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HomeMy WebLinkAbout03-0823FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Vo Plaintiff JOHN R. REIFF, JR. A/K/A JOHN R. REIFF SHERRY L. REIFF 308 PITT STREET ENOLA, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **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. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 4133120NZB 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 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 AFl'ER 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. 1. Plaintiff is o MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 The name(s) and last known address(es) of the Defendant(s) are: JOHN R. REIFF, JR. A/K/A JOHN R. REIFF SHERRY L. REIFF 308 PITT STREET ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/25/96 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to SIGNET MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1348, Page 127. By Assignment of Mortgage recorded 6/19/01 the mortgage was assigned to WELLS FARGO HOME MORTGAGE, INC. which Assignment is recorded in Assignment of Mortgage Book No. 678, Page 318. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 11/01/2002 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. o The following amounts are due on the mortgage: Principal Balance Interest 10/01/2002 through 02/24/2003 (Per Diem $15.15) Attorney's Fees Cumulative Late Charges 10/25/1996 to 02/01/2003 Cost of Suit and Title Search Subtotal $62,349.57 2,227.05 1,225.00 78.48 .$ 550.00 $ 66,430.10 Escrow Credit 0.00 Deficit 174.72 Subtotal $ 174.72 TOTAL $ 66,604.82 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 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. 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 $ 66,604.82, together with interest from 02/24/2003 at the rate of $15.15 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. By: FEDEP~MAN AND PHEL.AI~, LLP,ff %, LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff a rail road s~ike on the nor=hem right--of-way line of a 10 foot wide unnamed alley: thence along the northern right-of-way line degrees 30 miautes O0 seconds East a distance of 100.16 fee= to BEING pa~tu of Lots Nos. 9, 10,11,12 and an umopened mlley, Block A on =h~ Plan o~ Lots known ms "Enola Terrace", said ~lan being retarded in the Cumbe=land County ReCorder, s Office in ~lan Book i, Page 3. ( ~rior 1955 Legal Description mention of Lou 13 is in=artec=) BEING KNOWNAS: 308 PITT STREET. VERIFICATION YOLANDA WILLIAMS hereby states that she is ASSISTANT SECRETARY of WELLS FARGO HOME MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her 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. DATE: YOL~A WILLIAMS, ASST. SECRETARY C~SS ~0:~005-00823 P COg~ ~ Cg~4 ~S Sheriff or DepUty Sheriff of who being duly swOrn according to laW,  pennsylvania' served upon Cumberland Count¥~ was the sayS the within , 200.___~3 at ~~og~S, on the ~ day of ~?!Z~--~' DEFENDANT' at 48 S REGENCY woODS by handing to CARLISLE, PA 17013 ADULT IN CHARGE ANGIE MURLATT, GIRLFRIEND together with a true and attested copy of and at the same time directing He__~r attention to the contents thereof. Sheriff's Costs: 18.00 Docketing 4.83 Service .00 Affidavit 10.00 Surcharge .00 32.83 sworn and Subscribed to before me this ~ day of So Answers: ~1 ine os/i4/loo3 FEDERMAN & PHELAN By:~ SHERIFF'S RETURN - CASE NO: 2003-00823 P cOMMONWEALTH OF pENNSYLVANIA: coUNTY OF cUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS REGULAR REIFF JOHN R JR ET AL CPL. TIMOTHY REITZ sheriff or Deputy sheriff of cumberland County,pennsylvania' who being duly sworn according to was served upon says, the within COMPLAINT - MORT FORE the REIFF SHERRY L at 1954:00 HOURS, on DEFENDANT ' at 105 GEORGE STREET ENOLA, PA 17025 SHERRY L REIFF a true and attested copy of COMPLAINT law, the 6~th day of March , 200~3 by handing to - MORT FORE together with and at the same time directing He___~r attention to the contentS thereof- sheriff's CostS: 6.00 Docketing 11.04 Service .00 Affidavit 10.00 surcharge .00 04 sworn and subscribed to before me this ~ day of So Answers: ine 03/14/2003 FEDERMAN & PHELAN By:~ FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, JOHN R. REIFF,JR., A/K/A JOHN R. REIFF SHle~RRY L. REIFF Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-823 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JOHN R. REIFF~JR, A/K/A JOHN R. REIFF and SHERRY L. REIFF, 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 2/25/03 to 4/15/03 TOTAL $66,604.82 $ 757.50 $67,362.32 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 Rule 237.1, copy attached. AN, ESQUIRE intiff INDICATED. DAMAGES ARE HEREBY ASSESSED AS p~~ DATE: ~ FEDERMAN AND PHELAN BY: FRANK FEDEKMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 56'~-7000 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY JOHN R. REIFF, R. REIFF SHERRY L. REIFF JR. A/K/A JOHN : NO. 03-823 Defendant TO: JOI{N R. REIFF, JR. A/K/A JO~IN R. REIFF 48 S REGENCY WOODS CARLISLE, PA 17013 DATE OF NOTICE: APRIL 3, 2003 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 (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUM~BERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 L~ERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 rank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 561-7000 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. JOHN R. REIFF, JR. A/K/A JOHN R. REIFF SHERRY L. REIFF Defendant COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-823 TO: SHERRY L. REIFF 105 GEORGE STREET ENOLA, PA 17025 DATE OF NOTICE: APRIL 3, 2003 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 (10) days from the date of this notice, a Judgment may_be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 rank Federman, Esquire Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00823 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS REIFF JOHN R JR ET AL DAWN BUELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon REIFF JOHN R JR AKA JOHN R REIFF the DEFENDANT at 48 S REGENCY WOODS , at 2018:00 HOURS, on the 13th day of March CARLISLE, PA 17013 ANGIE MURLATT, GIRLFRIEND by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.83 Affidavit .00 Surcharge 10.00 .00 32.83 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 03/14/2003 FEDERMAN & PHELAN Deputy Sheriff Prothonotary SHERIFF'S RETURN - REGULAR ~ASE NO: 2003-00823 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS REIFF JOHN R JR ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon REIFF SHERRY L the DEFENDANT , at 1954:00 HOURS, on the 6th day of March , 2003 at 105 GEORGE STREET ENOLA, PA 17025 by handing to SHERRY L REIFF 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 11.04 Affidavit .00 Surcharge 10.00 .00 27.04 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 03/14/2003 FEDERMAN & PHELAN DEputy Sheriff f FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PmLAI ELPmA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, JOHN R. REIFF,JR., A/K/A JOHN R. REIFF SHERRY L. REIFF Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-823 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey 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 JOHN R. REIFF,JR., A/K/A JOHN R. REIFF is over 18 years of age and resides at, 48 S. REGENCY WOODS, CARLISLE, PA 17013. (c) that defendant SHERRY L. REIFF is over 18 years of age, and resides at, 105 GEORGE STREET, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRA,N~-~ DERMAN, ESQUIRE / Attomey~r Plaintiff to an iron Pin, being ~EING parts of , as "Enola ~- Lot. ~ errace., I, Page 3. (Prior ~oUt~t DUe .rest crrora ~,1~.6/03 to 9/3103 volt, ost~) ~o. 03-$~,3 PIE DESCRiPT! ~gineer ,~. _ C , uatea Ocl ?tract havin,, .~ nry block g~ai:' ) ~act confining [ 14, ~cel~ 14'0834.071 TI~ ~a reco ~ r and rded I0/25/19: $65,9?-3.19 Iqote'. please attach desc6Pti°r~ o[ ptopett¥'Iq°' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-823 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTSRATION SYSTEMS, INC., Plaintiff (s) From JOHN R. REIFF, JR., A/K/A JOHN R. REIFF, 48 S. REGENCY WOODS, CARLISLE, PA, 17013 AND SHERRY L. REIFF, 105 GEORGE STREET, ENOLA, PA 17025 (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 $67,362.32 L.L. $.50 Interest FROM 4/16/03 TO 9/3/03 (PER DIEM - $11.07) - $1,560.87 AND COSTS Atty's Comm % Due Prothy $1.00 Arty Paid $141.87 Other Costs PlaintiffPaid Date: APRIL 24, 2003 (Seal) CURTIS R. LONG REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Prothonotary FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PmLADELPmA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, JOHN R. REIFF,JR., A/K/A JOHN R. RElieF SHERRY L. REIFF Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-823 CERTIFICATION FRANK FEDERMAN, 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: 0 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. 7tttorney tbr Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. JOHN R. REIFF,JR., A/K/A JOHN R. REIFF SHERRY L. REIFF Defendant(s). No. 03-823 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 4/16/03 to 9/3/03 (per diem -$11.07) TOTAL $67,362.32 $ 1,560.87 and Costs $68,923.19 ~RANK'FEI~ERMAN, ES QUIRE One Penn Cehter at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach descriPtion of property. No. ALL THAT CERTAIN tract of land in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin on the Southern right-of-way line of Pitt Street (50 feet wide) said iron pin being 62.7 feet West of the Western line of Brick Church Road (formerly known as State Street) thence commencing from said point of beginning South 02 degrees 42 minutes 00 seconds East a distance of 152.05 feet to a rail road spike on the Northern right-of-way line of a 10 foot wide unnamed alley; thence along the Northern right-of-way line of said alley South 79 degrees 42 minutes 00 seconds West a distance of 8.9.20 feet to an iron pin; thence North 06 degrees 49 minutes 04 seconds West a distance of 150.64 feet to an iron pin on the Southern right-of-way line of Pitt Street; thence along the Southern right-of-way line of Pitt Street North 79 degrees 30 minutes 00 seconds East a distance of 100.16 feet to an iron pin, being the place of beginning. BEING parts of Lots Nos. 9, 10, 11, 12 and an unopened alley, Block A on the Plan of Lots known as "Enola Terrace", said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 3. (Prior 1955 Legal Description mention of Lot 13 is incorrect) THE DESCRIPTION being in accordance with the survey of John Walker, Registered Professional Engineer, dated October 15, 1996. SAID tract having thereon erected a one and one-half (1 1/2) story frame dwelling and one (1) story masonry block garage known as No. 308 Pitt Streets, Enola, PA. SAID tract containing 14,250.28 square feet or 0.327 acres. Tax Parcel# 14-0834-071 BEING KNOWN AS 308 PITT STREET, ENOLA, PA 17025. TITLE TO SAID PREMISES IS VESTED IN John R. Reiff and Sherry L. Reiff, his wife by Deed from Frederick B. Wadlinger and Lori Wadlinger, his wife, and Michael I. Wadlinger dated 10/25/1996 and recorded 10/25/1996 in Record Book 147, Page 1122. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-823 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTSRATION SYSTEMS, INC., Plaintiff (s) From JOHN R. REIFF, JR., A/FdA JOHN R. REIFF, 48 S. REGENCY WOODS, CARLISLE, PA, 17013 AND SHERRY L. REIFF, 105 GEORGE STREET, ENOLA, PA 17025 (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 $67,362.32 L.L. $.50 Interest FROM 4/16/03 TO 9/3/03 (PER DIEM - $11.07) - $1,560.87 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $141.87 Other Costs Plaintiff Paid Date: APRIL 24, 2003 (Seal) CURTIS R. LONG Prothonotary REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHII.ADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, JOHN R. REIFF,JR., A/K/A JOHN R. RElieF SHERRY L. REIFF Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-823 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, 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 JOHN R. REIFF, JR., A/K/A JOHN R. REIFF is over 18 years of age and resides at, 48 S. REGENCY WOODS, CARLISLE, PA 17013. (c) that defendant SHERRY L. REIFF is over 18 years of age, and resides at, 105 GEORGE STREET, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. / FRAN~ i~EDERMAN, ESQUIRE ' Attorney fbr Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (21S) sa3-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, JOHN R. REIFF,JR., A/K/A JOHN R. REIFF SHERRY L. REIFF Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-823 CERTIFICATION FRANK FEDERMAN, 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: 0 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 unswom falsification to authorities. ' 70^ gatx_ ~RTANK FI~DERMAI~,-ESQUIRE 'Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. JOHN R. REIFF~IR., AfK/A JOHN R. REIFF SHERRY L. REIFF Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-823 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS~ INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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 ~308 PITT STREET~ ENOLA~ PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN R. REIFF,JR., A/K/A JOHN R. REIFF 48 S. REGENCY WOODS CARLISLE, PA 17013 SHERRY L. REIFF 105 GEORGE STREET 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: Nallle NEW HOLLAND CREDIT COMPANY CASE CREDIT CORPORATION Last Known Address (if address cannot be reasonably ascertained, please indicate) 200 COMMERCE STREET MOUNTVILLE, PA 17554 P.O. BOX 292 RACINE~ WI 53401-0292 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) None 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 308 PITT STREET ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree 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 unswom falsification to authorities. DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ELEc~RO~IIC REGiStRATION -. NioRTGAGI~ $~$~N15, INC. plaintiff, Defendant(s)' TO: ~OItN I~ REIFF,~I~, MK/A $OItNg. REIFF cuMBERLA~ND COCN'[~/ No. 03-$23 gpri115,2003 L. REIFF sHERRY sTREET 105 GEORGE ENOLA, PA 17025 48 S,REGENC¥ woODS CARLISLe, PA 17013 T AND ANY iNFORMATION .... · ~ ~0 cOLLECT A ~{~r ED A DisCHARGE IN EBT cOLLEC ~ "" OU HA VE ~-- NOT BE coNSTRUED TO BJ · *THIS FI~ I~ D HAT pURPOSE. IF ~ NOT AND sHOULD OBTAINED W~LL BE useD FOR ~ NOT mAFF~ED, T~S ~S BAN~UPTCY AND THIS DEBT WAS AN A~EMPT TO cOLLECT A DEBT, BUT oNLY ENFORCEMENT OF A LIEN AGAINST pRoPERTY. ** ~5 is scheduXed ~o be s~d at _. _ real estate) ~~ ~ _. the To prevent ~s Sheriffs Sale, you must t~e ~ .te charges, sale wiB be c~ceBed if you pay to the moCgagee the back pa~y, you may 1. ~e attOrney's fees due. To find out how much you costs ~d reportable .rike or open the you may be able to stop ~e sale by filing a petition ~ng the C~ Co~ to 2. jud~ent, if the jud~ent w~ improperly entered, you may als pos~one ~e 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 OTHEI~ RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (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 Sheriffthe 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin on the Southern right-of-way line of Pitt Street (50 feet wide) said iron pin being 62.7 feet West of the Western line of Brick Church Road (formerly known as State Street) thence commencing from said point of beginning South 02 degrees 42 minutes 00 seconds East a distance of 152.05 feet to a rail road spike on the Northern right-of-way line of a i0 foot wide unnamed alley; thence along the Northern right-of-way line of said alIey South 79 degrees 42 minutes 00 seconds West a distance of 8.9.20 feet to an iron pin; thence North 06 degrees 49 minutes 04 seconds West a distance of 150.64 feet to an iron pin on the Southern right-of-way line of Pitt Street; thence along the Southern right-of-way line of Pitt Street North 79 degrees 30 minutes 00 seconds East a distance of 100.16 feet to an iron pin, being the place of beginning. BE,!NG parts of L,,ots Nos. 9, 10, I 1, 12 and an unopened allev, BI as Enola Terrace', said Plan bein,~ re ,-,-,~,~,~ ;- ,,- -- .. ock._A on the Plan of Lots known 1, Pa-e 3 'Prio ..... - ~ c,,,,.,,.,~ ,= uae Cumberland County liecorder's Offi ~ . t r t9~3 Le~,al · · . ce in Plan Book = L~escnpnon mennon of Lot 13 is incorrect) THE DESCRIPTION being in accordance with the survey of Jotm Walker, Registered Professional Engineer, dated October 15, 1996. SAID tract having thereon erected a one and one-half (1 1/2) story frame dwelling and one (1) story masonry block garage known as No. 308 Pitt Streets, Enola, PA. SAID tract containing 14,250.28 square feet or 0.327 acres. Tax Parcel// 14-0834-071 BEING KNOWN AS 308 PITT STREET, ENOLA, PA 17025. _TITLE TO SAID PREMISES IS VESTED IN John ~ R. Reiff and Sherry L. Reiff, his wife by _-, . · g~r a. no LOr! Wadhnger, his wife, and Michael I. Wadlinger dared 10/*.~/1996 and recorded 10/29/1996 m Recor~ Book 147, Page 1122. Deed :C-) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. JOHN R. REIFF,JR., A/KJA JOHN R. REIFF SHERRY L. REIFF CIVIL ACTION CIVIL DIVISION NO. 03-823 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS~ INC. hereby verify that on _April 22~ 2003 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A' attached hereto. DATE: August 11, 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff o2 ~A $ 00.900 0004300377 APR22 2003 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Mtg Corp is the grantee the same having been sold to said grantee on the 3rd day of_Sept A.D., 2003, under and by virtue of a writ Execution issued on the 24th day of April, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 823, at the suit of Mortgage Electronic reg Systems Inc against John R Reiff Jr aka John R & Sherry L is duly recorded in Sheriff's Deed Book No. 259, Page 3343. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this J~L day of ('~h~).,qx. , A.D. 2003 ~'/~'~ ~'~der of Deeds Mortgage Electric Registration Systems, Inc. VS John R. Reiff, Jr. a/k/a John R. Reiff and Sherry L. Reiff In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-823 Civil Term Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on May 22, 2003 at 7:44 o'clock PM, she 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: John R. Reiff, Jr. a/k/a John R. Reiff, by making known unto John R. Reiff, Jr., personally, at 48 South Regency Woods, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on May i[2, 2003 at 7:12 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Sherry L. Reiff, by making known unto Sherry L. Reiff, personally, at 105 George Street, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2003 at 8:09 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John R. Reiff, Jr. a/k/a John R. Reiffand Sherry L. Reiff located at 308 Pitt Street, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: John R. Reiff, Jr. a/k/a John R. Reiff, by regular mail to his last known address of 48 South Regency Woods, Carlisle, PA 17013. This letter was mailed under the date of July 3, 2003 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 one of the within named defendants, to wit: Sherry L. Reiff, by regular mail to her last known address of 105 George Street, Enola, PA 17025. This letter was mailed under the date of July 3, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 3, 2003 at 10:00 o'clock A.M. He sold the same for the stun of $1.00 to Attorney Frank Federman for Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation of Foreclosure Unit, Mail Stop 61, P.O. Box 5000, Vienna, VA 22183-5000, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $880.35. Sheriffs Costs: Docketing $30.00 Poundage 17.26 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 24.84 Levy 15.00 Surcharge 30.00 Law Journal 335.15 Patriot News 263.20 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 880.35 Sworn and subscribed to before me 7~~~ This ~ day of C~ f-~-~'~' R. Thomas Kline, Sheriff 2003, ^.~. ~o~ot~,~ ~,~:~ ~ Real Estate oDeputy MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, JOHN R. REIFF,JR., A/K/A JOHN R. REIFF SI-fERRY L. REIFF Defendant(s). CUMBERLAND COUNTY COURT OF COIVIMON PLEAS CIVIL DIVISION NO. 03-823 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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 ,308 PITT STREET, ENOLA, PA 17025. I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN 1L REIFF,JIL, AfK/A JOHN IL REIFF SHERRY L. REIFF 48 S. REGENCY WOODS CARLISLE, PA 17013 105 GEORGE STREET ENOLA, PA 17025 2. Name and address of Defendant(s) in thejudgraent: Same as above 3. Name and last known address of everyjudgrnent creditor whose judgment is a record lien on the real property to be sold: Nanle NEW HOLLAND CREDIT COMPANY CASE CREDIT CORPORATION Last Known Address (if address cannot be reasonably ascertained, please indicate) 200 COMMERCE STREET MOUNTVILLE, PA 17554 P.O. BOX 292 RACINE, WI 53401-0292 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. Nallle 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: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 308 PITT STREET ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements nmde 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 unswom falsification to authorities. Aoril 15. 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, JOHN R. REIFF,JR., A/K/A JOHN R. REIFF SHERRY L. REIFF Defendant(s). TO: JOHN R. REIFF,JR., A/K/A JOHN R. REIFF 48 S, REGENCY WOODS CARLISLE, PA 17013 CUMBERLAND COUNTY No. 03-823 April 15, 2003 SHERRY L. REIFF 105 GEORGE STREET ENOLA, PA 17025 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA 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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEB T, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 308 PITT STREET, ENOLA, PA 17025, is scheduled to be sold at the Sheriff's Sale on 9/3/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgmen[ of $67,362.32 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (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 SHER_[FF'S SALE To prevent this Sheriff's 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. 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 Shefiffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict yotl. 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 Shefiffwithin 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land in East Permsboro Township. Cumberland County, Pennsylvania, more particularly' bounded and described as follows, to wit: BEGINNING at an iron pin on the Southern right-of-way line of Pitt Street (50 feet wide) said iron pin being 62.7 feet West of the Western line of Brick Church Road (formerly known as State Street) thence commencing from said point of beginning South 02 degrees 42 minutes 00 seconds East a distance of 152.05 feet to a rail road spike, on the Northern right-of-way line of a 10 foot wide unnamed alley; thence along the Northern right-of-way line of said alley South 79 degrees 42 minutes 00 seconds West a distance of 8.9.20 feet to an iron pin; thence North 06 degrees 49 minutes 04 seconds West a distance of 150.64 feet to an iron pin on the Southern right-of-way line of Pitt Street; thence along the Southern right-of-way line of Pitt Street North 79 degrees 30 minutes 00 seconds East a distance of i00.16 feet to an iron pin, being the place of beginning. BEING parts of Lots Nos. 9, 10, II, 12 and an unopened alley, Block A on the Plan of Lots known as "Enola Terrace", said Plan being recorded La the Cumberland County Recorder's Office in Plan Book 1, Page 3. (Prior 195.5 Legal Description mention of Lot 13 is incorrect) THE DESCRIPTION being in accordance with the survey of lohn Walker, Registered Professional Engineer, dated October 15, 1996. SAID tract having thereon erected a one and one-half (1 1/2) story frame dwelling and one (1) story masonry block garage known as No. 308 Pitt Streets, Enola, PA. SAID tract containing 14,250.28 square feet or 0.327 acres. Tax Parcel# 14-0834-071 BEING KNOWN AS 308 PITT STREET, ENOLA, PA 17025. TITLE TO SAID PREMISES IS VESTED IN lohn R. Reiff and Sherry L. Reiff, his wife b)- Deed from Frederick B. WadlLager and Lori Wadlinger, his wife, and Michael L Wadlinger dated 10/25/1996 and recorded 10/2.5/I. 996 in Record Book 147, Page 1122. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-823 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTSRATION SYSTEMS, INC., Plaintiff (s) From JOHN R. HEIFF, JR., A/K/A JOHN R. REIFF, 48 S. REGENCY WOODS, CARLISLE, PA, 17013 AND SHERRY L. REIFF, 105 GEORGE STREET, ENOLA, PA 17025 (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 fi.om 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 fotmd in the possession of anyone other than a named garmshee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $67,362.32 L.L. $.50 Interest FROM 4/16/03 TO 9/3/03 (PER DIEM - $11.07) - $1,560.87 AND COSTS Atty's Comm % ARy Paid $141.87 Plaintiff Paid Date: APRIL 24, 2003 (Seal) Due Prothy $1.00 Other Costs CURTIS R. LONG Prothono~ REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Deputy Real Estate Sale # 18 On May 7, 2003 the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA known and numbered as 308 Pitt Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 7, 2003 By: ~OC~ ~n Real Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and T.he Sunday Patriot-News newspapers of general cimulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of July and the 5th day(s) of August 2003. That ne,ther 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 Rook "M", Volume 14, Page 317. PUBLICATION SALE#18 My ~F-~D~aupt~'°,~'~ I NOTARY PUBLIC Mambo, Pe~nsy~anlaAssocleamO~y' ' commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 261.45 $ 1.75 $ 263.20 Receipt for Advertising Cost Nat~r~-way~ , Ublisher of The Patriot-News and The Sunday Patriot-News, newspapers of general cir ~ 42 =ia~t~ 0e m=o~d~ ~ ~ . · . c ~n~.*~. ,~, ,~---Natl~0~,~,~,, ~ce~pt of the aforesaid nohce and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (UnderAct 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: JULY 18, 25, 2003 AUGUST 1, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. arie Coyne, Editor~ REAL E~TATE 8ALE NO. 18 Writ No. 2003-823 Civil Mortgage Electronic Registration Systems, Inc. John R. Relff, Jr., a/k/a John R. Reiff and Sherry L. Reiff Atty.: Frank Federman ALL THAT CERTAIN tract of land in East Pennsboro Township, Cum- berland County. Pennsylvania. more particularly bounded and described as follows, to wit: BEGINNING at an iron pin on the Southern right oDway line of Pitt Street (50 feet wide) said iron pin SWORN TO AND SUBSCRIBED before me this 1 dayof AUGUST, 2003