place of BEGINNING. BEING comprised of Lot No. 3 as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 21, 1998, last revised January 11, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 78, Page 39 and Residual Lot No. 2-B as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 20, 1999, last revised November 18, 1999, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 80, Page 81. File #: 148490 BEING THE SAME PREMISES which Larry M. Nelson and Joan Nelson, husband and wife, by their deed dated March 1, 1999 recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 195, Page 490, and their deed dated February 15, 2000, intended to be recorded immediately prior to this deed, granted and conveyed unto Jerry S. Harper and Sally J. Harper, Grantors herein. PROPERTY BEING: 480 SAMPLE BRIDGE ROAD File #: 148490 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: `d ?Q - c di Exhibit "B" 148490 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY FREDRICK, MD 21703 Plaintiff, V. JERRY S. HARPER 3617 N. PINE GROVE AVENUE, APT. 2 E-N CHICAGO, IL 60613 SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 ATrORNEy FILE Copy PLEASE RETURN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-793 CIVIL TERM ATTORNEY FILE Copy PLEgsF RETURN Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JERRY S. HARPER and SALLY J. HARPER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint ATTORNEY FI $583,267.68 Interest from 02/07/07 to 08/21/071 LE GOV1038.24 TOTAL u ` PLEASE RETUM605,305.92 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Ruk?. 237.1, copy attached. n .. a ATTORNEY FILE COPY,. UDANIEL G. SCHMIEd, ESQUIRE PLEASE RETURN t ; Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS _ INDICATED. DATE: -01510- k" k4pxP P AO PROTHY b CA ATTORNEY FILE COPS( 148490 PLEQtE RETURN Exhibit "C" 148490 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey May 3, 2010 JERRY S. HARPER SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 RE: NEW YORK COMMUNITY BANK v. JERRY S. HARPER and SALLY J. HARPER Premises Address: 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 CUMBERLAND County CCP, No. 07-793 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by May 8, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. truly ur La nce T. 1 , S. Hallinan, Esquire D niel G. Schmieg, Esquire chele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire 148490 Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure 148490 ?4 ?pl *49- p 161 "O r- z Q O 2 r: o ?z ? o O _o n m- a L O ? rt N 0 o p ? a ? Ooic o ti Q q X ,„ M N N ? ? O d OO ?' ? ^. O Pa tCo ^',C V O O ? i y S o ? ? n a O 7, rt = O 69 ? N N ? N O ? C 0. ? O '-`.fns a`°a ? b m 0. q ? N v? `? d O F G ? P? y 2 N N a n+'O L N ti o' --1 m v ? ? ? x dada m o rv o v v m N.? n=i ? a J ? ? W ! lj-!L O ? ? T hly m rn ? oaz 000 00 A 00 pp C!1 C' A 'Y = C2 U K C ? ? K rj) 0 y yoy? ?o? x >z a b y z Z N W J fem.. a _ ? w x " U f v, vet" Uj o z y? R ? ? ? z coo x rn ? ? b ? t?r1 a a. ? ? ? r ? y b t" a r (A N N ?' ?" .p a ?, ? y ? yy 0 ry H a O a v W ? ?y H V vso Pa 4r j ® VITHEY EY B(KI17[5 021M $ 01.26° 0004277256 MAY 03 2010 MAILED FROM ZIP CODE 1910 3 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Ph Ian Hallinan & Schmieg, LLP DATE: II IO By: awr nce T. helan, Esq., Id. No. 32227 ? rancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 148490 1% lf?? THE l N?l? T 'Y ZOID MAY 12 PM 3: 02 CUMBi.kti;? DDUN[Y PENNSYLVANIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id.. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NEW YORK COMMUNITY BANK Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JERRY S. HARPER : SALLY J. HARPER No. 07-793 CIVIL TERM Defendants CERTIFICATION OF SERVICE 148490 ti I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof., were sent to the following individuals on the date indicated below. JERRY S. HARPER JERRY S. HARPER SALLY J. HARPER 3617 N. PINE GROVE AVE SALLY J. HARPER APT 2 E-N 480 SAMPLE BRIDGE ROAD CHICAGO, IL 60613 ENOLA, PA 17025 JERRY S. HARPER 426 SOUTH 3RD STREET APT 202 LEMOYNE, PA 17043 P e an Hallman & Schmieg, LLP DATE: By: a rence T. h an, Esq., Id. No. 32227 ? F cis S. Hallinan, Esq., Id. No. 62695 V l G . Schmieg, Esq., Id. No. 62205 ? 4nie chele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 148490 I F, p-tT O THE 2010 MAY 14 Pry 3'. 35 cure ', ?,, C',)UNTY PE^JNSA-VAN- V, MAY. 13 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NEW YORK COMMUNITY BANK Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JERRY S. HARPER SALLY J. HARPER No. 07-793 CIVIL TERM Defendants ?f RULE AND NOW, this day of 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess I? dL"** 0 Rule ReVable on the ?( day of 2010, atl!"QP in tike- ni?r Courtroom of the Cumberland County Courthouse, Carlisle, Pennsylvania. T RT J. . Damages. I"Y1.154.7diaic? s/tic/,a 148490 3