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Home My WebLink About03-3775FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff DAVD R. DOUGHERTY 400 BRICK CHURCH ROAD ENOLA, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COLrNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 F/leg: 59075 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT V~ITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. File#: 59075 Plaintiffis COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 The name(s) and last known address(es) of the Defendant(s) are: DAVID R. DOUGHERTY 400 BRICK CHURCH ROAD ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 03/22/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BROADVIEW MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1685, Page 1061. By Assignment of Mortgage recorded 8/12/2002 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 689, Page 1487. 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 04/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 59075 The following amounts are due on the mortgage: Principal Balance Interest 03/01/2003 through 08/04/2003 (Per Diem $17.56) Attorney's Fees Cumulative Late Charges 03/22/2001 to 08/04/2003 Cost of Suit and Tire Search Subtotal $78,997.60 2,756.92 1,250.00 119.84 $ 550.00 $ 83,674.36 Escrow Credit - 415.81 Deficit 0.00 Subtotal $- 415.81 TOTAL $ 83,258.55 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event ora third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 83,258.55, together with interest from 08/04/2003 at the rate of $17.56 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: FEDERMAN AND PHELAN, LI;P FRAN~ FEDERMAI~ ES~QUIRE LAWRENCE T. PHEL._A~, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 59075 ALL THAT CERTAIN lot or piece of' land, together with tho improvements thereo~ erected, situate in Fa~t Pennsboro Township. Cumberland County. Pennsylvania, bounded and described as follows, to wit: BOUNDED on the North by a ten (10) feet public ailey~, On the East by Brick Church Road, formerly State Street; On the South by Dauphin Street; and On the West by Lot No. 2, Section "A', owned now or late by Lottie C. Dubs. BEING know as~Lot No. 1, Section "A", on Plan of Lots known as "Enoht Terrace", in East P~nnsboro Township, Cumberland County, Pennsylvania, said Plan being recorded in the Recorder's Office in and for Cumberland County, in Plan Book No. I, Pa~e 3. PREHISES BEING : /~00 BRICK CHURCH ROAD VERIFICATION FRANCIS S. HALLiNAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiffis outside the jurisdiction of the court and or the verification could not be obtained within the time alI0wed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa~ R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are tree and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made Subject to the penalties of 18 Pa. C. S. Sec..4904 relating to tmswom falsifications to authorities. DATE: Francis S. Hallinan, Esquire Attorney for Plaintiff SHERIFF'S CASE NO: 2003-03775 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS SERVICI VS DOUGHERTY DAVID R RETURN - REGULAR RONALD E. HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE DOUGHERTY DAVID R DEFENDANT , at 0019:00 HOURS, on the at 400 BRICK CHURCH ROAD ENOLA, PA 17025 DAVID R. DOUGHERTY a true and attested copy of NOTICE COMPLAINT IN MORTGAGE FORECLOSURE was served upon 7th day of August the , 2003 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11,04 Affidavit .00 Surcharge 10.00 .00 39,04 Sworn and Subscribed to before me this ~?~ day of onotary So Answers: 08/08/2003 FEDERMAN & PHELAN Deputy Sheriff FEDERMAN AND PHELAN, LLP .By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215] 563~7000 COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff, DAVID R. DOUGHERTY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3775-C.T. PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DAVID R. DOUGHERTY and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 8/5/03-9/9/03 TOTAL $83,258.55 $632.16 $83,890.71 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY FEDERMAN AND PHELAN, LLP .FRANK FEDERMAN. ESQ., id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S, HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA. SUITE 1400 PHILADELPHIA, PA 19103 (715) 56%7000 COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff Vs. DAVID R. DOUGHERTY Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COU~"qTY : NO. 03-3775 CIVIL TERM TO: DAVID R. DOUGHERTY 400 BRICK CHURCH ROAD ENOLA, PA 17025 DATE OF NOTICE: AUGUST 28. 200~1 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 to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the da/ms set forth against you. Unless you act within ten (10) days fi.om the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important fights. 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 fred 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 LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL1NAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2003-03775 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS SERVICI VS DOUGHERTY DAVID R RONALD E. HOOVER , Cumberland County, Pennsylvania, says, the within NOTICE DOUGHERTY DAVID R DEFENDAi~T , at 0019:00 HOURS, at 400 BRICK CHURCH ROAJD ENOLA, PA 17025 DAVID R. DOUGHERTY a true and attested copy of NOTICE COMPLAINT IN MORTGAGE FORECLOSURE on the 7th day of August Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 2003 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers 08/0s/2003 FEDERMAN & PHELAN By: Deputy Sheriff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff, DAVID R. DOUGIdlERTY Defendant(s). No. 03-3775-C.T. TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 9/10/03 to MARCH 3, 2004 (per diem -$13.79) TOTAL $83,890.71 ' $2,427.04 and Costs $86,317.75 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN LOT OR PIECE OF LAND, TOGETHER WITH THE IMPROVEMENTS, THEREON ERECTED, SITUATE IN THE EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BOUNDED ON THE NORTH BY A TEN (10) FOOT PUBLIC ALLEY; ON THE EAST BY BRICK CHURCH ROAD, FORMERLY STATE STREET; ON THE SOUTH BY DAUPHIN STREET; AND ON THE WEST BY LOT NO. 2, SECTION "A" OWNED NOW OR LATE BY LOTTIE C. DUBS. BEING KNOWN AS LOT NO. 1, SECTION "A" ON PLAN OF LOTS KNOWN AS "ENOLA TERRACE", IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, SAID PLAN BEING RECORDED IN THE RECORDER'S OFFIC IN AND FOR CUMBERLAND COUNTY IN PLAN BOOK NO. 1, PAGE 3. CONTAINING FIFTY-FOUR (54) FEET, SEVEN (7) INCHES ON DAUPHIN STTEET, AND EXTENDING BACK ALONG SAID LOT NO. 2 ONE HUNDRED FIFTY-EIGHT (158) FEET THREE (3) INCHES TO SAID PUBLIC ALLEY; THENCE ALONG SAID PUBLIC ALLEY A DISTANCE OF EIGHTY-FOUR (84) FEET SIX (6) INCHES TO STATE STREET; THENCE ALONG SAID STATE STREET, ONE HUNDRED FORTY-FOUR (144) FEET FIVE (5) INCHES TO DAUPHIN STREET, THE PLACE OF BEGINNING. VESTED BY: SPECIAL WARRANTY DEED DATED 3/14/01, GIVEN BY MORTGAGE GUARANTY INSURANCE CORPORATION TO DAVID R. DOUGHERTY, A SINGLE PERSON THEIR HEIRS, SUCCESSORS AND/OR ASSIGNS RECORDED 4/02/01 IN BOOK: 241 PAGE 1005 TAX PARCEL # 09-14-0834-079 FEDERNIAN 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 COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE Plaintiff, DAVID R. DOUGHERTY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3775-C.T. 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 DAVID R. DOUGHERTY is over 18 years of age and resides at, 400 BRICK CHURCH ROAD, ENOLA, PA 17025 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPIHA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff, DAVID R. DOUGHERTY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3775-C.T. CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff COUNTRYWIDE HOME LOANS SERVICING, LP : : Plaintiff, : DAVID R. DOUGItERTY : Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3775-C,T. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS SERVICING, LP, 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, 400 BRICK CHURCH ROAD, ENOLA, PA 17028. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DAVID R. DOUGHERTY 400 BRICK CHURCH ROAD ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Nanle EAST PENNSBORO TOWNSHIP Last Known Address (if address cannot be reasonably ascertained, please indicate) 98 S. ENOLA DRIVE ENOLA, PA 17025 4. Name and address of last recorded holder of every mortgage of record: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. 3401 HARTZDALE DRIVE, SUITE 126 CAMP HILL, PA 17011 5. Name and address of every other person who has any record lien on the property: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last 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 may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 400 BRICK CHURCH ROAD ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are 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 unsworu falsification to authorities. September 9, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff COUNTRYWIDE HOME LOANS SERVICING, LP : Plaintiff, : DAVID R. DOUGHERTY : Defendant(s). : TO: DAVID R. DOUGHERTY 400 BRICK CHURCH ROAD ENOLA, PA 17025 CUMBERLAND COUNTY No. 03-3775-C.T. September 9, 2003 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE 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 PROPERTK ** Your house (real estate) at, 400 BRICK CHURCH ROAD, ENOLA, PA 17025, is scheduled to be sold at the Sheriff's Sale on MARCH 3, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $83,890.71 obtained by COUNTRYWIDE HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, 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 attomey.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN LOT OR PIECE OF LAND, TOGETHER WITH THE IMPROVEMENTS, THEREON ERECTED, SITUATE IN THE EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BOUNDED ON THE NORTH BY A TEN (10) FOOT PUBLIC ALLEY; ON THE EAST BY BRICK CHURCH ROAD, FORMERLY STATE STREET; ON THE SOUTH BY DAUPHIN STREET; AND ON THE WEST BY LOT NO. 2, SECTION "A" OWNED NOW OR LATE BY LOTTIE C. DUBS. BEING KNOWN AS LOT NO. 1, SECTION "A" ON PLAN OF LOTS KNOWN AS "ENOLA TERRACE", IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, SAID PLAN BEING RECORDED IN THE RECORDER'S OFFIC IN AND FOR CUMBERLAND COUNTY IN PLAN BOOK NO. 1, PAGE 3. CONTAINING FIFTY-FOUR (54) FEET, SEVEN (7) INCHES ON DAUPHIN STTEET, AND EXTENDING BACK ALONG SAID LOT NO. 2 ONE HUNDRED FIFTY-EIGHT (158) FEET THREE (3) INCHES TO SAID PUBLIC ALLEY; THENCE ALONG SAID PUBLIC ALLEY A DISTANCE OF EIGHTY-FOUR (84) FEET SIX (6) INCHES TO STATE STREET; THENCE ALONG SAID STATE STREET, ONE HUNDRED FORTY-FOUR (144) FEET FIVE (5) INCHES TO DAUPHIN STREET, THE PLACE OF BEGINNING. VESTED BY: SPECIAL WARRANTY DEED DATED 3/14/01, GIVEN BY MORTGAGE GUARANTY INSURANCE CORPORATION TO DAVID R. DOUGHERTY, A SINGLE PERSON THEIR HEIRS, SUCCESSORS AND/OR ASSIGNS RECORDED 4/02/01 IN BOOK: 241 PAGE 1005 TAX PARCEL # 09-14-0834-079 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3775 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff (s) From DAVID R. DOUGHERTY (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 to notify the garnishee(s) that: (a) an attachment has been issued; Co) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named ganfishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Atty's Corem % Atty Paid $121.04 Plaintiff Paid Date: SEPTEMBER 16, 2003 Amount Due $83,890.71 L.L. $.50 Interest FROM 9/10/03 TO 3/3/04 (PER DIEM - $13.79) - $2,427.04 AND COSTS Due Prothy $1.00 Other Costs (SeaD CURTIS R. LONG Prothonota,ry Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADLEPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Countrywide Home Loans Servicing LP VS David R. Dougherty In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3775 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriffs Costs: Docketing 30.00 Poundage 1.55 Mileage 11.04 Levy 15.00 Surcharge 20.00 Law Library .50 Prothonotary 1.00 $ 79.09 paid by attorney 11/20/03 Sworn and subscribed to before me This r-~o day 2OO3, A.D 'p~c th~onotary So Answers: R. Thomas Kline, St~eriff BY