HomeMy WebLinkAbout99-00945
COLUMBIA NATIONAL,
INCORPORATED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS.
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., CI.L'il
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NO.
THOMAS G. GILBERT AND HEIDI
L. GILBERT
CIVIL ACTION - LAW -
IN MORTGAGE FORECLOSURE
Defendants
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING
TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION
OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF
COLLECTING THE DEBT.
NOT ICE
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 the
Complaint and notice are served, by entering a written appearance personally or by
attorney and filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the Court without
further notice for any money claimed in the Complaint or for any other claim or
relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
Cumberland County. Bar Association
2 Liberty Ave., Carlisle, PA 17013
717-249-3166
Legal Services, Inc.
S Irvine Row, Carlisle, PA 17013
717-243-9400
A V ISO
LE ID<N DEMANDADO A US TED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS
PERESENTADAS, ES ABSOLOTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS
DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE
USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE
USTED Y CUALQUIER OBJECCION CONTRA LAS QUE,JAS EN ESTA DEMANDA.
RECUERDE: S I USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL
PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A
FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA
DEMANDA. POR RAZON DE ESA DECISION. ES POSSIBLE QUE USTED PUEDA PERDER DINERO.
PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE.
SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE
REFERENCIA DE ABOGADOS), 215-238-6300.
Cumberland County Bar Association
2 Liberty Ave., Carlisle, PA 17013
717-249-3166
Legal Services, Inc.
S Irvine Row, Carlisle, PA 17013
717-243-9400
.-...'
03017440
NOTE
May 31, 1996
[Dalel
Camp Hill
PA
[S..,e1
[Ci!)'1
32 Millers Gap Rd.
Enola, PA 17025
[Propeny Addressl
1. BORROWER'S PROMISE TO PAY
In relum fora loan thaI [have received, I promise 10 pay V,S. $ 123,400,00
'principal'), plus interest, to the order of the Lender, The Lender;s Columbia National
(this amount is called
Incorporated
I undersland
thaI the !..cnder may transfer lhis Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive
payments under this Note is called the 'Nole Holder,'
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. [ will pay interest at a yearly
rate of 8.875 %.
The imerest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)
of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making paymenls every month.
[will make my monthly payments on the 1st day of each month beginning on July 1 ,
1996 . \ will make these payments every month until I have paid all of the principal and interest and any other charges
described below that I may owe under this Note, My montc.ly payments will be applied to interest before principal, [f, on
June 1, 2026 . I still owe amounts under this Note, I will pay those amounts in full on that date,
which is called the 'Maturity Dale.'
I will make my monthly payments at P.O. Box 3050, Columbia. MD 21045-6050
or at a different place if required by the Note Holder,
(8) Amount of Monthly Payments
My monthly payment will be in the aruOl:nt of U.S. $ 981. 83
4. BORROWER'S RIGID TO PREPAY
I have the right to make payments of principal at any time before they are due, A payment of principal only is known as a
'prepayment.' When I make a prepayment, [ will tell the NOle Holder in writing that I am doing so.
I may make a full prepayment or panial prepayments without paying any prepayment charge, The Note Holder will use all
of my prepayments to reduce the arnount of principal that I owe under this Note. If I make a panial prepayment, there will be
no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes.
S. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or
other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (I) any such loan
charge shali be reduced by the amount necessary 10 reduce the charge to the pennitted limit; and (il) any sums already collected
from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by
reducing the principal I owe under this NOle or by making a direct payment to me. [f a refund reduces principal. the reduction
wil; oe treated as a panial prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If Ihe Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after
the date it is due, [will pay a late charge to the NOle Holder, The amount of the charge will be 5.000 % of
my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B) Default
[f I do not pay Ihe full amount of each momhly payment on the date it is due, I will be in default.
MUlTISTATE FIXED RATE NOTE. Single Family. FNMA/FHlMC Uniform Instrument
__ .5R 191051.03 Fo,m 3200 12/83 t:::VI 'l .t il(-) "
~ Am.nded 5/91 "-F'-' 1 \ ) I
VMP MORTGAGE FORMS '1800.1.~~~.7_~~1 ~;
p~".1 nf' " .' 1nItf.~.6::-; f..I.UJ~
1111111111111111111111111111111.1111
(C) Notice of Dcfault
,If I am in default. Ihe NOle Holder may send me a wrilten nOllce lelling me Ihal if I do nol pay Ihe overdue amoulll by a
cen~1n dale, Ihe Note Holder may requirc me to pay immediately the full amoUIll of principal 'vhich has not been paid and all
Ihe IIlterest Ihal I owe on thai amoulll. Thai dale musl be at leasl 30 days arter the dale on which the nOlice is delivered or
mailed 10 me,
(D) No Waiver by Note Holder
Even if. al a time when I am in default, Ihe NOle Holder docs nol require me 10 pay immedialely in full as described
above, Ihe NOle Holder will slill have Ihe right to do so if I am in default al a laler lime,
(E) Payment of Nole Holder's Costs and Expenses
If Ihe NOle Holder has required me to pay immediately in full as describcd above. Ihe Note Holder will have Ihe righllo
be paid back by me for all of ils costs and expenses in enforcing Ihis NOle to the ex lent nol prohibited by applicable law, Those
expenses include, for example, reasonable a[lorneys' fees,
7. GIVING OF NOTICES
Unless applicable law requires a different melhod, any no lice Ihal must be given to me under this NOle will be given by
delivering it or by mailing it by first class mail 10 me at the Propeny Address above or al a differelll address if I give the NOle
Holder a nOlice of my differelll address.
Any nOlice thai must be given to the NOle Holder under this NOle will be given by mailing it by first class mail 10 the
NOle Holder at the address slated in Section 3(A) above or at a differelll address if I am given a nOlice of that different address.
8, OBLIGATIONS OF PERSONS UNDER nus NOTE
If more than one person signs this NOle, each person is fully and personally obligaled to keep all of the promises made in
this Note, including the promise 10 pay the full amount owed, Any person who is a guarantor, surety or endorser of this NOle is
also obligated to do these Ihings, Any person who takes over these obligalions, including Ihe obligations of a guarantor, surely
or endorser of this NOle, is also obligated to keep all of Ihe promises made in Ihis Note, The Note Holder may enforce its
rights under Ihis NOle againsl each person individually or against all of us together, This means that anyone of us may be
required to pay all of Ihe amOUllls owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of preselllment and notice of dishonor.
"Presentment" means the right to require the NOle Holder to d~mand payment of amOlll1lS due, "Notice of dishonor" means the
right 10 require the Note Holder 10 give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This NOle is a unifonn instrumelll with limited varialions in some jurisdictions. In addition 10 the protections given 10 the
Note Holder under Ihis NOle, a Mongage, Deed of Trust or SecurilY Deed (the "Security Instrument"), dated the same dale as
this Note, protecls the NOle Holder from possible losses which might result if I do not keep the promises which i make in this
Note, That Security Instrument describes how and under what conditions I may be required 10 make immediate payment in full
of all amoullls I owe under this Note. Some of those conditions are described as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any pan of the Propeny or any
illlerest in it is sold or Iransferred (or if a beneficial interest in Borrower is sold or Iransferred and Borrower is
nOI a natural person), without Lender's prior written consent, Lender may, at its option, require immediale
paymelll in full of all sums secured by this SecurilY Instrumelll. However. Ihis 0plion shall not be exercised
by Lender if exercise is prohibited by federal law as of Ihe date of this Securily Instrument.
If Lender exercises Ihis option, Lender shall give Borrower nOlice of acceleralion. The notice shall
provide a period of not less than 30 days from Ihe date the notice is delivered or mailed within which
Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay these sums prior to
the expiration of this period, Lender may invoke any remedies permi[led by this Security Instrumelll without
funher nOlice or demand on Borrower,
WITNE?E HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
~4 ~~/_/ (Seal) di4JY~~;W
Thomas G .~ .Borrower Heidi L. Gilbert
SSN: 568-13-9793 SSN: 164-54-4472
(Seal)
-Borrower
t~t''o''~\li I)'~'" "I'r"l ~'" ORnER Cl"
SSN:
-.--.......-
(Seal)
-Borrower
[Sign Original Only]
"A'~~ll.. r;UTcR
A5S i. Ti'lEASURER
.m", . _, __--"
cD., -SR 191051.03
Paql!2012
Form 3200 12/83
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COLUMBIA NATIONAL,
INCORPORATED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 99-945 CIVIL TERM
THOMAS G. GILBERT AND HEIDI
L. GIBLERT
CIVIL ACTION - LAW -
IN MORTGAGE FORECLOSURE
Defendants
NOTICE OF ENTRY OF JUDGMENT
TO THE ABOVE-NAMED DEFENDANTS:
You
following
captioned
on ,-LA )r //(, 19'i{- the
against you in th above-
are hereby notified that
judgment has been entered
matter:
$133,220.56 and for the sale and foreclosure of your property
located at: 32 Millers Gap Road, Enola, PA 17025
Dated: \.. )U... w IS" (qC; 'I
,
~ ,tJe!oRoiif~
Attorney for Plaintiff:
Leon P. Haller
1719 North Front Street
Harrisburg, PA 17102
Phone: (717) 234-4l78
I hereby certify that the following person(s) and their respective
addresses are the proper i.ndividuals to receive this Notice
pursuant to PA R.C.P. No. 236:
Thomas G. Gilbert
32 Millers Gap Road
Enola, PA 17025
Heidi L. Gilbert
32 Millers Gap Road
Enola, PA 17025
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A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to
receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for example, to ba.nks that hold mortgages
and municipalities that are owed taxes) will be filed by the
Sheriff of this County thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained
from the Sheriff of the Court of Common Pleas of the within County
at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being
taken away. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Phone (717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
the within County to open the judgment if you have a meritorious
defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if
you are aware of a legal defect in the obligation or the procedure
used against you.
2. After the Sheriff's Sale you may file a petition with the
Court of Common Pleas of the within County to set aside the sale
for a grossly inadequate price or for other proper cause. This
petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
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A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to
receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for example, to banks that hold mortgages
and municipalities that are owed taxes) will be filed by the
Sheriff of this County thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained
from the Sheriff of the Court of Common Pleas of the within County
at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being
taken away. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Phone (717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
the within County to open the judgment if you have a meritorious
defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if
you are aware of a legal defect in the obligation or the procedure
used against you.
2. After the Sheriff's Sale you may file a petition with the
Court of Common Pleas of the within County to set aside the sale
for a grossly inadequate price or for other proper cause. This
petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
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Columbia Nationallncorporatcd
-vs-
Thomas G. Gilbcrt and Heidi L. Gilbert
In thc Court OfCOnll110n Plea of
Cumberland County, Pennsylvania
No. 99-945 Civil
Dawn L.Kell, Deputy Sheriff, who being duly sworn according to law, says on July 12,
1999 at 2:23 o'clock P,M. EDST, she postcd a true copy of Real Estate Writ Notice
Poster and Description, in the above entitled action upon thc property of Thomas G.
Gilbert and Heidi locatcd at 32 Millers Gap Road, Enola, Cumberland County,
Pennsylvania, according to law,
Kathy J, Clarke, Deputy Sheriff, who being duly sworn according to law, says on July
20, 1999 at 8:20 o'clock P,M. EDST, she served a true copy of Real Estate Writ Notice
Poster and Description, in the above entitled action upon onc of the within named
defendants to wit: Thomas G. Gilbert, by making known unto Heidi Gilbert, wife at 32
Millers Gap Road, Enol a, Cumberland County, Pennsylvania, its contents and at the same
time handing to her personally the said true and attested copies of the same,
Kathy J Clarke, Deputy Sheriff, who being duly sworn according to law, says on July
20, 1999 at 8:20 o'clock P.M. EDST, she served a true copy of Real Estate Writ Notice
Poster and Description in the above entitled action upon one of the within named
defendants to wit: Heidi L. Gilbert by making known unto Heidi Gilbert at 32 Millers
Gap Road, Enola, Cumberland County, Pennsylvania, it contents and at the same time
handing to her personally the said true and attested copies of the same.
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: Thomas G. Gilbert by regular mail to his last known address 32 Millers
Gap Road, Enola, Pennsylvania. This letter was mailed under the date ofJuly 21, 1999
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 a mailed a notice of the pendency of the action to one of the within named
defendants to wit: Heidi Gilbert by regular mail to her last known address 32 Millers Gap
Road, Enola, Pennsylvania. This letter was mailed under the date of July 21, 1999 and
never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says after due and
legal notice had been given according to law, exposed the within described premises at
public venue or out cry at Court House, Carlisle Cumberland County, Pennsylvania on
December 8, 1999 and sold the same for the sum of $ 1.00 to Attorney Leon P Haller for
Federal National Mortgage Association, It being the highest bid and best price quoted for
the same Federal National Mortgage Association of 1900 Market Street, Philadelphia, P A
being the buyer in this execution paid to SheriffR, Thomas Kline the sum of $864.28 it
being costs.
..
"
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No, 537. ADoroued MaU 16. 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Michael Morrow bei.ng duly sworn accordi.ng to law, deposes and says:
That he Is the Assistant Controlier 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 10 818 Markel Street, in
the City of Harrisburg, County 01 Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT-NEWS and
THE SUNDAY PATRIOT.NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street,
In the City, County and State aforesaid; that THE PATRIOT.NEWS and THE SUNDAY PATRIOT-NEWS were established
March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday and Melro editions/issues which appeared on the 27th day(s) of July and the 3rd
and 10th day(s) of August 1999. That neither he nor sold 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 director of the said Company and subsequently duiy recorded in
the office for the Recording of Deeds in and for said Coun of Daup.~in in Miscellaneous Book "Moo,
Voiume 14, Page 317. I , / ~
PUBLICATION lJ
COpy Nom is 23rd d
S ALE #39
CUMBERlAND COUNTY SHERIFFS OFFICE
COURTHOUSE
CARliSLE, PAc 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr,
For publishing the notice or publication attached
hereto on the above stated dates $
Probating same Notary Fee(s) $
~~ $
320,82
1.50
322,32
Publisher's Receipt for Advertising Cost
THE PATRIOT-NEWS CO., publisher of THE PATRIOT.NEWS and THE SUNDAY PATRIOT.NEWS, newspapers of general
clrculatitJn, hereby acknowledge receipt of the aforasaid notice and publication costs and certifies that the same have
been duly paid, THE PATRIOT-NEWS CO,
By.,...,..."..."".......,......"...",....,...,."...,.",.....,..
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to
receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for example, to banks that hold mortgages
and municipalities that are owed taxes) will be filed by the
Sheriff of this County thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained
from the Sheriff of the Court of Common Pleas of the within County
at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being
taken away. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
phone (717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common pleas of
the within County to open the judgment if you have a meritorious
defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if
you are aware of a legal defect in the obligation or the procedure
used against you.
2. After the Sheriff's Sale you may file a petition with the
Court of Common Pleas of the within County to set aside the sale
for a grossly inadequate price or for other proper cause. This
petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.