The URL can be used to link to this page

Home My WebLink About99-02446 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC. Plaintiff vs. CIVIL DIVISION No. 99-2446 CIVIL THOMAS B. PRINDLE Defendants AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY ss: I, FRANK FEDERMAN, ESQ., attorney for COUNTRYWIDE HOME LOANS. INC., hereby verify that on JULY 13. 1999, true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded lienholder(s), and any known interested party, see Exhibit "An attached hereto, and the Notice of Sale was sent to defendant(s} on JULY 13. 1999 by first class mail and certified mail return receipt requested, see Exhibit nB" attached hereto. Date: November 8. 1999 !, >- en -- rr; (,'-. r:: ~' 1-' , lJ.Jr~ '" {.).,. u:~,. {~. 'L.\ 1 C)c- . 2:,'. ('.,1 u_lo r.--'l "', c) , '.'- ~~.: -- tJ.. r;-. ] 0 0'\ U '.- :>- tr; -" ~ .; "J. , ~.~ N - ~ " , , ) , . i l.._ ., ;;-.1 (jJ( ") ':>1 ~ (.t\, " . ~ '_L: '" . ,. ,- ~I ~ I..:... C.. l:Jw "_I; O. Cl => '- 0 en (,) ~ ~ V>~. ~~\~ .Aj ~~ ~\l --4- :;j0j~ , <;J I"- ~ <;S- f' c.n""" ~'"O ~ c.fllc:J ,...."l?-:._ ~ .-J-~o(Uro ~~~tD:O ~c.?_~ g~ t,;-g..? 'Z ~~.(") ~ o~ <t' .....,. to;:) -O;?. ~Cl 0:>>", ~:o "'0 f..D Pi' :ern -'N "GO' r- I ~ C514Q OC8WZ1U rn... D~~.;:: :Jut.....l..'..IYI_~~,~JyJS,l'V . 6. The following amounts are due on the mortgage: Principal Balance Interest 11/1/98 through 4/1/99 (Per Diem $11.86) Attorney's Fees Cumulative Late Charges 11/25/97 to 4/1/99 Cost of Suit and Title Search $66,605.70 1,814.58 3,330.00 88.83 550.00 Subtotal 72,389.11 Escrow Credit Deficit 201. 35 0.00 Subtotal (201.351 TOTAL $72,197.76 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and \1i11 be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. S 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof~ otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, PLAINTIFF demands an in ~ Judgment against the Defendant(s) in the sum of $72,187.76, together with interest from 4/1/99 at the rate of $11.86 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. ~o...J::.'~ --Is/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff VERXPICATION ELIZABETH BLUE hereby state" that he/she is ASSISTANT VICE-PRESIDENT of COUNTRYWIDE HOME LOANS aortgage servicing agent for Plaintiff in tbis matter, tbat be/sbe i. authorized to take this Verification, and that the statements made in tbe foregoing civil Action in Mortgage ForeClosure are true alld correct to the best of his/her knowledge, information and balief. Tbe undersigned understands that this statement is m~de subject to the penalties of 16 Pa. 'C.S. .Sec. 4904 relating to UIl~worn falsification to DATB: -1'- /-1-77 ',.; COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET St, YORK, PA 17401 INSTRUCTIONS PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. ' 1. PLAINTIFF/51 2. COUAT NUMBER Countrywide Home Loans n - . ~__h" J;lb....__, .he ~~ 99-2446 Civil 3. DEFENDANTISI 4. n'PE OF WRIT OR COMPLAINT Thomas B. Pri.nd1e Not. & Com. Mort Fore SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLD. . Thomas B. Prindle 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BORD, TWP., STATE AND ZIP CODE AT 31 Old Mill Road, Di11sburg, PA 17019 7. INDICATE SERVICE: 0 PERSONAL 0 PERSON IN CHARGE DEPUTIZE 1 0 1ST CLASS MAil NOW 5 / 3 /99 19 I, SHERIFF OF ~COUpl~~.o hereby de York COUNTYtoexe ~re to law. This deputation beIng made at the request and risk of the plolnUII. . , 8. SPECIAL INSTRUCTlONS OR OTHER INFORMATION THAT WILL ASSIST IN EX.PEOlnNG SERVICE: ~nibe r land N ~ 0,\...10+- ~'Y\()r'<?- IN.v>H'\ 1="NY~A,?~' ~ l.D -0 = SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN (/; rn I.m OC) ..,,~ (1)< -r en ;:;;0 :;0 ..." ~ --Ii ADVAN::E FEE PO BY CUMBERI.J\ND a:JUNTY SHERIFF ,'.' .- . (.J:l "" NOTE ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy shariff levying upon or attaching any property under within writ may leave same wlIhout a watchman, in CUStody 01 whomever Is round In possession, after noUfying person olle\'Y or attachment, without liability on the part 01 such deputy or the sherif! to any pIaInUtf herein for any loss. destruction, or removal of any property before sheriff's sale thereof. 9. TYPE HA",e AND ADDRESS of AITORNEY/ORIGINATOR and SIGNATURE FranK Federman, Esq. Two Penn Center Plaza Ste 900, Phi1ade1 hia, PA 19102 215-563-7000 12. SEND NonCE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area mUlt be completed If notice 18 to be mailed). 10. TELEPHONE NUMBER 1loOATE 4/23/99 Cumberland County Sheriff SPACE BELOW FOR USE OF THE SHERIFF ONLY. DO NOT WRITE BELOW THIS LINE SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15. Explra~ B. Feeser 5/4/99 5/23/99 13.1 acknowledge receipt of the writ or complaint as indicated above. 18.1 hereby CERnFY and RETlJRN that I ~~: I? c, Ih;/- (, LI;J-. ,v..m- L!?a"j~<-f~.~ I'b--. / (e"...,~<f.<.,-r( ::.'1'<<"'1) so ANSWER. 34.day 01 33.AFARMED and subscribed 10 belore me this NOTARIAL St-.AI. 36. Signalure 01 Oep. Sherill 37. Signature at County She 38. Signature 01 Fo/elgn County Sherifl 41.Date 35, MY MMISSION EXPIRES ~, ) 42.1 ACKNOWLEDGE RECEIPT OF THE SHERIFPS RETURN SIGNATURE OF AUTHORIZED ISSUINGi AUTHORITY AND TInE 1. WHITE . Issuing Authority 2. PINK . Anomey 3. CANARY. SherIff's O"tee 43. Dale Rec<tived 4, BLUE. Sheriff', OfllC6 '- ,', ;:: .- '" 1:_: , .:( , , . ,'. ;.;...". -.~ (.t ,~ " .' q.: ~~": , ':', ::-:~ <~.I , c-..J ~~~ , " L .." , 1.-' J j"IJ i.~ L~ .:.{:i. c.::; , L C'> ~:.) lJ en U ~' , / ~ ~ ~ ~"., ',,- ,- , ..:~ ) ~ , ! i Q m w ::J 0 A w U) rr ,." t U) w U) u W <"'l rr IlJ 2: '" >< rr ... ,." i2 '" 0- W rr Q. r-- , ~ ...., , .(" -"~' ge~ "; '~"~ '.. ,. .'\ . $' ~' " .. W"'~ f:: ..:~ .. ; 3: ~ OU...,lto..., , - . , "'- ,..': - . I Z j ~~ 1'- )! lL'" Z rrz ww ~": ~:S I ?~ i 'Ir --~~_..' - ...-. "Z ',..):., (- ,. / --- FEDER~AN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION CUMBERLAND COUNTY vs. THOMAS B. PRINDLE NO. 99-2446-CIVIL Defendant(s) TO: THOMAS B. PRINDLE 740 EDFORD ROAD CAMP HILL, PA 17011 flJ.( COP}' DATE OF NOTICE: JUNE 2, 1999 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff . . PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff vs. THOMAS B. PRINDLE Defen~ant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-2446 CIVIL PKAF..cIPE !'OR WRIT OF EXECV110N (MORTGAGE !'ORECLOSURE) TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Amount Due Issue writ of eKecution in the above matter: Interest from 7/8/99 TO 12/8/99 (PER DIEM - $12.06) $73.361. 90 $ 1.857.24 and Costs $75.219.14 TOTAL --:rlVMr~ FRANK FEDERMA , ESQUIRE TWO PENN CENTER PLAZA SUITE 900 PHILADELPHIA, PA 19102 Attorney for Plaintiff Note: Please attach description of property. . . Cl\ r4 0 l' r4 ~ . 'C III ~< . t . :z t!I Q ~~ ~ III III . III ..: . .... III <:s ~ /.... 1II III CO U .... .:l ,Q 0\ ~>- H ~~ ~ .:l 0\ ll.rJl IIol :.< E .... H :>. o-i . Q II :z~ 1II o-:l ~ = III II . ~ ~ '" ..... . e ~~ ~ C> Po. ~ III H 0] ... QJ .:l II: ... III Eo< 8~ Po ~~ (\; l>: l:Io IIol . II H ~ III . ~ l:Io H l> III g:, > ~O ll:l fI.l a::gj, H III H l:; lI: ... U Ou IIol ~ ~'g ,... III ...~ Q 0 Q ~ \D H leG +J 101 "" ~~ ~ ll:l +J 0 "" Eo< ..: III N ~ - ... III I [il .. l'l III 0\ 'tl ... 0\ ~~ < Q/ '" 0 8: ..... .. '" ~~ tl .... In IC . r<. In 0 III Z ,... 'tl ~ FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION I I" f"" I r; I l. I va. : THOMAS B. PRINDLE : NO. 99-2446 CIVIL 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. I' (b) that defendant THOMAS B. PRINDLE is over 18 years of age and resides at 31 OLD MILL ROAD, DILLSBURG, PA 17019. '.; This statement is made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. 7MM.L~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~ In ~ N ~ a-. ::")4 wQ ():-...;;. 0'" .~. '...l::or: L~~'-': "'" :.:l::l '.1...- 'i; t:, ...:t :::(j) ( u. :'12 WI....:. I.*;;:2:' -JLl: -. I,UW u::-, :::l :-00- )"".. -, ~ 1-" 1,,- <1' ::J 0 "" <J >- t.n ~ ~ N ,-' m :"l~ ~R c.,=) c.)-'.. ':'C u-." W":'C1 ,.,:: '.J.-:r .0:::: :_):::j c5}:.-., .<~ 6";. ..T .:1 ~_'. -.'-! _J/- ~l'.' c'~z -, LillO 0:" ' =- :.no- j::: -, ~ l.1.. '" :::> 0 0'\ 0 , . COUNTRYWIDE HOME LOANS, INC. : . . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION . . VB. . . THOMAS B. PRINDLE . . NO. 99-2446 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 11 COUNTRYWIDE HOME LOANS. INC. , Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the Praecipe for the writ of Execution was filed the following information concerning the real property located at 740 ERFORD ROAD. CAMP HILL. PA 17011. 1. Name and address of owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) THOMAS B. PRINDLE 31 OLD MILL ROAD DILLSBURG. PA 17019 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) ~ ) !f: .. ~i f!: I t:; ?i: If) r: ~ N % 6, :J<'1~ u.!~;2 L"";~ 8~S! .~ '~.J ~i: "'" ~~:~~ C}:"~" .s ;::t:0) (:S,,- .JZ UJ-' Lr:Z a:~:.i _.J :!..JLU r- ::> :.iJa., -, -., :..~ ". m :::l 0 en U . . COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS . . VB. . . CIVIL DIVISION THOMAS B. PRINDLE NO. 99-2446 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY July 8, 1999 P.O. BOX 642 NEW CUMBERLAND, PA 17070 TO: THOMAS B. PRINDLE 31 OLD MILL ROAD DILLSBURG, PA 17019 **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, 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 740 ERFORD ROAD. CAMP HILL. PA 17011, is scheduled to be sold at the Sheriff's Sale on DECEMBER 8. 1999 at 10:00 a.m. in the Cumberland county Courthouse, South Hanover street, Carlisle, PA 17013, to enforce the court judgment of 673.361.90 obtained by COUNTRYWIDE HOKE LOANS. INC. (the mortgagee) against you. If the sale is postponed, the property will be re1isted for the MARCH 1, 2000 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 12151 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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 HAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. be sold calling If the Sheriff's Sale to the highest bidder. (215\ 563-7000. is not stopped, your property will You may find out the price bid by 2. sale if of your You may be able to petition the Court to set aside the the bid price was grossly inadequate compared to the value 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. I f the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the SHeriff and will be made available for inspection in his office. The 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 filet! with the Sheriff within ten (10) days after the filing of the proposed schedule. 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 ATORNEY REFERRAL CUMBERLAND COUNTY BAR ASOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ...~ -.-. _.~. ~.:(;'~~','~<;::, ;r~! -. -" .""~J\,~,,,",,(,i , .- "i ! ." ALL THAT CERTAIN piece or parcel or land, .Ituate In the Ea.t Penn.boro Town.hip, Cumberland County, Commonwealth or Penn.ylvania more particularly bounded and described a. rollow., to wit: BEGINNING at a point on the Westerly line or Errord Road (East), which point Is 594.25 reet North orthe Northwesterly corner or Errord Road (East), and Dulle. Drive (East), and a dividing line between Lots No.. II and II X, Block "J", on the herelnartcr mentioned Plan or Lots; THENCE along said dividing line South 53 degree. 00 minutes West, 110 reet to a point; THENCE along the Easterly line or Lot No. 22, Block "J", on said plan, North 37 degrees 00 minutes West 37.50 reetto a point; THENCE North 53 degrees 00 minutes East 110 reel to a point on the Westerly line or Errord Road (Ea.t), aroresaid; THENCE along same South 37 degrees 00 minutes East 37.50 reet to a point, the place or BEGISNING. BEING premises known as1612-B Errord Road (East) TOGETHER with the right In common to use the partition wall with owner and occupier oradjolnlng premises. ALSO BEING Lot No. IIX, Block "J". In Plan No.7, Ridley Park, which Plan Is recorded In the ornce or the Recorder or Deeds In and ror Cumberland County, Penn.ylvanla,ln Plan Book 15, Page 56. Tax Parce1 # 09-16-1050-204 TITLE TO SAID PRElUSES IS VESTED IN Thomas B. Prindle, Married Man by Anthony J. Barber and Mary K. Barber, Husband and Wife by Deed dated 11/24/97 and recorded 12/2/97 in Record Book 168, page 861. . ii; If) ~ N ;:=, 6\ ~3$ ulQ ~?~I ~ C-l::C G-,'r-. .a: C1~ o~: 6t: .:J' ~::;~ UJW"' ex:;;-.: i1~!. _,J '..'_JIU -~~ ::> :::;)0- -, :;: " en ::> 0 c-. (.) . - .' .... . Cumberland County COUNTRYWIDE HOME LOANS, INC. VS THOMAS B. PRINDLE Court of Common Pleas Civil Division / NUMBER 99-2446 ORDER (SERVICE OF PROCESS)(300) It is ordered, on this /2." day of a..h"-. 1999, that Plaintiffs Petition for service of process, pursuant to Pa. R.C.P. 430(a) is GRAt~TED, Permitting service by: -1L Regular Mail At THOMAS B. PRINDLE last known address -1L Certified Mail At THOMAS B. PRINDLE last known address 1-- 11;L /Judge / By The Court Exhibit "A". 4. Plaintiff submits that it has made a qood faith effort to locate the defendants, but has been unable to do so. 5. Plaintiff is not able to attach a copy of the Votinq Records because the Bureau of Voters' Reqistration indicated that city employees will only provide verbal confirmation if someone is reqistered to vote, but will not make available the records themselves for copy purposes. WHE~EFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of civil Procedure 430 directinq service of the Notice of Sale by certified mail and reqular mail. " ~J~~A~ rank Federman, Esquire ATTORNEY FOR PLAINTIFF c/o FEDERMAN AND PHELAN BY: Frank Federman, Esquire Attorney I.D. #12248 Ste. 900/Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. ATTORNEY FOR PLAINTIFF vs. COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County No. 99-2446 THOMAS B. PRINDLE MEKORANDOK OF LAW Pennsylvania Rule of civil Procedure 430(a) specifically provides: 11 urvice ~oc be nwJc under the :appli~blc. rule, !.be plaintiff D\a)' move the taul1 for:a lpCCW order dirct:tin, the method 01 service. Tbc motioo dW1 be .JCCompanicd by m Affilbvil &UC.i:lI the nalUR an4 cltent 0( Ihe inveatit:otioa which ~, been nlllde to dt:tenninc 11M: when:llbou&.a oI'thc dcrc:nd&n1(l) aod the ~JOl\' wb)' Kf'Vtcc cannot be made. Pennsylvania Rule of civil Procedure 400.1 provides that, in an action commenced in Cumberland County, original process may be served within the county either by the Sheriff or by a competent adult who is not a party to the action. Plaintiff's process server was unable to serve Defendant(s). A true and correct copy of the Affidavit of No Service is attached hereto, made part hereof, and marked Exhibit A. Accordingly, Plaintiff ordered an investigation into the whereabouts of Defendant(s). A true and correct copy of the Affidavit of Good Faith Investigation is attached hereto, made part hereof, and marked Exhibit B. The Affidavit reflects that Plaintiff's investigator has made at least three types of inquiries listed under Rule 403.1(B) (1), as required by the rule. Copies of any written responses obtained are attached to the Affidavit. The Affidavit also specifies the inquiries made, responses made, and AFFIDAVIT OF SERVICE' - CUMBERLAND COUNTY PLAINTIFF COUNTR'iI-iIDE HOME LOAllS, INC. COURT NO. 99-2446 CIVIL DEFENDANT/S) THOMAS 8. PRINDLE !~" SERVE AT 31 OLD MILL ROAD DILLSBURG, PA 17019 \.:: ~,~. . -".' ..... ;.. TYPE OF SERVICE civil Action Summons Eviction xx Notice of Sheriff's DECEMBER 8, 1999 Date Sale .' SPECIAL ***THIS YORK INSTRUCTIONS PROPERTY IS LOCATED IN COUNTY*.. \ \ I'" €1--'(\\O TYPE OF ACTION Mortgage Foreclosure SERVED Served and made known to Detendant, on the day ot , 199___, at ' o'clock, _____. H., at Commonwealth of pennsylvania, in the manner described below: , Defendant personally served. Adult family member with whom De!endant(s) reside(s). Relationship is . Adult in charge of Defendant's residence who refused to give name/relationship. Hanager/C1erk of place of lodging in which Detendant(s) resides. Agent or person in charge ot Defendant's office or usual place ot !:lusiness. an officer of said defendant company. Other: :1:, to law, depose a true issued in the a!:love. _, a competent adult, being duly sworn according and state that I personally handed to and correct copy ot the captioned case on the date and at the address indicated Sworn to and su~cribed betore me this {' \~ day '.....\.' .:'; ot , 199__ By: Notary: NOT SERVED -tJ.. ~ On the ...;)c:; day of ~ ~. H., Deten~ant~OT oecause: ~ Hoved ____ unknown ____ No Answer Other: PLv "';,,71, ". -r~ f.;>~U.. ~ /Y11"~1 {~~~~ ,- Sworn to and subscribed betor~m~this ~I~ day ot ~~ ,~9~. '0 H Notary: ~ ........ NOT:~:~;.':'i.. ::cI'.L SARA.~ A. CN'tCECi. :.~,,~,v'.' ?:..~l;c Mid~. Paxto~ Twc.. C,.Il;~r. r: C.:...nty MvCOr."lmi1.S'on E~:."'f~ o:-."nl14 ~, , 199.:1, at 7,OS' o'clock ____ Vacant (J-ItU, . ...J'-<....,Z By: 7(~ ~-J1~ ATTORNEY FOR PLAII3IFi D 12248 FRANK FEDERMAN, E .-. ,# Two Penn Center Plaza/Su1te 900 PhiladelPhia6 PA 19102 (215) 563-70 0 ( PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number' 99.2446CIVIL Attorney Frrm: TRACK STARS Case Number: Subject: THOMAS B PRINDLE A K.A. None Property Address: 740 ERFORD ROAD CAMP HILL, PA 17011 Last Known Address: 31 OLD MILL ROAD DILLSBURG, PA 17019 Last Known Number: ( ) _ ~y.f.? !O\\ ~ ~ Michael K Gross, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of President for Players ~!ational Locator, 2, On 09/17/1 999, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION. A. SOCIAL SECURITY NUM8ER: 209-48.9219 B, EMPLOYMENT SEARCH: Unable to locate a good employer for Thomas. C, INQUIRY OF CREDITORS: The creditors Indicated that Thomas is living at31 Old Mill Road, Dillsburg, Pa. 17019 with no valid home phone number. INQUIRY OF TELEPHONE COMPANY. A, DIRECTORY ASSISTANCE SEARCH: The directory assistance has no listing for Thomas Prindle INQUIRY OF NEIGHBORS. Contacted 717-432.9159 registered at26 Old Mill Road and spoke with a neighbor who stated Thomas Prindle is living at31 Old Mill road, Dlllsburg, Pa. 17019. INQUIRY OF POST OFFICE. A, NATIONAL ADDRESS UPDATE: As of September 9, 19P9the National Change of Address (NCOA) has no change for Thomas B Prindle from last known address. MOTOR VEHICLE REGISTRATION. A. MOTOR VEHICLE & DMV OFFICE, The Pennsylvania Department of Drivers Licensing has Thomas B Prindle listed at last known address. OTHER INQUIRIES. A, DEATH RECORDS As of September 9, 1999 the Social Security Administration has no death record on file for Thomas B Prindle under his social security number. ~. ;;, 1: .~. c/o FEDERMAN AND PHELAN BY: Frank Federman, Esquire Attorney I.D. #12248 Ste. 900/Two Penn Center Plaza Philadelphia, PA 19102 1215\ 563-7000 COUNTRYWIDE HOME LOANS, INC. 'i ATTORNEY FOR PLAINTIFF , 1 COURT OF COMMON PLEAS vs. CUMBERLAND County THOMAS B. PRINDLE No. 99-2446 CIVIL MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, FRANK FEDERMAN , Esquire, moves, this Honorable Court for an Order directing service Of the Notice of Sale upon the above-captioned Defendant (s) by Certified mail and regular mail to the defendant(s)' last known address, and in support thereof avers the following: 1. Attempts to serve Defendant(s) with the Notice of Sale have been unsuccessful. Plaintiff attempted to serve the defendant (s) on JULY 20, 1999 , as indicated by the Return of Service attached hereto as Exhibit "A". certified mail at 31 OLD MILL ROAD DILLSBURG, PA 17019 and 740 I I I I I ' I , 2. Pursuant to Pennsylvania RUle of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s), An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as exhibit "B". 3. Plaintiff attempted to serve the defendants via ERFORD ROAD C1\MP HILL. PA 17011 trNCLAIHED by the U. S. Post Off ice and is attached hereto as Said mail was returned c/o FEDERMAN AND PHELAN BY: Frank Federman, Esquire Attorney I.D. #12248 Ste. 900/Two Penn Center Plaza Philadelphia, PA 19102 (2151 563-7000 COUNTRYWIDE HOME LOANS, INC. ATTORNEY FOR PLAINTIFF vs. COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County No. 99-2446 THOMAS B. PRINDLE MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: U sc.nokc ~W1Ol be IWdc under the applic.3blc rule, lhc pbinLifr NY move the coon (or:a speciAl onkr dittctin.1hc nlclhod of service. The moUOQ shaU be ACcompAnied by 211 ^m~vil Julina the ru.turc and extent of !he inve.u,:atioo which ~I been amdc 10 dctenninc the whereabouts of the dcfcndanl{l) :lAd the f'CUOnl wby "",ice c.annoc be mIIdc. Pennsylvania RUle of civil Procedure 400.1 provides that, in an action commenced in Cumberland County, original process may be served within the county either by the Sheriff or by a competent adult who is not a party to the action. Plaintiff's process server was Unable to serve Defendant(s). A true and correct copy of the Affidavit of No Service is attached hereto, made part hereof, and marked Exhibit A. Accordingly, Plaintiff ordered an investigation into the whereabouts of Defendant (S) . A true and correct copy of the hereof, and marked Exhibit B. Affidavit of Good Faith Investigation is attached hereto, made part The Affidavit reflects that Plaintiff's investigator has made at least three types of inquiries listed under Rule 403.1(B) (1), as required by the rule. Copies of any written responses obtained are attached to the Affidavit. The Affidavit also specifies the inquiries made, responses made, and AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY PLAINTIFF COUNTRYWIDE HOME LOANS, INC. DEFENDANT/51 THOMAS 8. PRINDLE COURT NO. 99-2446 CIVIL SERVE AT 31 OLD MILL ROAD DILLS8URG, PA 17019 ".'::....... -'.' .... ;. TYPE OF SERVICE civil Action Summons Eviction -x;;- Notice of Sheriff's DECEMBER 8, 1999 Date Sale .' SPECIAL ***THIS YORK INSTRUCTIONS PROPERTY IS LOCATED IN COUNTY*** . \ \ f €1--'f'.\O TYPE OF ACTION Mortgage Foreclosure SERVED Served and made known to Defendant, on the day of , 199___, at . o'clock, M., at 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 residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) resides. Agent or person in charge of Defendant's office or usual place of business. Other: an officer of said defendant company. I, to law, depose a true issued in the above. , a competent adult, being duly sworn and state that I personally handed to and correct copy of the captioned case on the da te and a t the address according indicated Sworn to and sU~cribed before me this ~ \~ day .. ') .... ~f ',\;' of ,\,. , 199 By: .' Notary: NOT SERVED -i:).. ~ On the ~ 0 day of ... ~. M., Deten<1ant ~OT l;Iecause: ~ Moved ____ Unknown ____ No Answer ot,,,:!r;n P.LU ...r,,:Z J. J ., I~ /?;>~U.J ~ /Yn <~ / (.I~..,J.Q . - . Sworn to and subscribed before me. this :) I ",;t day of ~~Q H' n9..!L-. Notary: ....- NOT:~:,;.:"l eE....i... SARA!;t A. ~N'\'CEl:j. ~.:.;!"",.' P...t-Ec Middle PilX1C'~ Tw:.. CIl,.:j:r,.r: C..:..n;y UvCo~mi!'4'on E:,:,',~:, ",r;nI14 2'X1 , 199..:l, at 7'o'~ o'clock Vacant (~ , ~J,-<........z.d 8y: 7)"~ ~ .J/U.'-r-.-' ('> ATTORNEY FOR PLAINTIFF FRANK FEDERMAN, ESQ.-I.D,#12248 Two Penn Center Plaza/Su1te 900 Philadelphia, PA 19102 (215) 563-7000 : 'I ,1 ,( 'V 1\~1H)G-' ,- - ) '- \ --. o ~ Ifl ;:) o UJ f a: f- e.. j;j 1 ~'~ '" ;;) f- UJ a: ._-~ -- ---l A, , g", ;~~ ~:;;F z << ",> s~ :..~ =Z r..'W z~ :.;..,' < U:;: 7"- ~fJ~ -< O=' ;:= -"- /. .- " ~. , '.~ ,. ' " I.' , . ..... .\ -. .''>0.------ d liO,J .....;., ( PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number 99.2446CIVIL Attorney Firm: TRACK STARS Case Number Subject: THOMAS B PRINDLE AKA: None Property Address: 740 ERFORD ROAD CAMP HILL, PA 17011 Last Known Address: 31 OLD MILL ROAD " DILLSBURG, PA 17019 Last Known Number: ( ) _ ~~~ ^~ .;:o~ Michael K Gross, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of President for Players National Locator, 2. On 09/17/1999, I conducted an investigation into the whereabouts of the above named defendanl(S), The results of my investigation are as follows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER: 209-48-9219 B, EMPLOYMENT SEARCH: Unable to locale a good employer for Thomas. C, INQUIRY OF CREDITORS: The creditors indicated that Thomas Is living at 31 Old Mill Road, Dillsburg, Pa. 17019 with no valid home phone number. INQUIRY OF TELEPHONE COMPANY. ' A. DIRECTORY ASSISTANCE SEARCH: The directory assistance has no listing for Thomas Prindle INQUIRY OF NEIGHBORS _ Contacted 717-432-9159 registered at 26 Old Mill Road and spoke with a neighbor who stated Thomas Prindle is living at 31 Old Mill road, Dlllsburg, Pa. 17019. INQUIRY OF POST OFFiCE - A. NATIONAL ADDRESS UPDATE: As of September 9,1999 the National Change of Address (NCOA) has no change for Thomas B Prindle from last known address. MOTOR VEHICLE REGISTRATION- A. MOTOR VEHICLE & DMV OFFICE: The Pennsylvania Department of Drivers Licensing has Thomas B Prindle listed at last known address. OTHER INQUIRIES. A. DEATH RECORDS: As of September 9, 1999 the Social Security Administration has no death record on file for Thomas B Prindle under his social security number. ~----J THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Rtt No, 587, Rooroued MaU 16. 1929 Commonwealth of Pennaylvenle, County of Dauphin) 88 Michael Morrow being duly sworn according to low, deposes and says: That he Is the Assistant Controller of THE PATRIOT.NEWS CO., a corporation organized and exlsllng under the laws of the Commonwealth of Pennsylvania, with Its principal office and place of business et 812 to 818 Market Street, In the City of Harrisburg, County 01 Dauphin, Slale of Pennsylvania, owner and publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS newspapers of general circulation, prlnled and published al 812 10 818 Markel Slreel, In Ihe Clly, Counly and State aforesaid; Ihat THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established March 41h, 1854, and Seplember 18th. 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which Is securely allached herelo Is exactly as printed and published In their regular dally and/or Sunday and Melro editions/issues which appeared on the 261h day of October and Ihe 2nd and 9th day(s) of November 1999, ThaI neither he nor said Company Is Interested in Ihe subjecl maller of said printed notice or advertising, and thaI all of the allegations of Ihls slatement as to Ihe time, place and character at publication are true; and That he has personal knowledge 01 the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aloresald by virlue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of dlreclors of the said Company and subsequently duly recorded in ,., ..., ,,, ,,. ,,",""' ., Ooo~ '" ,,'" ,,, ".. [1" 0, ,"," ,. ...,,".-. ""'. 'M', Volume 14, Page 317. . A]l~ _ PUBLICATION ,A)/' II() V, COpy S ' I Is 18th d S ALE 1116 Nolanal s'~ ~' Terry L Russell, N 13 pubr Hauisburg, Dauph oun My Commission ElCpires uneS, 200 ARY PUBLIC Member, Pennsylvania Association 01 MSBrtMmmlsslon expires June 6, 2002 , 'i'l!sTATE sALeNCI.18 '. WrIt.No;lI90244lIfi',..., ~:f,~,~..;:~~i;~;..:.)Ii. ~,\"',"Jc', ..,'\,., ':i';;~,?/{~;;;,/::~,'!;:;.'.,,~' . ,".' , '" "~'"".' , ~.'!Yr',\..4':""'l>io~,t..J~.,~" .,.,: _:,(~:,::J'.'l,!:,,', :,:',.' '::"" '-',i" VIi I'-':~'" !:.i '.:: ',' ~ j<~,ilt>:'i,;\~i~i1IOriiHB.'PrIndJj', . 'i'C','\'; " Statement of Advertisina Costs .,...~ '~'Aiiiii.......FtiIel'trieQ;\" '. _______ _ _ __ ___._,__ _____ ~ , ~!~v~i~,bEsGRlI!TION.1a;,' '...., To THE PATRIOT-NEWS CO., Dr. 'n"AU;,TllAT,~N~,OI' plIICOl of Fbi' h' h I' bl' t' It h d 1Inl!i;,'lIlluItt>'III"'JhitI;EaII"l'8nnallonl; or pu IS Ing I e no Ice or pu Ica Ion a ac e Tcj"n'lhIPil";C, umbe"lnd>co.unty( hereto on the above stated dales $ '.IIf-.'.....- ""'..... ......' .,1 "~;'l.iiftd.,_1Iied as Probating same Notary FeeCs) $ 'town:''' '~.' "'~":~~~i.i.~~"...,,: T t I $ 'l!{' ,"~ lIii.*,~; 0 a , ':~.'Md'DuIlIIJher' s Receipt for Advertising Cost i~, ~"'~=Ir ~f THE PATRIOT.NEWSend THE SUND~Y PATRIOT.NEWS: newsp.pers of general ~'~~I!:l'Jllri~foj~,ceIPt of the aforesaid nollce and publication costs and certllle: that Ihe same have r~j-=~!:~IO . THE PATRIOT.NeWS CO, 'c:i'~~~.IIIe Ilna or, =?a~~:~r.~o;:;o~ By.................."........."....,..,............................. "*lUIII Eutll0 loot to . poInl on the '=" h' or e.tofd Rood (EasO, --' THENCE lI!ong IlIme Sou1h 37 '~, 00, __ East 37.50 ,1801 to . , "i*e or BEGINNING. 1IlJ','DIWIIiMI known .. 16t2-8 Elbd IIoad 1Eull. ' , TOOE1IER wIilI.. rtghIln _ to - "'ar:="- iwIIII -- and -&~to.~~8Ioc:tc.J..1n Plan Na., 7, ~_PII1l, _ Plan Ia - In ~ 'i::m or .. Raoordar or 0NdI In, and lor, ~ County. Peo.~ In Plan _15. Poga 56, 1Ul'MloI_lt1-1~. 1mE TO SAID PREMISES IS VESTED IN 11lomu B. PrtnclIa. MInIad Man by "..."" J, __ and MIlly K. BaIbai, ~and_bI'llMd_III24197 and _1212m In _ 8001< 156, paoI181. " CUMBERlAND COUNTY SHERIFFS OFFICE CXlURiH:lUSE CARLISLE, PA. 17013 298.69 1.50 300.19 '" ", ....~ ..t 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- be sold calling If the Sheriff's Sale to the highest bidder. (215) 563-7000. is not stopped, your property will You may find out the price bid by 2. sale if of your You may be able to petition the Court to set aside the the bid price was grossly inadequate compared to the value property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the SHeriff and will be made available for inspection in his office. The 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 (lO) days after the filing of the proposed schedule. 7. You may also have other rights and d~fenses, 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 RAVE 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 ATORNEY REFERRAL CUMBERLAND COUNTY BAR ASOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ( " :."; WRIT OF EXECUTION and/or ATTACHMENT COMMONWEAlTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO, 99-2446 CIVIL 1lfl Term CIVIL ACTION. LAW TO THE SHERIFF OF ~. Cumberland COUNTY: To satisfy the debl. inlerest and cosls due Coun trywide Home Loans. I nc. PLAINTIFF(S) lrom Thomas B. Prindle I,; DEFENDANT(S)_ (1) You are directed 10 levy upon the property of the defendant(s) and 10 sell see 1eqa1 description (2) You are also direcled to allach the property of the defendanl(S) nollevied upon in the possession of _ GARNISHEE(S) as follows: and 10 nolijy Ihe garnishee(s) that: (a) an allachmenl has been issued: (b) the garnishee(s) is/are enjoined from paying any debllo or for Ihe accounl of Ihe delendanl(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property olthe defendanl(s) notlevied upon an subjecllo allachmenl is found infhe possession of anyone olher than a named garnishee. you are directed to nolify himlherthal he/she has been added as agarnishee and is enjoined as above staled, Amounl Due $73.361.90 Interest fran 7/8/99 to 12/8/99 Sl,e:>/.l4 Ally's Camm Ally Paid $151.80 % L.L. $.50 Per Diem$12.06 Due Prolhy Olher CoslS Sl.00 Plainlifl Paid Dale: July 14, 1999 CUrtis R. Long Prothonotary, Civil Division by: -L1IQ. ,''hQ(Y'<H\/\ ,~ Deputy REQUESTING PARlY: Name Frank Federm~n. Esq. Address: Two Penn center Plaza, Suite 900 Philadelphia. PA 19102 Allorneyfor: Plaintiff Telephone: 215-563-7000 SupremeCourtlDNo. 12248 TRUE COpy FROM RECOR~ In Testimony whereat. I hire unto set my ind the seal 01 said Court at,CarllSI~~ rhl~ /'I-It) llay Ql \~t;.,) .. : \ l J1() - \ .- ProthonotMY