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HomeMy WebLinkAbout01-04660~' COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. CUMBERLAND COUNTY No. 01-4660 GORDON E. SHERIFF NANCY L. SHERIFF Defendant(s). September 10, 2002 TO: GORDON E. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 NANCY L. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 **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 REAFFAZIvIED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at , 575 GRAHAM WOODS ROAD. CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $117,792.49 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the MARCH 6, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (2151563-7000. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ~,~ You may need an attomey 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.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2151563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEX REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 1 ALL THAT CERTAIN TRACT OF LAND SITUATE IN UPPER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING DESCRIBED AS LOT NO. 7 OF THE HOBBYHORSE ACRES SUBDIVISION PREPARED BY DOUGLAS S. BREHM, R.S. DATED.IULY 23, 1989, AND RECORDED IN CUMBERLANDf9>TNTY PLAN BOOK 60, PAGE 20 AND MORE FULLY BOUNDED .AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN DEDICATED RIGHT OF WAY LINE OF 50 FOOT WIDE GRAHAMS WOOD ROAD (T-448) AT THE DIVIDING LINE BETWEEN LOTS 7 AND t I ON THE ABOVE- MENTIONEDSUBDIVISION PLAN; THENCE ALONG SAID DIVIDING LINE NORTH 88 DEGREES 37 MINUTES ~ i SECONDS EAST 166.45 FEET TO A POINT; THENCE ALONG SAME SOUTH 62 DEGREES 58 dI1NUTES OS S NDS EAST 115.00 FEET TO A POINT; THENCE ALONG SAME SOUTH 12 DEGREES 49 MINUTES 09 SECONDS WEST 182.26 FEET TO A POINT; THENCE ALONG THE DIVIDING LINE BETWEEN LOTS 7 AND 8 ON SAID PLAN NORTH 65 DEGREES 23 MINUTES 33 SECONDS WEST 256.94 FEET TO A POINT ON THE EASTERN DEDICATED RIGHT OF WAY OF GRAHAMS WOODS ROAD; THENCE ALONG RIGHT OF WAY LINE BY A CURVE TO THE LEFT WITH A RADIUS OF 983.93 FEET TO ARC DISTANCE OF 119.19 FEET TO A POINT, THE PLACE OF BEGINNING. Property Address: 575 Graham Woods Ruad. Carlisle. PA 17013 TAX I. D. # 43-OS-0419-031 ,,~ 4 ~> ~: ter, Ln i ~ ~r - ,, -, ,_; ~;L: '; ; .<~, ~r ~° '_, ~~ _' _, ' r' - =--. ~ ;, K1 ~~ FEDERMAN and PHELAN 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 COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. GORDON E. SHERIFF NANCY L. SHERIFF Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4660 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage O non-owner occupied () vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. ~ ~~ ~? ,: ten= `n' ~, mfr :. ' -:._ = ~ : T - Cia ~ -- - ,~~ ~~ , -, p~ _ ~'~~ "=i y :' t'~ : `C7 K _ -#2~~ r"~€si+ -nsee~s. *u, ~so-F:~iwcre~ -~a r~:*a35a i~ ?pss~s.~ta COUNTRYWIDE HOME LOANS, INC. v. Plaintiff, CORDON E. SHERIFF NANCY L. SHERD' CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVII. DIVISION NO.Ol-4660 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) COUNTRYWIDE HOME LOAN5, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,575 GRAHAM WOODS ROAD, CARLISLE, PA 17013 . Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) CORDON E. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 NANCY L. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) GREEN TREE 3401 HARTZDALE DRIVE CONSUMER CAMP HILL, PA DISCOUNT CO. 4. 5. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which maybe affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of pp Box 2675 Pennsylvania Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 10, 2001 DATE c ~' v~ ~ - ; rn~;, : ~ " c~-r~, l7 _ ~' ~' ~ __ _ i', - K -- zC~ ~,_ 'ii G i+^. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, v, . No. 01-4660 GORDON E. SHERIFF NANCY L. SHERIFF Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due 117,792.49 ~ Interest from 9/10/01 to 12/5/01 1,665.23 and Costs (per diem -19.36) TOTAL 119,457.42 )ZANK FEDE ,ESQUIRE ~ e Penn Center. Suburban Station 617 John F. Ke edy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. ,,,, w O a O U w O O F d z W a z O U O x A z 0 U w w qz a C~7 Ww x a U z O F U w 0 3 w a d ~. a h U w P. b w w .~ a 0 w M ti O r .~ d' P~ W .d r.i U O 0 O ~. c. ~; x 3 ALL THAT CERTAIN TRACT OF LAND SITUATE IN UPPER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING DESCRIBED AS LOT NO. 7 OF THE HOBBYHORSE ACRES SUBDIVISION, PREPARED BY DOUGLAS S. BREHM, R.S. DATED JULY 23, 1989, AND RECORDED IN CUMBERLANDf6CJ~NTY PLAN BOOK 60, PACE 20 AND MORE FULLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN DEDICATED RIGHT OF WAY LINE OF 50 FOOT WIDE GRAHAMS WOOD ROAD (T-448) AT THE DIVIDING LINE BETWEEN LOTS 7 AND 11 ON THE ABOVE- MENTIONEDSUBDIVISION PLAN; THENCE ALONG SAID DIVIDING LINE NORTH 88 DECREES 37 MINUTES 4 SECONDS EAST 166.45 FEET TO A POINT; THENCE ALONG SAME SOUTH 62 DEGREES 58 MINUTES OS S NDS EAST 115.00 FEET TO A POINT; THENCE ALONG SAME SOUTH 12 DEGREES 49 MINUTES 09 SECONDS WEST 182.26 FEET TO A POINT; THENCE ALONG THE DIVIDING LINE BETWEEN LOTS 7 AND 8 ON SAID PLAN NORTH 65 DEGREES 23 MINUTES 33 SECONDS WEST 256.94 FEET TO A POINT ON THE EASTERN DEDICATED RIGHT OF WAY OF GRAHAMS WOODS ROAD; THENCE ALONG RIGHT OF WAY LINE BY A CURVE TO THE LEFT WITH A RADIUS OF 983.93 FEET TO ARC DISTANCE OF 119.19 FEET TO A POINT, THE PLACE OF BEGINNING. .; Property Address: 575 Graham Woods Road, Carlisle, PA 17013 TAX 1. D. # 43-05-0419-031 0 (~ ~ ~ ~ ~ 1 I ( ~ ~ .~ c ..~. ~ ^ ~'~. ' ~ e y~r #e~-Y-r~•.,,arv9 ,.~,rr>r ;s€zed.:,srFw,*:F~~@~a~tn2!~`5,5P~2~~~3~:5:. ' A. + FEDERMAN AND PHELAN 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 (2151 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024-3632 Plaintiff, v. CORDON E. SHERIFF NANCY L. SHERIFF Defendant(s). TO THE PROTHONOTARY: PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Kindly enter judgment in favor of the Plaintiff and against CORDON E. SHERIFF and NANCY L. SHERIFF, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff s damages as follows: CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4660 As set forth in Complaint Interest from 8/1/01 to 9/10/01 TOTAL 116,866.09 926.40 117,792.49 ~ I hereby certify that (1) the addresses of the Plaintiff and Defendants} are as shown above, and (2) that notice has been given in accordance with Rule 237,1, copy attached. ESQUII2E for DAMAGES ARE HEREBY ASSESSED AS INDICAT DATE:.S, ~-f~~ PRO PROTHY (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE Plaintiff, v. CORDON E. SHERIFF NANCY L. SHERIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4660 Defendant(s). ttorney for Plai~-tiff PENN CE ER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUTfE 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 CORRESPONDENCENDENCE ISNOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Notice is given that a Judgment in the above-captioned matter has been entered against you on ~~~ l l 2001 . DEPUTY If you have any questions concerning this matter, please contact: ~- l FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff VS. GORDON E. SHERIFF NANCY L. SHERIFF Defendant TO: NANCY L. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE,PA 17013 DATE OF NOTICE: AUGUST 28,2001 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY N0.01-4660 .r m~ , a THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman,Esquire Attorney for Plaintiff - ' FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Subuxban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff vs. GORDON E. SHERIFF NANCY L. SHERIFF Defendant(s) TO: GORDON E. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE,PA 17013 DATE OF NOTICE: AUGUST 28.2001 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-4660 ~,~ -~' ,a i ~'j a '~:f :J ~.a a THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help; CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff -- ,~ .. FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOIIN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215)563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION NO.O1-4660 GORDON E. SHERIFF NANCY L. SHERIFF Defendant(s). 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 GORDON E. SHERIFF is over 18 years of age and resides at , 575 GRAHAM WOODS ROAD, CARLISLE, PA 17013 . (c) that defendant NANCY L. SHERIFF is over 18 years of age, and resides at , 575 GRAHAM WOODS ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ESQUIRE for .. N ~ ~ ~- ~ _, m r` =v - lll/// u-, ~ ~ r~ ~ ~~ W _ ( ~ ~ '~ -~, ~n "~ ~ ~ ~ e ~. ~ ~ ~ ~~ ~ ~ ~ ~ ~~ amfn-_. f ~»~°~' w a~,~ ~u+yt++e ~aun~,~~~m'tr+Y{~,~,' + SHERIFF'S RETURN - REGULAR CASE NO: 2001-04660 P ..~ - C{C)MMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS SHERIFF CORDON E ET BRIAN BARRICK -, Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHERIFF CORDON E the DEFENDANT at 1930:00 HOURS, on the 7th day of August 2001 at 575 GRAHAM WOODS ROAD CARLISLE, PA-17013 by handing to CORDON SHERIFF a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.85 Affidavit .00 Surcharge 10.00 .00 33.85 Sworn and Subscribed toybefore me this /4`~ day of ,sw-~' 3.tn~ A . D . n.Q Prothonotary So Answers: .~~~~! P R. Thomas Kline 08/08/2001 FEDERMAN & PHELAN By: Deputy Sheriff -,~«~,~ SHERIFF'S RETURN - REGULAR SSE NO: 2001-04660 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS SHERIFF GORDON E ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FF NANCY L the DEFENDANT at 1930:00 HOURS, on the 7th day of August 2001 at 575 GRAHAM WOODS ROAD SLE, PA 17013 by handing to NANCY SHERIFF a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this JL ~ day of ~«~ y,or ~///gym °/y A . D . P o honotary !_~ So Answer ~~4 ~~ R. Thomas 08/08/2001 FEDERMAN & PHE By:~ C Deputy Sheriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIl2E IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHII,ADELPHIA, PA 19103-1814 (7~) Sfi't-7000 COURT OF COMMON PLEAS CNIL DNISION COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRNE PLANO, TX 75024-3632 TERM Plainfiff v. No. of -- '4L.(P~ ~(Ul~,,, CUMBERLAND COUNTY GORDON E. SHERIFF NANCY L. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 Defendant(s) **THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WII.L BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TffiS DEBT WAS NOT REAFFIItMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN 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 maybe 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 #: 5650323 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 VALH). 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 THH2TY (30) DAY PERIOD FOLLOWING FHLST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT I5 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 NDGMENT 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 THYS 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. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024-3632 2. The name(s) and last known address(es) of the Defendant(s) are: GORDON E. SHERIFF NANCY L. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 9/30/96 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to VIRGINIA FIRST SAVINGS BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1344, Page 62. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 4/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $107,588.27 Interest 3,566.64 3/1/01 through 8/1/01 (Per Diem $23.16) Attorney's Fees 4,000.00 Cumulative Late Charges 556.96 9/30/96 to 8/1/Ol Cost of Suit and Title Search 5511.00 Subtotal $116,261.87 Escrow Credit 0.00 Deficit 69-4-22 Subtotal $_6D4.22 TOTAL $116,866.09 The attorney's fees set forth above are inconformity 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. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $116,866.09, together with interest from 8/1/01 at the rate of $23.16 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /' ~~" /s/Frank Federman FRANK FEDERMAN, ESQiJIltE Attorney for Plaintiff ALL TI3'AT CCRTAJN tract of land with the improvements thereon erected situate in Upper Frankfard Township, CumberlandCounty, Pennsylvania, being described a5 Lot No, 7 of the Hobbyhorse Acres Subdivision prepared by Douglas S. Brehm, R.S. dated July 23, 1989 and recorded in Cumberland County Plan Book 60,. Page 20 and-morn fully bounded and described as follows: BEGINNING at at point on the eastern dedicated right of way line of 50 foot wide Grahams Waod Road (T-448) at the dividing line between Lots 7 and ll on the above-mentioned subdivision plan; thence along said dividing line North 88 degrees 37 minutes 45 seconds East 166.45 feet to a point; thence along same South 62 degrees 5$ minutes OS seconds Gast 115.00 feet to a point; thence along same South 12 degnees 49 minutes 09 seconds West [ 82.26 feet to a point; thence along the dividing line between Lots 7 and 8 on said plan North 65 degrees 23 minutes 33 seconds West 256,94 feet to a point on the eastern dedicated right of way of Graluuns Wood Road (T 448)•, thence along said right of way line by a curve to the left whit a radius of 983.93 feet alt arc distance of 119.19 feet to a point, the Place of BEGINNING. CONTAINING 43,452.28 square feet and having thereon erected a single family dwelling with mailing address of 575 Grahams Wood Road, Carlisle, Pennsylvania. BEING a portion of [he same premises which Nancy M. McCoy, by Deed dated September 7, 1993 and recorded in the Office of the Recorder of Deeds in and for Cuntbertand County at Carlisle, Pennsylvania, in Deed Book "N", Volume 36, Page 268, granted ;utd conveyed to Russell Wilson, II and Patt R. Scl'trcftler~'•'ilcon. hu<h~d and wilt. the ^rnton lr~~.. PREMISES: 575 GRAHAM WOODS ROAD $, YSm~,~.~ VERIFICATION BRANDON SCIUMBATO hereby states that he is VICE PRESIDENT of COiINTRI'WIDE HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verificafion, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.~[ Sec. 4904 relating to unswom falsification to authorities. A ~ s; DATE: i ~~~~ . ~ ~~ 1 ~ `~ W s 0 e T v u; a , ~ Z e ~ ~ 7 5-' ~~ o fir' 'TJ =:}SJ " ~ :% :; ; ~? '> ('> C C,J ~rn ~~ ~ .,,p ~ ~~~ AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) GORDON E. SHERIFF NANCY L. SHERIFF SERVE GORDON E. SHERIFF AT 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 No. 01-4660 CUMBERLAND COUNTY Type of Action - Notice of Sheriff s Sale Sale Date: DECEMBER 5, 2001 SERVED Served and made known to ~ ~ ,Defendant, on the ~ day of S p ~~ , 200 ~ at ~ ~ ~ u ,o'clock ~.m, at ~` 7S Giea~.a~ ~ e e d ~ ~ , i ~ ~ l ~ 51 ~ ,Commonwealth of Pennsylvania, in the manner described below: ~_Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: N d Description: Age ~ Height /0 Weight ~Gd Race w k Sex ~ Other ~4 e a R I C1~ R e N e c ~, . Ca R ~ ~R a corr~etent adult, being duly sworn according to law, depose and state that I personally handed a tme and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subsc before me this 1~ of ~~ , 200 Notary^~~ w NOTARIAL SEAL ANNE G. BORY4t' ~totary Pu Chamhrsrshurf- ~nkli Rhy Commissi,.a~, l~,,xes D On the day of Moved _ Unknown Other: Sworn to and subscribed before me this day of , 200 _. Notary: ~~~n v NOT SERVED 200_, at o'clock _.m., Defendant NOT FOUND because: No Answer Vacant By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ~- c_' ~,.~ _ ,~ ,~`_ ., , 4 ~l t_.. i_ ~.. . Ti- ~~) __ l ~~ .{~ 1^ .li ~~ .. F'N:~x flP .£ri ~i~.. ~.aN'~''uI~IPAR'^r'i$~.f~i%il"lA~i3fi~~.~fl AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWH)E HOME LOANS, INC. DEFENDANT(S) GORDON E. SHERIFF NANCY L. SHERIFF SERVE NANCY L. SHERIFF AT 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 SERVED CUMBERLAND COUNTY No. 01-4660 Type of Action -Notice of Sheriff s Sale Sale Date: DECEMBER 5, 2001 Served and made known to ~`aN ~~ ~ ` ~` 2 R "~ , Defen~d/a~ntl, on the ~ day of ~~=, 200 r , at Jr' Qo , o'clock ~N,m., at ~Z~ Goa ("a `"' ~ o o ,~ S ' `C . ~aR' 151 p ,Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. ,~y r ~_Adult family member with whom Defendant(s) reside(s). Relationship is 9l6 hUS ~jg tJ~ , Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) resides}. Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age .JO Height ,5~0 Weight ~(vt~ Race WN Sex P` Other G'aR~rJ K ` SG~~ `{~ ~~aRd I, l Ia R eNC c ~.. Carty ,-J-K. , a competent adult, being duly sworn according to law, depose and state that I personally handed a tme and correct copy of the otice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above ..__._... __. _ ANNE G. 6QftY~N, p!"0.?fY PUbiIC Swom to and subsc~ d Chambersburrt ::. , ; „ :; "t ry y before me this 1~ day 9Ny Caanmissiaa Expires Y c.~ of ~~"~; 2001. Notary: ~ „`„~~,~ By: NOT SERVED On the day of 200_, at o'clock _.m., Defendant NOT FOUND because Moved _ Unlmown _ No Answer Vacant Other: Swom to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 c~ ~ ;-, r. -- ^] v c~ _, rnc•,~ :~~~~ Z . ,,' 7 C,_ Ga t_ _.__ -G r:- r' :~: 7 i~ -- °`i -G. ~ =` .> SALE DATE: DECEMBER 5, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW COUNTRYWIDE HOME LOANS, INC. No.:01-4660 vs. GORDON E. SHERIFF NANCY L. SHERIFF AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. RC.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 575 GRAHAM WOODS ROAD, CARLISLE, PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. November 30, 2001 CUMBERLAND COUNTY COUNTRYWIDE HOME LOANS, INC. vs. GORDON E. SHERIFF NANCY L. SHERIFF No.: 01-4660 SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 2) 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 575 GRAHAM WOODS ROAD, CARLISLE, PA 17013: 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) COUNTRYWH)E HOME LOANS, INC v. Plaintiff, GORDON E. SHERIFF N~uYCY L. SHERIFF Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.Ol-4660 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,575 GRAHAM WOODS ROAD. CARLISLE, PA 17013 . 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) GORDON E. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 NANCY L. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) GREEN TREE 3401 HARTZDALE DRIVE CONSUMER CAMP HILL, PA DISCOUNT CO. 4. 5. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which maybe affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of p0 Bos 2675 eifarelvania Department of Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Septeml?er 10, 2001 DATE O .'~ ^ ~ y •~~a ~ ~ ~~°• a ~M~ W a.~.~~ ~a ~~ ~ ~~ ~o~ (~ G .~. w0`.°-a O d '° 9 d cEab~ zao ~~ _ a °-~ ~ T 6 ~ C q p ~O y % Ali .: ~ "~ ~~5 ~ x ~ ~ n ~ , l; ~ v JV J ~'` n `a j g @ ~ d :.~ ~ . ~ ~ -~~ ~ ~ f~C ~ a ~ _ ~ N ~ ~- ~ ~~ ~. ~ f) ~ O Q . ~ \ \ q ~ C y O M ~ az ~ ~, ' ~ °S ~ s ~ W _ /~ v ~ f $ ~ y ~ 5 0 uS ~.~~e a ~ ~~~.~ ~K~m J` e e ~ ~ y~ oo 3so U c 9 F w ~ a N a==% r a ] J N a i`~3.w ' ~ ~ ~ Q M ~ ? ~ O ~ .~ r ~ U cww~• z ~ a°o~~ ~ a ~ e~~E~ w ~ W ". x~_~ w ~ Ga 8 = ~ ai o ~ ~] w ~ F ;2 ~ L ?00 z M1- Jf F ~ ~ ~ ~ ~,, ~ ¢ Q Q U H w O O U a o M z ` Q O o ~ 3 a . ~ a` W ~ u o ~ ~ ~ e ~ w ~ ~ c7 Q a~ o O Ww z w a O O n y ~ _ F F a ~ y L `` 1~1 ~ O G " ~ U ao ~ ~ 3 ~ ~ o z y ~A e ~ ~ < W ~ w ~ z O q o U F C7 Fa d a E C~ 2 N V ' ~ p c ~ + a ~ IA ~ y om N M C Vl ~D I~ W 01 ~ N M 7 ill a 9 ~ Fa ~, !^~rr~ C J c:~ C C; r~ `CS r' f~l ~'- r,. (S1(a ~ fi ~'1~ ~ 1 _ Gr} '`..' L. Y: i _ _ Y [_ i Jl :L ~ ~ '{ e - '/ ."'%,.~_ jirn: ,Y -r,e..= x ~.:e:-*;,xaq*.vs3e~F6:1sT,?W!''wry+;We£k~rt#~aTp~f 1 Countrywide Home Loans, Inc. VS Gordon E. Sheriff and Nancy L. Sheriff In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4660 Civil Term R. Thomas HIine, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff s Costs Docketing 30.00 Surcharge 30.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 25.66 Mileage 11.70 Levy 15.00 Advertising 15.00 Certified Mail 4.53 Poundage 12.44 Postpone Sale 20.00 Law,Journal 256.10 Patriot News 197.58 $ 634.51 paid by attorney 3-07-02 Sworn and subscribed to before me S~~~' '~ r~~C This 64 ~' day of `YVU~,u,~_~ R. Thomas Kline, Sheriff 2002, A.D. BY Prothonotary Real Estate Deputy /. ~ L'y~+ 3S' FJ q ~ /a ~ F33 COUNTRYWIDE HOME LOANS, INC. v. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION GORDON E. SHERIFF NANCY L. SHERIFF Defendant(s). NO.Ol-4660 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS. INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concenung the real property located at ,575 GRAHAM WOODS ROAD, CARLISLE PA 17013 . Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) GORDON E. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 NANCY L. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) GREEN TREE 3401 HARTZDALE DRIVE CONSUMER CAMP HILL, PA DISCOUNT CO. 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which maybe affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of PO Box 2675 Pennsylvania Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Se»tember 10.2001 DATE ,ESQUIRE for x-~~,,z,~r,,,. COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. GORDON E. SHERIFF NANCY L. SHERIFF Defendant(s). CUMBERLAND COUNTY No. 01-4660 September 10, 2001 TO: GORDON E. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 NANCY L. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 **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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at , 575 GRAHAM WOODS ROAD, CARLISLE. PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5.2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $117,792.49 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. If the Sheriff s sale is postponed, the property will be relisted for the MARCH 6, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay, you may call: (215) 563-7000. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN TRACT OF LAND SITUATE IN UPPER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING DESCRIBED AS LOT NO. 7 OF THE HOBBYHORSE ACRES SUBDIVISION PREPARED BY DOUGLAS S. BREHM, R.S. DATED JULY 23, 1989, AND RECORDED IN CUMBERLAND NTY PLAN BOOK 60, PAGE 20 AND MORE FULLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN DEDICATED RIGHT OF W,AY LINE OF 50 FOOT WIDE GRAHAMS WOOD ROAD (T-448) AT THE DIVIDING LINE BETWEEN LOTS 7 AND I1 ON THE ABOVE- MENTiONEDSUBDIVISION PLAN; THENCE ALONG SAID DIVIDING LINE NORTH 88 DEGREES 37 MINUTES a ~ SECONDS EAST 166.45 FEET TO A POINT; THENCE ALONG SAME SOUTH 62 DEGREES 58 MINUTES 05 S NDS EAST 115.00 FEET TO A POINT; THENCE ALONG SAME SOUTH 12 DEGREES 49 MINUTES 09 SECONDS WEST 182.26 FEET TO A POINT; THENCE ALONG THE DIVIDING LINE BETWEEN LOTS 7 AND 8 ON SAID PLAN NORTH 65 DEGREES 23 MINUTES 33 SECONDS W EST 256.94 FEET TO A POINT ON THE EASTERN DEDICATED RIGHT OF WAY OF GRAHAMS WOODS ROAD: THENCE ALONG RIGHT OF WAY LINE BY A CURVE TO THE LEFT WITH A RADIUS OF 983.93 FEET TO ARC DISTANCE OF 119.19 FEET TO A POINT, THE PLACE OF BEGINNING. Property Address: 575 Graham Woods Road, Carlisle. PA 17013 TAX I. D. # 43-05_0419-031 WRIT OF EXECIJt10N and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF (.timberland NO. 01-4660 CIVIL 1~ TERM CIVIL ACTION -LAW To satisfy the debt, interest and costs due cnnn rvw;A Herne Loans Inc PLAINTIFF(S) from r,nrr3nn E ~ r'ff and Nancv L. Sheriff, 575 Graham woods Road, Carlisle, PA 17013 DANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Legal Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and !o notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt t©br 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)notlevieduponansubjecttoattachmentisfoundinthepossessionofanyoneother than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $117,792.49 Interest fran 9/10/01 to 12/5/01 (per dies Atty's Comm Atty Paid Plaintiff F Date: /o September 11, 2001 REQUESTING PARTY: Name Frank Federman, Esq. One Penn 'en era u an ion Address: ~6~7~^ra,-~ RPnilr~r~, 1~r,,,1PVa,.r3,_Suite 1400 $tli~ '-~°-=~;^h'~, PA t910.'t-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 12248 L.L. $.50 Due Prothy Other Costs $1 00 Curtis R. Long bY: 1~//J n Prothonotary,~Civiyl Dyiv7ision om-, v ~. / / /~n~~.l_ Deputy REAL ~~~~E S~L~ NQ. ~g On September 17, 2001, the sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA, known and numbered as 575 Graham Woods Rd., Carlisle, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 17, 2001 By: Q(9Cf.l.(~YVL~,~ ~r Real Estate Deputy c~ r"au 6~ F°~~: '.'`d ~[ ~ . ' `' ~'rJ ~~~: ~'~1 4 J ~ ~~' d3~, ~~ .~u~ ~ <: t ',a~su~~ _:~':,~[~''SWT4.P,l'~R~~,~,`w^-.'V:fi t ~n..::e.:,, s..,.F n'~~~°.44Y~ .- _~ »~ ~_ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAd No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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 T to Patriot-News and The Sunday Pairiot-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 23rd and 30th day(s) of October and the 6th day(s) of November 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphi in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ..........................~.......................................... ....................... COPY Sworn e i 19th da of No ber 2001 A.D. SALE #38 Notarial Seai Terry L. Russell, Notary Public HaMSbuy, Deuphln Ccunry My Commission Expires June 6, 2002 NO ARY PUBLIC Member, Pennsytvanla pssoclatbn of Notaries My commission expires June 6, 2002 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 $ 196.08 Probating same Notary Fee(s) $ 1.50 Total $ 197.58 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. By .................................................................... _ ~„~ _. ,,~ --HEAL ESTATE SALE No.38 _'- Wrli No.2007.9660 - Civil Term -- ~ Countrywide Home Loans, Inc. vs - ~~' -Gordon E.Sheritf _ "-Nancy L,SheriN '~-~ Ahy: Frank Federman DESCR¢~C10N -'~ 9I.L THAT CERTAIN nact of land situate in - Ilppcr Fmnkford Township, Cumberland Comty, El'smnsylvania,.being described az Lo[ No. 7 of the -=Hobby ftorse Aacs subdivision prepared by _Douglas S. Brehm, R.S., dated July 23, 1989, and -reborded m CSimbedand Cwnry Plan Book 60, 7iage 20 and mare fully bounded and described as follows: BEGA'NAIG at a point on the eastern dedicated °nght of way Bne of 50 foot wide Grahams Woad _Road (T-448J at the dividing line betweev Lots 7 -- and 11 on the_abwe-mentioned subdivision plan; -thence along said dividing line north 88 degrees 3Zmidutes 45 seconds east 166.45 feet to a Point, tlieace along-same sdbth 62 degees,58 numaes OS seconds east 115.00 feet to a point; (hence ~v, king saiue south 12 degees 49 minutes 09 - swUbas west 182.26 feet to a point; thence along -ffie dividing line between Loss 7 and 8 on said Plan bbdh 65 degrees 23 minutes 33 seconds west 256.9.4 feet to a point on the eastern dedicated right of wxy of Grahams Woods Road; thence _ along righLof way_fine by a curve to the IeH with -dins of 983.93 Ceet to am distance of 119.19 . feet to a paint, dre place ofBEGINN[NG. Property Address: 575 Graham Woods Road, Cadislc, PA 17013. TAX-ID Y43-OS-0419031. gEAL ESTATE SALE NO. 3S Writ No. 2001-4660 Civll Countrywide Home Loans, Inc. vs. Gordon E. Sheriff and ~. Nancy L. Sheriff Atty.: Frank Federman ALL THAT CERTAIN tract of land situate m Upper Frankford Town- ship. Cumberland County. Pennsyl- vania, being described as Lot No. 7 of the Hobbyhorse Acres Subdivi- sion prepared by Douglas S. Brehm. RS. dated July 23, 1959, and re- corded in Cumberland County Plan Book 60. Page 20 and more fully bounded and described as follows: BEGINNING at a point on the eastern dedicated right of way line ' of 50 foot wide Grahams Wood Road ~__ f1.-448) at the dividing line between Lots 7 and 11 on the above-, mentioned subdivision plan: thence along said dividing line North 88 degrees 37 minutes 45 seconds East 166.45 feet to a point; thence along same South 62 degrees 58 minutes 05 seconds E__ast 115.00 _ feet to a point; thence along same South 12 degrees 49 minutes 09 __. seconds West 182.26 feet to a . point: thence along the dividing Ime ~. between Lots 7 and S on said plan e North 65 degrees 23 minutes 33 seconds West 256.94 feet to a point i `_ on the eastern dedicated right of way of Grahams Woods Road; thence along right of way line by a curve to the left with a radius of 983.93 feet to arc distance of 119.19 feet to a point, the place of begiPropergty Address: 575 Graham Woods Road, Carlisle, PA 17013. TAX I.D. #43-OS-0419-031. 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. Roger M. Morgenthal, 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 Z, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 12, 19, 26, 2001 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. Y~ ~'_"~ Ro r M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER. 2001 LOTS E, CAE 5, PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. GORDON E. SHERIFF NANCY L. SHERIFF Defendant(s). No. 01-4660 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $117,792.49 Interest from 9/11/01 to 12/4/02 $8,712.00 and Costs (per diem -$19.36) TOTAL $126,505.49 FRANK FE ERMAN, ESQUIRE One Penn Ce er at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. ~~ . rn Ts ~o `,~° ti a a a a a m 0 ., s y C .. b n 0 0 y 0 z r x 0 O '~ n 0 z z 0 r 0 z z n z d O z c c z z x 0 y O n 0 z r a 0 ALL TH14T CERTAIN TRACT OF LAND SITUATE IN UPPER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING DESCRIBED AS LOT NO. 70F TWE HO$B1!HORSE.ACRES.SUBDIVISION PREPARED BY DOUGLAS S. BREHM, R.S. DATED JULY 23, 1989, AND RECORDED IN CUMBERLAND NTY PLAN BOOK 60, PAGE 20 AND D10RE FULLY BOUNDED AND DESCRIBED A$FOLLOWS: BEGINNING AT A POINT ON THE EASTERN DEDICATED RIGHT OF WAY LINE OF 50 FOOT WIDE GRAHAMS WOOD ROAD (T-448) AT THE DIVIDING LINE BETWEEN LOTS 7,AND 11 ON THE ABOVE- MENTIONEDSUBDIVISION PLAN; THENCE ALONG SAID DIVIDING LINE NORTH 88 DEGREES 37 MINUTES 4 ~ SECONDS EAST 166.45 FEET TO A POINT; THENCE ALONG SAME SOUTH 62 DEGREES 58 MINUTES OS S NOS EAST 115.00 FEET TO A POINT: THENCE ALONG SAME SOUTH 12 DEGREES'49 MINUTES 09 SECONDS WEST 182.26 FEET TO A POINT; THENCE ALONG THE DIVIDING LINE BETWEEN LOTS 7 AND 8 ON SAID PLAN NORTH 65 DEGREES 23 MINUTES 33 SECONDS WEST 256.94 FEET TO A POINT ON THE EASTERN DEDICATED RIGHT OF WAY OF GRAHAMS WOODS ROAD; THENCE ALONG RIGHT OF WAY LINE BY A CURVE TO THE LEFT WITH A RADIUS OF 983.93 FEET TO ARC DISTANCE OF 119.19 FEET TO A POINT, THE PLACE OF BEGINNING. Property Address: 575 Graham Woods Road, Carlisle, PA 17013 TAX 1. D. # 43-OS-0419-031 Vestin¢ Informat4on: Vested by Warranty Deed, dated 9/30/96, given by Russell R Wilson,.II and Patt R Schreffler Wilson, husband and wife to Gordon E. Sheriff and Nancy L. Sheriff, husband and wife and recorded 10/1/96 in Liber Book: 146 Page: 943 -~m,~~, a f c Lf f ~1 N ~ ~ ~ c~~~s~~ o h ~ 0, c~C h~?~C ~ i '~ N ~ 1 1 ~ ~ ~ tai ~n ~ . ~ .. ~ m m p -~ 'R ~ ~ ~± Y7 ~ ~ ~ f ~. C7 ~ 1 1 G ~-, ~C IN RE: Gordon E. Sheriff Nancy L. Sheriff THE MIDDLE D STRICT OF PENNSYLVANIA 1.-, / n~ ~~ ~~ • ~ //t~.xr ~ ~~j~ Bk. No. 01-06438 RJW Countrywide Home Loans, Inc. v. 11 U.S.C. Gordon E. Sheriff Nancy L. Sheriff and Debtors Chapter No. 13 Movant Charles J. DeHart, III, Esquire (Trustee) Respondents ~` tYGl ORDER AND NOW, this ~ day of ~ (J,j~J 2002, upon considerafion of the Motion for Relief and Motion for Default of Movant, Countrywide Home Loans, lna, it is hereby ORDERED that the Order for Relief be entered by default with respect to premises at 575 Grahams Woods Road, Cazlisle, PA 17013, to allow the Movant to foreclose on its mortgage, which mortgage was recorded in Cumberland County, in Mortgage Book 1344, Page 62, and allow the purchase of said premises at Sheriffs sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises. By the Court: Js/ Robert d. Woodside Robert J. Woodside, Bankruptcy Judge cc: Judith T. Romano, Esquire Gordon E. Sheriff One Penn Center at Suburban Station Nancy L. Sheriff 1617 John F. Kennedy Blvd., Suite 1400 575 Grahams Woods Road Philadelphia, PA 19103-1814 Carlisle; PA 17013 James K. Jones, Esquire Charles J. DeHart, III, Esquire (Trustee) 7 Irvine Row P.O. Box 410 ~x _ ' . ~:. Cazlisle, PA 17013-3019 Hummelstown, PA 17035 a ~M OUP - 9 2002 ankruptcy Court Clerk, - 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 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. GORDON E. SHERIFF NANCY L. SHERIFF Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4660 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied O vacant Q Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FE ERMAN, ESQUIRE Attorney for Plaintiff ~ ° t ~e~ - ~ ' m; ' 7_ .7 i ,~ _ ~~ ~~r -~ ~ ~i~, . ~~ rv `~: ~~ ~ ~r w .~ - _ EF~'pgM~U~x~~N~+:~x .i~wa aaM~,~r wR-sEwirsa^ra~n saTa l$J'k~In'~eis I COUNTRYWIDE HOME LOANS, INC. v. Plaintiff, GORDON E. SHERIFF NANCY L. SHERIFF Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.Ol-4660 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,575 GRAHAM WOODS ROAD, CARLISLE, PA 17013 . 1. Name and address of Owner(s) or reputed Owner(s): Name GORDON E. SHERIFF NANCY L. SHERIFF Last Known Address (if address cannot be reasonably ascertained, please indicate) 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 575 GRAIIAM WOODS ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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) GREEN TREE CONSUMER DISCOUNT 3401 HARTZDALE DRIVE, SUITE 118 COMPANY CAMP HILL, PA 17011 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 maybe affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Julv 31.2002 DATE FRANK F ERMAN, ESQUIRE Attorney for Plaintiff c ° ~ ' ~, ~. _-~ a~; ~~~~ ~~ ~_ C: cn = ' w '- > t'a , , ~.~ r -y~ ~ '-~ -G~ ;~ ,jrn L. .. -._f ,., ,r.- -.y _ _ ~ _ >§K4P E~=Xi'.i-n~£ ~anx•y'o-W.~hF'F=e`3F:94fi`.3hZ.4~f°.3,~Y3,9$, _ .... .~ COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, v. No. 01-4660 GORDON E. SHERIFF NANCY L. SHERIFF Defendant(s). July 30, 2002 TO: GORDON E. SHERIFF NANCY L. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. Your house (real estate) at , 575 GRAHAM WOODS ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on 12/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Cazlisle, PA 17013, to enforce the court judgment of $117,792.49 obtained by COUNTRYWIDE HOME LOANS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate acfion: The sale will be cancelled if you pay to the mortgagee the back payments, late chazges, costs and reasonable attorney's fees due. To fmd out how much you must pay, you may call: (2151563-7000. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. 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.) .. I YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ~:, ALL THAT CERTAIN TRACT OF LAND SITUATE IN UPPER FRANKFORD TOWNSHIP,CUMBERLAND OUNTY, PENNSYLVANIA, BEING DESCRIBED AS LOT NOi 7 OF-THE HOBBYHORSE i\CRES SUBDIVISION. `" REPARED BY C10UGLASSJBR:EHM, R:S: DATED JULY 23,:1989, AND RECORDED [N CUMBERLAND N'FY LAN BOOK GO;PACE 24=AiVD-MO1tE FULLY BOUNDED AND DESCRIBED'e1S FOLLOWS: BEGINNING AT A POINT ON THE EASTERN DEDICATED RIGHT OF WAY LINE OF 50 FOOT WIDE ;RANAMS WOOD ROAD (T=418) AT THE DIVIDING LINE BETWEEN LOTS 7 AND 11 ON THE ABOVE- IENTIONEDSUBDIVISION PLAN; THENCE ALONG SAID DIVIDING LINE NORTH 88 DEGREES 37 MINUTES 4 ECONDS EAST 166.45 FEET TO A POINT; THENCE ALONG SAME SOUTH.62 DEGREES 58 MINUTES OS S NDS AST 115.00 FEET TO A POINT; THENCE ALONG SAME SOUTH 12 DEGREES 49 MINUTES 09 SECONDS WEST 62.26 FEET TO A POINT; THENCE ALONC THE DIVIDING LINE BETWEEN LOTS 7 AND 8 ON SAID PLAN NORTH DEGREES 23 MINUTES 33 SECONDS WEST 256.94 FEET TO A POINT ON THE EASTERN DEDICATED RIGHT rF WAY OF GRAHAMS WOODS ROAD; THENCE ALONC RIGHT OF WAY LINE BY A CURVE TO THE LEFT VITH A RADIUS OF 983.93 FEET TO ARC DISTANCE OF l 19.19 FEET TO A POINT, THE PLACE OF BEGINNING. Property Address: 575 Graham Woods Road, Carlisle, PA 17013 TAX 1. D. # 43-OS-0419-031 Vesting Information: Vested by Warranty Deed, dated 9!30/96, given by Russell R. Wilson, II and Patt R. SchreDler Wilson, husband and wife to Gordon E. Sheriff and Nancy L. Sheriff, husband and wife and recorded 10/1/96 in Liber Book: 146 Page: 943 ~~ ~.... r4 ~~ 1 t'~(~ -ri 4 7 C', y ~„ =~'° ~= C7 v ` ' cv v'""' ' : ~K t,J ~_ m ~ .. <`..r~ it e, .:.;•.x. x~,~.^.wmr,. a~znsasr~3s~M,aaa~+~.x& WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-4660 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From GORDON E. SHERIFF AND NANCY L. SHERIFF, 575 GRAHAM WOODS ROAD, CARLISLE, PA 17013 (1) You are duetted to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also duetted to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you aze duetted to notify him(her that hefshe has been added as a garnishee and is enjoined as above stated. Amount Due 117,792.49 L.L. Interest FROM 9/11/01 TO 12/4/02 (PER DIEM - $19.36) - $8,712.00 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $768.86 Other Costs Plaintiff Paid Date: AUGUST 2, 2002 CURTIS R. LONG Prothono/tafry ~j~y) (Seal) $y: G(/l~ / ' /~/IR~Tc. Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOAN R. KENNEDY BOULEVARD, SUITE 1400 PHH.ADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone:215-563-7000 Supreme Court ID No. 12248 ~,..r. ~, ~~~ AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) GORDON E. SHERIFF NANCY L. SHERIFF SERVE GORDON E. SHERIFF AT 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 01-4660 ACCT. #5650323 Type of Action - Notice of Sheriff s Sale Sale Date: 12/4/02 SERVED Served and made known to ~"'Z~n_ ~ ~._t~ h'2~~1'',04,•~D,e~fen_d_1ant, onQthe~JJV day of l+ueLUli' , 200 a' at ~~, o'clock .m., at ~ C ~ ~f~ w~-~t ~ ^~ • . ~~ ~ t~ ' - t,,JCommonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Qpplodt~ t Description; Age ~ H^^eight ~ Weight ~ Race ~ Sex ~ Other I, ~1,p competent adult, being duly sworn according to law, depose and state that I personally handed a tme and correct copy of the N 'ce of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above - - "' i Sworn to and subscribed before me this o2~ da PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200-, at o'clock _.m., Defendant NOT FOUND because: Moved Uxdmown No Answer ls` Attempt: / / Time: Vacant 2"d Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200 _. Notary: By: Attorney foC Plaintiff Frank Federman, Esquire - I.D. No. 12248 C7 c~ (-) C v ., .r t~ Ti _ j f_ h .~:_. _I: ~'i :''„J ~~~ Cil C);'1? .do- °-"`~ ~~l / AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) GORDON E. SHERIFF NANCY L. SHERIFF SERVE NANCY L. SHERIFF AT 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 Served and made known to ]~ atStL• 0J, o'clock~m., at of Pennsylvania, in the manner described below: CUMBERLAND COUNTY I{NID No. 01-4660 ACCT. #5650323 Type of Action - Notice of Sheriff s Sale Sale Date: 12/4/02 SERVED ~''A Defendant, on then _,~ dday o~f(~ai 200 1m (a`~C~']CQ./1 5`~Ci.. 11c.~iN ~ I~SIQ , CoUmmonwealth Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is ~ (~~ eX I~~M~ Adult in chazge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. ~('SOpt~hepr~(, Description: Age ~ Height ~ r Weight ~J Race ~ Sex /! ~'' Other I, ~ ompetent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the N ice of Sheriff s Sale in the warmer as set forth herein, issued in the captioned case on the date and at the address indicated Sworn to and subsoil before e this of -, 20( Notary: U Ow...~~` PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown _ No Answer 1st Attempt: / / Time: Vacant 2"" Attempt: / / Time: 3rd Attempt: f ! Time: Sworn to and subscribed before me this day of , 200 _. Notary: By: ttornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 r n ~i ~ c _!,y ' ~~~ ;~ . mn - °r' -,;~, ~ ~ , ;5 _ w.; L~,, ~. ~~ ~' r -~ •-~ ~ ~J~ r FEDSRMAN AND PHELAN, LLP. by: Daniel G. Schmieg, 8squire Atty. I.D. No. 62205 One Pexua Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 215 5 3-7000 COUNTRYWIDE HONB LOANS, INC ,. - ATTORNEY FOR PLAINTIFF NOV 0 1 2001 L CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. GORDON S. SHERIFF NANCY L. SHERIFF N0. 01-4660 RULE AND NOW, this ~~ ~ day of ~/~~~Y]/~iyl2'G~2/ 2002, a Rule is entered upon GORAON E. SHERIFF & NANCY L. SHERIFF, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE the ~_, da ~~ v - 1 C ii-o~-oa R s ~o Q~ ~~d~Rma~J 9- ~ela,~ BY THE COURT: t'=1~~~5~`1''s'~:G L'i1~ p' L4 , ~ .. ~~j/~~fiJ ~ ~~' (/ ir.., ~W f 5 i .. -.,. ~_~ I ~.. 1, ,-~ ,` ~ „ FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, 8squire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HONE LOANS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. GORDON E. SHERIFF NANCY L. SHERIFF NO. 01-4660 ORDER AND NOW, this day of ,2002, the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance 107,476.07 Interest Amount 13,988.82 4/1/01 through 12/4/02 Late Charges 556.96 Legal fees 4,000.00 Cost of Suit and Title 981.50 Sheriff's Sale Costs 1,134.51 Inspections/Other 239.00 Appraisal Fees 0.00 Escrow Credit 0.00 Deficit 3,049.57 TOTAL $131,426.43 Plus interest per diem from 12/4/02 through Date of Sale at six (6~) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COhII~7ISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: J. FEDERMAN AND PHELAN, LLP. by: Daniel G. Sehmieg, Esquire Atty. I.D. No. 62205 On® Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (2151 5.63_-.7000 COUNTRYWIDB HOME LOANS, INC. vs. GORDON 8. SHERIFF NANCY L. SHERIFF ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4660 PRAECIPB FOR RIILB TO SH04P CAIISE TO THE PROTHONOTARY: Kindly enter a Rule upon GORDON E. SHERIFF & NANCY L. SHERIFF, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. ~~ -' Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERNAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 X15) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOMB LOANS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. GORDON E. SHERIFF NANCY L. SHERIFF N0. 01-4660 PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES 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. This is an action in Mortgage Foreclosure in which Judgment was entered by default dated SEPTEMBER 11, 2001 in the amount of $117,792.49. 2. A Sheriff's Sale of the mortgaged premises was postponed or stayed for the following reasons: The Defendant(s) filed a Chapter 13 Bankruptcy (#p1-06438RJW) filed on DECEMBER 4, 2001. Plaintiff obtained relief from the automatic stay by the Order of Court dated JULY 9, 2002. 3. The mortgaged premises are listed for Sheriff's Sale on DECEI~IDER 4, 2002. 4. Additional sums have been incurred or expended on Defendant(s)' behalf during the time the sale was postponed or stayed, 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 Ealance - - 107,476.07 Interest Amount 13,988.82 4/1/01 through 12/4/02 Late Charges 556.96 - Legal fees - _ - 4,000.00- Cost of Suit and Title - 981.50 Sheriff's Sale Costs _ 1,134.51 Inspections/Other 239.00 Appraisal Fees _ _ _ 0.00 Escrow _- -- - - - _ -- - -- Credit __- 0.00 Deficit - _° 3,049.57 TOTAL $131,426.43 5. Under the terms of the mortgage, Plaintiff is entitled to inclusion of the figures set forth in paragraph four in the amount of judgment 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. Daniel G. Schmieg, ESQUIRE Attorney for Plaintiff -2- FEDBRMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 X15) 563-7000 HOIdB LOANS, INC. ATTORNEY FOR PLAINTIFF CUbffiERLAND COUNTY COURT OF COMMON PLfiAS CIVIL DIVISION vs. GORDON E. SHERIFF NANCY L. SHERIFF NO. 01-4660 BRIEF OF LAYi IN 3VPPORT OF PLAINTIFF'S MOTION TO REASSESS DANAGES I. BACKGROUND OF CA58 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 judicia, 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 cute 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. ARGIIImsNT FOR R8A338SSMPsN'F OF DAMAGES 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 is a sum certain or which can be made certain by computation... " In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. 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 Mortgaqe Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super 1988). In Chase Home Mortgaqe, 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 submits that if Plaintiff went to sale without reassessing damages, and 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. CONCLIISION 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. WNEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. FE AND PH ELAN, LLP. D ~ ` V _ DANIEL G. SCHC22EG, ESQUIRE ATTORNEY FOR PLAINTIFF K~ C.:i :~~ rJ ~ i %811 FEDERAL NhTIONe~~T A70ATGAC;E ASSOC?;ATION vs. JOSEPH JEFB'ERSON and. •AOSIE JEFFERSON, his wife --'~ ~r C.CUR? Ur COMMOIJ PL1iT5 PNILP.DL•'LP11IA COUtJ'fY CIVIL TRZAL DIVISION !•tAY ?ERM,' 1482 i.,•. • .n). ~ N0. i359 ORDER AND 07?ItJION iv?iITE, S. AND NOW , this ~' ~ day of r~ ~ , I f~F7o , upon consideration o' Plaintiff, Federal National i9ortGage Association's Petitl0n for Reconsideration Piunc Pro Tunc CL tais Court's Order o: November 7, 15A5 and the Answer thr,r~to op Defendants, Josen!-, Jefferson and Aosi_ Jefferson, it is hereby•ORDERED and DECREED as'foliows:I ?} Said ?~ rx:~?on is GRANTED; C~ .~,- ,- ,- , 1?f35 it 2)-a~~,{f•.'~'sr~~., t s 0_de_ of Mo~ember 7, REVERSED and izintifE:.a Motio~afor Reassessment. of Damages is ~? ` ~jSL' GAILNTED; 't' a , .~~°~. c~, " ~ , . 3) Ju'~tznt is hcrclsy incrca,:_d to S5, 147•.71. ' IIecause P1~intiff wzs required to accept currant mortgage pzyments unori the filing oz ,Defendants' banlrupt~:y petition and in fact did so, it is necessary to ruass,>ss the arount of damages that initially were assessed after judgment by default was~entercd i~ this action. ,Because Dependants have not refuted the specific amcunts claimed 1 ~ •~ ,, . 3y Plaintiff in the ir.stznt Motion for Reassessmcrt, tf~is Court finds that Defendants have admitted these amounts „ pursuant to Pa_ R.C.P. 1029(c). . HY TA.= COURT: A. WHITE, 3'. ~I ,' 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 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. X4904 relating to unsworn falsification to authorities. DATE: October 24, 2002 ~ ,/~/\(~'/"- Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDSRMAN AND PHSLAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. vs. GORDON E. SHERIFF NANCY L. SHERIFF ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEA5 CIVIL DIVISION NO. 01-4660 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 October 24, 2002. GORDON 8. SHERIFF NANCY L. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 DATE: October 24, 2002 -,, Daniel G. Schmieg, Esquire Attorney for Plaintiff .~, , n ;-; r~ _ ~ ;~ -~ -~= , ,-, ~ t. ~'•} -,,>r T J r. ) -ii _' _ \~ '-E~S1 ~ __ .a `. -, \S} ~ti [ ~'+ v .. _ .. _ _ ._ . a~s+m+ ~ ~~_ .w~esaw-=,ra~ssag-sa.~t~_-s~a~~~~m __ i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: COUNTRYWIDE HOME LOANS, INC. ) CIVIL ACTION vs. GORDON E. SHERIFF ) CIVIL DIVISION NANCY L. SHERIFF ) NO. 01-4660 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for COUNTRYWIDE HOME LOANS, INC. hereby verify that on 8/1/02 & 817/02 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 8/1/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: November 11.2002 ~_ FRANK FEDERMAN, ESQUIRE ----~1 Attorney for Plaintiff Q;r191 Q~ J r ~n A ~\SJ~ ~? o~ °v ~Q ~~ ao~'a a •~'+ ~ 0 `~ ~ ~ v ~~o~ ~~~o ~ ~~ z ~~a 5 ,C R. Uw^~ W P. "' v Q ~~~ w~ °a b ~ Vi b ~ d zao ~ ~° v ~ pp W ~ P ~ ~' V ~ O ~ T ~ ~ €© 3QO~di2 WOk~ 03lINW '~ p •~'avUi Z ~ L O `J rv tl£QO£b600 . °c ~ c ~O ® A -YQ ~ NL ZO .. _ p ~3 v~ 31N 53MpH A3Nib ~ p ~ ~ ~ ° y ~ F ~ ~ ~ aggg Q 16 ~b Q ro ~.a ._ ~dS 31d ~ ~ w K o ~ ,~ '= °~ ~ a ~' ~ e c~ H F H Fy ~ V] 5~v 5 H °O E W AxE~ aw.~ K ~'°~ A g . ay~am $ ~ vw '~ Q ~ ~ `~ m ~ v or"~ N [y ,. `"ga ~ _ . 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Retum Receipt Fee i - - Restricted Delivery -- ~ Total Postage & Fees - CNT 1 ~ US Postal Service ! MART G~ Receipt for ~p~ ~ Certified Mail ~ ~ ~ S A$ \ j No Insurance Coverage Provided ~..,,~ I Do Not Use for Intemational Maa j 7160 3901 984N 9260 02?0 I Toy GORDON E. SHERIFF ~ 575 GRAHAM WOODS ROAD ! CARLISLE, PA 17013 SENDER: ICMD ', REFERENCE: SALES ! PS Fonn 3000 June 2000 ~ RETURN P4sta9e ! j RECEIPT Certified Fee I SERVICE i Return Receipt Fee ~- 1-~ Restricted Delivery ~ 7otal Postage 8 Fees ~ N u US Postal Service P ~ Receipt for r~~ 9 C~ ~ V j .Certified Maii ?opt j G3' '~a No Insumnce Coverage Provided Do Not Use for International Mail i64 `~~ ZO ~. s , ~_.-, ,:, rr ~i:i "? ++'..~_ t s: A -tq°~i:. ?'u!r ~f'It~!`u3.eT3tE!~?#}$ +: ENTITY -- VENDOR FAP Prothy of Cumberland County [PLUMB] CHECK_DATE CHECK NO. 10/24/2002 233103 DOC -APPLY VENDOR VENDOR NO TO DATE CREDIT NO INVOICE NO DOC AMOUNT DISCOUNT PAYMENT AMOUNT 233103 293117 10/29/2002 50333 9.00 0.00 9.00 CORDON #5650323 FEDERMAN &PHELAN nrrnonicv ccron~m nnnni inm 9.00 ONE PENN CENTER, SUITE 1400 - ~ ~bLU,A, DELP,~I~]~4, PA,,1~9~~3gi181,4 -_ ~. FEDERMAN &PHELAN ATTORNEY ESCROW ACCOUNT _ ONE PENN CENTER, SUITE 1400 PHILADELPHIA, PA '19103-1814 __ 1'eY NINE AND 00/100 DOLLARS - _ "-___ 7o The Prothy of Cumberland County Order - Cumberland County Courthouse Of ~ One Courthous e. Square.. _ Carlisle, PA 17013 - - -_---- COMMERCE BANK 3-1801360 CHECK NO PHII.AOELPH~A, PA 19148 . _ 2 3 310 3 cwn ~o wzuoa DATE AMOUNT 10/24/2002 ***********9.00 Voia after 90 nays -- I 11°23310311° ~:0 3 600 1808~: 36 150866 611• FEDERMAN AND 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 COUNTRYWIDB HOME LOANS, INC. vs. GORDON E. SHERIFF NANCY L. SHERIFF ATTORNEY FOR PLAINTIFF CUMEERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0. 01-4660 GRATIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of December 4, 2002 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on November 14, 2002. GORDON 8. SHERIFF NANCY L. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 Date: November 14, 2002 Daniel G. Schmieg, Esquire Attorney for Plaintiff C~) r..~ w 7 r r-a C> -;= ~, =~:i i.;;~' -... -- r. ,. 'xaf~m"m~inxir~.sais-"®f~?9xti e'39Rw~aw r~.rzz ~. ,,.~ .r ..:r:-., ...,:; v~. .y~+'~;~~ex~g,.~s;s~s?~ ' 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 Countrywide Home Loans Inc is the grantee the same having been sold to said grantee on the 4th day of Dec A.D., 2002, under and by virtue of a writ Execution issued on the 2nd day of AuQUSt, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 4660, at the suit of Countrywide Homes Loans Inc against Gordon E Sheriff & Nancy L is duly recorded in Sheriff s Deed Book No. 255, Page 341. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this a3~ ~ day of G~,P~r/ , A.D. 2002 of Deeds Recorder of Deede, Cumberland Oounryty~ Cerllel~, pp MY eernnll6$1(ttl 6zpif68 tha Fist Monday of Jen. 200a Countrywide Home Loans, Inc. In The Court of Common Pleas of VS Cumberland County, Pennsylvania Gordon E. Sheriff and Nancy L. Sheriff Writ No. 2001-4660 Civil Term Brian Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 12, 2002 at 9:17 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Gordon E. Sheriff, by making known unto Gordon Sheriff, at 575 Grahams Woods Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on September 12, 2002 at 8:43 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Nancy L. Sheriff, by making known unto Nancy Sheriff, at 54 West Big Spring Ave., Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on October 2, 2002 at 12:40 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Gordon E. Sheriff and Nancy L. Sheriff located at 575 Grahams Woods Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Gordon E. Sheriff, by regular mail to his last known address of 575 Grahams Woods Road, Carlisle, PA 17013. This letter was mailed under the date of October 1, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Nancy L. Sheriff, by regular mail to her last known address of 54 W. Big Spring Ave., Newville, PA 17241. This letter was mailed under the date of October 1, 2002 and never returned to the Sheriff's 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, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 4, 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Countrywide Home Loans, Inc. It being the highest bid and best price received for the same, Countrywide Home Loans, Inc. of 7105 Corporate Drive, PTX-B35, Plano, TX 75024, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $791.80, it being costs. Sheriffs Costs Docketing 30.00 Poundage 15.53 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 19.32 Certified Mail 5.10 Levy 15.00 Surcharge 30.00 Law Journal 284.00 Patriot News 232.15 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $791.80 Sworn and Subscribed to Before Me ~~ ~~~~~, This 3,~,c. Dayof ,R. Thomas Kline, Sheriff 200,3, A.D. ~ , _ ro onotary B~ Real Estate Deputy Q^^/'~ ~~,~, 3 ° ~ ~"" ~~ l'~3a1Sa-, (~„ /3~aa~ COUNTRYWH)E HOME LOANS, INC. v. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS GORDON E. SHERIFF NANCY L. SHERIFF CIVIL DIVISION NO.Ol-4660 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC., Plaintiff in the above action, by its attorney, FRANK FEDEI2MAN, 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 X575 GRAHAM WOODS ROAD, CARLISLE, PA 17013 . 1. Name and address of Owner(s) or reputed Owner(s): Name GORDON E. SHERIFF NANCY L. SHERIFF Last Known Address (if address cannot be reasonably ascertained, please indicate) 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last lrnown address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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) GREEN TREE CONSUMER DISCOUNT 3401 HARTZDALE DRIVE, SUITE 118 COMPANY CAMP HILL, PA 17011 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 maybe affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has lrnowledge who has any interest in the property which maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal lrnowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July 31, 2002 DATE FRANK F DERMAN, ESQUIRE Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, - v. No. 01-4660 GORDON E. SHERIFF NANCY L. SHERIFF Defendant(s). July 30, 2002 TO: GORDON E. SHERIFF NANCY L. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. * * Your house (real estate) at 575 GRAHAM WOODS ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on 12/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $117,792.49 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement wil] be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN TRACT OF LAND SITUATE I7V UPPER F,RANKFORB.TOWNSHIP;GUMBERLAND OUNTY, PENNSYLVANIA, BEING DESCRIBED AS LOT NO: 7 OF THE HOBBYHORSE ACRES SUBD.IVIS{ON- ` REPARED BY.DOUGLASSrBREHM, R.S: DATEBJULY 23.1989, AND REGORDEBIN'CUIVIBERLAND NTY LAN BOOK 60, PAGE 20 AND-,MORE FULLY BOUNDED AiVD DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN DEDICATED"RIGHT OF WAY LINE OF 50 FOOT WIDE RAHAMS WOOD ROAD (T-448) ATTHE DIVIDING LINE BETWEEN LOTS7 AND 11'ON THE ABOVE- IENTIONEDSUBDIVISION PLAN; THENCE ALONG SAID DIVIDING LINE NORTH SS DEGREES 37 MINUTES 1 ECONDS EAST 166.15 FEET TO A POINT; THENCE ALONG SAME SOUTH.62 DEGREES 58 MINUTES OS S NDS AST 115.00 FEET TO A POINT; THENCE ALONG SAME SOUTH 12 DEGREES 49 MINUTES 09 SECONDS WEST 62.26 FEET TO A POINT; THENCE ALONG THE DIVIDING LWE BETWEEN LOTS 7 AND 8 ON SAtD PLAN NORTH S DEGREES 23 MINUTES 33 SECONDS WEST 256.94 FEET TO A POINT ON THE EASTERN DEDICATED RIGHT iF WAY OF GRAHAMS WOODS ROAD; THENCE ALONG RIGHT OF WAY LINE BY A CURVE TO THE LEFT VITH A RADIUS OF 983.93 FEET TO ARC DISTANCE OF 119.19 FEET TO A POINT, THE PLACE OF BEGINNING. Property Address: 575 Graham Woods Road, Carlisle, PA 17013 TAX 1. D. # 43-OS-0419-031 Vesting Information: Vested by Warranty Deed, dated 9/30/96, given by Russell R. Wilson, II and Pa[t R. Schreffler Wilson, husband and wife to Gordon E. Sheriff and Nancy L. Sheriff, husband and wife and recorded 10/1!96 in Liber Book: 146 Page: 943 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-4660 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From GORDON E. SHERIFF AND NANCY L. SHERIFF, 575 GRAAAM WOODS ROAD, CARLISLE, PA 17013 (1) You are duetted to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also duetted to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are duetted to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 117,792.49 L.L. Interest FROM 9/11/01 TO 12/4/02 (PER DIEM - $1936) - $8,712.00 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $768.86 Other Costs Plaintiff Paid Date: AUGUST 2, 2002 CURTIS R. LONG Prothono~ ~y~ (Seal) ~By: !O//SLo / ~/~/1 Sti Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN R. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale # 10 On August 9, 2002 the sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA known and numbered as 575 Grahams Woods Road, Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 9, 2002 i ~_ ` , ~ By:v a V~'1 Real Esta Deputy ,~, ~~.~ ~, ,''V' ,:, ru _ .. RM9a.~xkii~°~~.-wa~~s~t:.n~n~~snrm+ma~rtscsr€re~n+~m~m.n u.,~~~r. .v",~ „» .sqr~ o- :-ra4ua rc.s ~Ya«. . ~ z ~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 567, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epley 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 Pennsylvan(a, owner and publisher of The Patriot-News and The Sd3nday 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 22nd and 29th day(s) of October and the 5th day(s) of November 2002. That neither he nor said Company is interested in the subject matter of said printed notice-or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ... ,.~~..~ ................................................. COPY Sworn to and subscribed before is 14th day f Nov er 2002 A.D. SALE #10 Notarial Seal -- - - - Terty L. Russell, Notary PutNlc REAL ESTATE SALE No.-ta - --~ Gty OF tiartisburg, Dauphin County ~Wrlt No. 2001-4660 My Commission ExpiresJtme 6, 2006 NOTAFIY PUBLIC Civil Term Countrywide Home Member, Pennsylvania Association OF NOtanes My commission expires June 6, 2006 - - _ _.. Loans, Inc. vs - -Gordon E. Sheriff and CUMBERLAND COUNTY SHERIFFS OFFICE - Nancy L. Sheriff GUMBERLAND COUNTYCOURTHOUSE - _ Atty: Frank Federman DFSC1uPrfoN CARLISLE, PA. 17013 ALL-T1~AT CERTAIN vact of land situate m Upper Frankford Township, Cumberland County, ^ - Pennsyhznia,being described as LmNo.7ofthe Statement Of Advertising Co$f$ - ~iohbyti6tx Acres- subdivision prepared by Deuglas~S.Brehm, RS. datedluly 23.1989, and To THE PATRIOT-NEWS CO., Dr. aEOrded N cnmbeaana coanry Plan Hook fio, For publishing the notice or publication attached -- Page 20 and.more fully bounded and described as fouows: hereto on the above stated dates $ 230.40 - BEGA'NING at a point on the eastem dedicated Probating same Notary Fee(s) $ 1.75 --_..ught of way line of 50 foot wide Grahams Wood Road (T-048) at the dividing line between Cats 7 Total $ 232.1 5 =and I l_2o-the above mentioned subdivision plan; - thence along said dividing line North 88 degrees '37 mihu'•e_s 4i seconds East 166.46 feet to aQoint; publisher's Recei t for ABVertiSln Cost °them along same SouW 62 degrees 58 mmoles p 9 _os_ae~naa Eastf1s.00 feet to a point; thence publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general -along same south 12 degrees 49 minutes 09 recei t of the aforesaid notice and ublication costs and certifies that the same have - seconds Wes[ 182.26 feet b a point; [hence along ' p p die dividing line between Lots 7 and 8 on said ~fp an NoNi 65 decrees 23 minutes 33 sannds West 756.94 feet to a point on dte eastem medicated right of way o(Gmhams Woods Raad; . By .................................................................... -_-dience along right of way Line by a tune to the _ lettwitha radius of 983.93 feel to arc dismnce of 119.19 Feet to a pom4 Ste place ofbeginning. PROPERT4' ADDRESS: 515 Gtaham Woods RUSSeI] R Wilson, II znd Patt R. Sc}veQler Wilsov, ~stiand and wife to Gordon E. Sheriff and Nancy L. ShenR, husband and wife and recorded 10/INfi in Liber Hook: 146 Page: , 943 , 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. Roger M. Morgenthal, 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, vix: OCTOBER 25, NOVEMBER 1, 8, 2002 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. Ro er M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of NOVEMBER. 2002_ LOTS E. 8~1's'OEFE, I~o~ry+ Publ~ I h 5~ REAL ESTATE SALE NO. 10 Writ No. 2001-4660 Civil Countrywide Home Loans. Ine. vs. Gordon E. Sheriff and Nancy L. Sheriff Atty.: Frank Federman ALL THAT CERTAIN tract of land situate in Upper Frankford Town- ship, Cumberland County, Pennsyl- vania, being described as Lot No. 7 of the Hobbyhorse Acres Subdivision prepared by Douglas S. Brehm. R.S. dated July 23, 1989, and recorded in Cumberland County Plan Book 60, Page 20 and more fully bounded and described as follows: flEGINNING at a point on the eastern dedicated right of way line of 50 foot wide Grahams Wood Road (T-448) at the dividing line between Lots 7 and 11 on the above-men- tioned subdivision plan; thence along said dividing line North SS degrees 37 minutes 45 seconds East 166.45 feet to a point: thence along same South 62 degrees 58 minutes 05 seconds East 115.00 feet to a point; thence along same South 12 degrees 49 minutes 09 seconds West 182.26 feet to a point; thence along the dividing line between Lots 7 and 8 on said Plan North 65 de- grees 23 minutes 33 seconds West 256.94 feet to a point on the east- ern dedicated right of way of Grahams Woods Road; thence along right of way line by a curve to the left with a radius of 983.93 feet to arc distance of, 119. 19 feet to a point, the place of beginning. Property Address: 575 Graham Woods Road, Carlisle, PA 17013. Tax LD. #43-D5-0419-031. Vesting Information: Vested by Warranty Deed, dated 9/30/96, given by Russell R. Wil- son, II and Patt R. Schreffler Wil- son, husband and wife to Gordon E. Sheriff and Nancy L. Sheriff, husband and wife and recorded 1D/ 1/96 in Liber Book: 146~Page: 943.