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HomeMy WebLinkAbout03-2379FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 VS. Plaintiff JOHN F. GARNER 823 BRIAN DRIVE A/K/A WESTWOOD VILLAGE CONDOMINIUM UNIT # 823 ENOLA, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O 3 - o2229 CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 0176315883 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Loan #:0176315883 Plaintiff is SOVEREIGN BANK 601 PENN STREET READING, PA 19601 The name(s) and last known address(es) of the Defendant(s) are: JOHN F. GARNER 823 BRIAN DRIVE A/K/A WESTWOOD VILLAGE CONDOMINIUM UNIT # 823 ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 04/23/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFFwhieh mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1536, Page 797. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2003 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. Loan #: 0176315883 6. The following amounts are due on the mortgage: o Principal Balance Interest 12/1/02 through 05/16/2003 (Per Diem $11.58) Attorney's Fees Cumulative Late Charges 04/23/1999 to 05/16/2003 Cost of Suit and Title Search Subtotal $54,818.20 17,555.28 1,250.00 81.36 $ 550.00 $ 58,633.42 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 58,633.42 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 58,633.42, together with interest from 05/16/2003 at the rate of $11.58 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: '/s~r:ncis S. ~Iall~an FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Loan #: 0176315883 ALL THAT CERTAIN unit in the pruper~y known, named and identified in the Declaration PI~m, referred to below as West-wood Village Condomin/um located in East Pennsb¢.ro TownshlD, Cumberland County, Commonwealth of Pennsylv~nla, w~lch has here'~ofore been submitte~ tn the provisions of =he Unit ProDer~y Act of Pennsyll,an/a, A~ of July 3, 1963, P.L. 196, by the recording in th-- Office of the Recorder of Deeds of Cumberland Count-F, PenneFlvania, of a January 29, 1975 and recorded on Januar~ 29, 1975, in Misc. Book 213, Page 283, and amend.ad by a certain First Amendment to Declaration Creating and Establishing We~s~wood Village Condom~nium da=ed May 28, 1976, and re~orded On June 22, 1975, in M~sc. Book 222, Page 729, and a certain Second Amendment ~o Declaration Creat/ng and ~-stablish/ng Wes~wood Village Condominium dated July 21, i976, and recorded on July 2~, 1976, in Misc. Book 223, Page 343, and a certa/n Thir~ Amendment to Declaration Creating and Establishing Westwood V~lla,ce Condominium dated June 9, 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 22~, and a certain Fourth A~endme~= to Declaration Cremting and Establishing Westwood Village Condominium dated June 13, 1978, and recorded on June 23, 1978, in Misc. BOok 236, Pa~e 2-~0, and a cer't:ain Fifth Amendment to Declaration Creatin9 and Establishing Wes~wood Village Condom~nium dated January 9, 1979 and rmcorded on January 23, 1979, in MiSc. Book ::40, Page 884, and a certain Sixth Amendment =o Declaration Craa~tng and Bstablishing Wes~wood Village Condominium da%~d March 1, 1979, and recorded Mar(-,h 12, 1979, .~n Misc. Book 241, Pa~e ~6. ~ a certain Condominium dated N~~ 8, 1979, and reco~ed November 27, 1979, in Misc. Book 249, Phgm 323. and a Code of Re~la=lo~ of Westw~d ~ndomlnium da=ed J~ua~ 29, 1975, and r~rded on Jaflua~ 2, 1975, in Misc. ~M 2i3, 'Page W~o~ ~illage Condo~ da~ed May 28, ~976, and recorded on June 22, 1976 ~n Mis~. ~oo~ 222, Page 737, ~d Dm=lara~ion Plan of We~=wood Village ~~ det~ Jenu~ 29, 197S ~d r~ded on Janu~ 29, 1975, In Plan ~k 26, Page 1~, and ~ended by ~ain Fir=~ ~en~t to Deol~a=ton Plan of Weald Village ~nd~nt~ da~ed July 21, 1976, and re~rded on July 26, 1976, ~ Pi~ Book 28, Pa~ 72, and amended by a ~ain Se~nd Amendm~t of ~a~ Plan ~f W~o~ Village ~ndom~i~ dated June 16, 1978 and r~ordmd on June 23, 1978, in Plan 9~k 33, Page 28, and amend~ ~ a ~ain T~ ~~t ~o Declaration Plan of Westwood Village Condomi~um dated J~ 9, I979 a~i r~orded Janua~ 23, 1979, ~ Plan ~ok 34, Page 100, ~d ~d by a certain Fuu~ ~endm~t to Dm~ation Plan of Westwood Village ~ndo~ni~ dat~ ]~arch 1, 1979 and recorded Mmr~ 12,' 1979, In Pi~ B~ 35, Page 3, ~d amended ~ a certain Fif~ ~e~= to ~claration Plan of Wms~od Village Co~nl~ dated Nov~mr 8, 1979 and recorded November 27, 1979, In Plan ~ook 37, Page 7, ~etng dest~at~ on said De~ation Plan of W~~ Village Condo~i~um as Unit No. 823, L52-73, In Block No. 5, Bu!idin~ -No. 12, kn~ as 823 ~r!an Drive, ~nola, Cumberla~ County, Pe~lv~ia, as mO~ fully dms~tbed in su~ Decimation Plan ~d sa~ apgemrs of r~rd ~ se: fo~h abo~, including ~y ~ents ~erm=o, ~GETH~R with a pro~rt~ona~e ~d~vided inter~st ~ the C~on El~ents (as defied in ~ch Do,station of N~ne H~dred Eighteen Thous~dt~s Percent (. gla%) ' BEZNGthe s~me'premise$ whlc/~RobertC. Scot= and Carol R. Scot-~, his wife by their deed dated ADTI1 29, 1992and recorded in Cumberland CounteRed, order of Omens Office in BoOk , Page , granted and conveyed unto Lemuel P. St~L~ms, =raneor herein. PREMISES BEING: 823 BRIAN DRIVE, A/K/A WESTWOOD VILLAGE CONDOMINIUM UNIT # 823 VERIFICATION CONSTANCE M. COCROFT hereby states that he/she is VICE PRESIDENT of SOVEREIGN BANK mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification ~o authorities. DATE: FEDE1LMAN AND PHELAN, L.L.P. BY' FRANK FEDERMAN, ESQUIRE Ide~tification No. 12248 Suite 1400, One Perm Center at Suburban Station 1617 John F. Kennedy Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF SOVEREIGN BANK JOHNF. GARNER Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 03-2379 C.T. TERM, 2003 Vs. : Defendant(s) ' : SI IGGESTION OF RECORD CH ANGE RF~: PARAGRAPH #6 OF THE COMPI,AINT IN MORTGAGE FORECLOSURE TO TIlE PROTHONOTARY: FRANK FEDERMAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief that the information in paragraph #6 of the Complaint in Mortgage Foreclosure was erroneously listed as: The following amounts are due on the mortgage: Principal Balance *Interest 12/1/02 through 05/16/03 (Per Diem $11.58) Attorney's Fees Cumulative Late Charges 04/23/1999 to 05/16/03 Cost of Suit and Title Search Subtotal $54,818.20 17,555.28 :L,250.00 81.36 $550.00 $58,633.42 Escrow Credit Deficit Subtotal 0.00 o.oo TOTAL $58,633.42 The correct interest figure for paragraph ~6 is: The following amounts are due on the mortgage: Principal Balance *Interest 12/1/02 through 05/16/03 (Per Diem $11.58) Attorney's Fees Cumulative Late Charges 04/23/1999 to 05/16/03 Cost of Suit and Title Search Subtotal $54,818.20 1,933.86 1,250 00 81 36 $550 00 $58,633.42 Escrow Credit 0.00 Deficit $ 0.00 Subtotal TOTAL $58,633.42 *Please note that the incorrect interest amount did not affect the TOTAL for the amounts due on the mortgage. Total is and remains $58,633.42. Kindly change the information on the docket. Date: June 2, 2003 Frank Federman, Esquire Attorney fcr Plaintiff SHERIFF'S RETURN - CASE NO: 2003-02379 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND SOVEREIGN BANK VS GARNER JOHN F R. Thomas Kline duly sworn according to law, says, that he made a inquiry for the within named DEFENDANT GARNER JOHN F unable to locate Him COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being diligent search and in his bailiwick. but was He therefore returns the the within named DEFENDANT 823 BRIAN DRIVE ENOLA, PA 17025 , GARNER JOHN F , NOT FOUND , as to UNABLE TO SERVE DEFENDANT ALTHOUGH NUMEROUS ATTEMPTS WERE MADE. Sheriff's Costs: Docketing 18.00 Service 31.05 Not Found 5.00 Surcharge 10.00 .00 64.05 R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 06/19/2003 Sworn and subscribed to before me this 30~ day of~ A.D. Pro~h6notary ' ' ' FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK VS. JOHN F. GARNER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DiVISION CUMBERLAND COUNTY NO. 03-2379 CIVIL TERM THIS FIRM IS A DEBT COLLI~CTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUFrCY 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. MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Francis S. Hallinan, Esquire, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by Certified mail and regular mail to the Defendant's last known address and mortgaged premises located at 823 BRIAN DRIVE, A/K/A WESTWOOD VILLAGE CONDOMINIUM UNIT #823, ENOLAPA17025 and in support thereof avers the following: 1. Attempts to serve Defendant with the Complaint have been unsuccessful. The Sheriff attempted to serve the Defendant on numerous occasions at the mortgaged premises located at 823 Brian Drive, A/K/A Westwood Village, Condominium #823, Enola, PA 17025 and was unable to obtain service as indicated by the Sheriffs Remm of Service attached hereto as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquires made and the results is attached hereto as Exhibit "B". H:/Main Forms/motions/county.comp 3. Intemal records reviewed by Plaintiff and has not been contacted by defendant as of ~'Jni¥ 9~ 2003" to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WItEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by certified mail and regular mail. Francis S. Hallinan, Esquire H:/Main Forms/motions/county.comp FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK VS. JOHN F. GARNER ATTORNEY FOR PLAINTII~F COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-2379 CIVIL TERM MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable role, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been rmde to determine the whereabouts of the Defendant(s) mad the reasons why service cannot be made. Note: A Sheriffs return of"Not Found" or thc fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gon~ales vs. Polio, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of latended adoption mailed to last known address requires a good faith effort to discover the correct address." Adootion of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R~ Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests service of the Complaint by certified mail and regular mail.  ect fully submitted: · ancis S. Hallinan, Esquire H:~V/ath Forms/motions/county.comp SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-02379 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLJtND SOVEREIGN BANK VS GARNER JOHN F R. Thomas Kline duly sworn according to law, says, that inquiry for the within named DEFENDANT GARNER JOHN F ,Sheriff or Deputy Sheriff, who being he made a diligent search and unable to locate Him in his bailiwick. but was He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT GARNER JOHN F 823 BRIAN DRIVE ENOLA, PA 17025 UNABLE TO SERVE DEFENDANT ALTHOUGH NUMEROUS ATTEMPTS WERE MADE. Sheriff's Costs: Docketing 18.00 Service 31.05 Not Found 5.00 Surcharge 10.00 .00 64.05 R. Thomas Kline Sheriff of Cumberland County FEDERM3kN & PHELAN 06/19/2003 Sworn and subscribed to before me this day of A.D. Prothonotary SKN Data Research Inc. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 3-6776PA Attorney Firm: Federman & Phelan Subject: John F. Garner Current Address: 823 Brian Dr. Enola, PA 17025 Property Address: 823 Brian Dr. Enola, PA 17025 Mailing Address: 823 Brian Dr. Enola, PA 17025 I Scott Nulty, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT iNFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct John F. Garner - 247-39-8772 B. EMPLOYMENT SEARCH John F. Garner - A review of the credit reporting agencies provided no employment information. C. iNQUiRY OF CREDITORS On 5-12-03 our inquiry of creditors indicated that John F. Garner reside(s) at:823 Brian Dr. Enola, PA 17025 II. iNQUiRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 5-12-03 our office contacted directory assistance which indicated that John F. Garner reside(s) at: 823 Brian Dr. Enola, PA 17025. Our office made a telephone call to the mortgagors phone number and received the following information: 717- 432-5518 spoke to John's ex-wife. III. INQUiRY OF NEIGHBORS N/A iV. iNQUiRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE On 5-12-03 we reviewed the National Address database and found the following information, John F. Garner - 823 Brian Dr. Enola, PA 17025 B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry with creditors, the following is an active mailing Address: no addresses on file V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicle John F. Garner reside(s) at: last registered address. VI. OTHER INQUIRIES A. DEATH RECORDS As of January 1, 2003 Vital Records has no death record on file for John F. Garner. B. COUNTY VOTER REGISTRATION The Cumberland County Voter registration has a registration for John F. Garner residing at: last registered address. C. PUBLIC LICENCES ( PILOT, REAL ESTATE, ETC.) Our office conducted a search for public licenses and found the following: no records on file VII. ADDITIONAL iNFORMATION OF SUBJECT A. DATE OF BIRTH John F. Garner-YOB 1961 B. A.K.A. *All accessible public databases have been checked and cross -referenced for the above named individual(s). *Please be advised all database information indicates the subject resides at the current address. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. AFFIANT Scott K. Nulty SKN Data Research Inc. President Sworn to and subscribed before me this /.fl~- day of J~:::2,r,,~ 2003 NOTARY' PUBLIC Notarial Seal Margaret E. NuIty, Notary Public East Goshen Twp., Chester County My Commission Expires Dec. 19, 2005 Member, Pennsylvanla Association Qf Notados The above information is obtained from available public records and we are only liable for the cost of the affidavit VERIFICATION Francis S. Hallinan, Esquire, hereby states that he is the Attomey for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. Thc undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Date: July 9, 2003 F~t~cis S. Hallinarfi~Esquire H:/Main Forms/motions/county.comp FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK Vs. JOHN F. GARNER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-2379 CWIL TERM CERTIFICATION OF SERVICE I, Francis S. Hallinan, Esquire, herby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. JOHN F. GARNER at: 823 BRIAN DRIVE, A/K/A WESTWOOD VILLAGE CONDOMINIUM UNIT #823 ENOLA, PA 17025 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: July 9, 2003 ~rancis S. Hallirfan, Esquire Attorney for Plaimiff H:~/Iain Forms/motions/county,comp FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 s) 56~-7000 SOVEREIGN BANK Plaintiff vs. JOHN F. GARNER Defendants Attomey for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County No. 03-2379 CIVIL TERM PRA~CIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate with reference to the the Civil Action in above captioned matter. Mortgage Foreclosure Date: July 9, dlp,SVC DEPT 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK VS. JOHN F. GARNER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION CUMBERLAND COUNTY NO. 03-2379 CIVIL TERM THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLeCT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE pREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TH1S 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. MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Francis S. Hallinan, Esquire, moves this Honorable Court for an Order directing service of the Complaim upon the above-captioned Defendant(s) by Certified mail and regular mail to the Defendant's last known address and mortgaged premises located at 823 BRIAN DRIVE, A/K/A WESTWOOD VILLAGE CONDOMINIUM UNIT #823, ENOLAPA17025 and in support thereof avers the following: 1. Attempts to serve Defendant with the Complaint have been unsuccessful. The Sheriff attempted to serve the Defendant on numerous occasions at the mortgaged premises located at 823 Brian Drive, A/K/A Westwood Village, Condominium #823, Enola, PA 17025 and was unable to obtain service as indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". H:/Main Forms/motions/county.comp 3. Intemal records reviewed by Plaintiff and has not been contacted by defendant as of ~'July 9~ 2003" to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by certified mail and regular mail. Francis S. Hallinan, Esquire H:/Main Forms/motions/county.comp FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK VS. JOHN F. GARNER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DWISION CUMBERLAND COUNTY NO. 03-2379 CIVIL TERM MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable role, the plaintiff may move the Court for a special order directing the method of service. Thc Motion shall be accompanied by an Affidav/t stating the nature and extent of the investigation which has been made to detta'mine the ~vhereabouts of the Defendant(s) and the reasons why service cannot be made. Note: A Sheriffs return of"Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient ev/dcnce of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Nohce of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adootion of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authohties including inquiries pursuant to the Freedom of Information Act, 39 C.FR. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests service of the Complaint by certified mail and regular mail. ~.~.~ Re ectfully submitted: l~rancis S. Halhnan,/Es~uire H:/Main Forms/motions/county.comp SHERIFF'S RETURN CASE~NO: 2003-02379 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND - NOT FOUND SOVEREIGN BANK VS GARNER JOHN F R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT GARNER JOHN F ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and unable to locate Him in his bailiwick. but was He therefore returns the ~COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , GARNER JOHN F 823 BRIAN DRIVE ENOLA, PA 17025 UNABLE TO SERVE DEFENDANT ALTHOUGH NUMEROUS ATTEMPTS WERE MADE. Sheriff's Costs: Docketing 18.00 Service 31.05 Not Found 5.00 Surcharge 10.00 .00 64.05 R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHEI~kN 06/19/2003 Sworn and subscribed to before me this day of Prothonotary SKN Data Research Inc. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 3-6776PA Attorney Firm: Federman & Phelan Subject: John F. Garner Current Address: 823 Brian Dr. Enola, PA 17025 Property Address: 823 Brian Dr. Enola, PA 17025 Mailing Address: 823 Brian Dr. Enola, PA 17025 I Scott Nulty, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct John F. Garner - 247-39-8772 B. EMPLOYMENT SEARCH John F. Garner - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS On 5-12-03 our inquiry of creditors indicated that John F. Garner reside(s) at:823 Brian Dr. Enola, PA 17025 II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 5-12-03 our office contacted directory assistance which indicated that John F. Garner reside(s) at: 823 Brian Dr. Enola, PA 17025. Our office made a telephone call to the mortgagors phone number and received the following information: 717- 432-5518 spoke to John's ex-wife. III. INQUIRY OF NEIGHBORS N/A IV. INQUIRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE On 5-12-03 we reviewed the National Address database and found the following information, John F. Garner - 823 Brian Dr. Enola, PA 17025 B. ADDITIONAL ACTiVE MAILiNG ADDRESSES Per our inquiry with creditors, the following is an active mailing Address: no addresses on file V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicle John F. Garner reside(s) at: last registered address. VI. OTHER INQUIRiES A. DEATH RECORDS As of January 1, 2003 Vital Records has no death record on file for John F. Garner. B. COUNTY VOTER REGISTRATION The Cumberland County Voter registration has a registration for John F. Garner residing at: last registered address. C. PUBLIC LICENCES ( PILOT, REAL ESTATE, ETC.) Our office conducted a search for public licenses and found the following: no records on file VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH John F. Garner-YOB 1961 B. A.K.A. *All accessible public databases have been checked and cross -referenced for the above named individual(s). *Please be advised all database information indicates the subject resides at the current address. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to author/ties. AFFIANT Scott K. Nulty SKN Data Research Inc. President Sworn to and subscribed before me this /~'~ .day of 2003 NOTARY' PUBLIC Nolafial Seal Margaret E ~ulty, Notaly Public East Goshen Twp., Chester County My Commission Expires Dec. 19, 2005 The above information is obtained from available public records and we are only liable for the cost of the affidavit VERIFICATION Francis S. Hallinan, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. F$~mcis S. Hallina~squire H:/Main Forms/motions/county.comp FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK VS. JOHN F. GARNER ATTORNEY FORPLAINT~F COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-2379 CIVIL TERM ORDER AND NOW, this 9{~ day of ~Y' ,2003, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiffmay obtain service of the Complaint on the above captioned Defendant(s) JOHN lh'. GARNER, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 823 BRIAN DRIVE, A]K/A WESTWOOD VILLAGE CONDOMINIUM UNIT #823, ENOLA, PA 17025~ ~.1 ~ Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the H:/Main Forms/motions/county.comp FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 ;;) 563-7000 SOVEREIGN BANK Plaintiff VS. JOHN F. GARNER Defendant(s) Attorney for Plaintiff COLrRT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-2379 CWIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT BY MAll, PIIR,RIIANT TO COIIRT ORI)EI) I hereby certify that a tree and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, to JOHN F. GARNER and at 823 BRIAN DRIVE A/K/A WESTWOOD VILLAGE CONDOMINIUM UNIT #823, ENOLA, PA 17025 on ~ 200't, in accordance with the Order of Court dated July 21, 2003. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: .Inly FRJkNrK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMANAND PHELkN By: FRANK FEDERMAN, ESQUIRE Attorney I.D. No. 12248 Suite 900 - Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 SOVEREIGN BANK vs. JOHN F. GARNER Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 03-2379 CIVIL TERN AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated July 21, 2003 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b) in in THE SENTINEL on August 9, 2003 and CUMBERLAND LAW JOURNAL on August 15, 2003. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Lori Saylor, Classified Advertising Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication August9,2003 ~ fuC~her Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. August13,2003 Sworn to and subscribed before me this 13th day of August ,2003. Notary Public My commission expires: NOTARIAL SEAL ELLEN B. RUNDLE, Notap/Public I Mechamcsbur[~, Cumberland County PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz AUGUST 15, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberiand Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are (~a Made Coyne, SWORN TO AND SUBSCRIBED before me this 15 dayof AUGUST, 2003 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action--Law No. 03-2379--Civil Term SOVEREIGN BANK, pLAINTIFF vs. JOHN F. GARNER, DEFENDANT NOTICE TO JOHN F. GARNER: You are hereby notified that on May 19, 2003, Plaintiff, SOVEREIGN BANK. Ii]ed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County, Pennsylvania, docketed to No. 03-2379 CIVIL TERM. Wherein Plaintiff seeks to fore- close on the mortgage secured on your property located at 823 BRIAN DRIVE, A/K/A WESTWOOD VIL- LAGE CONDOMINIUM UNIT #823, ENOLA, PA 17025, whereupon your property would be sold by the Sher- iff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE You have been sued in Court. If you wish to defend, you must enter a written appearance personally or by attorney, and file your defenses or objections in writing with the court. You are warned that if you fail to do so, the case may proceed without you and Judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money, the property or other rights important to you. You should take this notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE FEDERMAN & PHELAN, L.L.P. Attorneys for Plaintiff One Penn Center Suite 1400 Philadelphia, PA 19103 {215) 563-7000 Aug. 15 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 JOHN F. GARNER CUMBERLAND COUNTY COURT OF COMMON PLEAS : Plaintiff, : CIVIL DMSION : NO. 03-2379 Defendant(s). : PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgrnent in favor of the Plaintiff and against JOHN F. GARNER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 5/17/03 to 9/18/03 TOTAL $58,633.42 $1,447.50 $60,080.92 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED ASINDICATED. PRO PROTHY · FEDERMAN AND PHELAN. LLP FRANK FEDERMAN. ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL[NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA. SUITE 1400 PHILADELPHIA, PA 19103 (21~) S63-7000 SOVEREIGN BANK Plaintiff VS. JOHN F. GARNER Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COLD4TY : NO. 03-2379 CIVIL TERM TO: JOHN F. GARNER 823 BRIAN DRIVE A/K]A VCESTWOOD VILLAGE CONDOMINIUM UNIT #823 ENOLA, PA 17025 C0~ DATE OF NOTICE: SEPTEMBER ~. 200~ ~ILE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT· THIS NOTICE IS SENT TO YOU 1N AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HERE[N, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEA1LANCE PERSONALLY OR BY ATTOICNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RiGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL[NAN, ESQUIRE Attorneys for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215~ 563-7000 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 Plaintiff, JOHN F. GARNER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-2379 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JOHN F. GARNER is over 18 years of age and resides at, 823 BRIAN DRIVE A/K/A WESTWOOD VILLAGE CONDOMINIUM UNIT # 823, ENOLA, PA 17025 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN unit in the property, known, named and identified in the Declaration Plan, referred [o below as Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Property. Act of Pennsylvania, Act of July 3, 1963, P.L. 196. by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. of a Declaration Creating and Establishing Westwood Village Condominium dated January 29. I975 and recorded on January 29, 1975, in Misc. Book 213, Page 283. and amended by a certain First Amendment to Declaration Creating and Establishing Wesrwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222. Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 2i, 1976, and recorded July 26, 1976, in Misc. Book 223, Page 343, and a certain Third Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 9; 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 225. and a certain Fourth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 13, 1978. and recorded on June 23, 1978, in Misc. Book 236, Page 250, and a certain Fifth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated January. 9, 1979 and recorded on January 23, 1979, in Misc. Book 240, Page 884, and a certain Sixth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated March 1, 1979, and recorded March 12, 1979, in Misc. Book 241, Page 836, and a certain Seventh Amendment to Declaration Creating and Establishing West-wood Village Condominium dated November 8, 1979, and recorded November 27, 1979, in Misc. Book 249, Page 323, and a Code of Regulations of Westwood Condominium dated January. 29, 1975, and recorded on January 2, 1975, in Misc. Book 213, Page 328 and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominiums dated May 28, 1976, and recorded on June 22, 1976 in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975 and recorded on January 29, 1975, in Plan Book 26, Page 15, and amended by certain Fixst Amendment to Declaration Plan ~f Westwood Village Condominium dated July 21, i976. and recorded on July 26, 1976, in Plan Booi~ 28, Condomihium dated June 16, I978 and recorded on June 23, 1978, in Plan Book 33, Page 28, and amended by a certain Third Amendment to Declaration Plan of Westwood Village Condominium dated January 9. I979 and recorded January 23, 1979, in Plan Book 34, Page lO0, and amended by a certain Fourth Amendment to Declaration Plan of Westwood Village Condominium dated March 1, 1979 and recorded March 12, 1979. in Plan Book 35, Page 3, and amended by a certain Fifth Amendment to Declaration Plan of Westwood Village Condominium dated November 8, 1979 and recorded November 27, 1979, in Plan Book 37, Page 7, being.designated on said Declaration Plan of Westwood Village Condomimums as Unit No. 823, L52-T3, in Block No. 5, Building No. 12, known as 823 Brian Drive, Enola, Cumberland County, Pennsylvama, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, together with a proportionate undivided interest in the Common Elements (as defined in such Declaration of Nine Hundred Eighteen Thousandths Percent (.9184%). TITLE TO SAID PREMISES IS VESTED IN Jolm F. Garner, single persori by Deed from Lemuel P. Storms, single person dated 4-/23/1999, recorded 4/26/1999, in Record Book 198, Page 37 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SOVEREIGN BANK 601 PENN STREET READING, PA 19601 JOHN F. GARNER Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2379 Notice is given that a Judgment in the above-captioned matter has been entered against you on DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK Plaintiff, JOHN F. GARNER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2379 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin 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 unswom falsification to author/ties. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff [rE D ~ RM AN · ~,? BY: !rancisS 5allinan. Esq. ,\tv,. i.D ~62695 !61~ o}]n F ~cnncdy Boulevard Suite Phihdeiphia, P 5 19!03-i 814 SOVEREIGN 3 ~NK COURT OF X}\IMON'. Ex, TM ' 5 CUMBERL, ,NJ COL N F NO. 03-237C; ¢7]';IL TERM ORDER day c f__~_ ~tND NO~,X. 'Ns O'l-- ,2003, upon :or:sideration of Plainti fl's Mot o t f;' r Sen ice P~suant to Special Order of (bun m~d the Kffida,dr o ? R casonab [e [a~ est:gaion attached fl~ereto, it is hereby O~ERED that Plaintiff :-na)obtain s<: ,. ic: re'the Comptaint on 7I~c nbove captioned Defender(s) JOHN F. GA~ER, b~ mmlin~ co~ec: copy of ~le { ompimnt by certified mzdI ~d regular mail to thc Dclbnda~:t's ~as~ kno~ ado'es~, m~d 1o ~e mo~gaged premises located at 823 BRI~ D~X E, A/~A B EST~'OOD YILL.~GE CONDOMINIUM UNqT ~823, ENOLA, PA 1702 Service of tlne aforementioned m~lings is effective upon lhe date of mailing and is 1o be done b) Plm~iffs attorney, who will file td~ the Prothonot~,'s O~Ece ~ ~fEdavst ~ ~o ~he Y TItE C .: Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center OiMilitary Status Report Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 '(Last Name IFirst Middle IBegin Date I Active Duty statusGARNER Currently not on Active Military Duty, based on the Social Security Number. SEP-18-2003 13:06:55 Service/Agency Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems, https://www.dmdc.osd.mil/udpdri/owa/sscra.prc_Select 9/18/2003 FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (?15) 56%7000 SOVEREIGN BANK Plaintiff VS. JOHN F. GARNER Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-2379 CIV1L TERM AFHDAVIT OF SERVICE OF COMPLAINT BY MAll, PI;RSIIANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, to JOHN F. GARNER and at 823 BRIAN DRIVE A/K/A WESTWOOD VILLAGE CONDOMINIUM UNIT #823, ENOLA, PA 17025 on ~ 2003, in accordance with the Order of Court dated July 21, 2003. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to nnswom falsification to authorities. Date: July 28,200~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE Attorney I.D. No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 SOVEREIGN BANK vs. JOHN F. GARNER Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAi~D COUNTY No. 03-2379 CIVIL TERM AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated July 21, 2003 as indicated below: By publication as provided by Pa. R.C.P. in THE SENTINEL on August 9, 2003 and CUMBERLAND LAW JOURI~AL on August 15, 2003. publications are attached hereto. The undersigned understands that this subject to the penalties of 18 Pa. C.S. unsworn falsification to authorities. Rule 430(b) in Proofs of the said statement is made Section 4904 relating to FRANK FEDERMAN, ESQUIRE FEDEm 5 % By: ,_~~_~, ESQUIRE At t ~,~'~No. 12248 Suite ~g~'~fwo Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 SOVEREIGN BANK JOHAI F. vs. GARNER CIVIL DIVISION CUMBERLAND COUNTY NO. 03-2379 CIVIL TERM . ~.' ~.~ '-~ AFFIDAVIT OF SER ICE BY .,:??~",'~qIBLICATION IN ACCORDANCE WITH COU~T. ORDER. I hereby certify that service of the cigil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated July 21, 2003 as indicated below: By publication as prqvided by Pa. R.C.P. Rule 430(b) in in THE SENTINEL on August? 9, 2003 and CI/MBERLAND LAW' ~D,U'~AI.,~: on August 15, 2003. publications ~1"~ &ttached hereto. Proofs of the said The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FPJtNK FEDERMAN, ESQUIRE CUMBERLAND LAW JOURNAL -- court. You are).~-.v..~ that if you NOTICE OF AC~ON IH f~' to do s0~ ~ may proceed MORTGAGE FO~CLOSU~ ~thout y~~nt may be [n the Court of Common Pleas of notic~C~r~equested bv the Cumberland County. Pennsvlvania Sl~ay lose money: the Cix, l Action Law .p~9,~her ,ghts important your la~er at once. If you do not SOVE~IGN B~K. have a ]ax~er or cannot afford one, P~MNTIFF go to or !elephone the office set forth vs. below to find out where you can get JOHN F GARNER, legal help. DEFENDANT CUMBE~D COUN~ ::< 2 Liber~ Avenue ff~p JOHN F. G~NER: Carlisle. PA 17013 (717) 249-3166 ~-~y 19, 2003, Plaintiff, SOVEREIGN F~,XNK FEDEX, ESQUI~ 'to Defend, against you in the Court One Penn Center CounW, Pennsylvania docketed to Philadelphia. PA No. 03 2379 CIVIL TERM. 215) 563-700~' Wherein Plaintilf seeks to lore . ,',~". -'/~g. 15 }'our proper~ located at 823 BRIAN DRIVE, A/K/A WES'I~VOOD VIL- LAGE CONDOIvlINIUM UNIT #823, ENOLA, PA 17025, whereupon your proper .ty would be sold by the Sher- iff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date ol this publication or a Judgment will be entered against you. NOTICE You have'been, sued in Court. If you xvish to '~Tefend;you must enter a written gppeararm~ personally or by attorae3', and llil~ your defenses or objections in writing with the STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 557, approved May 16. 1929), P. L.1784 SS. ¢::~ ~,'7~ ~` ~¢.. ,x~ Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January.2, 1952, and designated by the local coups asthe official legal periodical for the pubIi'~ation of ali legal notices, and has, since January 2, 1952, been regularly issued weekly:ii~ the said County, and that the printed notice or publication attached hereto is exactly th.~,~hme as was printed in the regular editions and issues of the said Cumberland kaw JournaL0gt~ tbilowing dates Vi7,,~ '.~.,' ,. . '"" ~' AUGUST 15. 2003 Affiant tLtrther deposes that he is authorized to veri~ this statement by the Cumberland Law Journal. a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, p}ace and character of publication are ;~a ~Marie Coyne, r SWORN TO AND SUBSCRIBED before me this 15 .day of AUGUST. 2003 PROOF OF PUBLICATION State of PennsylvaaJa~,; ~.%1~ County of C.~I~'~r? ~' Lori Saylor, Classified Advertising Manager of THE SEN,.~I~IEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTIN,~I~,, a newspaper of general c rcu etlon in the Borough of Carlisle, County and State afore~d,.was establish,~ December 13th, 1881, since which date THE SENTINEL has been regularly ,s.su.e~ ,~~dY,i~;~r~tu~:rPer~r;.:~odn:(~tin~e or publication attached hereto is exactly the same as was prm[ea a.a p.uu ~. ~ issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication NOTICE OF ACTION IN MORTGAGE I~.~ECLOSUR E IN THE COURT OF COMMOH'~.EA$ OF CUMBERLAND C O U NTYy I~INSYLVA N IA CIVIL NO. O~IL SOVEREIGN BAN~F- ' Count, NOTICE (215) AuRust9,2003 Affiant further deposes that he is.~ot interested in the subiect matter of the aforesaid notice or advertisement, and't.h.a~iI allegations in the foregoing statement as to time, place and character of publication are true. August13,2003 Sworn to and subscribed before me this 13th day of August ,2003. Notary Public My commission expires: Oi AI-qAL SEAL : :: 8 :~',jNDLE NoaryPub!ic ! .;'-~ ~,,,~cs~ur9 Cumberland County PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 SOVEREIGN BANK : Plaintiff, : JOHN F. GARNER : Defendant(s). : No. 03-2379 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 9/18/03 to MARCH 3, 2004 (per diem -$9.88) TOTAL $60,080.92 $1,659.84 and Costs $61,740.76 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN unit in the propert?' known, named and identified in the Declaration Plan. referred to b¢lo~ as Westwood Village Condominium located in East Pennsboro Township, Cumberland County,, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of JuN 3, 1963, P.L. 196. by the recording in the Office of the Recorder of Deeds of Cumberland Count', Pennsylvania, of a Declaration Creating and Establishing Westwood Village Condominium dated January' 29. 1975 and recorded on January 29, 1975. in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing W'es~wood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 2I, 1976. and recorded July 26, 1976, in Misc. Book 223, Page 343, and a certain Third Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 9; 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 225, and a certain Fourth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 13, 1978, and recorded on June 23. 1978, in Misc. Book 236, Page 250, and a certain Fifth Amendment to Declaration Creating and Establishing Westxvood Village Condominium dated January 9, 1979 and recorded on January 23, 1979, in Misc. Book 240, Page 884. and a certain Sixth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated March 1, !.979, and recorded March 12, 1979, in Misc. Book 241, Page 836. and a certain Seventh Amendment to Declaration Creating and Establishing Westwood Village Condominium dated November 8, 1979, and recorded November 27, 1979, in Misc. Book 249, Page 323, and a Code of Regulations of Westwood Condominium dated January, 29. 1975, and recorded on JanuaO' 2, 1975, in Misc. Book 213, Page 328 and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominiums dated May 28, 1976, and recorded on June 22, 1976 in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975 and recorded on January, 29, 1.975, in Plan Book 26, Page 15, and amended by certain First Amendment to Declaration Plan t~f Westv:ood Village Condominium dated July 21, 1976. and recorded on July 26, 1976, in Plan Booir 28, Condominium dated June 1.6, 1978 and recorded on June 23, 1978, in Plan Book 33, Page 28. and amended by a certain Third Amendment to Declaration Plan of Westwood Village Condominium dated January 9. 19'79 and recorded January 23, 1979, in Plan Book 34, Page 100, and amended by a certain Fourth Amendment to Declaration Ptan of Westwood Village Condominium dated March 1., 1979 and recorded March 12, 1979, in Plan Book 35, Page 3, and amended by a certain Fifth Amendment to Declaration Plan of Westwood Village Condominium dated November 8, 1979 and recorded November 27, 1979, in Plan Book 37, Page 7, being designated on said Declaration Plan of Westwood Village Condominiums as Unit No. 823, L52-T3, in Block No. 5, Building No. 12, known as 823 Brian Drive, Enola, Cumberland County, Pennsylvama, as more fully described in such Declaration Plan and Declaration Creating and Establishing Wesrwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, together with a proportionate undivided interest in the Common Elements (as defined in such Declaration of Nine Hundred Eighteen Thousandths Percent (.9184%). TITLE TO SAID PREMISES IS VESTED IN John F. Garner, single persoti by Deed from LemueI P. Sturms. single person dated 4/23/1999, recorded 4/26/1999, in Record Book 198, Page 37 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-2379 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From JOHN F. GARNER (1) You are cV~rected to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named ganfishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $60,080.92 L.L. $.50 Interest FROM 9/18/03 TO 3/3/04 (PER DIEM - $9.88) -- $1,659.84 AND COSTS Atty's Comm % Due Prnthy $1.00 Arty Paid $161.05 Other Costs Plaintiff Paid Date: SEPTEMBER 25, 2003 (Seal) CURTIS R. LONG Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 · SOVEREIGN BANK Plaintiff, Vo JOHN F. GARNER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2379 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) SOVEREIGN BANK, 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 ,823 BRIAN DRIVE A/K/A WESTWOOD VILLAGE CONDOMINIUM UNIT #823, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last lCdmwn Address (if address cannot be reasonably ascertained, please indicate) JOHN F. GARNER 823 BRIAN DRIVE A/K/A WESTWOOD VILLAGE CONDOMINIUM UNIT # 823 ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the re; property to bc sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WESTWOOD VII, LAGE PO BOX 233 CONDOMINIUM ASSOCIATION HUMMELSTOWN, PA 17036 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Kno~vn Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 823 BRIAN DRIVE A/K/A WESTWOOD VILLAGE CONDOMINIUM UNIT #823 ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. September 18, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff SOVEREIGN BANK Plaintiff; JOHN F. GARNER Defendant(s). CUMBERLAND COUNTY No. 03-2379 TO: September 18, 2003 JOHN F. GARNER 823 BRIAN DRIVE A/KJA WESTWOOD VILLAGE CONDOMINIUM UNIT # 823 ENOLA, PA 17025 **THIS ?IRA/lS .4 DEBT COLLECTOR A TTEMPTLYG TO COLLECTA DEBTAND ANY [NFORMATION OBT41NED ~TLL BE USED FOR THAT PURPOSE. /F YOU HA gE PREglOUSLY RECEIVED ,4 DISCHARGE IN BANKRUPTCY 4ND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOTBE CONSTRUED TO BE AN ,.t TTEMPT TO COLLECT .4 DEBT, BUT ONLY ENFORCEMENT OF ,4 LIEN A GAINST PROPERTY. ** Your house (real estate) at, 823 BRIAN DRIVE A/K/A WESTWOOD VILLAGE CONDOMINIUM UNIT #823, ENOLA, PA 17025, is scheduled to be sold at the Sherif£s Sale on MARCH 3, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to entbrce the court judgment of $60,080.92 obtained by SOVEREIGN BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthejudgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of'stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan, referred to below as Wcstwood Village Condominium located in East Pennsboro Township, Cumberland County., Commonwealth of Pennsylvania. which has heretofore been submitted rd the provisions of the Unit Property,. Act of Pe~msylvania. Act of July 3, 1963, PL. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975 and recorded on January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dared May 28, i976, and recorded on June 22, 1976, in Misc. Book 222. Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded July 26, 1976. in Misc. Book 223, Page 343, and a certain Third Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 9. 1978. and recorded on June 23, 1978, in Misc. Book 236, Page 225, and a certain Fourth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 13, 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 250, and a certain Fifth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated January. 9, 1979 and recorded on January. 23, 1979, in Misc. Book 240, Page 884. and a certain Sixth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated March 1, 1979, and recorded March 12, 1979, in Misc. Book 24I, Page 836, and a certain Seventh Amendment to Declaration Creating and Establishing Westwood Village Condominium dated November 8, 1979, and recorded November 27, 1979, in Misc. Book 249, Page 323, and a Code of Regulations of Westwood Condominium dated January. 29, 1975, and recorded on January 2, [975, in Misc. Book 213, Page 328 and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominiums dated May 28, 1976, and recorded on June 22, [976 in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, i975 and recorded on January. 29, 1975, in Plan Book 26, Page I5, and amended by ce~ain First Amendment to Declaration Plan ~f Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Plan Book 28. Condominium dated June 16, 1978 and recorded on June 23, 1978, in Plan Book 33, Page 28, and amended by a certain Third Amendment to Declaration Plan of Westwood Village Condominium dated January 9, 1979 and recorded January 23. 1979, in Plan Book 34, Page 100, and amended by a certain Fourth Amendment to Declaration Plan of Westwood Village Condominium dated March 1, 1979 and recorded March 12, 1979, in Plan Book 35, Page 3, and amended by a certain Fifth Amendment to Declaration Plan of Westwood Village Condominium dated November 8, 1979 and recorded November 27, 1979, in Plan Book 37, Page 7, being designated on said Declaration Plan of Westwood Village Condominiums as Unit No. 823, L52-T3, in Block No. 5, Building No, 12, known as 823 Brian Drive, Eaola, Cumberland County, Pennsylvania, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, together with a proportionate undivided interest in the Common Elements (as defined in such Declaration of Nine Hundred Eighteen Thousandths Percent (.9184%). TITLE TO SAID PREMISES IS VESTED IN John F, Garner, single persori by Deed from Lemuel P. Storms, single person dated 4/23/I999, recorded 4/26/1999, in Record Book 198, Page 37. FEDERMAN AND PHELAN, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 john.larson~fedphe.com December 3, 2003 Office of the Prothonotary CUMBERLAND County Courthouse SOVEREIGN BANK v. JOHN F. GARNER CUMBERLAND COUNTY, NO. 03-2379 Dear Sir/Madam Enclosed are the original Affidavits of Service for the above captioned matter. Kindly file the attached affidavits. I have forwarded copies of the same to the Sheriff's office. Thank you for your cooperation. CC: Sheriff's Office of CUMBERLAND County PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Rich Canazaro, Internet Director of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication November 19, 2003 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as t?_~e, place and character of publication ar~. ~ _ ~. November 19, 2003  NOTARIAL ~EAL DARCIE A. NElL Notary Public Carlisle, Cumberland County L~y Commission EXpired_ My commission expires: ~Oth Sworn to and~bscribed before me this ~0~'~ day of ~~ber ,2~ ~~r ~~.ln~U, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in thc said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz NOVEMBER 7, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 07 day of NOVEMBER, 2003 LOIS E, SNYDER, Nota~ Public I C~ B~, c~ ~ I I CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County. Pennsylvania Civil Action--Law No. 03-2379 SOVEREIGN BANK, PLAINTIFF VS. JOHN F. GARNER, DEFENDANT NOTICE TO: JOHN F. GAHNER. DEFENDANT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TAKE NOTICE that the real es- tate located at 823 BRIAN DRIVE, A/K/A WESTWOOD VILLAGE CON- DOMINIUM UNIT #823, ENOLA, PA 17025 is scheduled to be sold at Sher- hTs Sale on WEDNESDAY, MARCH 3, 2004. AT 10:00 A.M. in the Cum- berland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court Judgment of $60,080.92, obtained by SOVER- EIGN BANK, AS ATTORNEY IN FACT (the mortgagee). Prop. sit. in the Westwood Vil- lage Condominium located in East Perarsboro Township, Cumberland County, Commonwealth of Pennsyl- vania. Being Premises: 823 BRIAN DRIVE, A/K/A WES~VOOD VIL- LAGE CONDOMINIUM UNIT #823, ENOLA, PA 17025. Improvements consist of residen- tial property. Sold as the property of JOHN F. GARNER. 4 Terms of Sale: As the auctioneer knocks down a property to a suc- cessful bidder, ten (10%) per cent of the purchase price or all costs, whichever is higher, shall be deliv- ered to the Sheriff and. upon de- fault of such payment, the Sheriff shall dtrect the auctioneer to resell the property. In all cases, the bal- ance of the successful bid shall be paid to the Sheriff not later than Fri- day, MARCH 19, 2004. at 12:00 P.M., prevailing time. Otherwise, all monies paid will be forfeited and the property will be re-sold on Wednes- day, MARCH 24, 2004, at 10:00 A.M., prevailing time in the Office of the Sheriff. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff, on APRIL 2, 2004, and dis- tribution will be made in accordance with the schedule unless exceptions are filed thereto within ten {10) days thereafter. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Suite 1400 One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Nov. 7 FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF SOVEREIGN BANK VS. JOHN F. GARNER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2379 VER IFIC ATION I hereby certify that a tree and correct copy of the Notice of Sherift's Sale in the above captioned matter was sent by regular mail and certified mail, remm receipt requested, to the following person(s) JOHN F. GARNER on September 25, 2003 at 823 BRIAN DRIVE A/K/A WESTWOOD VILLAGE CONDOMINIUM UNIT #823, ENOLA, PA 17025, in accordance with the Order of Court dated, July 21,2003. The undersigued understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unsworn falsificaton to author/ties. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF DATE: December 9, 2003 FEDERIVL&N ~ BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK VS. JOHN F. GARNER COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-2379 CIVIL TERM ORDER AND NOW, this ~}l~ day of ~ ,2003, upon comideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plainfiffnzay obtain service of the Complaint on the above captioned Defendant(s) JOHN F. GARNER, by mailing a tree and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 823 BRIAN DRIVE, A/K/A WESTWOOD VILLAGE CONDOMINIUM UNIT #823, ENOLA, PA 17025 ~ ~ ~ Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the H:/Main Forms/mot/ohs/county, comp JOHN F. GARNER 823 BRIAN DRIVE A/K/A WESTWOOD VILLAGE CONDOMINIUM UNIT #823 ENOLA, PA 17025 SENDER: TEAM 2 REFERENCE: IOHN F. GARNER PS Form 3800, June 2~30 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee _Restricted De~ry Total Fostage & Fee~ US Postal Service Receipt for Certified Mail No Insurance Coverage Provided 0.00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK VS. JOHN F. GARNER ) CIVIL ACTION ) ) CIVIL DIVISION ) NO. 03-2379 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for SOVEREIGN BANK hereby verify that on September 25, 2003 tree and correct copies of the Notice of Sheriff' s sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: February 3, 2004 FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff \% I~f 2003 FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Sovereign Bank : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. John F. Garner : CIVIL DIVISION : NO. 03-2379 PP. AECIPZ FOR RULE TO SHOW CAUSF TO THE PROTHONOTARy: Kindly enter a Rule upon John F. Garner , Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. FEDERMAN AND Pk~, L.L.P. Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 .~215) 563-7000 Sovereign Bank vs. John F. Garner ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2379 AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on March 8, 2004. John F. Garner 823 Brian Drive A/K/A Westwood Village, Condominium #823, Enola, PA 17025 DATE: March 8, 2004 By :---=-~ ~ -- Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Sovereign Bank vs. John F. Garner ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2379 PLAINTIFF'S PETITION FOR REASSEg~T OF DAM~ Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. Complaint in Mortgage Foreclosure was filed on May 19, 2003. 2. Judgment was entered against Defendant(s) on September 25, 2003 in the amount of 60,080.92. 3. The mortgaged premises are listed for Sheriff's Sale on May 5, 2004. 4. Additional sums have been incurred or expended on Defendant(s)' behalf since the Complaint was filed and Defendant[s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount December 1, 2002 through May 5, Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit TOTAL 2004 54,818.20 6,041.45 81.36 1,000.00 3,049.89 0.00 49.25 0.00 0.00 760.52 $65,800.67 5. Under the terms of the mortgage, which ~ortgage is recorded in the Office of the Recorder of Deeds in Book (#1536), Page (#797), Plaintiff is entitled to judgment in the amount as set forth in paragraph four herein against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. By:-~' ~ ~ %__,~--~ Daniel G. Schmieg, Esquire Attorney for Plaintiff -2- FEDERMANAND PHELAN, LLP. by: Daniel G. Schmie~, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Sovereign Bank vs. John F. Garner ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2379 BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO ~SESS DAMAGEE I. BACKGROUND OF CASE Plaintiff and Defendant(s) entered into a Promissory Note and Mortgage Agreement, wherein Defendant(s) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub judlcia, Defendant(s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant(s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARGIIMENT FOR R~&~.~W~T OF DA~A~E~ The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it instant case, the amount to which Plaintiff is entitled is by review of the Mortgage Agreement, which is of record, Complaint which specifically lists the items chargeable. is a sum certain or which can be made certain by computation...,, In the readily calculated together with the Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa.Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortqaqe Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa. Super 1988). In Chase Home Mortqaq~, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "...could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement...,, Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff damages, and submits that if Plaintiff went to sale without reassessing if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. AS the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, No. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. Daniel 6. Schmieg, Esquire Attorney for Plaintiff AND O?I.~iOH - --e_a_ Na~_oaa_ ~s~iacio~'.s Petition for Reconsidera~on ~unc ~ ~c cf this C~'s O~ar of Nove~er 7, ~85 and ~e -~' Dek'6~ts, Joseph Jefferson an~ Rosie Jefferson, it her~y'OR~D and DE~ ~s'-fOl!~s; I 31 J~nt is ~.rafiy ~ncraa~d m~r:gage pay~nts upo~ ~e f3.~ing of.Defendant' bank~pt(~ jud~nt bY default ~as-entac~ ~n ~is ac:!o~. Because ~fe"~n~-have pot' refuted ~e s~ec~ic amcun~ claimed. - ! - ~-ERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: March 8, 2004 By: ~ Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215/ 563-7000 Sovereign Bank vs. John F. Garner ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2379 RU~Z AND NOW, this ~ day of ~~ 2004, a Rule is entered upon John F. Garner Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. ~ FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Sovereign Bank VS. John F. Garner ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2379 ~ERTIFICATION OF SERVIOW I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of ~2004L and a copy of Plaintiff,s Petition for Reassessment of Damages have been sent to the individuals indicated below on A~ril~ 2004. John F. Garner 823 Brian Drive A/K/A Westwood Village, Condominium Unit #823, Enola, PA 17025 Date: April 5, 2004 ariel G: Schmieg, EscaPee Attorney for Plaint'f~/ FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTOrnEY FOR PLAINTIFF Sovereign Bank John F. Garner CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2379 MOTION TO MAKE RULE ABSOLUTE Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 2. March 10, March 15, entered. That it is the Plaintiff in this action. A Petition for Reassessment of Damages was filed with the Court on 2004 and Rule was entered upon Defendant(s) John F. Garner on 2004 to show cause why the Order for Reassessment should not be A true and correct copy of the Rule is attached hereto as Exhibit A. 3. The Rule to Show Cause was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of April 26, 2004. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. FEDERMAN AND PHELAN, L.L.P. anie G. Schmieg, Eisa_re Attorney for Plai~ VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: April 26, 2004 a ' G. Schmie?~Lre Attorney for Plaintiff FEDEOYA_N ANI PHELAlq, LLP, by Daniel O. schmieg, Esc~'ire Ant:-.' I.D. itc. 62205 One ~:~ Ce?:er Plaza, Suize Ph:.i. Roelphia, PA 19102-1799 215] 563-7020 John F. Garxer ~- r ~- IFu ATTORNEY ~(~,R Pr-~i~T - CUMBERLAND COUNTY COUq~T OF COMMON PLEAS CIVIL DIVISION NO. 03-2379 .AND NOW, upon John F RULE 5his ~ day of ~~ 2004, a Rule is entered Garner Defendant(s) to show cause why the attached Order for Reassessment ;:f Damages should not be enuered. !~ULE RE_,LRNAB t~-:'~ ~'iI ~f 2004. TRU~ COPY FROM RECORD . ¢.,'~, ,~, I here unto set my hand and,4'he ~;~i of said Opurt at Carlisle, Pa. ~TTORNEY F~LE COP PLEASE RETURN by: Daniel G. Schmieg, Esquire A~:'/. ~ D Nc. 62205 One Pe~-~ Center Plaza, Suite 1400 ~hl=a~e~o~.a, PA '215/ 563-7000 Scvereign BaP~< FEDER~I~i AND ArrOR.EY LE FOR PLAiNTiFF : CLimB E Rr--~ND CO b~N~ Y : COURT CF COMMON PL~S vs. Job-n F. Garner CIVIL DIV.o.~N NO. 03-2379 C~RTI~IdA~iON OF SERVIC~ I, Daniel G. Schmieg, Esquire, hereby certify %haU a copy of th~' Ru~ Returnable Date of April 26~ 2004, and a copy of Plaintiff's Peti~i Reassessment cf Damages have been sent to the individuals indicated below on Aoril 5~ 20C4. John F. Garner 823 Brian Drive A/K/A Westwood Village, Condominium Unit ~823, Enola, PA 17025 Date: April 5, 2004 FEDERM~N ~AND/P~/ L.L.I? ~f~iel ~-~ Sc'hmi~g, Attorney for Plaint'f~f-/ FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Sovereign Bank : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION John F. Garner : NO. 03-2379 ORDER ~ ~ow, this-- ~+~day of ,~ ,20°4, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule entered upon Defendant(s) shall be and is hereby made absolute and Plaintiff's Petition is GRANTED and it is further ORDERED that the Prothonotary reassess the damages in this case as follows: Principal Balance Interest Amount December 1, 2002 through May 5, Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit TOTAL 2004 54,818.20 6,041.45 81.36 1,000.00 3,049.89 0.00 49.25 0.00 0.00 760.52 $65,800.67 Plus interest per diem from May 5, 2004 percent. NOTE: THE ABOVE FIGURE IS NOT A PA~s =D COMMISS O =E IN ~._____----~ J BY through Date of Sale SALE COSTS FIGURES. at six (6%) COMMONWEALTH OF PENNSYLVANIA ~ COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Sovereign Bank is the grantee the same having been sold to said grantee on the 5th day of May A.D., 2004, under and by virtue ora writ Execution issued on the 25th day of Sept, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 2379, at the suit of Sovereign Bank against John F Garner is duly recorded in Sheriff's Deed Book No. 263, Page 805. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this , A.D2004 day of ~er of Deeds Sovereign Bank VS John F. Garner In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-2379 Civil Term Michael Bardck, Deputy Sheriff, who being duly sworn according to law, states that on December 10, 2003 at 2:50 o'clock PM, he served a tree copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: John F. Garner, by posting the premises located at 823 Brian Drive, Enola, PA pursuant to order of court, according to law. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2004 at 2:20 o'clock P.M., he posted a tree copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John F. Garner located at 823 Brian Drive, Enola, Peunsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit: John F. Garner, by regular mail to his last known address of 823 Brian Drive, Enola, PA 17025. This letter was mailed under the date of January 9, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on May 5, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Sovereign Bank. It being the highest bid and best price received for the same, Sovereign Bank of 601 Penn Street, Reading, PA 19601, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $1,386.91, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 27.19 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 20.70 Levy 15.00 Surcharge 20.00 Posting 6.00 Postpone Sale 20.00 Law Journal 600.20 Patriot News 482.50 Share of Bills 29.32 Distribution of Proceeds 25.00 Sheriff's Deed 39,50 $ 1,386.91 This ~2b ~dayof ~ , R. Thomas Kline, Sheriff Real Estat~dDeputy Real Estate Sale # 08 On November 05, 2003 the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 823 Brian Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 05, 2003 THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct Ne. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the of fica for the Recording of Deeds in and fo rsaidCountyof Da hi~Book"M", Volume 14, Page 317. PUBLICATION COPY Sworn to and subs~r~, ed ~efo'~e ~/~ ' ~23~! da~-~Febru.~004 A.D. S A L E #8 NotadaISee] ~ .,/ /X/*? ,~ z.--, / /2 /~ City Of Hamsb~rg, Dauphin County [ v -_..-_ ~ ....... My Commiss~o~ Expires June 6, 2006 ~ I~IEJIAI'-IY I--'Ut3LIL; Member. Per~nsyt,~mlaAssocta~eOlNolafesMy commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 482.50 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. REAL ESTATE SALE No. 8 Writ No. 2003-2379 Civil Term Sovereign Bank Vs John F. Garner Atty: Frank Federman DESCR!PTION ALL THAT CEI~IN unit in the properly known, named an~t 'dentified in the Declaration Plan, referred lo ~low as Westwoed Village Condominium located in East Pennsboro Township, Cumberland County. Commonwealth of Pennsylvania, which has heretofore been submitted to thc pmvisthns of thc Unit Properly Act of Pennsyh,ania, Act of July 3, 1963, EL, 196, by the recording in the Office of the Recorder of Deeds of Cumberland County. Pennsylvania, of a Declaration Creating and Eatahlishthg Wcstwood Vdlage Condominium dated January 29. 1975 and recorded on January 29, 1975. in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Weslwo~rd Village Condominium dated May 28, 1976. and recorded on June 22, 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Vigage Condominium dated July 21, 1976, and recorded July 26, 1976, in Misc. Book 223. Page 343, and a certain Third Amendment to Declaration Creating and Establishing Westwmd Village Condominium dated June 9, 1978, and nxorded on June ~.3, 1978, in Misc. Book 236, Page 225, and a ce~lain Fourth Amendment to Declaration Creating and Establishing Westwood Village Condominium ,.~k~ June 13, 1978. and recorded on June 23. 1978, in Misc. Book 236, Page 250, and a ceriath Fifth Amendment to Declaration Creating and Establishing Weatwood Village Condominium dated January 9, 1979 and recorded on January 23. 1979, in Misc. Book 24.0, Page 884, and a certain Sixth Amendment to Declaration Creating and Estahlishthg Westwoed Village Condominium dated March 1. 1979. and recorded March 12, 1979, in Misc. Book 241, Page g36, and a cerlain Se'~nth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated November 8. 1979, and recorded November 27, 1979, in Misc. Rook 249, Page 323. and a Code of Regulations of Westwood Condominium dated January 29, 1975, and recorded on January 2, 1975. in Misc. Book 213, Page 328 and mended by a certain First Amendment to Code of Regulations of Westwood Village Condominiums dated May 28, 1976, and recorded on June 22, ?76 in Misc. Book 222. Page 737, and DeciSion Plan of Westwoed · Village Condominium dated January 29,1975 and recorded on Janum3' 29. 1975, in Plan Book 26 Page 15, amended by certain Fkat Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded on July 26. 1976, in Plan Book 28, Condominium dated June 16, 1978 and recorded on June 23, 1978, in plan Book 33, Page 28, and amended by a certain Third Amendment to Declaration Plan of Westwood Village Condominium dated January 9, 1979 and recorded January 23, 1979, in Plan Rook 34, Page 100. and amended by a certain Fourth Amendment to Declaration Plan of Westwood Village Condominium dated March I, 1979 and recorded March 12, 1979, in Plan Book 35, Page 3, and amended by a ceriain Fifth Amendment to Declaration Plan of Westwood Village Condominium dated November 8, 1979 and recorded November 27, 1979; in Plan Book 37, Page 7, being designated on said Declaration Plan of Westwood Village Condominiums as UnB No. 823, L52T3, in Block No. 5, Building No. 12, known as 823 Brian Drive, Enola. Cumberland County. Pennsylvania, as more fully described in such Declaration l'an and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth a~ve, thc~ding any amendments thereto, together with a proportionate undivided interest in the Common Elements (as defined in such Declaration of Nine Hundred Eighteen Thousandths Percent [.9t84%] ). TITLE TO SMD PREMISES is vested in John E C?arner, single person, by Deed from Lemuel E Storms, single person, dated 4/23/1999, recorded 4/26/1999, in Record Book 198, Page 37, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 8 Writ No. 2003 2379 Civil Sovereign Bank VS, John F. Garner Atty.: Frank Federman ALL THAT CERTAIN unit in the property known, named and identi fled in the Declaration Plan, referred to below as Westwood Village Con dominium located in East Pennsboro Township, Cumberland Cotmty, Com- monwealth of Pennsylvania. which has heretofore been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3. 1963. P,L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County. Pennsylva nla, of a Declaration Creating and Establishing Westwood Village Con- domirdum dated January 29, 1975 and recorded on January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amend- ment to Declaration Creating and Establishing Westwood Village Con- dominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 729, and a certain secor~CA!n_e~uc[~n~ tq_ D~ e?ja~.a_ti~on- (..)Lisa Marie Coyne, ~Editor SWORN TO AND SUBSCRIBED before me this 30 .day of JANUARY 2004 No~YSEAL ~ LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 1963. P.L. 196, by tile recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylva- nia, of a Declaration CreatiBg and Establishing Westwood Village Con- dolninium dated January 29, 1975 mid recorded on January 29, 1975. in Misc. Book 213, Page 283, and amended by a certain First Amend- ment to Declaration Creating and Establishing Westwood Village Con- recorded on June 22. 1976. in Misc. Book 222, Page 729, and a certain Second ,%~endment to Declaration Creating and Establishing Westwood Village Condominium dated July 2 1976, and recto'deal July 26, 1976, in Misc. Book 223, Page 343, and a certain Third Ataendment to Decla- ration Creating and Establishing dated June 9. 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 225, and a certain Fourth and Establishing Weskwood Village Condominium dated June 13, 1978, and recorded on June 23. 1978. in Misc, Book 236, Page 250. and a certain Fifth Amendment lo Declaration Creating and Establish lng Westwood Village Condominium dated January, 9, 1979 and recorded on January 23, 1979, in Misc. Book 240. Page 884. and a certain Sixth Amendment to Declm-atlon Creating and Establishing West'~vood Village Condominium dated March 1, 1979. and recorded March 12, 1979, in Misc. Book 241, Page 836, and a certain Seventh Amendment to Dec- laration Creating and Establishing Westwood Village Condominium dated November 8, 1979. and corded November 27, 1979. in Misc. Book 249, Page 323, and a Code of Regulations of Westwood Condo- minium dated January 29, 1975, and recorded on January 2, 1975. in Misc. Book 213. Page 328 and amended by a certain First A~end taent to Code of Regulations of Westwood Village Condominiums dated May 28, 1976, and recorded on June 22, 1976 in Misc. Book 222, Page 757, and Declaration Plan of Westwood Village Condominium dated January 29. 1975 and re- corded on January 29, 1975, in Plan Book 26. Page 15, and amended by certain First Amend- mcnt to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Plan Bo~k 28, Condomtt~ium d~ted June 16, 1978 and recorded on June 23. 197B. in PLan Book 33, Page 28, and amend- ed by a certain Third Amendment to Declaration Plan of Wcstwood Village Condominium dated Janw ary 9, 1979 and recorded Ja~mary 23, 1979, in Plan Bo~k 34, Page 100, and amended by a certain Fourth Amendment to Declaration Plan of Westwood Village Condo- minium dated March 1, 1979 and recorded March 12, 1979, in Plan ~k 35, Page 3, and mended by a certain Fifth Amendr~ent to Dec- laration Plan of Westwood Village Condominium dated Noverfiber 8, 1979 and recorded November 2?', 1979, in Plan Book 37, Page 7, be- ing designated on said Declaration Plan of Westwood Village Condo- minhims as Unit No. 823. L52~T3. in Block No. 5, Building No. 12. known as 823 Brian Drive, Enola, Cumberland County, Pennsylvania, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwoed Village Condominium. as the same appears of reco~rl as set forth above. including any amendments thereto. together with a proportionate undi vlded interest in the Common Ele- ments (as defined in such Declara- tion of Nine Hundred Eighteen Thousandths Percent {.9184%). LDI5 E. rSNYOER, Notary ICarlisle Boro, Cumbe~and County My C~mi~ion E~ires Ma~ 5, 2005 ...... ~nng and Establish* ing Westwood V/l/age Condominium dated do. usry 9, 1979 and recorded on January 2,3. 1979, in Misc. Book 240, Page 884. ~d a ceftin S~h ~nendment to ~cl~ation Creating and ~s~blishiag Wes~ Village Condon~nium dated M~ch i, 1979, and recorded March 12, 1979, Misc. Book 241. P~e 836, and a cert~n Seventh ~nendment to l~ation Creating and Establis~ng Westwood Village Condominium dated November 8. 1979, and re corded November 27, 1979. In Mist, Book 249, P~e B2B, and a Code of Regulations of Westwood Condo minium dated Janua~ 29. 1975. and recorded on Janu~ 2, 1975, In ~sc. Book ~13, Page 328 and ~ended by a cert~n First ~end ment to Code of Regulations of Westwood Village Condominiums dated ~y 28, 1976, and recorded on June 22, 1976 in Misc. Book 222, P~e 737, and ~cl~atl~n Plan of Westwood Village Condo~um dated January 29. 1975 and corded on Janua~ 29, 1975. in Plan Book 26, Page 15, and amended by certain First ~nend- ment to Declaration Plan of Westwood Village Condominium ~t~ J~y 2l. 1976, and recorded on July 26, 1976. in Pl~ ~ok 28, Condo~nium dated June 16, 1978 ~d recorded on June 23, 1978, in Pl~ ~ok 3~, Page 28, and ~nd- ed by a ceftin ~ird ~endment to Declaration Plan of Westwood Vfll~e Condo~mum dated Janu- ~ 9, 1979 and recorded Janu~ 23, 1979, in Plan Book 34, Page 100, and amended by a certain Fourth ~endment to ~claration Plan of Westwood Village Condo- afl.urn dated M~ch 1, 1979 and reco~ed M~ch 12, 1979. In Plan ~k 35, P~e 3, and a~ed by a ~1 ~fth ~nd~nt to l~ation Plan of Westw~d Vlll~e Condominium dated November 8, 1979 and recorded November 1979, in Plm~ B~k 37, P~e 7, ~- lng designated on s~d ~cl~aaon Plan of Westwood Village Condo~ ~nlu~ as Unit No. 823, in Block No. 5, Building No. 12, kno~ ~ 823 Brian Drive, Enola, Cum~rl~d ~un~, Pennsyl~ama. as more fully described in such ~cl~ation Plan and Declaration Creatl~ m~d Establishing Westwood ViE~e Condo~nium, as the same ap~ of reeo~ ~ set fo~h a~, includiog ~y mendments thereto, together ~th a pro~rtionate undi~ ~d~ ~terest in the Com~n Ele- ments (as de,ned In such tlon of Nine Hundred Eighteen ~lous~dths Percent (.9184%). ~TLE TO SAID PREMISES IS ~S~D IN John F, G~ner, sidle person by Deed from Lemuel P. Sturms, single person dated 4/23/ 1999, recorded 4/26/1999, in Record ~ok 198, Page 37.