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MAR 1 9 200ftfl
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
HOMESIDE LENDING, ITS
SUCCESSORS AND/OR ASSIGNS,
Petitioner
: No, 2000-07126 Civil Term
vs,
CATHERINE H, RUDY,
Respondent
ORDER
AND NOW, this 20'" day of
A?~
,2001, upon consideration of
the Petition to Set Aside Sheriff s Sale and responses thereto, the Court hereby modifies
its Order of March 15,2001 and grants the following:
a) Deitchman and Miller, as well as their agents or representatives, shall have
prompt and immediate access to the property for an inspection (Sheriff may
accompany upon request);
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b) the Sheriff s office is directed to release all fund~paid by Miller and
Deitchman pending final disposition of this petition;
c) fair m ket value r
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d) all interested parties are hereby restrained from adversely affecting Miller and
Deitchman's equitable interest in the property, as well as acting or failing to
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act in such a manner that their equitable interests will be adversely affected;
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e) this matter shall be fast-tracked and a hearing is hereby set on this matje} for
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shall be prepared to present their testimony in this matter at that time,
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
HOMESIDE LENDING, ITS
SUCCESSORS AND/OR ASSIGNS,
Petitioner
: No, 2000-07126 Civil Term
vs,
CATHERINE H, RUDY,
Respondent
ANSWER TO PETITION TO SET ASIDE SHERIFF'S SALE
ON BEHALF OF THE PURCHASERS. DEITCHMAN AND MILLER
Parties-in-interest, Anthony Miller and Daniel Deitchman, representing themselves pro se,
hereby respond to the Petition to Set Aside Sheriffs Sale in the following manner and show
cause below why the sale should not be set aside:
1, Admitted upon information and belief,
2, Admitted upon information and belief,
3-6, Denied. Proof demanded,
7, Denied, Proof demanded as to the date, disposition and authenticity of the check.,
8, Denied, Proof demanded,
9, Denied, Proof demanded as to the time of receipt.
10, Denied, Proof demanded, Whether the issuance and time and manner of tender of the
check complied with statutory requirements is a conclusion of law to which no answer is
required, Inasmuch as a further answer may be required, the check allegedly delivered
(Exhibit "A" of Petition) does not comply with part (b)(l) of 41 P,S, Sec. 404 requiring
that payment be made in the form of cash, cashier's check or a certified check.,
1 L Admitted in part and denied in part, Admitted that a purported representative of the
Mortgagor stated upon questioning by the sheriff conducting the sale that there was no
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activity on the property prior to the commencement of the bidding. Respondants do not
have sufficient information to form a response concerning Lieberman's knowledge at the
time of sale,
12, Admitted in part and denied in part, It is admitted that Deitchman and Miller were high
bidders for the subject property at the price averred, In addition, costs and taxes were
attributed to the sale in addition to the bid amount.
13, Admitted in part and denied in part. It is admitted that the county tax assessment value
for the subject property exceeds the bid purchase amount; the remainder of the paragraph
contains a subjective assessment to which no response is necessary,
14, Denied that there were any irregularities to the sale, Proof demanded,
15, Denied, It is specifically denied that the funds were received in Homeside Lending's
coun$el's office at 9:15 a,m. as stated, It is admitted that Homeside Lending, through
their counsel, did not direct the Cumberland County sheriffto stay the sale, The
remainder of any factual statements in this paragraph are denied. In addition, the
averments in this paragraph are not verified by Federman and should, thus be stricken,
16, Denied that Petitioner had cured the default in accordance with 41 P,S, Sec, 404(b),
Proof demanded,
CAUSE SHOWN
1. As of the commencement of the March 7, 2001, 10:00 a,m, Sheriffs sale, the County
Recorder of Deeds office had no records pertaining to a re-finance on the subject
property,
2, According to the pronouncement ofthe Sheriff, at the March 7, 2001, 10:00 a,m,
Sheriff s sale, the Sheriff received no notice to stay the sale nor notification that Rudy
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intended to cure the default pertaining to the subject property, Numerous other sales set
for the same day had been stayed,
3. As of March 12,2001, five days after the Sheriff's sale, there was still no recordation of
any mortgage liens or interests other than the mortgage which was subject to the writ of
execution herein pursuant to a title search performed on behalf of Miller and Deitchman,
An Affidavit concerning the status of title to said property is attached hereto as Exhibit 1.
4, Miller and Deitchman had no notice of any intent of Rudy to cure the default, and
materially relied upon the Recorder of Deeds' records previously examined by
themselves, along with the public statement of the mortgagor's representative at the sale
to the effect that there was no action involving the property, prior to bidding on it.
5, In accordance with the Sheriff s rules, Miller and Deitchman tendered the required
payment directly after the knock-down of the property,
6, On the afternoon after the sale, March 8, 2001, Miller received a message on his
answering machine from the office of counsel for Homeside Lending indicating that there
was a problem with the sale,
7, In accordance with the Sheriffs requirements, Miller and Deitchman delivered the entire
bid amount plus costs to the Sheriff on the due date, March 9, 200 I, to protect their
interests in said property and to avoid forfeiture of the deposit made on March 7, 200 I,
(A true and correct copy of the receipt indicating the full amount paid is attached hereto
as Exhibit 2).
8, Miller and Deitchman will suffer undue prejudice by the stay of Sheriffs sale remedies
entered by the Court on March IS, 2001, because, absent a further Order of the Court,
their funds totaling Fifty One Thousand Eight Hundred Forty Two Dollars ($51,842,00),
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will be retained in the Sheriff s account and they will have neither use of those funds nor
title to said property for an indeterminate amount of time,
9, Upon information and belief, Rudy is still in possession of the property,
10, Miller and Deitchman have been hindered in their attempts to secure insurance for their
equitable interest in the property in that neither they nor their insurer have been granted
permission to enter and inspect said premises by either counsel for Homeside Lending, or
Petitioner's counsel, Russo,
11, Miller and Deitchman will suffer further losses in their inability to occupy, sell, or lease
said premises in light of the March 15,2001 ruling, When bidding on the property, they
were informed by the Sheriff that they would receive title within thirty to sixty (30 - 60)
days of the sale, The ruling deprives them of their expected possession of the property,
which was a material factor in their bid,
12, Miller and Deitchman also face payment of property taxes, utilities and other unknown
expenses, as well as the risk of deterioration or destruction of the property while Rudy
continues to occupy the property,
13. Miller and Deitchman believe, that based upon comparable properties advertised in the
Sunday Patriot News, that a fair market rent for the property is in range of $900,00 -
$1,000.00 per month, A true and correct copy of recent advertisements for similar
properties in comparable geographic locations is attached hereto as Exhibit 3.
14, Miller and Deitchman allege that the Petition and request for Temporary Restraining
Order should be stricken since the facts alleged therein were not verified by petitioner,
Rudy, in accordance with Pa, R,C,P, Rule 1024,
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15, Based on the bid price, Rudy is due the excess proceeds and stands to gain a substantial
amount of cash from the Sheriff s sale, There is no sworn explanation pursuant to Pa,
R.C.P, Rule 1024 in the Petition why the sale will cause Rudy irreparable harm,
especially in light of this fact.
16, Moreover, Miller and Deitchman are concerned whether other liens (federal taxes,
mortgage, utilities, etc,) will attach to this property during the stay of the .sale in light of
the previous foreclosure; the apparent refinance; and Rudy's retention of record title,
17, Miller and Deitchman object to the apparent dual representation by Peter Russo of both
Rudy and Chelsea Settlement Services and/or the lender of the alleged re-fmance because
of the inherent conflict of interest under the circumstances,
18, Petitioner has not plead any irregularities in the actual sale held on March 7th, 2001. Any
irregularities or "missed communications" which may have occurred between the
plaintiff and the defendant, and/or Chelsea, the refinance company, and the attorney
involved are irrelevant to this petition, and cannot form the basis to set-aside the sale to
Miller and Deitchman,
19, If Petitioner proves that the refinance took place as averred in the Petition and the funds
came out of recession on March 6, 2001, as stated in Petitioner's Paragraph 6, Petitioner,
Rudy, or Chelsea, or Homeside Lending, had adequate time to notify the Sheriff and
request a stay of the sale, but failed to do so,
20, The burden of proving cure in accordance with 41 P,S, ~ 404 is on the Petitioner. Where
the facts as pled by the Petitioner do not meet the requirements of that statute, the clear
language of the statute shall prevail. The Statutory Construction Act mandates that
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"[w]hen the words ofa statute are clear and free from all ambiguity, the letter of it is not
to be disregarded under the pretext of pursuing its spirit", I Pa,C,S, gI921(b),
21, Miller and Deitchman call the Court's attention to the closely analogous case of First
Federal Sav, & Loan Ass'n, of Lancaster v, Swift, 457 Pa, 206, 321 A,2d 895 (1974),
attached hereto as Exhibit 4, ("[C]ourts of equity will not relieve a party from the
consequences of an error due to his own ignorance or carelessness when there were
available means which would have enabled him to avoid the mistake if reasonable care
had been exercised" (citations omitted)),
WHEREFORE, because it is clear that neither the Sheriff nor Miller and Deitchman were
responsible for any of the irregularities described and Petitioner had ample time to cure any
default if they so intended where the above-captioned foreclosure proceedings commenced a
long time prior to March 7th, Miller and Deitchman respectfully request the following relief:
a) reversal of the stay and instruction to the Sheriffto allow the sale to Miller and
Deitchman to continue so that all liens are satisfied and the defendant receive the
excess proceeds;
b) in the alternative, Miller and Deitchman respectfully request:
i) access to the property for an inspection;
ii) a refund of all or ninety percent (90%) of all funds paid to the Sheriff
pending final disposition of this petition;
iii) fair market value rent associated with Rudy's possession to be placed in an
interest-bearing escrow account pending final disposition of the petition;
iv) an order protecting Miller and Deitchman's equitable interest in the
property;
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v) that a hearing be promptly scheduled; and
vi) reimbursement of costs associated with this petition and/or any other
equitable relief the Court deems appropriate,
Respectfully submitted,
By:a~ A ~~
Ant ony MIller, pro se
103 Locust Street
East Berlin, P A 17316
(717-691-8482)
By:
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Daniel Deitchman, pro se
373 Claremont Drive
Carlisle, PA 17013
(717-258-3012)
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VERIFICATION
We, the undersigned, hereby attest to the facts alleged in the foregoing Answer to Petition
are true and correct to the best of my knowledge, information and belief. We acknowledge that
any false statements herein are made subject to the penalties of 18 Pa, C,S,A, Sec, 4904 relating
to unsworn falsification to authorities,
D&J-
Daniel Deitchman
373 Claremont Drive
Carlisle,PA 17013
(717-258-3012)
Date: 3//<.0 /O~
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Anthony Miller
103 Locust Street
East Berlin, P A 17316
(717 -691-8482)
Date: J /;~!o,
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RECEIPT FOR PAYMENT
-------------------
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Cumberland County Pennsylvania
Hanover and High Street
Carlisle, PA 17013
Receipt Date
Receipt Time
Receipt No,
03/07/2001
11:01:07
266585
MORTGAGE ELECTRONIC REGISTRAT (VS) RUDY CATHERINE H
Case Number 2000-07126 R
Service Info
Remarks PAID BY TONY MILLER
Total Check.,. +
Total Cash.... +
Cash Out".." -
2,400,00
.00
.00
Check No. 1323
Receipt total. = 2,400.00
------------------------ Distribution Of Payment ----------------------------
Transaction Description Payment Amount
ADVANCE PAYMENT
2,400.00
FEDERMAN & PHELAN
2,400.00
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RECEIPT FOR PAYMENT
-------------------
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Cumberland County Pennsylvania
Hanover and High Street
Carlisle, PA 17013
Rece~pt
Recelpt
Receipt
Date 03/07/2001
Time 11:00:14
No, 266584
MORTGAGE ELECTRONIC REGISTRAT (VS) RUDY CATHERINE H
Case Number
Service Info
Remarks
2000-07126 R
PAID BY DANIEL DEITCHMAN
Total Check... +
Total Cash,... +
Cash Out. .".. -
2,400,00
,00
,00
Check No, 6445
Receipt total. = 2,400,00
------------------------ Distribution Of Payment ----------------------------
Transaction Description Payment Amount
ADVANCE PAYMENT
2,400,00
FEDERMAN & PHELAN
2,400,00
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RECEIPT FOR PAYMENT
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Cumberland County Pennsylvania
Hanover and High Street
Carlisle, PA 170].3'
Receipt Date 03/12/2001
Receipt Time 09:25:31
Receipt No. 266679
MORTGAGE ELECTRONIC REGISTRAT (VS) RUDY CATHERINE H
Case Number 2000-07126 R
Service Info
Remarks PAID BY TONY MILLER
Total Check... +
Total Cash.... +
'Cash Out...... _
Receipt total_ ~
23,521. 00
, .00
.00
23,521. 00
Check No. 1327
-------------------_u__ Distribution Of Payment __________..:_________________
Transaction Description Payment Amount
ADVANCE PAYMENT 23,521.00 FEDERMAN & PHELAN
23,521.00
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Cumberland County Pennsylvania
Hanover and High Street
,Carlisle, PA 17013,
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Receipt
Receipt
Receipt
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Date 03/12/2001
Time 09:24:19
No. 266577
MORTGAGE ELECTRONIC REGISTRAT (VB) RUDY CATHERINE H
Case Number 2000~07126 R
Service Info
" Remarks ' l?AID BY DANIEL DEITCHMAN '
Total Check... +
'I'otalCash. ... +
Cash Out.._.;. _
Receipt total. ;
23,521. 00
-00
.00
,23,521.00
Check No, 3447
Transaction Description
ADVANCE PAYMENT
------- - - -------- ------- Distribution Of Payinent- ____ _ __~_ _______ ____ _~ _____
Payment Amount
23,521. 00
'23,521.00
FEDERMAN & PHELAN
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12:16 FROM:GLENDA
761383121
TO: 2583124
PAGE: 1211
Tri.County Abstract Service
3414 Chestnut, Street, Camp Hill, Pennsylvania 17011
Telephone (717) 761-8870 . Fal( (717) 761.3830
GUi:NDA M. WETHINGTON
March 15,2001
TO; ANTHONY MILLER & DANIEL DElTCHMAN
FROM; GLENDA M, WETHINGTON
VIA FAX TO: 6918482
IN RE: LIEN SEARCH - CATHERlNE H,RUDY, 914 WERTZVILLE RD., ENOLA, PA
Tax. parcel No. 09140836138
THE RESULTS OF THIS LIEN SEARCH ON MARCH 7m and 8''', of2001 show only the
mortgage dated and recorded on April 24, 1996, in Mortgage Book 1316, at page 30 in t.he
amount of $30,000.00 ; Assigned to MERS on July 20,1999, in Misc. Book 619 at page 748.
In the Prothonotary's Office there was of course, the suit for the Mortgage Foreclosure Action
filed to No. 7126 of2000.
We checked this again on Monday A.M. and still found nothing else,
J hereby attest that the foregoing facts aTe true and correct to the best of my knowledge,
infonnation and belief. r acknowledge that any false statements herein are made subj.eclto the
penalties of 1 g P A, C.S,A, Sec. 4904 relating to unsworn falsification to authorities.
STGNED: 12h -t' aLr .. ~ ~*-..
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Dated March 15,2001
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~21 A.2c:r 895.
(Cite as: 457 Pa. 206, 321 A.2d 895)
Page 1
Supreme Court of Pennsylvania.
FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF LANCASTER
v.
Tom SWIFT, Appellant.
July 1, 1974.
The Court of Common Pleas, civil Division, Lancaster County, No. 15 Equity
Docket, William G. Johnstone, Jr., J., granted mortgagee's request to set aside
judicial tax sale of mortgaged land, and purchaser at tax sale appealed. The
Supreme Court, No. 289, January Term, 1973, Roberts, J., held that the tax
sale, held at court's direction in conformity with statutory requirements and
with proper notice having been given, could not be set aside in equity by
mortgagee on ground of unilateral mistake of fact as to date of sale resulting
from its own inattentiveness and failure to utilize its statutory protections.
Reversed.
Jones, C.J., did not participate.
Nix, J., concurred in the result.
Eagen, J., filed concurring opinion.
Pomeroy, J., filed dissenting opinion in which O'Brien, J., joined.
West Headnotes
111 Evidence ~84
157k84
It is presumed that the price received at a duly advertised public sale is the
highest and best obtainable. (Per Roberts, J., with one Judge concurring and
two Judges concurring in the result.)--
III Taxation ~665
371k665
No finding of unjust enrichment from a tax sale was warranted where a
statutorily satisfactory price was obtained at public sale. (Per Roberts, J.,
with one Judge concurring and two Judges concurring in the result.)--
[3] Equity ~62
Copr. @ West 2001 No Claim to Orig. U.S. Gov!. Works
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321 A.2d 895.
(Cite as: 457 Pa. 206, 321 A.2d 895)
Page 2
150k62
When the rights of a party are clearly established by defined principles of
law, equity should not change or unsettle those rights; (Per Roberts, J., with
one Judge concurring and two Judges concurring in the result.)--
l!l Equity ~62
150k62
Whenever there
circumstances,
(Per Roberts,
result.) uId.
is a direct rule of law
equity court is as much bound
J., wi th one Judge concurring
governing the case in all its
by it as would be a court of law.
and two Judges concurring in the
ln Equity ~62
150k62
Where the parties' rights are regulated and
legislation, the maxim "equity follows the
deference. (Per Roberts, J., with one
concurring in the result.)--Id.
fixed
law"
Judge
by a comprehensive scheme of
is entitled to the greatest
concurring and two Judges
1iL Taxation ~689(2)
371k689 (2)
Proceedings.
Tax sale, held at court's direction and in conformity with the statutory
requirements with proper notice and actual notice to mortgagee having been
given, could not be set aside in equity by mortgagee, which relied upon
unverified information supplied by one who was neither agent nor employee of
mortgagee, on grounds of unilateral mistake of fact as to date of sale because
of its own inattentiveness and failure to utilize its statutory protections.
(Per Roberts, J., with one Judge concurring and two Judges concurring in the
result.) 72 P.S. ~ ~ 5860.101-5860.803, 5860.501(a, c), 5860.602, 5860.603,
5860.605, 5860.607(d), 5860.609, 5860.611, 5860.612.
[7] Equity ~6
150k6
Courts of equity will not relieve a party from the consequences of an error due
to his own ignorance or carelessness when there were available means which
would have enabled him to avoid the mistake if reasonable care had been
exercised. (Per Roberts, J., with one Judge concurring and two Judges
concurring in the result.)--
**896 *208 Harold E. Martin, Lancaster, for appella~t.
William E. Chillas, May, Grove, Stork & Blakinger, L. J. Farina, Lancaster,
Copr. @ West 2001 No Claim to Orig. U.S. Gov!. Works
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321 A.2d 895.
(Cite as: 457 Pa. 206, 321 A.2d 895)
Page 3
for appellee.
*207 Before EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.
*208 OPINION OF THE COURT
ROBERTS, Justice.
The First Federal Savings and Loan Association of Lancaster was the holder of
a mortgage on a parcel of realty in the city of Lancaster. Taxes became
delinquent, and, pursuant to the Real Estate Tax Sale Law, [FNl] the property
was sold at a properly advertised and conducted public judicial sale on October
23, 1971. First Federal did not send a representative to the sale. Appellant,
Tom Swift, was the successful bidder at the duly-authorized sale and purchased
the premises, as statutorily directed, 'free and clear of all tax and municipal
claims, mortgages, liens, charges and estates of whatsoever kind, except ground
rents, separately taxed.' [FN2]
FN1. Act of July 7, 1947, P.L. 1368, as amended, 72 P.S. ss 5860.101--
5860.803 (1968 & Supp. 1973) .
FN2. Id. art. VI, s 612, as amended, 72 P.S. s 5860.612 (Supp.1973).
On January 7, 1972, First Federal instituted an equitable proceeding to set
aside the judicial tax sale. The court, after a hearing, granted the requested
relief. First Federal Savings & Loan Association v. Swift, 63 Lancaster L.Rev.
567 (Pa.C.P.1973). This appeal followed. [FN3] We reverse.
FN3. Swift, believing that appellate jurisdiction was vested in the
Commonwealth Court by the Appellate Court Jurisdiction Act of 1970, Act of
July 31,1970, P.L. 673, art. IV, s 402(4),17 P.S. s 211.402(4)
(Supp.1973), filed a timely appeal in that court. Jurisdiction is properly
in this Court pursuant to s 202(4) of the Act, 17 P.S. s 211.202(4)
(Supp.1973) , and the Commonwealth Court transferred the case. Id. art. V,
s 503(b), 17 P.S. s 211.503{b) (Supp.1973). An appeal so transferred is
treated as if timely filed in this Court. Id.
*209 First Federal sought equitable relief on the basis of an alleged mistake
of fact. Several weeks prior to the October 23 public sale, Robert F. Keener,
an employee of the Lancaster Redevelopment Authority, went to the tax claim
bureau. Evidently, there had been some discussion between the Authority and
Copr. @ West 2001 No Claim to Orig. U.S. Gov!. Works
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321 A.2d 895.
(Cite as: 457 Pa. 206, 321 A.2d 895)
Page 4
First Federal concerning the purchase of the property in question. At the tax
bureau, Keener 'asked for the list of the tax sale that was coming up,' without
specifying the list for any particular date. The clerk handed Keener the sale
list for October 30, 1971. Keener examined the list and discovered that this
particular property was not there listed for sale.
Keener then gratuitously informed First Federal that the realty would not be
sold on October 23. Keener was neither agent nor employee of either the tax
claim bureau or First Federal. Without investigating further, First Federal
relied on Keener's information and advised its attorney not to appear at the
October 23 sale. First Federal concedes it had earlier received official notice
of the sale.
[1] [2] The chancellor correctly observed that there is no basis at law for
setting aside the sale. Proper notice was given, **897 and the sale was held
at the court's direction in conformity with the statutory requirements. The
court therefore stated that ,(t) here is no reason to disturb the sale unless
equitable principles are involved which require the granting of relief to the
plaintiff.' It did, however, believe that equity empowered the court to grant
relief despite First Federal's unilateral mistake. The chancellor set aside the
sale. [FN4] In the *210 circumstances of this case, the grant of equitable
relief was error.
FN4. The chancellor also was concerned about the purchase price Swift
paid for the property. At the hearing, he stated:
'See, the Court has no benefit of any information like the value of the
property or anything else. Now, this may be worth (the purchase price).
If it's worth (the purchase price), then, this is a good sale. If this
was a steal, the Court is going to upset the sale, and make it exempt.'
In his opinion, the chancellor translated this concern into an erroneous
finding of 'unjust enrichment' and a legal conclusion that '(t)he
defendant would receive an unconscionable advantage if the sale were not
set aside.' -First Fed. Sav. & Loan Ass'n v. Swift, 63 Lancaster L.Rev.
567, 570 (Pa.C.P.1973).
The Real Estate Tax Sale Law provides, however, that at a judicial sale
the property is to be sold 'to the highest bidder,' unless, the court sets
a minimum price not bid. Act of July 7, 1947, P.L. 1368, art. VI, s 612,
as amended, 72 P.S. s 5860.612 (Supp.1973). No minimum bid was here set
by the court. It is presumed that the price received at a duly-advertised
public sale is the highest and best obtainable. Plummer v. Wilson, 322
Pa. 118, 185 A. 311 (1936); Tax Claim Bureau v. Wheatcroft, 2 Pa.Cmwlth.
408, 278 A.2d 172 (1971). A statutorily satisfactory price having been
obtained at public sale, the record furnishes no basis for the
chancellor's finding of 'unjust enrichment.'
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ill Even recognizing that a court of equity has broad powers, '(i) t is a
mistake to suppose, that a court of equity is amenable to no law, either common
or statute, and assumes the rule of an arbitrary legislator in every particular
case.' Blackstone's Commentaries on the Law 732 (B. Gavit ed. 1941). When
the rights of a party are clearly established by defined principles of law,
equity should not change or unsettle those rights. Equity follows the law.
Hedqes v. Dixon County, 150 U.S. 182, 14 S.Ct. 71, 37 L.Ed. 1044 (1893); Bauer
v. P. A. Cutri Co., 434 Pa. 305, 253 A.2d 252 (1969); Scott v. Waynesburq
Brewinq Co., 256 Pa. 158, 100 A. 591 (1917); Abrahams v. Wilson, 134 Pa.Super.
297, 3 A.2d 1016 (1939); see 2 J.Pomeroy, A Treatise on Equity Jurisprudence s
425 (5th ed. S.Symons 1941).
Here, the rights of the parties are specifically established by the Real
Estate Tax Sale Law. The statute *211 is the sole authority governing the sale
of this land for delinquent taxes. See Richards v. Schuylkill County, 20 Pa.D.
& C.2d 539 (C.P. Schuylkill County 1959), aff'd per curiam, 399 Pa. 552, 161
A.2d 26 (1960).
The statute provides several protections for a mortgagee. Notice must be
given, [FN5] and here it was. A mortgagee, as a 'lien creditor of the owner,'
may stay the sale by entering into an agreement with the tax bureau for the
payment of back taxes. [FN6] First Federal negotiated no such agreement. Prior
to sale, 'any lien creditor' may redeem the property. [FN7] First Federal did
not. Before a property may be sold at judicial sale, it must first be offered
at a 'tax upset sale,' a sale which, unlike a judicial tax sale, does not
discharge mortgages. [FN8] Here, in accordance with the statute, the upset sale
was publically advertised for three consecutive weeks in newspapers and by
posting on the property. [FN9] On the advertised date, the real estate was
offered for sale but not then purchased. The' regularity or legality of the
proceedings **898 of the (tax) bureau in respect to such (upset) sale' may be
challenged. [FNI0] No such challenge was made. The judicial sale was then
properly advertised and, by court order, the realty was offered for public sale
on October 23. First Federal does not challenge the legality or regularity of
this sale. Finally, a mortgagee may bid for and purchase premises on which it
holds a mortgage. Despite actual notice, First Federal did not appear or bid
at the judicial sale. The record reveals that First Federal failed to avail
itself *212 of any of the ample opportunities to protect its interest.
FN5. Real Estate Tax Sale Law, Act of July 7, 1947, P.L. 1368, art. VI,
ss 602, 611, as amended, 72 P.S. ss 5860.602, 5860.611 (1968).
FN6. Id. s 603, as amended, 72 P.S. s 5860.603 (1968).
FN7. Id. art. V, s 501(a), as amended, 72 P.S. s 5860.501(a) (1968).
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FN8. Id. art.
(1968) .
VI, ss 605, 609, as amended, 72 P.S. ss 5860.605, 5860.609
FN9. Id. s 602, as amended, 72 P.S. s 5860.602 (1968).
FN10. Id. s 607(d), as amended, 72 P.S. s 5860.607(d) (1968).
On the other hand, after a judicial tax sale the purchaser is statutorily
protected. A judicial sale discharges all mortgages and the purchaser takes
title 'free and clear of all tax and municipal claims, mortgages, liens,
charges and estates of whatsoever kind, except ground rents, separately taxed.'
[FN11] Moreover, the Real Estate Tax Sale Law specifically provides that '(t)
here shall be No redemption of any property after the sale thereof.' [FN12]
FN11. Id. s 612, as amended, 72 P.S. s 5860.612 (Supp.1973).
FN12. Id. art. V, s 501(c) as amended, 72 P.S. s 5860.501(c) (1968)
(emphasis added) .
[4] [5] The rights of all parties to a tax sale are defined and governed by
statute. ' (W) henever there is a direct rule of law governing the case in all
its circumstances, the (equity) court is as much bound by it as would be a
court of law. Albriqht v. Albriqht, 228 Pa. 552, 77 A. 896 (1910); see
2 J.Pomeroy, supra, s 425 at 189--90. Where, as here, the parties' rights are
regulated and fixed by a comprehensive scheme of legislation, the maxim 'equity
follows the law' is entitled to the greatest deference. See, e.g., Bauer,
supra; Albright, supra; Cloeter v. Superior Court, 86 Ariz. 400, 347 P.2d 33
(1959); Milqram v. Jiffy Equipment Co., 362 Mo. 1194, 247 S.W.2d 668 (1952); In
re Adoption of McCauley, 177 Neb. 759, 131 N.W.2d 174 (1964); cf. 1 Pa. S. s
1504 (Special Pamphlet 1973).
121 Moreover, the 'mistake of fact' alleged by First Federal is precisely the
sort of mistake which cannot provide a basis for equitable relief. First
Federal elected to rely on information volunteered by a person without
authority to speak for either the court which ordered the sale or the tax
bureau which administered it. It did so at its own risk. The sale had been
fully *213 and properly advertised in accordance with the statute. Notice of
the judicial sale had also been sent to and received by First Federal, and the
realty was correctly listed for sale for October 23. Although the means for
determining the accuracy of Keener's gratuitous communication were readily at
hand, First Federal admits that it took no steps to confirm this information
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with the proper authorities. First Federal may not now successfully contend
that its own inattentiveness and failure to utilize its statutory protections
entitles it to a decree setting aside a lawful sale.
J1l '[C]ourts of equity will not relieve a party from the consequences of an
error due to his own ignorance or carelessness when there were available means
which would have enabled him to avoid the mistake if reasonable care had been
exercised.' Home Owners' Loan Corp. v. Crouse, 151 Pa.Super. 259, 263, 30 A.2d
330, 332 (1943). See Stone v. C. 1. T. Corp., 122 Pa.Super. 71, 184 A. 674
(1936); Lessa v. Staler, 75 Pa.Super. 468 (1921); Felin v. Futcher, 51
Pa.Super. 233 (1912); 3 J.Pomeroy, supra, s 856b. Here, First Federal chose to
rely on Keener's unverified information rather than avail itself of any of the
several statutory procedures designed for its benefit.
In these circumstances, First Federal is not entitled to relief, nor may
appellant be deprived of the property he lawfully purchased.
Decree reversed. Costs on appellee.
**899 JONES, C.J., took no part in the consideration or decision of this case.
*207 NIX, J., concurred in the result.
EAGEN, J., filed a concurring opinion.
POMEROY, J., filed a dissenting opinion in which O'BRIEN, J., joined.
*213 EAGEN, Justice (concurring).
I concur in the result reached by the maj ori ty . However, I am compelled to
express my reasons for so doing, because I cannot agree with the majority's
analysis of the issue.
*214 The majority, first of all, fails to recognize the basic premise, here
involved, that 'gross inadequacy of price is sufficient basis, in itself, for
setting aside a sheriff's (judicial) sale (See, Peoples Pbqh. Tr. Co. v.
Blickle, 330 Pa. 398, 199 A. 213 (1938)) Capozzi v. Antonoplos, 414
Pa. 565, 570, 201 A.2d 420, 422 (1964). There can be no dispute that the price
paid by the appellant, Tom Swift, ($5 plus current taxes of $329.46 for a tract
of land valued at nearly $6000) is grossly inadequate.
The majority, although not recognizing the above stated principle, felt the
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need to rule against the appellee on two distinct grounds. Initially, they
state 'the rights of the parties are specifically established by the Real
Estate Tax Sale Law. The statute is the sole authority governing the sale of
this land for delinquent taxes.' [FN1] This statement is clearly an overreading
of the legislative intent behind the passage of this Act. [FN2] The majority,
itself, states: '(t)he statute provides Several protections for a mortgagee.'
(Emphasis *215 added.) Thus, implying, and correctly so, that this legislative
enactment was merely an attempt to Partially codify this area of the law. It
is my strong belief that the legislature did not attempt to completely fill
this area of the law so as to eliminate all remnants of the common law from
being applied.
FN1. The maj ori ty cites a common pleas court opinion as authority for
this statement. Richards v. Schuvlkill County, 20 Pa.D. & C.2d 539, aff'd
per curiam, 399 Pa. 552, 161 A.2d 26 (1960). It is granted that the
common pleas court stated that '(t) he county having accepted in their
entirety the provisions of the Real Estate Tax Sale Law of 1947, supra, as
required by that act, it remains and becomes the sole statutory authority
governing the sale of lands by the county for delinquent taxes
Id. at 541. However, this statement was made in a completely different
context than the majority here implies. The statement was made in
response to a contention that the Act of 1947 does not apply and that the
earlier legislative acts are applicable. Thus, the common pleas court was
merely stating that oncecounties have adopted the Act of 1947 it becomes
the Sole applicable statutory authority. In no way did the court there,
or any other court, state that the Act of 1947 renders all common law in
the area void.
FN2. Act of July 7, 1947, P.L. 1368, Art. I, s 101 et seq., as amended,
72 P.S. s 5860.101 et seq.
I do not question the majority's rule of law that 'whenever there is a direct
rule of law governing the case in all its circumstances, the (equity) court is
as much bound by it as would be a court of law. .,' I merely believe that
there is no direct rule of law governing this case. Thus, it is my belief that
the 'gross inadequacy' test has not been eliminated from consideration in
delinquent tax sales by the Real Estate Tax Sale Law.
However, I do not come to the conclusion that we should set aside this
judicial sale due to the gross inadequacy of the price. I am in full
accordance with the majority, that this "mistake of fact' is precisely
the sort of mistake which cannot provide a basis for equitable relief.' I come
to this conclusion, despite several cases which indicate that the 'gross
inadequacy' principle should be applied even if there is a mistake. Warren
Pearl Works v. Rappaport, 303 Pa. 235, 154 A. 587 (1931); and first National
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Bank of Sunbury v. Rockefeller, 333 Pa. 553, 5 A.2d 205 (1939). These cases
are **900 clearly distinguishable from the one now before us, because both of
these decisions involved 'mutual' mistakes, while this case revolves around a
'unilateral' mistake of fact. A unilateral mistake of fact has long been
recognized as not rendering a contract voidable, Restatement of Contracts s 503
(1932). Therefore, I agree with the majority that a court of equity should not
relieve a party from the consequences of its own (unilateral) carelessness.
*216 POMEROY, Justice (dissenting).
I must di~sent from the holding of the majority that a court of equity is
powerless to rectify the manifest unfairness of allowing to stand this $5.00
tax sale of a property worth between $5,000 and $6,000. As Mr. Justice Eagen
has correctly stated in his concurring opinion, Supra (with which I agree save
for the last, and I believe mistaken, paragraph), gross inadequacy of price has
long been recognized as a sufficient basis, in itself, for setting aside a
sheriff's sale; the fact that the sale was accomplished in conformity with the
procedures of the Real Estate Tax Sale Law [FN1] does not insulate it from
timely attack where no competing equities are involved, and the parties can be
restored to their original positions. This is such a case.
FN1. Act of July 7, 1947, P.L. 1368, s 101, as amended, 72 P.S. s
5860.101 et seq., particularly s 601 and following.
The opinion of the Court denies relief on the basis of deference to the maxim
that 'equity follows the law' where, as here, a comprehensive statute
prescribes the procedures for conducting a tax sale. But the maxim invoked is
narrow indeed. As the eminent authority on equity jurisprudence relied on in
the Court's opinion states, '(t)he maxim is, in truth, operative only within a
very narrow range; to raise it to the position of a general principle would be
a palpable error. Throughout the great mass of its jurisprudence, equity,
instead of following the law, either ignores or openly disregards and opposes
the law.' 2 J.Pomeroy, Equity Jurisprudence 194, s 427 (5th ed. Symons,
1941) . [FN2] Had *217 the chancellor in this case merely been defining the
rights of the parties under the Real Estate Tax Sale Law, he would perforce be
confined to the provisions of that statute. But it is equally clear that a
chancellor is free to provide traditional equitable remedies with respect to
matters not covered by a statute. See 2 J.Pomeroy, op. cit. Supra, s 426a at
193. Here the statute treats of challenges to the regularity and legality of
the actions of the Tax Claim Bureau (72 P.S. s 5860.607(q)), but those matters
are not in dispute. what is in dispute, as mentioned at the outset, is the
validity of the sale in light of the gross disparity between purchase price and
value. with that matter the statute does not purport to deal in any way. I,
thus, cannot agree that the Real Estate Tax Sale Law operates to oust equity of
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jurisdiction which traditionally has been within its cognizance. See Capozzi
v. Antonoplos, 414 Pa. 565, 570, 201 A.2d 420 (1964); Peoples- Pittsburqh Trust
Co. v. Blickle, 330 Pa. 398, 399--400, 199 A. 213 (1938), and cases cited;
Delaware County National Bank v. Miller, 303 Pa. 1, 6, 154 A. 19 (1931); Warren
Pearl Works v. Rappaport, 303 Pa. 235, 238, 154 A. 587 (1931).
FN2. Pomeroy outlines three main areas where the maxim is generally
operative: First, 'in the sense of obeying (the law), conforming to its
general rules and policy, whether contained in the common or in the
statute law', Id., s 425 at 188; second, 'in the sense of applying to
equitable estates and interests some of the same rules by which at
common law legal estates and interests of a similar kind are governed',
Id., s 426 at 191; third, with regard to limitations of actions and
procedure for enforcement of decrees, Id., s 426a at 193. Bauer v. P. A.
Cutri Co. of Bradford, Inc., 434 Pa. 305, 310, 253 A.2d 252 (1969), cited
in the Court's opinion, is an example of the latter type of case. Scott
v. Waynesburq Brewinq Co., 256 Pa. 158, 100 A. 591 (1917), also cited in
the majority opinion, is an example of the second category.
The chancellor in his opinion held that '(e) quity certainly has the power to
grant **901 relief in the situation facing us here. In good conscience we
could not stand by and seethe plaintiff (appellee) suffer a substantial loss
where no one is to be harmed by setting aside the tax sale and directing a new
sale to be held.' As the cases above cited make clear, the relief granted by
the chancellor was an exercise of his discretion as such. *218 In Delaware
County National Bank v. Miller, Supra, we said:
'It has often been said that this will not be done for a mere inadequacy of
price, without more; but no case goes so far as to say that a chancellor must
confirm a sale where the inadequacy is so great as to shock his conscience, as
would be the case here. After all, the ultimate test always is, whether or
not the action of the court in setting aside the sale was a gross abuse of
discretion (Stroup v. Raymond, 183 Pa. 279, 281, 38 A. 626, 63 Am.St.Rep. 758;
Chase v. Fisher, 239 Pa. 545, 548, 86 A. 1094; Lefever v. Kline, 294 Pa. 22,
143 A. 488) , and he would be a strange student of the law who could conclude
that a chancellor grossly abused his discretion by refusing to do that which
would have shocked his conscience.' 303 Pa. at 6, 154 A. at 21.
The Court reiterated this holding in Warren Pearl Works v. Rappaport, Supra,
as exactly fitting the appeal in that case. In my view, it equally fits the
present appeal. [FN3]
FN3. The relief here allowed by the lower court
accord with the general principles set forth
Restitution, Chapter 6. See especially s 123.
was,
in
in my view, also in
the Restatement of
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My brother Eagen, while recognizing the inherent power of equity to set aside
a judicial sale because of gross inadequacy of price, concludes that relief in
equity is nevertheless unavailable here for the reason that the sale to
appellant came about because of a mistake that was not mutual, but unilateral.
With respect, I think the emphasis on mutual mistake is misplaced and not
supported by the cases cited in the concurring opinion.
It is true that, in the law contracts, a unilateral mistake will generally not
render a contract voidable, but the case at bar is not a contract case. Here
the appellee failed to appear and bid at the sale because of misinformation
recei ved from an employee of the Tax Claim Bureau that the property was not
listed for sale on the day in question. In Rappaport, Supra, *219 cited by Mr.
Justice Eagen, '(t)he mortgagees did not bid at the sale, because they were
informed by counsel for the execution creditor (who was not the purchaser at
the sale) that their mortgages would not be discharged'. 303 Pa. at 237, 154
A. at 587. In First National Bank of Sunbury v. Rockefeller, 333 Pa. 553, 5
A.2d 205 (1939), also cited in the concurring opinion, certain mortgages were
erroneously satisfied 'as the result of a mistake on the part of plaintiff with
respect to the legal effect of the sale made by the executrix'. 333 Pa. at
556, 5 A.2d at 206. The Court held that 'a refusal to permit the correction of
the mistake so made would grievously penalize and cause undeserved injury to
the plaintiff for its careless but innocent error, and at the same time would
result in unjust enrichment of the defendants at plaintiff's expense'. Ibid.
[FN4] The mistake in Rockefeller was one of law, not of fact. While
recognizing that 'literal adherence to the rule that a court of equity will not
relieve against a mistake of law' might prevent recovery, the Court felt that
an exception was warranted where to grant the relief sought would merely place
the parties in the positions held by them beforehand: 'The injustice and
hardship which will be suffered by plaintiff afford grounds for granting
equitable relief, upon the fundamental principle that no one shall be allowed
to enrich himself unjustly at the expense of another by reason of an innocent
mistake of law.' **902333 Pa. at 560,5 A.2d at 207. This was the rationale
of the chancellor in the case at bar with respect to the innocent mistake of
fact made by the appellee. The Court disserves the ancient purpose and
function of equity and ignores the precedents which we ourselves have
established when it holds that the chancellor erred.
FN4. Rockefeller was followed in Norard Hosiery Mills, Inc. v. Orinoka
Mills, 416 Pa. 454, 206 A.2d 56 (1965).
O'BRIEN, J., joins in this dissent.
END OF DOCUMENT
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CERTIFICATE OF SERVICE
I, Daniel Deitchman, hereby certifY that the foregoing Response to Petition and Rule to Show
Cause was served upon the following individual(s) or entity(ies) by the manner indicated on the
date shown below:
Catherine H. Rudy
914 Wertzville Road
Enola, P A 17025
(By First Class U.S. Mail, Postage Prepaid)
Ed Shorpp, Esquire
MARTSON, DEARDORFF, WILLIAMS & OTTO
10 East High Street
Carlisle, P A 17013
(By hand-delivery)
Peter J. Russo, Esquire
5010 E. Trindle Road
Mechanicsburg, P A 17055
(By First Class U.S. Mail, Postage Prepaid)
Frank Federman, Esquire
FEDERMAN & PHELAN
2 Penn Center, Suite 900
Philadelphia, PA 19102
(By First Class U.S. Mail, Postage Prepaid)
u'
Date: 3 II <sJ lOt
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HOMESIDE LENDING, ITS
SUCCESSORS AND/OR ASSIGNS
Plaintiff
MAR 1 4 Z001.M'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CATHERINE H. RUDY
Defendant
NO. 2000 - 07126 CML TERM
TEMPORARY ORDER RESTRAINING
DISPOSITION OF PROPERTY
AND NOW, the Petitioner having filed a petition and verified that immediate and
irreparable loss and damage may result to her before the matter can be heard on motion, upon
consideration of the Plaintiffs attached petition, the Defendant, Homeside Lending, and the
Sheriff of Cumberland County, are hereby enjoined from all acts or actions of ejectment against
the Petitioner, from transferring, encumbering, selling and disposing of the real property or
proceeds thereof to therein described property, or alienating any interest that the Petitioner may
have in said property, until further Order of this Court.
IT IS FURTHER ORDERED that the Cumberland County Sheriffs Office is hereby
directed to release those funds received from Daniel Deitchman and Tony Miller, the proposed
purchasers of the subject property.
BY THE COURT:
J.
Distribution List:
Jennifer C. Deitchman, Esquire
Frank Federman, Esquire
Peter J. Russo, Esquire
Edward L. Schorpp, Esquire
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HOMESIDE LENDING, ITS
SUCCESSORS AND/OR ASSIGNS
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CATHERINE H. RUDY
Defendant
NO. 2000 - 07126 CML TERM
ORDER
..
AND NOW, this /) day of JI>1A-u,
, 200 I, upon consideration of Petitioner's
Petition to Set Aside Sheriffs Sale, all post Sheriffs Sale remedies and actions shall be stayed
until further order of court. The Court grants a rule on all parties in interest to show cause why
the prayer of said petition should not be granted, and why the sale should not be set aside. Rule
returnable z. 0 d..,.. .yf:v r<rru";' .
BY THE COURT:
1.
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Distribution List:
Jennifer C. Deitchman, Esquire
Frank Federman, Esquire
Peter J. Russo, Esquire
Edward L. Schorpp, Esquire
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HOMESIDE LENDING, ITS
SUCCESSORS AND/OR ASSIGNS
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CATHERINE H. RUDY
Defendant
NO. 2000 - 07126 CIVIL TERM
ORDER
AND NOW, this
day of
, 2001, upon consideration of Petitioner's
Petition to Set Aside Sheriffs Sale petition, this Honorable Court GRANTS the petition and
orders the following:
The Sheriff sale of 904 WertzvilJe Road, Enola, Pennsylvania shall be set aside in favor
of Catherine Rudy.
Any remaining funds in the possession of the Cumberland County Sheriffs Office which
were received from Daniel Deitchman and Tony MilJer shall hereby be refunded to Daniel
Deitchman and Tony MilJer.
BY THE COURT:
J.
Distribution List:
Jennifer C. Deitchman, Esquire
Frank Federman, Esquire
Peter J. Russo, Esquire
Edward L. Schorpp, Esquire
"'
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HOMESIDE LENDING, ITS
SUCCESSORS AND/OR ASSIGNS
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CATHERINE H. RUDY
Defendant
NO. 2000 - 07126 CIVIL TERM
PETITION TO SET ASIDE SHERIFF'S SALE
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
The petition of Catherine H. Rudy respectfully represents:
1. Catherine H. Rudy is the owner in fee simple of914 Wertzville Road, Enola.
2. As a result of a mortgage foreclosure action, a writ of execution was issued by this
Honorable Court in the above-captioned matter setting 914 Wertzville Road, Enola for Sheriffs
sale on March 7, 2001.
3. On March 1,2001, Catherine Rudy completed are-finance of her current mortgage in an
effort to cure her default mortgage.
4. On March 1, 2001, Chelsea Settlement Services, Inc., the settlement company for
Catherine Rudy, obtained a payoff from the law firm of Federman and Phelan, LLP who
represents the Plaintiff in the foreclosure action.
5. On that same day, Chelsea Settlement Services, Inc. and the law firm of Federman and
Phelan, LLP discussed several issues including the payment of real estate taxes and hazard
insurance.
6. Pursuant to federal law, on March 6, 2001, the loan to re-fmance the existing obligation
came out of recession and the loan proceeds were distributed.
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7. On March 6, 2001, Chelsea Settlement Services, Inc. issued check number 31974 made
payable to Homeside Lending in the amount of Thirty Four Thousand Nine Hundred Twenty
Eight Dollars and Eighty-eight cents ($34,928.88). A true and correct copy of said check is
attached hereto as Exhibit A.
8. The check issued to Homeside Lending was consistent with the payoff amount
transmitted to Chelsea Settlement Services, Inc. by the law fIrm of Federman and Phelan, LLP.
A true and correct copy of said payoff statement is attached hereto as Exhibit B.
9. Said payoff check was transmitted to via United Parcel Service (No.
lZA9835R0140235424) to the law fIrm of Federman and Phelan, LLP and was received at 9:15
a.m. on March 7, 2001.
10. The bidding for the subject property on March 7, 2001, is believed to have commenced
sometime after 10:15 a.m. therefore the check issued to Homeside Lending complied with the
requirements set forth in 41 P.S. S 404.
II. Just prior to the sale of the subject residence, Robert B. Lieberman, Esquire, a
representative acting on behalf of the law fIrm of Federman and Phelan, LLP, being unaware of
the prior communications between Chelsea Settlement Services, Inc. and the law fIrm of
Federman and Phelan, LLP, advise the bidders that there had been no action on this property.
12. The bidding commenced and Daniel Deitclunan and Tony Miller were the top bidders for
the subject property at Forty Eight Thousand Dollars ($48,000.00).
13. The subject property's true value far exceeds the Forty Eight Thousand Dollars
($48,000.00) offered by Daniel Deitclunan and Tony Miller.
14. Petitioner alleges that said sale was so irregular as to produce a great sacrifIce of the
property to the prejudice of petitioner.
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15. The Plaintiff in this matter, Homeside Lending, through their counsel. Frank Federman,
has no objection to this motion. Counsel for Homeside Lending concurs that the United Parcel
package containing the reinstatement funds was received in his office at 9:15 a.m. on the day of
the Sheriff s sale. Because of the volume of mail received that morning, the package was not
opened and reviewed until after the 10:00 a.m. Sheriff Sale. Had the package been opened prior
to the sale, counsel would have directed the Cumberland county Sheriffto stay the sale.
16. The Petitioner had satisfactorily cured any default that may have existed prior to the
completion of the sale of the subject residence and but for missed communication, this sale
would have never been commenced.
WHEREFORE, your petitioner prays that the aforesaid irregular and unfair sale be set
aside.
Respectfully submitted,
~-Q
Peter J. Russo, Esquire
5010 E. Trindle Road
Mechanicsburg, P A 17050
(717) 591-1755
Date: Wednesdav. March 14. 2001
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Federman and Phelan LLP
ODe Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, Pa 19013-1814
215-563-7000
Fax 215-568-0719
Phyllis Levin
Legal A..ioQllt
Representing Lend." in
PeM.yIVltni. & New Jel'sey
PAYOFF FIGURE
NAME:
03/01101
RUDY,
CATHERINE
ACCT #:
19275937
ONLY GOOD TO
03/07/01
Principal :Balance
Interest
Escrow
Late: Charge
Il!s~ections
AppraIsal
$28,939.47
$1,939.24
$,98.27
$90.40
$6~.60
$85.00
Attorney Costs
Attorney Fee
Sheriff's 2% Commission '
$1,862.00
$1.125.00
$725.00
TOTAL
$51',928.88
ALL FUNDS MUST BE IN CERTIFIED FUNDS AND MADE PAYABLE TO YOUR
MORTGAGE COMPANY!
***TB.IS FIBM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION llECElVJj:D WILL
BE USED JIOR THAT PURPOSE. IFYOV SA. VE RECElVED A DISCHARGE IN BANKRUPTCY. AND TmS DEBT WAS
NOT REAFFIRMElD, nus CORRESPONDENCElS NOT AND SHouLD NOT BE CONSTRUED TO BE AN A'ITEMPT TO
COU.ECT A DEB1', BUT ONLY ENFoRCEMENT OF A LIEN AGAlNST THE PROPERTY."-"'''
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.... REAL ESTArE CLOSING ....
31974
Buyer/Borrower: Rudy &
Seller:
, Lender: Alliance Funding, a Division of Superior Bank, FSB
Property: 914 Wertzville Road/East
SeWement Date: March 1, 2001
Disbursement Date: March 6, 2001
Check Amount $ 34,928.88
Pay To: Homeside L~nding
For:
Payoff Mortgage and Judgement
Acct #19275937
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Chelsea Settlement Services, Inc.
ESCROW ACCOUNT
5010 TRINDLE ROAD SUITE 200
MECHANICSBURG. PA 17050
PH: (717) 731-9700
-Thirty Four Thousand Nine Hundred Twenty Eight and 88/100 -------------------
PAY
TO THE
ORDER
OF
Homeside Lending
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19013-1814
31974
0804722676
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319
LEGACY BANK
NUMBER
60-1860/31 3
2001012273
Payoff Mortgage and JUdgement
------OA;-1'----------------------- AMUUN-floilars
March 6, 2001
$ .....34,928.88
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CHELSEA SETTLEMENT SERVICES. INC,
Buyer/Borrower: Rudy &
Seller:
Lender: Alliance Funding, a Division of Superior Bank, FSB
Property: 914 Wertzville Road/East
Settlement Date: March 1, 2001
Disbursement Date: March 6, 2001
Check Amount $ 34,928.88
Pay To: Homeside Lending
For:
Payoff Mortgage and Judgement
Acct #19275937
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31974
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WT LTR LBS
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PKG ID 40
REFa RUDY 1ZA9835R0140235424
TRACKINGa
( PUB PKG CHG $ 12lo~ $ 0.00
DV $ 0.00 CT $ 0.00
DC $ 0.00 SD $ 0.00
AH $ 0.00 SP $ 0.00
HNDL $ 0.00 HZI'IT $ 0.00
NTFY $N~l~uST CHG $ 12.25
tgt~t PUB PKG CHG $ 12.25
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REORDER FROM YOUR LOCAL SAFEGUARD DISTRIBUTOR, IF UNKNOWN, CALL 800.523-2422
GGPZDKOO10000 L99SF047570
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HOMESIDE LENDING, ITS
SUCCESSORS AND/OR ASSIGNS
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CATHERINE H. RUDY
Defendant
NO. 2000 - 07126 CIVIL TERM
CERTIFICATE OF SERVICE
I, Peter J. Russo, hereby certifY that I am on this day serving a copy of the foregoing
document upon the person(s) and in the matter indicated below:
Service by Telecopier and First-Class Mail, Postage Prepaid, and addressed as folJows:
Edward L. Schorpp, Esquire
10 East High Street
Carlisle, P A 17013
Frank Federman, Esquire
1617 JFK Boulevard, Suite 1400
Philadelphia, P A 19013-1813
Jennifer C. Deitchrnan, Esquire
1202 Montrose Circle
Mechanicsburg, P A 17050
RespectfulJy S~itted,
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Peter J. Russo, Esquire
---
Date: Wednesdav. March 14. 2001
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FEDERMAN AND PHELAN, LLP
By: F~FEDER1{AN,ESQUIRE
IDENTIFICATION NO. 12248
TWO PENN CENTER PLAZA, SUITE 900
PHILADELPHIA, PA 19102
(215) 563-7000
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
8201 GREENSBORO DRIVE, SUITE 350
MCLEAN, VA 22102
TERM
Plaintiff
NO. 00 - 'irJ,f.o (L{'--r~
v.
CUMBERLAND COUNTY
CATHERINE H. RUDY
914 WERTZVILLE ROAD
EAST PENNSBORO, P A 17025
Defendant(s)
CIVIL ACTION - LAW
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, P A 17013
(717) 249-3166
Loan #: 19275937
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1. Plaintiff is
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
8201 GREENSBORO DRIVE, SUITE 350
MCLEAN, VA 22102
2. Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this
action, and nominee for the entity indicated below, which is the owner of the entire
beneficial interest in the mortgage:
HOMESIDE LENDING, INC.
7301 BAYMEADOWS WAY
JACKSONVILLE, FL 32256
3. The name(s) and last lmown address(es) of the Defendant(s) are:
CATHERINE H. RUDY
914 WERTZVILLE ROAD
EAST PENNSBORO, P A 17025
who is/are the mortgagor( s) and real owner( s) of the property hereinafter described.
4. On 4/24/96 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PHH MORTGAGE SERVICES CORPORATION which
mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in
Mortgage Book No. 1316, Page 30. By Assignment of Mortgage dated RECORDED
7/20/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in
Assignment of Mortgage Book No. 619, Page 748.
5. The premises subject to said mortgage is described as attached.
6. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 7/1/00 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. A copy of such notice is attached as Exhibit" A."
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7. The following amounts are due on the mortgage:
Principal Balance
Interest
6/1/00 through 10/1/00
(Per Diem $6.74)
Attorney's Fees
Cumulative Late Charges
4/24/96 to 10/1100
Cost of Suit and Title Search
Subtotal
$28,939.47
829.02
1,125.00
33.90
550.00
$31,477.39
Escrow
Credit
Deficit
Subtotal
0.00
98.27
$ 98.27
TOTAL
$31,575.66
8. The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third party purchaser at
Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees
will be charged.
9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as
required by 35 P.S. g1680.403c on the date(s) set forth in the true and correct copy of
such notice(s) attached hereto as Exhibit "A."
10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance
Program, Act 91 of 1983, has terminated because either:
(i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit
Counseling Agency in accordance with Plaintiffs written Notice to Defendants,
a true and correct copy of which is attached hereto as Exhibit "A"; or
(ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania
Housing Finance Agency.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$31,575.66, together with interest from 10/1100 at the rate of$6.74 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.
l:da~q/~
FRANK FEDERMAN, SQUIRE ______
Attorney for Plaintiff
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. HOMESIDE
LENDING,INC.
AUGUST 08, 2000
ZLf
CATHERINE RUDY
914 WERTZYILLE RD
ENOLA PA 11025-1835
RE: LOAN NUMBER' 19215931
PROPERTY ADDRESS: 914 WERTZYILLE RD
E PENNSBORO TWP, PA ,11025
ACT 91 NOTl CE
TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
THISTIS AN OFFICIAL NOTICE THAT THE MORTGAGE ON YOUR HOME IS IN DEFAULT,
ANDTUR~E LENDER INTENDS TO FORECLOSE. SPECIFIC INFORMATION ABOUT THE
NA e OF THE DEFAULT IS PROVIDED IN THE ATTACHED PAGES.
TTHOESHOYEMEOWNER'S MORTGAGE ASSISTANCE PROGRAM tHEMAP) MAY BE,ABLe TO HeLP
A YOUR HOME. THIS NOT CE EXPLAINS HOW THE PROGRAM hORKS.
TO SEE IF HEMAP CAN HELP. YOU MUST MEET HITH A CONSUMER CREDIT COUNSEL-
INITG AGYOENCY WITHIN 3D DAYS OF THE DATE OF THIS NOTICE. TAKE THIS NOTICE
H H U WHEN YOU MEET HITH THE COUNSELING AGENCY.
THE NAME. ADDRESS AND PHONE NUMBER OF CONSUMER CREDIT COUNSELING
HAGAEyNfCjEN.S SERVICING YOUR COUNTY ARE LISTED IN THE ENCLOSURE. IF YOU
" Y QUESTIONSf YOU MAY CALL THE PENNSYLVANIA HOUSING FINANCE
AGEN.NCCYLTOLL FREE A 1-80v-342-2391. (PERSUNS WITH IMPAIRED HEARING
CA A L (711)180-1869.)
THIS NOTICE CONTAINS IMPORTANT LEGAL INFORMATION. IF YOU HAVE ANY
QUESTLIONS~ REPRESENTATIVES AT THE CONSUMER CREDIT COUNSELING AGENCY HAY
BE AB E Tu HELP EXPLAIN IT. YOU MAY ALSO WANT TO CONTACT AN ATTORNEY
IN YOUR AREA. THE LOCAL BAR ASSOCIATION MAY BE ABLE, TO HELP YOU FINO
A LAWYER.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA. PUES AFECTA SU
OERRECHO A CONTlNUAR YI~IENOO EN SU CASA. SI NO COMPRENOE EL CONTENIOO
DE ESfA NOIIFICACION DB ENGA UNA TRADUCCION, INMEDlAMENTE. LLAMANOO ESTA
AGENC A IPeNNSYLYANIA H USING FINANCE AGENCY I SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMt
LLEAMAEDO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PU 0 SALVAR SU CASA DE LA PEROluA DEL OERECHO A REMIOIR SU HIPOTECA.
YOU HAYE NOT MADE
AND THE FOLLOWING
STATEMENTS OF POLICY
MONTHLY MORTGAGE PAYMENTS FOR
AMOUNTS ARE NOW PAST DUE:
MONTHS DELINQUENT:
PAYMENT AMOUNT:
LEGAL FEES:
LATE CHARGE BALANCE:
PROPERTY INSPECTIONS'
RETURN ITEM FEES:
TOTAL DUE:
THE FOLLOhING MONThS
2
$3B8.4B
o
1I.30
o
o
$7BB.26
HOH TO CURE THE DEFAULT--YOU MAY CURE THE DEFAULT WITHIN THIRTY 1301
DAYS OF THE DATE OF THIS NOTICE 8Y PAYING THE. TOTAL AMOUNT PASTTDUE TO
THE LENDER. WHICH IS $188.26. PLUS ANY MORTGAGE PAYMENTS AND LA E
CHARGES WHICH 8ECOME DUE DURING THE THIRTY 1301 DAY PERIOD. PAYMENTS
MUST BE MADE EITHER BY CASH, CASHIER'S CHECK. CERTIFIED CHECK OR M~N"Y
ORDER HADE PAYABLE AND SENT TO:
ATTN CASHIERING DEPARTMENT
HOMESIDE LENDING, INC.
9601 MCALLISTER ~RHY
SAN ANTONIO TX 18216
EXH1B\T A
CL63 - 062000TG
P.O. BOX 41524 SAN ANTONIO TX 18265-1524
I-B11-133-4200
PAGE I we' 4
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. HOMESIDE
LENDINC,INC.
CATHERINE RUDY
19275937
STATEMENTS OF POLICY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YUUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IFSSYloSUTA<;oMPL Y WITH THE PROVI SIDNS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
A hCE ACT OF 19B3 ITHE "ACT"J, YOU MAY BE ELIGIBLE FOR EMERGENCY
MORTGAGE ASSISTANCE: ,
* IF YOUR OEFAULT HAS BEEN CAUSED BY CIRCUHSTANCES BEYOND YOUR CONTROL,
* IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS.
AND
* IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY
TEMPORARY STAY OF FoRECLoSURE--UNDER THE ACT YOU ARE ENTITLED TO A
TEMPORARY STAY OF FORECLOSURE ON YOUR MORTGAGE'FOR THIRTY 30J DAYS
FROM THE DATE OF THIS NOTICE. DURING THAT TIME YOU MUST ARRANGE AND
ATTEND A "FACE-TO-FACE" MEETING WITH ONE OF TME CONSUMER C"EUIT CUUN-
SELING AGENCIES LISTED AT THE END OF THIS NOTICE. ,THIS MEETING MUST
OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR
EMERGENCY MORTGAGE ASSISTANCE! YOU MUST BRING YOUR MORTGAGE UP TO DATE.
THE PART OF THIS NOTICE CALLEu "HOW TO CURE YOUR MORTGAGE DEFAULT"
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES--IF YOU MEET WITH ONE OF THE
CONSUMER CREOIT COUNSELING AGENCIES LISTED AT THE END OF THIS NOTICE,
TME LENDER MAY NOT TAKE ACTION AGAINST YOU FGR THIRTY (30) UAYS AFTEK
THE DATE OF THIS MEETING. THE NAMES, ADDRESSES AND TELEPMoNE NUMBERS
OF DESIGNATED CONSUMER CREDIT COUNSELING AGENCIES FOR THE COUNTY IN
WHICH THE PROPERTY IS LOCATED ARE SET FORTH AT THE END OF THIS NOIICE.
IT IS ONLY NECESSARY TO SCHEDULE ONE FACE-TO-FACE MEETING. ADVISE
YOUR LENDER IMMEDIATELY OF YOUR INTENTTONS.
APPLICATION FOR MORTGAGE ASSISTANCE--yoUR MORTGAGE IS IN DEFAULT FOR
THE REASONS SET FORTH LATER IN THIS NOTICE (SEE FOLLOHING PAGES FOR
SPECIFIC INFORMATION ABOUT THE NATURE OF YOUR DEfAULT). Ir YUU HAVE
TRIED AND ARE UNABLE TO RESOLVE THIS PROBLEM WITH THE LENDER! YOU HAVE
THE RIGHT TO APPLY FOR FINANCIAL ASSISTANCE FROM THE HOMEOWNeR'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM. TO 00 SO, YOU HUST fILL OUT.
SIGN AND FILE A COMPLETED HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM
APPLICATION WITH ONE OF THE DESIGNATED CONSUMER CREDIT COUNSELING
AGENCIES LISTED AT THE END OF THIS NOTICE. ONLY CONSUMER CREDIT COUN-
SELING AGENCIES HAVE APPLICATIONS FOR THE PROGRAM AND THEY WILL ASSIST
YOU IN SUBMITTING A COMPLETE APPLICATION TG THE PENNSYLVANIA HOUSING
FINANCE AGENCY. YOUR APPLICATION MUST BE FILED UR PoSTMAK~fD WITHIN
THIRTY (30) DAYS OF YOUR FACE-TO-FACE MEETING.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF
YOU 00 NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER.
FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY ANU YOUR APPLI-
CATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTloN--AVAILABLE FUNDS FOR EMERGENCY MORTGAGE ASSISTANCE ARE
VERY LIMITED. THEY WILL BE DISBURSED BY THE AGENCY UNDER THE~!.IGI-
BILITY CR TERIA ESTABLISHED BY THE ACT. THE PENNSYLVANIA HOUSING
FINANCE AGENCY HAS SIXTY (bO) DAYS TO MAKE A DECISION AFTER IT RECEIVES
YOUR APPLICATION. DURING THAT TIMEt NO FORECLOSURE PROCEEDINGS WILL BE
PURSUED AGAINST YOU IF YOU HAVE ME THE TIME REQUIREMENTS SET FORTH
ABOVE. YOU WILL BE NOTIFIED DIRECTLY 8Y THE PENNSYLVANIA HOUSING
FINANCE AGENCY OF ITS DECISION ON YOUR APPLICATION.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NunCE IS FOR INFORMATION PUR-
POSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE
DEBT. (IF YOU HAVE FILED BANKRUPTCY YOU CAN STILL APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE.)
CLb3 - Ob20COTG PAGe 3 UF 4
P.O. BOX 47524 SAN AtHONIO TX 762b5-7524 EXHIB1TA
1-877-733-4200
G:t
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LENDING, INC.
CATHERINE RUDY
19275937
STATEMENTS OF POLICY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE HHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IFSSYOSU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
A I TANCE ACT OF 19B3 ITHE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY
MORTGAGE ASSISTANCE: ,
* IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
* IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS,
AND
* IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY
TEMPORARY STAY OF FORECLOSURE--UNOER THE ACT, YOU ARE ENTITLED TO A
TEMPORARY STAY OF FORECLOSURE ON YOUR MORTGAGE FOR THIRTY 30) DAYS
FROM TME DATE OF THIS NOTICE. DU~ING THAT TIHE YOU HUST ARRANGE AND
ATTEND A "FACE-TO-FACE" HEETlNG IIlTH ONE OF THE CONSUHER C"EOIl COON-
SELING AGENCIES LISTED AT THE END OF THIS NOTICE. .THIS HEETING MUST
OCCUR WITHIN THE NEXT THIRTY 1301 DAYS. IF YOU 00 NOT APPLY FOR
EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE.
THE PART OF THIS NOTICE CALLEu "HOW TO CURE YOUR MORTGAGE DEFAULT"
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
;1
>1
i
,
CONSUMER CREDIT COUNSELING AGENCIES--IF YOU HEET IIITH ONE OF THE
CONSUMER CREDIT COUNSELING AGENCIES LISTED AT THE END OF THIS NOTICE,
THE LENDER MAY NOT TAKE ACTION AGAINST YOU FGR THI~TY ,(301 OAYS AFTEK
THE DATE OF THIS HEETING. THE NAMES, ADDRESSES AND TELEPHONE NUMBERS
OF DESIGNATED CONSUMER CREDIT COUNSELING AGENCIES FOR THE COUNTY IN
WHICH THE PROPERTY IS LOCATED ARE SET FORTH AT THE END OF THIS NOIICE.
IT IS ONLY NECESSARY TO SCHEDULE ONE FACE-TO-FACE MEETING. ADVISE
YOUR LENDER IMMEDIATELY OF YOUR INTENTIONS.
APPLICATION FOR MORTGAGE ASSISTANCE--YOUR MORTGAGE IS IN DEFAULT FOR
THE REASONS SET FORTH LATER IN THIS NOTICE ISEE FOLLOIIING PAGES FOR
SPECIFIC INFORMAIION ABOUT THE NATURE OF YOUR OEFAUl.TI. If YUU HAVE
TRIED AND ARE UN BLE TO RESOLVE THIS PROBLEM HITH THE LENOtR. YOU MAVE
THE RIGHT TO APPLY FOR FINANCIAL ASSISTANCE FROM THE HOMEOWNtR'S
EMERGENCY MORTGAGE ASSfSTANCE PROGRAM. TO 00 SO, YOU MUST FILL OUT,
SIGN AND FILE A COMPLE EO HOHEOWNER'S EMERGENCY ASSISTANCE PROGRAM
APPLICATION WITH ONE OF THE DESIGNATED CONSUMER CREDIT COUNSELING
AGENCIES LISTED AT TME END OF THIS NOTICE. ONLY CONSUMER CREDIT COUN-
SELING AGENCIES HAVE APPLICATIONS FOR THE PROGRAM AND THEY WILL ASSIST
YOU IN SUBMITTING A COMPLETE APPLICATION TG THE PENNSYLVANIA HOUSING
FINANCE AGENCY. YOUR APPLICATION MUST BE FILED UR POSTMARKED WITHIN
THIRTY (30) DAYS OF YOUR FACE-TO-FACE MEETING.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF
YOU 00 NOT FOLLOW THE OTHER TIME PERIOOS SET FORTH IN,THIS LETTER.
FORECLOSURE MAY PROCEEO AGAINST YOUR HOME IMMEOIATELY AND YOUR APPLI-
CATION FOR MORTGAGE ASSISTANCE WILL BE OENIED.
AGENCY ACTION--AVAILABLE FUNDS FOR EMERGENCY MORTGAGE ASSISTANCE ARE
VERY LIMITED. TMEY WILL BE DISBURSED BY THE AGENCY UNDER THEELIGI-
BILITY CRITERIA ESTABLfSHEO BY THE ACT. THE PENNSYLVANIA HOUSING
FINANCE AGENCY HAS SIX YlbO) DAYS TO MAKE A OECISION AFTER IT RECEIVES
YOUR APPLICATION. OURING THAT TIMEf NO FORECLOSURE PROCEEDINGS HILL BE
PURSUED AGAINST YOU IF YOU HAVE ME TIlE TIME REQUIREMENTS SET FORTH
ABOVE. YOU WILL BE NOTIFIEO DIRECTLY BY THE PENNSYLVAN A HOUSING
FINANCE AGENCY OF ITS OECISION ON YOUR APPLICATION.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE fILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NUTICE IS FOR INFORMATION PUR-
POSES ONLY AND SHOULO NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE
OEBT. (IF YOU MAVE FILEO BANKRUPTCY YOU CAN STILL APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE.)
CLb3 - Ob20COTG
P.O. BOX 47524 SAN ANTONIO TX 18265-1524
1-877-733-4200
PAGE 3 Uf 4
EXHIBIT A
G:t
--.;
LENDER
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. HOMESIDE
LENDING, INC.
'CATHERINE RUDY
19275937
STATEMENTS OF POLICY
HOW TO CURE YOUR MORTGAGE DEFAULT (BRING IT UP TO DATE)
NATURE OF THE DEFAULT--THE MORTGAGE DEBT HELD BY THE ABOVE LENDER ON
TME PROPERTY LOCATED AT. 914 HERTlVILLE KD
E PENNSBURU TWP, PA 17025
IS SERIOUSLY IN DEFAULT BECAUSE YOU HAVE FAILED TO PAY PROMPTLY
INSTALLMENTS OF PRINCIPAL AND INTEREST, AS REQUIRED. FOR A PERIOD uf
AT LEAST SIXTY (60 DAYS.
ASSUMPTION OF MBRTGAGE--YOU 1**)MAY (**IMAY NOT ICMECK ONE! SELL OR
TRANSFER YOUR H ME TO A BUYER OR TRANSfEREE HHO HILL ASSUMe THE
MORTGAGE DEBT. PROVIDED THAT ALL THE OUTSTANDING PAYMENIS, CHARGES
AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND
THAI THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIEO.
** PLEASE CHECK YOUR MORTGAGE DOCUMENTS OR CALL OUR ASSUMPTION
DEPARTMENT AT 1-877-944-9400 TO DETERMINE IF YOUR LOAN IS ASSUMA8LE.
YOU MAY ALSO HAVE THE RIGHT
* TO SELL THE PROPERTY TO OBTAIN HONEY TO PAY OfF THE MORTGAGE DEBT
OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY Uff THIS
DEBT.
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
* TO HAVE TME MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEfAULT
HAD OCCURRFO, IF YOU CURE TME DEFAULT. (HOWEVER. YOU DO NOT HAVE IHE
RIGHT TO CURE YOUR OEFAULT MORE TMAN THREE TINES IN ANY CALENDAR YEAR.)
* TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
* TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCM ACTION
BY THE LENDER.
. TO SEEK PROTECTION UNDER THE FEOERAL BANKRUPTCY LAH.
SINCERELY,
R. AGUILAR
COLLECTION SUPERVISOR
ENCLOSURE
CC: FIRST CLASS AND CERTIFIED MAIL NU.___________________
ADDRESSEE
914 WERTZVILLE RD
E PENNSBORO TWP. PA 17025
CL63 - 062000TG
P.O. BOX 47524 SAN ANTONIO TX 78265-7524
1-877-733-4200
MC: 4
PAGE 4 OF 4
EXHIBIT A
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l<l<I"lIOUlllIII
LENDER
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PENNSYL VANIA ROUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
(REV. 8/00)
CLINTON COUNTY
Lycoming-Clinton Counties Commision for
Community Action (STEP)
2138 Lincoln Street P,O. Box 1328
Williamsport, PAl n03
(570) 326-0587 FAX (570) 322-2197
CCCS of Northeastern P A
1631 South Atherton St, Suite 100
State College, PA 16801
(814) 238-3668 FAX (814) 238.3669
CCCS of Northeastern P A
201 Basin Street
Williamsport, P A 17703
(570) 323-6627 FAX (570) 323-6626
31 W. Market Street
POB 1127
Wilkes-Barre. P A 18702
(570) 821-0837 Or (800) 922-9537
FAX (570) 821-1785
COLUMBIA COUNTY
1400 Abington Executive Park
Suite 1
Clarks Summit P A 18411
(570) 587-9163 or (800) 922-9537
FAX (570) 587-9134-9135
Commission on Economics Opportunity ofLuzerne County
163 Amber Lane
Wilkes-Barre, PA 18702
(570) 826-0510 or (800) 822-0359
FAX (570) 829-1665-{Cal1 Before Faxing)
(570) 455-4994 HazellOwn
FAX (570) 455-5631-{Call Before Faxing)
(570) 836-4090 Tunkhannock
CRAWFORD COUNTY
BookerT. Washington Center
1720 Holland Center
Erie, P A 16503
(814) 453-5744 FAX (814) 5749
Greater Erie Community Action Committee
18 West 9th Street
Erie, PA 16501
(814) 459-4581 FAX (814) 456-0161
John F. Kennedy Center, Inc.
2021 East 20th Street
Erie, PA 16510
(814) 898-0400
FAX (814) 898-1243
Shenango Valley Urban League, Inc.
601 IndianaAvenue
Farrell. PA 16121
(412)981-5310
CCCS of West em Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
CUMBERLAND COUNTY
Financial Counseling Services of Franklin
31 West3ni Street'
Waynesboro. PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
N.6tbStreet
Harrisburg, PA 17101
(717) 234-5925 FAX (717) 234-9459
YWCA of Carlisle
301 "G" Street
Carlisle, PA 17013 .
(717)243-3818 FAX (717) 731-9589
Community Action Comm of the Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757 FAX (717) 234-2227
Adams County Housing Authority
139-143 Carlisle St
Gettysburg, P A 17325
(717) 334-1518 FAX 334-8326
PENNSYL V ANJA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999
EXHIBIT A
. .
ALL THAT CERTAIN lot or piece oe land situate in East Pennsboro
Township, CUmberland County, Pennsylvania, bounded and described
as follows, to wit:
BEGINNING at a pin on the southerly line oe the State Road,
known as Wertzville Road, at the line of landa now or late of
R.O. Brashear; thence along the said t.ighws}' North 85 degrees
15 minutes East, 80 feet to a pin; thence along lands now or late
of Mauro Sgrignoli and Feliciana Sgrignoli, South 4 degrees 45
minutes Bast 470 feet to a pin on the line of lands now or late
of Marlin E. Sheeley and wife; thence South 31 degrees 30 minutes
West, 9 feet to a pin; thence along lands now or late of Mauro
Sgrignoli and Feliciana Sgrignoli. North 44 degrees 17 minutes
30 seconds West one hundred seventeen and thirty-one hundredths
feet to an iron pin; thence along lands now or late of R.O.
Brashear, North 4 degrees 45 minutes West, 386.8 feet to an iron
pin, the place of BEGINNING.
UNDER AND SUBJECT, nevertheless, to easements, restrictions,
reservations, conditions, and rights of way of record or visible
upon inspection of premises.
BEING the same premises which John H. Lusk and Patricia A. Lusk,
by their deed to be recorded simultaneously herewith, in the office
of the Recorder of Deeds of CUmberland County, granted and conveyed
unto Catherine H. Rudy.
THE SAID John H. Lusk died November 5, 1994 thereby vesting
title unto Patricia A. Lusk, Grantor herein.
PREMSIES: 914 WERTZVILLE ROAD
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VERIFICATION
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I, the undersigned hereby verify that I am a representative of the plaintiff and
I am authorized to make this verification. I hereby verify that the facts set
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forth in the foregoing complaint are true and correct to the best of my
information and belief and that this statement is made subject to
f~
the penalties of 18 P A C.S.A. 4904 relating to unsworn falsification to the
authorities.
Name:
Title:
Company:
&Dth
Elizabeth A. Gibney
Vice President
HomeSide Lending, Inc.
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Chelsea Settlement Services
5010 East Trindle Road, Suite 200
Mechanicsburg, P A 17050
(717) 731-9700 / (717) 731-7282 Fax
PAYOFF REOUEST
Date:
I
02/22/0 I
Company:
Fax:
F edermanlLevin
(215) 405-0180
(215) 563-7000
Phone:
Attention:
PAYOFF Department
Re: Borrower(s):
Catherine Rudy
Soc. # 201-18-3970
Acct. #: Docket # 2000-07126
Plaintiff: MERS, INC. (pHH Mortgage Services)
Property Address: 914 Wertville Road
Enola, P A 17025
Weare requesting a payoff good through 03/15/01 for the above referenced mortgage and
judgement. PLEASE MAKE SURE PAYOFF NOTES THAT BOTH THE MORTGAGE AND
THE JUDGMENT ARE INCLUDED IN TillS PAYOFF. Included with this request is a
borrower's authorization.
Please fax the payoff to Chelsea Settlement Services at (717) 731-7282 as soon as possible.
Thank you for your prompt attention in this matter. If you have any questions, please do not
hesitate to contact our office.
Sincerely,
Jamie 1. Burch
Closing Department
EXHIBIT
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TRANSMISSION OK
TX/RX NO
CONNECTION TEL
SUBADDRESS
CONNECTION ID
ST. TIME
USAGE T
PGS. SENT
RESULT
2400
12154050180
FEDERMAN&PHELAN
02/22 14:15
00'45
2
OK
Chelsea Settlement Services
5010 East Trindle Road, Suite 200
Mechanicsburg, P A 17050
(717) 731-9700 / (717) 731.7282 Fax
PAYOFF REOUEST
Date: 02/22/01
Company: Federman/Levin
Fax: (215) 405-0180
Phone: (215) 563-7000
Attention:
PAYOFF Department
Re: Borrower(s):
Catherine Rudy
Soc. # 201-18-3970
Acct. #: Docket # 2000-07126
Plaintiff: MERS, INC. (PHH Mortgage Services)
Property Address: 914 Wertville Road
Enola, PA 17025
We are requesting a payoff good through 03/15/01 for the above referenced mortgage and
judgement. PLEASE MAKE SURE PAYOFF NOTES THAT BOTH THE MORTGAGE AND
THE JUDGMENT ARE INCLUDED IN THIS PAYOFF. Included with this request is a
borrower's authorization.
Please fax the payoff to Chelsea Settlement Services at (717) 731-7282 as soon as possible,
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Federman and Phelan, LLP
One Penn Center at SUburoan Station
1617 John P. Kennedy Boulevard
Suite 1400
Philadelphia, PA
215-563-7000
Pax 215-568-0719
i Bmail: mike.thu:rmanllilfedphe-pa.com
,
19103
Michael Thurman
Legs.l Assistant Ext. 1254
Representing Lenders in
Pennsylvania & New Jersey
DATE: 2,-) t /0 \
TO: Ptkt- evS>D( €'6Q,
FAX:
11'"]- SG 1- 175-b
FROM:
Michael Thurman ext 294
NAME: ~\J~ \ C:iI-+ne~; ne
LOANi IGj'l~5~31
PAGBS: 1
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ATTN:
RE:
Y\eLA ~e- S~ Q++4\-~~L
EXHIBIT
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~1IIP~TIOll C:OIll'ADI8Il III 'flits .1ll:BmlILIr _.mu;E III (:ONPmllll'1'lWlL AND plIWlLEDGIlD. I' YOU
AlII! 110'1' 'l'HB :mrElOlDlli) Ur:I~ Nl1I' DI.BIMIlIll,noN. l>IIl?:RII!lm!:D OR COPnJ<G XSBX'.l'Ill!Il
=_ NOR A!:ot.ONlll) _'l:.1Wl1ll Tm.1l.1ICINIIl AT OlICS I!lll> ilImlIUII TIUI OUQWAto VIA US MUL.
."'P:J,elUJe ... "toed tlLat: tlaie n-. _:I.. a d81:t'C eol1ec:n:o&' ar;ggpdJISJ co colleen: a ~t.. MY
l.at_U'" ......10_ ,,1.11 1M! lIB"" Zo.- tIlat _..... U 7"11 _ ..""..:I.,"", .. cU.ss........ I."
I>BI>U!Jp/:cy. aDd this debt ""s _t "....ffi..-d. tIo.i. O_~o~.....~. :I.. _c _ _uU DOt
" eoae'U'U8d. t.e :be aD a~e.8IIPE t:O C101.1.CC. . ".c, ""t. OA1V eIdo=c_c.. ot . U.. agailLe&
pnpe::c.y,--
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n:Slerman and Phelan, L "j>>
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
215-563-7000
Fax 215-568-0719
Email. mike.thurman@fed he-
PAYOFF FIGtJR
NAME:
Rudy, Catherine
19275937
OATE
ONLY Good Tbro h 03-07-01
Principal B lance
Intereet
Late Chargee
Escrow Deficit
prope~ty ~nspecti
Jl.ppraisals
'I'wnshp 02-Apr-20
Hax Insur 02-Ap -2001
$28,939.47
$1,939.24
$510.40
$98.21
$64.50
$85.00
$345.70
$333.00
t~\
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-
-
.
Attorney
A.ttorney
$1,862.00
$1,125.00
$725.00
'tOTAL
I
$3$,607.581
Payoff l'igll:1:'e'. MUST BE VER.IPIED AFTER. D'OE DATE BEFOJU: StJBMI'l''l'IIIl'G PAYMBNT I
ALL FtJNDB MUST BE IN FULL AIil'J) IN CERTIFIED FORM FORWARDED '1'0 OUR FIIRK
.....P1ea.$e be a4vieec1 t,bat; thi.s i'lDl 1s a deb~ <:oJ1eetol' .ttemptiDW to colleet a deOt.~ Itt1.r info'CDBt.ion reeei~ "ill
..e u.eq ro~ tl>at p""P"... ~f you 1Ia_ ~.CUYe4 .. ~""'IlU... in bankr1op<ey, _ tb~. 4el>t _. not r..fU.....d. thi.
cOlrnlBJKmdence is not abd a1;.ou1d bOt. be C!out:zue4 to be aza. ae~,,~ 'to col1ect . d.ebt, but; 0Il1y ",!ol'ceaea't of a J.1en
against property...
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DATE: 03/01l0!}
OFEDERM,AN AND PHELAN, LLP
One Penn Center at Suburban Station
1617 John F. KenQedy Boulevard
Suite 1400
Philadelphia, PA 19}03.1814
PHONE # (215) 563-7000
FAX# (717-591-1756
3
FROM:
fETER RUSSj). ESQ.
rHYLLISLEVIN
TO:
RE:
NAME:
LOAN # :
PAGES:
RUDY, CATHERINE
19275937
2
ATfACHE>> PLEASE Ji'IM), CORREC, tE>> PAYOFF
- '
-
-
-
JNF(I~ATION CONTAJNIlD IN TmSFACllMII.!I: MESSAGE IS CONJ'Il)ENTIIlL ANtI PlUVILEDGED. If YOU AU
IIOT THE IMTENDEDREcIPIEIIT Alft'DIIlSEMlNATIOII. DlSTIWl1lTiON OIl.CO'PYlNGIS NEITHER INTEl'fDEP
NOll ALLOWED. plJlASE TIlLEPHONE AT OIl,CE Al>U) RETVlll'I nn: OIGINAL VIA us MAIL- THANK YOU.
-'PU..EASE lIE ADVISED TBATTBt5 FIRM ISA DEBT COLLECTOkATrEMl'TING TO COLLECT A DIIBr. Al'IY
INI'OIJtMATION WILL "SUhD lOB TBATl'tIIIl'OSJ:, , DYOV IiAVElU'oC1t\VJ1;D A DUC_E IN
BANlaltlPTCY, AND TBISDEBTWAS'l'iOTIlEAi1'JIlMtD, TillS ~PONDENCEIS NOT AND SHOllLD NOT
BE COIlSTRUEDTO BE AN ATl'EMTP TO COLLECT A DEBT. Bur ONLY ENFORCEMENT OF A LIEN AGAINST
THE PROPRRTY4..........
03/0}/Ql .... THU 14: 3~ t)\A ~lb40bUl"U
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Federman I!.nd Phelan LLP
ODe Penn Center at Suburban Station
1617 John F. IUDnedy Boulevard
Suite 1400
Philadelphia, Pa 19013-1814
215-563-7000
Fax 215-568-0719
Phyllis Levin
Legal A..ioUllt
Representing Lender's ill
PeMsyl""ni. & New JtJ'sey
PAYOFF FIGURE
~AME: RUDY, 19275937
CATHERINE ACCT #:
03/01/01 ONLY GOOD TO
03/07/01
,
Principal Balance
Interest
Escrow
Late Charge
Inspections
A~praisa]
$28,9'9.47
$1,989.2+
$98.27
$90.40
$6"',50
$85,00
Attorney Costs
Attorney Fee
Sheriff's 2% Commission
$1,862.00
$1,125.00
$725.00
TOTAL
$51l,9l/8.88
ALL FUNDS MUST BE IN CERTIFIED FUNDS AND MADE PAYABLE TO YOUR
MORTGAGE COMPANY!
***TBIS FIRM IS A DEBT COLLECTOkATTEMP'IlNG TO COLLECT A DEBT. ANY INFORMATION llECEIVED WILL
BE USED FOR THAT PURPOSE. IF YQU HAVE RECEIVED ADISCBARGE IN BANKRUPTCY. AND THIS DEBT WAS
NOT REAF1.l1RMElO, THIS CORRESPONDENCE IS NOT AN/) SHOULD NOT BE CONSTRUED TO BE AN A'M'EMPT TO
COLU!:CT ADEB1', BUT ONLY ENFORCEMENT 0:1 ALIEN AGAINST THE PROPERTy."....."
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.... REAL ESTA,'~ CLOSING ....
31974
Buyer/80rrower: Rudy &
Seller:
Lender: Alliance Funding, a Division of Superior Bank, FSB
Property: 914 Wertzville Road/East
Settlement Date: March 1, 2001
Disbursement Date: March 6, 2001
Check Amount $ 34,928.88
Pay To: Homeside Lending
For:
Payoff Mortgage and Judgement
Acct #19275937
0804722676
EXHIBIT
'1
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31914'4 .,
Chelsell Settlement Services, Inc.
ESCROW ACCOUNT
5010 TRINDLE ROAD SUITE 200
MECHANICSBURG. PA 17050
PH: (717) 731-9700
LEGACY BANK
NUMBER
60-1860/313
2001012273
-Thirty Four Thousand Nine Hundred Twenty Eight and 88/100
Payoff Mortgage and Judgement
------------CATE----------------------------JrnIOUNflollars
March 6, 2001
$ ......34,928.88
PAY
TO THE
ORDER
OF
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Homeside Lending
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19013-1814
II' O:llo '1 'i'I.II' 1:0:l1o :l108 1;0 1;1: II" 10000 100:l I; 211'
CHELSEA SETTLEMENT SERVICES. INC,
31974
31974
Buyer/Borrower: Rudy &
Seller:
Lender: Alliance Funding, a Division of Superior Bank, FS8
Property: 914 Wertzville Road/East
Settlement Date: March 1, 2001
Disbursement Date: March 6, 2001
Check Amount: $ 34,928.88
Pay To: Homeside Lending
For:
Payoff Mortgage and Judgement
Acct #19275937
0804722676
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PUB PKG CHG $ 12i:~~ $ 0.00
DV $ 0.0000 CT $ 0.00
DC $ 0. SD $ 0.00
All $ 0.00 SP $ 0.00
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NTFY $N~+0~UST CIlG $ 12.25
~g~~t PUB PKG cllG $ 12.25
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REORDER FROM YOUR LOCAL SAFEGUARD DISTRIBUTOR,IF UNKNOWN, CALL 80(1-523-2422
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Tracking Summary
To see a detailed report for each package, please select the Detail button.
,
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TRACKING NUMBER
1. lZA9835ROl40235424
STATUS
Delivered
Delivered on:
Delivered to:
011II
Signed by:
Service Type:
Mar 7, 20019:16 A.M.
PHILADELPHIA, P A.
US
HOUSTON
NEXT DAY AIR
Tracking results provided by UPS: Apr 6, 2001 10:04 A.M. Eastern Time (USA)
NOTICE: UPS authorizes you to use UPS tracking systems solely to track shipments tendered by or for you to
UPS for delivery and for no other purpose. Any other use of UPS tracking systems and information is strictly
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PICKUP O~OP. OFr
SUPPLIES
S(~(us: Delivered
Delivered on: Mar 7, 2001 9:16 A.M.
-Signed by: HOUSTON
Location: RECEPTION
Delivered to: PHILADELPHIA, PA, US
Shipped or Billed on: Mar 6, 2001
Tracking Number: IZ A98 35R 0140235424
Service Type: NEXT DAY AIR
PACKAGE PROGRESS
Date Time
Mar 7, 2001 9:16 A.M.
8:49 A.M.
7:52 A.M.
Mar 6, 2001
4:37 A.M.
1:00 A.M.
10:57 P.M.
7:54 P.M.
4:51 P.M.
Location
AIR SERVICE CENTER I, PA, US
AIR SERVICE CENTER I, PA, US
AIR SERVICE CENTER I, PA, US
PHILA OREGON A V, PA, US
PHILA OREGON A V, PA, US
HARRISBURG, PA, US
HARRISBURG, PA, US
US
Activity
DELIVERY
INCOMPLETE ADDRESS,
NOT
DELlVERED;ADDRESS
CORRECTED. DELIVERY
RESCHEDlJLED
COMPANY OR PERSON
UNKNOWN, NOT
DELIVERED
DESTINATION SCAN
ARRIVAL SCAN
DEPARTURE SCAN
ORIGIN SCAN
PICKUP MANIFEST
RECEIVED
Tracking results provided by UPS: Apr 6, 2001 10:04 A.M. Eastern Time (USA)
NOTICE: UPS authorizes you to use UPS tracking systems solely to track shipments tendered by or for you to
UPS for delivery and for no other purpose. Any other use of UPS tracking systems and information is strictly
prohibited.
qr Top ofl'<l~
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Home I Irack I Ship I Rates I Transit Ti)ne I !,ickup I Drop-off I Supplies
Service .Q!!j<:l~ 1 E-Business I Custom~~yJ!;~ I AJ:l.Qllt UPS I Site Guide I MY UPS.COM
Copyright ilJ 1994-1999 United Parcel Service of America, Inc,
All Rights Reserved, 36 USC 380. Trademark and Taxifflnfonnation
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Larry Phelan 215-563--6945
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FEDERMAN AND PHELAN, L.L.P.
Suite 1400
1617 JFK. Boulevard
Philadelphia, PA 19103-1814
215-563-7000
Personal Fax: 215-563-6945
Iany.phe1an@fi:dphe-pa.com
L..wreIla: T. Phelan
Managing PllltIlel'
Rcp=cntblg LCDdcra in
Pennsylvania and New Jersey
March 13, 2001
To: Peter Russo, Esquire
Yau are authorized to include the following paragraph in your motion:
(#). The plaintiff in this matter, Homeside Lending, through their counsel,
Frank Federman, has no objection to this motion. Counsel for Homeside
concurs that the United Parcel package COtlt>li:~li1\g the reinstatement funds was
received in his office at 9:15 a,m. on the day of the sherifFs sale. Because of
the volume of mail received that morning, the pachgc" was not opened and
reviewed until after the 1 0:00 a.m. Sheriff sale. Had the package been opened
prior to the sale, counsel would have directed the Cumberland County sheriff
to stay the sale.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-07126 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRAT
VS
RUDY CATHERINE H
HAROLD WEARY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
RUDY CATHERINE H
the
DEFENDANT
, at 0017:56 HOURS, on the 18th day of October ,2000
at 914 WERTZVILLE ROAD
EAST PENNSBORO, PA 17025
by handing to
RICK RUDY ( Adult Son
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
9.30
.00
10.00
.00
37.30
1!'"~ -/.t:~it
R. Thomas Kline
10/19/2000
FEDERMAN & PHELAN
Sworn and Subscribed to before
By:
-~AAM ~
Deputy Sheriff '
me this ~3~ day of
Q~.z.3 2nI1J A. D.
qr;" {/ ~ ka;;;-
rothonotary I T7
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FROM: GLENDA
7613830
10:2583124
PAGE: 01
Tri.County Abstract Service
3414 Chestnut. Street. Camp HlII, Pennsylvania 17011
Telephone (717) 761-8870 . Fax (lll) 761-3830
GLENDA. M. WIi:'l'HINGTON
March 15, 2001
TO; ANTHONY MILLER & DANIEL DEITCHMAN
FROM; GLENDA M. WETHINGTON
VIA FAX TO: 6918482
IN RE: LIEN SEARCH - CA YHERJNE H. RUDY, 914 WERTZVILLE RD., ENOLA, P A
Tax parcel No. 09 140836 138.
THE RESUL IS OF niTS LlEN SEARCH ON MARCH 7'" and 8''',of2001 show only the
mortgage dated and recorded on April 24,1996, in Mortgage Book 1316, at page 30 in.the
amount of$30,000.00; Assigned to MERS OIl July 20,1999, in Misc. Book 619 at page 748.
In the Prothonotary's Office there was of course, the suit for the Mortgage Foreclosure A.ction
, filed to No. 7126 of2000.
We checked this again on Monday A.M. and still found nothing else.
I.hereby attest that the foregoing facts are true and correct to the best of my knowledge,
information and belief. r acknowledge that any false statements herein are made su~ject to the
penalties of 18 P A, C.s.A, Sec. 4904 relatin.g to unsworn falsification to authorities. '
SIGNED: ~~ ~>n )(;;k+
/
Dated March 15, 2001
~--,~-
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RECEIPT FOR PAYMENT
-------------------
-------------------
Cumberland County Pennsylvania
Hanover-and High Street
Carlisle, PA 17013
Receipt
Receipt
Receipt
MORTGAGE ELECTRONIC REGISTRAT (VS) RUDY CATHERINE H
Case Number 2,000-07126 R
Service Info
Remarks PAID BY TONY MILLER
Total Check. _. +
Total Cash... '. +
Cash Out...... -
Receipt total. =
2,400.00
.00
.00
2,400.00
Date 03/07/2001
Time 11;01;07
No. 266585
Check No. 1323
------------------------ Distribution Of Payment ----------------------------
Transaction Description Payment Amount
ADVANCE PAYMENT
2,400.00
2,400.00
FEDERMAN & PHELAN
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RECEIPT FOR PAYMENT
-------------------
-------------------
Cumberland County Pennsylvania
Hanover and High Street
Carlisle, PA 17013
.
Recetpt
Recelpt
Receipt
MORTGAGE ELECTRONIC REGISTRAT (VS) RUDY CATHERINE H
Case Number 2000-07126 R
Service Info
Remarks PAID BY DANIEL DEITCHMAN
Total Check... +
Total Cash.... +
Cash Out. . . . .. -
2,400.00
.00
.00
Receipt total. 2,400.00
-""~~,'
Date 03/07/2001
Time 11:00:14
No. 266584
Check No. 6445
------------------------ Distribution Of Payment----------------------------
Transaction Description Payment Amount
ADVANCE PAYMENT
2,400.00
2,400.00
FEDERMAN & PHELAN
_"~"'I~~WO'.l
. ---
...' I '.
RECEIPT FOR PAYMENT
~==~==~=;;=~~~~~~==
cumberland County Pennsylvania
Hanover and High Street
Carlisle, PA 17013'
Receipt Date 03/12/2001
Receipt Time 09:25:31
Receipt ,No. 266579
MORTGAGE ELECTRONIC REGISTRAT (VS) 'RUDY CATHER!NE H
Case Number 2000-07125 R
Service Info
Remarks PAID BY TONY MILl..~
Total Check... +
Total Cash.... +
. Cash out.... . ;. -
Receipt total. =
23,521. 00
. .00
.,00
23,521. 00
Check No. 1327
---~---------- ..------- -- Distribution Of Payment ______u _.,.~__h_____ -__ --- - - ,
TransactionDescription Payment Amount
ADVANCE PAYMENT 23,521.00
FEDERMAN & PHELAN
23,521.00
,.r..........
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RECEIPT FOR PAYMENT
:=~===~~=~~===;=~:=
Cumberland County Pennsylvania
Hanover and High Street
Carlisle, PA 17013,
Receipt
Receipt
Receipt
MORTGAGE ELECTRONIC REGISTRAT (VS) ,RUDY CATHERINE H
',Case Number 2000~07i26 R'
Service Info,
'Remarks ' PAJ;D BY DANIEL J)EITCHMAN '
TOtal Check. . . '+
Total Cash. ... +
Cash Out.... .. _
Receipt total. =
---------~----~---------.
Transaction Description
ADVANCE PAYMENT
... '~1-#~-
Date 03/12/2001
Time 09:24:19
No. 266677
23,521.00 Check No. ,3447
' , .00
.00
,23,521. 00
Distribiu:ionOf paynient ,________~______~- ___~-~----_
'Payment Amount
23,521.00 FEDERMAN & PHELAN
'23,521.00
AFFIDAVIT OF SERVICE
PLAINTIFF
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
CUMBERLAND COUNTY
No.2000-07126
DEF;J:NDANT(S)
CATHERINE H. RUDY
Type of Action
- Notice of Sheriff's Sale
SERVE AT
914 WERTZVILLE ROAD
EAST PENNSBORO, P A 17025
Sale Date: MARCH 7, 2001
"
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SERVED
Served and made known to CArNEJillJE fl. RUh\f ,Defendant, on the .QIST
at fa. .0'clockt,m.,at.9ILJ W$t.VILLE J1IJJ Ef.ltr' U>EJ.JIJ'iAtJ/Jo. PP'17d~,~-
day of
nf: c, , 200Q., .
, Commonwealth
of Pennsylvania, in the manner described below:
v' Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Relationship is
Adult in charge ofDefendant(s)'s residence who refused to give name or relationship.
Manager/Clerk of place oflodging in which Defendant(s) reside(s).
Agent or person in charge ofDefendant(s)'s office or usual place of business.
an officer of said Defendant(s)'s company.
Other:
Description: Age 12 Height Sd- CI Weight 1!ld. RaceW Sex ~ Other
I, ~IIL 1:1. ~('_~ "'$..... , 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 Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at
the address indicated above.
(~~?~~'~t~'
W NOT SERVED
,200_, at
o'clock _.m., Defendant NOT FOUND because:
Moved
Unknown
No Answer
Vacant
Other:
'j
Sworn to and subscribed
before me this _ day
of , 200 _'
Notary:
By:
Attornev for Plaintiff
Frank Federman, Esquire -l.D. No. 12248
One Penn Center Snhurban Station, Suite 1400
Philadelphia, P A 19103
(215) 563-7000
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SALE DATE: MARCH 7. 2001
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
No.: 2000-07126
vs.
CATHERINE H. RUDY
AFFIDAVIT PURSUANT TO RULE 3129.1
AND RETURN OF SERVICE PURSUANT TO
Pa. R.C.P. 405 OF NOTICE OF SALE
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:
914 WERTZVILLE ROAD. EAST PENNSBORO. PA 17025.
As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given 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 attached Affidavit No.2 (previously filed), and a copy ofthe notice is attached as an
Exhibit. 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.
~~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
February 1, 2001
-
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MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
CATHERINE H. RUDY
NO. 2000-07126
nefendant( s).
AFFIDA VlT PURSUANT TO RULE 3129
(Affidavit No. I)
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 914
WERTZVILLE ROAD, EAST PENNSB@RO. P A 17025.
1. Name and address ofOwner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
CATHERINE H. RUDY 914 WERTZVILLE ROAD
EAST PENNSBORO, P A 17025
2. Name and address of Defendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate,)
Same as above
3. Name and 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 so indicate.)
None
-
......" ,"-~
4. Name and address of the last recorded holder of every mortgage of record:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so 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 so 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 so indicate.)
None
7. Name and address of every other person 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 so indicate.)
Tenant/Occnpant
914 WERTZVILLE ROAD
EAST PENNSBORO, P A 17025
Domestic Relations of
Cumberland County
13 North Hanover Street
Carlisle, P A 17013
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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
December 8. 2000
DATE
~~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
-
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.
DATE: DECEMBER 8, 2000
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY
OWNER(S) CATHERINE H. RUDY
PROPERTY: 914 WERTZVILLE ROAD
EAST PENNSBORO, PA 17025
Improvements: Residential Property
CUMBERLAND COUNTY
The above-captioned property is scheduled to be sold at the Sheriffs Sale on MARCH 7.
2001, at 10:00 a.m. in Cnmberland County Courthouse. South Hanover Street, Carlisle, PA. Our
records indicate that you may hold a mortgage or judgment on the property, which may be extinguished
by the sale. You may wish to attend the sale to protect your interests.
A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff
not later than 30 days after sale. Distribution will be made in accordance with the schedule unless
exceptions are filed thereto within 10 days after the filing of the schedule.
LH
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F:\FILES\DATAFILE\Gendoc.cur\102822res.21tde
Created: 03/26/011026:08AM
Revised: 03/27/01 03:48:12 PM
HOMESIDE LENDING, ITS
SUCCESSORS AND/OR ASSIGNS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-07126 CNIL ACTION - LAW
CATHERINE H. RUDY,
Defendant
RESPONSEIREPLY OF THE CUMBERLAND COUNTY SHERIFF TO
"CAUSE SHOWN" OF RESPONDENTS DEITCHMAN AND MILLER
AND NOW, comes the Cumberland County Sheriff, R. Thomas Kline ("Answering
Respondent"), by and through his Solicitor, Edward 1. Schorpp, Esquire, who interprets the "Cause
Shown" filed by Respondent Miller and Respondent Deitchman to be in the nature of New Matter,
to which Respondent replies as follows:
I. Denied. After reasonable investigation, Answering Respondent is without knowledge
or information sufficient to form a belief as to the truth of this averment and the same is therefore
denied.
2. Aclmitted.
3--4. Denied. Afterreasonable investigation, Answering Respondent is without knowledge
or information sufficient to form a belief as to the truth of these averments and the same are therefore
denied.
5. Admitted.
6. Denied. Afterreasonable investigation, Answering Respondent is without knowledge
or information sufficient to form a belief as to the truth of this averment and the same is therefore
denied..
7. Admitted.
8. Denied. The averments of this paragraph constitute conclusions oflaw requiring no
answer.
9-13. r:>enied. Afterreasonab1e investigation, Answering Respondent is without knowledge
or information sufficient to form a belief as to the truth ofthese averments and the same are therefore
denied.
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14-15. Denied. The averments of these paragraphs constitute conclusions of law requiring
no answer herein.
16. Denied. Afterreasonable investigation, Answering Respondent is without knowledge
or information sufficient to form a belief as to the truth of these averments and the same are therefore
denied.
17-21. Denied. The averments ofthese paragraphs constitute conclusions oflaw requiring
no answer herein.
WHEREFORE, Answering Respondent requests that the Petition be dismissed.
B~$~~~
Edward L. Scho p, Esqui e
Solicitor
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorney for Answering Respondent
Cumberland County Sheriff, R. Thomas Kline
Date: March;l8', 2001
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VERIFICATION
I verify that the statements contained herein are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn
falsification to authorities.
CUMBERLAND COUNTY SHERIFF
<~~
R. Thomas Kline I
Dated:M~h'::28: ::Joo1
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CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Response to Cause Shown was served this date by depositing
same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Peter J. Russo, Esquire
5010 East Trindle Road
Mechanicsburg, PA 17050
Mr. Anthony Miller, pro se
103 Locust Street
East Berlin, PA 17316
Frank Federman, Esquire
1617 JFK Boulevard, Suite 1400
Philadelphia, P A 19013
Mr. Daniel Deitchman, pro se
373 Claremont Drive
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
6!fgt (J. ~o-J
Tricia D. Eckenroad
en East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: March2&", 2001
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Created: mI26/0110:02:55AM
Revised: 03/27/01 03:47:27 PM
HOMESIDE LENDING, ITS
SUCCESSORS AND/OR ASSIGNS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-07126 CNIL ACTION - LAW
CATHERINE H. RUDY,
Defendant
.RESPONSE OF THE CUMBERLAND COUNTY SHERIFF
TO PETITION TO SET ASIDE SALE
AND NOW, comes the Cumberland County Sheriff, R. Thomas Kline ("Respondent"), by
and through his Solicitor, Edward 1. Schorpp, Esquire, and responds to the Petition of Catherine H.
Rudy as follows:
1. Denied. After reasonable investigation, Respondent is without knowledge or
information sufficient to form a belief as to the truth of this averment, and the same is therefore
denied.
2. Admitted.
3-5. Denied. After reasonable investigation, Respondent is without knowledge or
information suff(cient to form a belief as to the truth of these averments, and the same ate therefore
denied.
6. Denied. The averments ohhis paragraph constitute mixed conclusions oflaw and
~factual averments. The conclusions oflaw are denied. After reasonable investigation, Respondent
is without knowledge or information sufficient to form a belief as to the truth of the factual
averments and the same are therefore denied.
7-9. Denied. After reasonable investigation, Respondent is without knowledge or
information sufficient to form a belief as to the truth of these averments, and the same are therefore
denied.
10. Denied. The averments of this paragraph constitute mixed conclusions oflaw and
;.
factual averments. The conclusions oflaw are denied. After reasonable investigation, Respondent
is without kno\vledge or information sufficient to form a belief as to the truth of the factual
averments and the same are therefore denied.
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11. Denied. After reasonable investigation, Respondent is without knowledge or
information sufficient to form a belief as to the truth of this averment, and the same is therefore
denied.
12. Admitted.
13. Denied. After reasonable investigation, Respondent is without knowledge or
information sufficient to form a belief as to the truth of these averment, and the same are therefore
denied.
14. penied. These averments constitute conclusions oflaw requiring no answer herein.
15-16. Denied. After reasonable investigation, Respondent is without knowledge or
information sufficient to form a belief as to the truth of these averments, and the same are therefore
denied.
WHEREFORE, Respondent prays that the Petition be dismissed.
BY~~~
Edward L. Scho p, Esqmre
Solicitor
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorney for Respondent
Cumberland County Sheriff, R. Thomas Kline
Date: March~, 2001
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VERIFICATION
I verify that the statements contained herein are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn
falsification to authorities.
CUMBERLAND COUNTY SHERIFF
JC~~
Dated: '-?'?~""""~~I
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CERTIFICATE OF SERVICE
I, Tricia D. Eckemoad, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Response of Cumberland County Sheriff to Se Aside Sale was
served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage
prepaid, addressed as follows:
Peter J. Russo, Esquire
5010 East Trindle Road
Mechanicsburg, PA 17050
Mr. Anthony Miller, pro se
103 Locust Street
East Berlin, P A 17316
Frank Federman, Esquire
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19013
Mr. Daniel Deitchman, pro se
373 Claremont Drive
Carlisle, P A 17013
MARTSON DEARDORFF WILLIAMS & OTTO
~ig,fd wr-"O
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: March Z8', 2001
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, 1Ne.
CUMBERLAND COUNTY
Plaintiff,
v.
No. 2000-07126
CATHERINE H. RUDY
nefendant( s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$31.932.88
Interest from 11/22/00 - 03/07/01
$551.25 and Costs
(per diem - $5.25)
$32.484.13
~~~
FRANK FEDERMAN, ESQUIRE
ONE PENN CENTER at SUBURBAN STATION
SUITE 1400
PHILADELPHIA, PA 19103
Attorney for Plaintiff
Note: Please attach description of property. No.
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DESCRIPTION
ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland
County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a pin on the southerly line of the State Road, known as Wertzville Road, at the line
of lands now or late of R.O. Brashear; thence along the said highway North 85 degrees 15 minutes
. East, 80 feet to a pin; thence along lands now or late of Mauro Sgrignoli and Feliciana Sgrignoli,
South 4 degrees 45 minutes East 470 feet to a pin on the line of lands now or late of Marlin E.
Sheeley and wife; thence South 31 degrees 30 minutes West, 9 feet to a pin; thence along other
lands now or late of Mauro Sgrignoli and Feliciana Sgrignoli, North 44 degrees 17 minutes 30
seconds West one hundred seventeen and thirty-one hundredths feet to an iron pin; thence along
lands now or late of R.O. Brashear, North 4 degrees 45 minutes West, 386,8 feet to an iron pin, the
place of beginning.
RECORD OWNER
TITLE TO SAID PREMISES IS VESTED IN Catherine H. Rudy, her heirs and assigns, by Deed
from Patricia A. Lusk, widow, dated 4/24/96, recorded 4/26/96, in Deed Book 138, Page 141.
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MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
CATHERINE H. RUDY
NO. 2000-07126
Defendant(s).
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 914
WERTZVILLE ROAD, EAST PENNSBORO, P A 17025.
1. Name and address ofOwner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
CATHERINE H. RUDY 914 WERTZVILLE ROAD
EAST PENNSBORO, PA 17025
2. Name and address ofDefendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Same as above
3. Name and 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 so indicate.)
None
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4. Name and address of the last recorded holder of every mortgage of record:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so 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 so 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 so indicate.)
None
7. Name and address of every other person 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 so indicate.)
Tenant/Occupant
914 WERTZVILLE ROAD
EAST PENNSBORO, PA 17025
Domestic Relations of
Cumberland County
13 North Hanover Street
Carlisle, P A 17013
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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
December 8. 2000
DATE
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FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
CUMBERLAND COUNTY
Plaintiff,
No. 2000-07126
v.
CATHERINE H. RUDY
Defendant(s).
December 8, 2000
TO: CATHERINE H. RUDY
914 WERTZVILLE ROAD
EAST PENNSBORO, P A 17025
**THIS FIRM IS A DEBT COLLECTOR A TTEMPTlNG TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VB 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 DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
Your house (real estate) at 914 WERTZVILLE ROAD. EAST PENNSBORO, PA 17025, is
scheduled to be sold at the Sheriff's Sale on MARCH 7.2001 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. If
the Sheriffs sale is postponed, the property will be relisted for the June 6. 2001 Sheriffs Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT TillS SHERIFF'S SALE
To prevent this Sheriff's 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.
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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.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, P A 17013
(717) 249-3166
(800) 990-9108
".
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DESCRIPTION
ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland
County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a pin on the southerly line of the State Road, known as Wertzville Road, at the line
of lands now or late of R.O. Brashear; thence along the said highway North 85 degrees 15 minutes
, East, 80 feet to a pin; thence along lands now or late of Mauro Sgrignoli and Feliciana Sgrignoli,
South 4 degrees 45 minutes East 470 feet to a pin on the line of lands now or late of Marlin E.
Sbeeley and wife; thence South 31 degrees 30 minutes West, 9 feet to a pin; thence along other
lands now or late of Mauro Sgrignoli and Feliciana Sgrignoli, North 44 degrees 17 minutes 30
seconds West one hundred seventeen and thirty-one hundredths feet to an iron pin; thence along
lands now or late of R.O. Brashear, North 4 degrees 45 minutes West, 386.8 feet to an iron pin, the
place of beginning.
RECORD OWNER
TITLE TO SAID PREMISES IS VESTED IN Catherine H. Rudy, her heirs and assigns, by Deed
from Patricia A. Lusk, widow, dated 4/24/96, recorded 4/26/96, in Deed Book 138, Page 141.
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FEDERMAN and PHELAN
By: FRANK FEDERMAN
Identification No. 12248
Suite 1400
One Penn Center at Suburban Station
Philadelphia, PA 19103
(215) 563-7000
ATTORNEY FOR PLAINTIFF
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
v.
CIVIL DlVISION
CATHERINE H. RUDY
NO. 2000-07126
Defendant( s).
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:
() 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.
~~~~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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HOMESIDE LENDING, ITS
SUCCESSORS AND/OR
ASSIGNS,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-7126 CIVIL
vs.
CIVIL ACTION - LAW
CATHERINE H. RUDY,
Respondent
IN RE: PETITION TO SET ASIDE SHERIFF'S SALE
ORDER
AND NOW, this
'f'*" day of April, 2001, after hearing, the court being satisfied
that 10 Pa. Code 7.2 is inapposite to the situation here presented and that the court must be
guided by the clear meaning of 41 P.S. 404(a), and that tender was made of the amount necessary
to cure default more than an hour prior to the commencement of bidding on the subject project,
the within petition to set aside sheriffs sale is GRANTED. The sheriff is flirected to return all
funds paid by Messrs. Miller and Deitchman in connection with this matter.
BY THE COURT,
Frank Federman, Esquire
For Homeside Lending, Inc.
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Kevi . Hess, 1. ~ 1/~
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p-KS
Peter J. Russo, Esquire
For Catherine Rudy
Edward Schorpp, Esquire
For Cumberland County Sheriff
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Anthony MiUer, Pro Se
103 Locust Street
East Berlin, P A 17316
Danie] Deitchman, Pro Se
373 Claremont Drive
Carlisle, PA 17013
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Mortgage Electronic Registration Systems
Inc.
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Catherine H. Rudy
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In The Court of Common Pleas of
Cwnberland County, Pennsylvania
No. 2000-7126 Civil
R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ
is returned STAYED.
Sheriff's Costs:
Docketing
Poundage
Posting Bills
Advertising
Auctioneer
Law Library
County
Levy
Postpone Sale
Surcharge
Certified mail
Mileage
Law Journal
Patriot News
Share of Bills
30.00
11.35
15.00
15.00
10.00
.50
1.00
15.00
20.00
1.10
8.68
237.50
188.25
25.53
578.91
Sworn and subscribed to before me
This :15 It' day of 1"<;1
2001, A.D. Ql/~ 0 7h,b,.~ ~
r thonotary
pd by atty. 04/17/01
So answers:
R. Thomas Kline, Sheriff
BYitN~e-
Deputy henff
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MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
CATHERINE H. RUDY
NO. 2000-07126
Defendant(s).
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 ofthe date the Praecipe for the Writ of
Execution was filed the following information concerning the real property located at 914
WERTZVILLE ROAD, EAST PENNSBORO. PA 17025.
1. Name and address ofOwner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
CATHERINE H. RUDY 914 WERTZVILLE ROAD
EAST PENNSBORO, PA 17025
2. Name and address ofDefendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Same as above
3. Name and address of every judgment creditor whose judgment is d record lien on the real
property to be sold:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
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,
,
4. Name and address of the last recorded holder of every mortgage of record:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so 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 so 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 so indicate.)
None
7. Name and address of every other person 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 so indicate.)
Tenant/Occupant
914 WERTZVILLE ROAD
EAST PENNSBORO, PA 17025
Domestic Relations of
Cumberland County
13 North Hanover Street
Carlisle, P A 17013
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 ofJ8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
December 8. 2000
DATE
~evd. KIA-+-
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
CUMBERLAND COUNTY
Plaintiff,
No. 2000-07126
v.
CATHERINE H. RUDY
Defendant(s).
December 8, 2000
TO: CATHERINE H. RUDY
914 WERTZVILLE ROAD
EAST PENNSBORO, PA 17025
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBT AlNED 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 DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."
Your house (real estate) at 914 WERTZVILLE ROAD. EAST PENNSBORO. PA 17025, is
scheduled to be sold at the Sheriff's Sale on MARCH 7. 2001 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. If
the Sheriff s sale is postponed, the property will be relisted for the June 6. 2001 Sheriff s Sale.
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 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.
.
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.
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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. Ifthe 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, orways 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, P A 17013
(717) 249-3166
(800) 990-9108
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DESCRIPTION
ALL THAT CERTAIN lot or piece of land simate in East Pennsboro Township, Cumberland
Couney, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a pin on the southerly line of the State Road, known as Weruville Road, at the line
of lands now or late of R.O, Brashear; thence along the said highway North 85 degrees 15 minutes
East, 80 feet to a pin; thence along lands now or late of Mauro Sgrignoli and Feliciana Sgrignoli,
South 4 degrees 45 minutes East 470 feet to a pin on the line of lands now or late of Marlin E.
Sheeley and wife; thence South 31 degrees 30 minutes West, 9 feet to a pin; thence along other
lands now or late of Mauro Sgrignoli and Feliciana Sgrignoli, North 44 degrees 17 minutes 30
seconds West one hundred seventeen and thirty-one hundredths feet to an iron pin; thence along
lands now or late of R.O. Brashear, North 4 degrees 45 minutes West, 386.8 feet [Q an iron pin, the
place of beginning.
RECORD OW:'Ii'ER
TITLE TO SAID PREMISES IS VESTED IN Catherine H. Rudy, her heirs and assigns, by Deed
from Patricia A. Lusk, widow, dated 4/24/96, recorded 4/26/96, in Deed Book 138, Page 141.
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WRIT OF EXECUTION and/or ATTACHMENT
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COMMONWEALTH c:WPENNSYLV ANIA)
COUNTY OF CUMBERLAND)
NO. 00-7126 CIVIL' TERM
CIVIL ACTION - LAW
TO THE SHERIFF OF
Cumberland
COUNTY:
To satisfy the debt, interest and costs due Mortqaqe Electronic Reqistration Systems, Inc.
PLAINTIFF(S)
from Catherine H. Rudy, 914 Wertzville Road, East Pennsboro, PA 17025
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell See Leqal 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 notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or.for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;' ,
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..,- .', (3) Ifpropertyoftbe de{endant(s) not levied uponan subjectto attachment is found inthe possession of anyone other
thana-named garnishee. you are directed to notify him/her that he/she has been added as a garnishee and is enioined as above
stated.
L.L.
and Costs
Due Prothy
Other Costs
$.50
Amount Due S31.932.88
11/22/00 - 3/7/01 - $551.25
Interest (per dciIR $5.25)
Atty's Comm %
AttyPaid $109.30
Plainliff Paid
Date:
December 13, 2000
Curtis R. Long
d_ ,'~2~;:.1
Deputy
---bY:
REQUESTING PARTY:
Name
Address:
Frank Federnan, Esq.
One Penn Center at Suburban Station - Suite 1400
Philadelphia, PA 19103
Attorney fOr: Plaintiff
Telephone: 215-563-7000
Supreme Court 10 No. 12248
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REA[ ESTATE SALE N&)3 .
Uti ~ ..' I....... ;s::LtrotD the sheriff levied upon the defenaam;.
interest in the real property situated in~A -J A....ANJL..,~~ ~,f'
Cumberland County, Pa., k'1!J;t." lnd numberedas:9.yt.).,A?ud~f.,L ". t..,..
c"..-dJ- ana mo€ . I..d on Exhibit "A" filed with ~
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
8201 GREENSBORO DRNE, SUITE 350
MCLEAN, VA 22102 No.: 2000-07126
vs.
CATHERINE H. RUDY
914 WERTZVILLE ROAD
EAST PENNSBORO, P A 17025
PRAECIPE TO VACATE JUDGMENT
TO THE PROTHONOTARY
Kindly mark the judgment that was entered in the above captioned matter on
NOVEMBER 27,2000 vacated upon payment of your costs only.
::c_ A h 1C(/{~
. ~an, EsqUire ~
Attorney for Plaintiff
June 13, 2001
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ORDER/NOTICE TO WITHHOLD INCOME fOR SUPPORT
kt. 00 - "IrQ? (!/ tJ/L
State Commonwealth of Pennsylvania iJ.q(!i:fgS '? 79 10 d ~ t/t..,.
Co./City/Dist. of CUMBERLAND j)/Z-
Date of Order/Notice OS/28/01 30,)),,0-
Court/Case Number (See Addendum for case summary)
Employer/Withholder's Federal EIN Number
BENC~K IMAGING SERVICES
EmployerlWithholder's Name
335 BRIDGE ST
Employer/Withholder's Address
NEW CUMBERLAND PA 17070-2129
o Original Order/Notice
@ Amended Order/Notice
o Terminate Order/Notice
) RE, CHIARA, CHARLES T.
) Employee/Obligor's Name (Last, First, Mil
) 202-42-7171
l Employee/Obligor's Sodal Security Number
) 3610100656
) Employee/Obligor's Case Identifier
) (See Addendum for plaintiff names assodated with cases on attachment)
l Custodial Parent's Name (Last, First, MI)
)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 530.00 per month in current support
$ 0.00 per month in past-due support Arrears 12 weeks or greater? o yes @ no
$ 0.00 per month in medical support
$ 0 00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 530. DO per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 122.31 per weekly pay period.
$ 244.62 per biweekly pay period (every two weeks).
$ 265.00 per semimonthly pay period (twice a month).
$ 530.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate!date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. for the purpose of the limitation on withholding, the following information is
needed (See #9 on pg. 2).
If remitting by EfT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer SelVice at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.o. Box 69112, Harrisburg, Pa 17106.9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
MAILED
(tP-ff;' -0/
1$
DRO: RJ Shadday
xc: defendant
Date of Order:
June 6, 2001
SelVice Type M
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Edgar B. Bayley
JlID}E
form EN-028
Worker 10 $IATT
OMBNo.;0970-0154
Expiration Date: 12/31/00
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ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If checked you are required to provide a copy of this form to your employee.
1. Priority: Withhoiding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt ofthis order have priority. If there are Federal tax levies in effect please contact the requesting
agency iisted below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment
to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to
each employee/obiigor.
3.* R:t.poltil,g till- PayJabdDate 6f'Nitl.l,oIJ:"5. YOtllllust lepolt tilt:: paydah;;,'date of yy;lI.ltoldil,g yvl,d, 5el,J:I'5 tile pdylllellt. Tltt::
payd&.b'date of yy;t1III(:.ldiJl~ ;5 tile dab:, 61. yvl.kl. all16uht VYQ;;> vvitLLelJ hulll tLe (.I 11,....10 yee's VYQ5d. You must comply with the law of the
state of the employee's/obiigor's principal piace of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support
against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding Iimitsl you must
foliow the law of the state of employee's/obligor's principai place of employment. You must honor ali Orders/Notices to the greatest
extent possible. (See #9 below)
S. Termination Notification: You m~st promptly notify the Requesting Agency when the employee/obligor is no longer working for
you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 0457100148
EMPLOYEE'S/OBLlGOR'S NAME: CHIARA. CHARLES T.
EMPLOYEE'S CASE IDENTIFIER: 3610100656 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS,
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liabiiity: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheid from the empioyee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs
unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding.
Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is
employed governs.
9. * Withholding Limits: You may not withhold more than the iesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obiigor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxesi Social Security taxesi and Medicare taxes.
10.
'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with resped to these items.
If you or your employee/obligor have any questions,
contad WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (7171 240-6248 or
by Internet @
Requesting Agency:
DOMESTIC REI A TIONS SECTION
POBOX 320
CARLISLE PA 17013
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 0970-0154
Expiration Date: 12131/00
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ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: CHIARA, CHARLES T.
PACSES Case Number
Plaintiff Name
PAMELA S. CHIARA
Docket Attachment Amount
00-7887CIVIL $ 530.00
Child(ren)'s Name(s);
879102846~O~~S-
PACSES Case Number
Plaintiff Name
DaB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s);
DaB
al;~~;~~~~,~~~~;:;:~~i;~~;~~~;ollthe child(ren) .':> ::, '
identified above in any health insurance coverage available
through the employee's/obligor's employment.
.dl;c~~c~e~,' ;~~~r:;:~ uireJ;~:~r~l;t~:~hil~;;~~),.::::i"
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s);
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s);
DaB
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s);
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s);
DOB
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Addendum
Form EN-028
Worker ID $IATT
Service Type M
OMBNo.:0970-0154
Expiration Date: 12/31/00
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