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HomeMy WebLinkAbout09-1427 Phelan, Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center A Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 New York Community Bank s/b/m to Roslyn National Mortgage Corporation 7495 New Horizon Way Fredrick, MD 21703 V. Jerry S. Harper or occupants 480 Sample Bridge Road Enola, PA 17025 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County Term No. aq - ! t/v I CIVIL ACTION - EJECTMENT **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 alien against property** NOTICE 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 (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for and 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 once set forth below to find out where you can get legal help. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (888)-990-9108 PHS #: 196753 :? 1. Plaintiff is New York Community Bank s/b/m to Roslyn National Mortgage Corporation. 2. Defendant is Jerry S. Harper or occupants. 3. Plaintiff is the record owner of premises located at 480 Sample Bridge Road Enola, PA 17025, a legal description of which is attached. 4. Plaintiff became the owner of said premises as a result of the foreclosure and judicial sale by the Sheriff of Cumberland County, on January 7, 2009, as evidenced by the Sheriffs deed recorded February 27, 2009 in the Office of the Recorder of Cumberland County in instrument# 200905635. 5. Plaintiff, by virtue of the above, is the record owner of said premises, and is entitled to possession thereof. The defendant is occupying the said premises without right and so far as the plaintiff is informed, without claim of title. 6. Plaintiff has demanded possession of the said premises from the said defendant who has refused to deliver up possession of same. WHEREFORE, plaintiff seeks to recover possession of said premises. F ancis S. Hallinan, Esquire Attorney for Plaintiff ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern legal right-of-way line of Sample Bridge Road at the corner of Residual Lot No. 2-A (erroneously described as Lot No. 1 on prior deed) on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363.26 feet to a point at the southern line of Residual Lot No. 2-A on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Residual Lot No. 2-A North 67 degrees 04 minutes 30 seconds East a distance of 185.00 feet to a point on the western line of land now or formerly of Joey V. Sullenberger and Denise C. Sullenberger; THENCE along said Sullenberger land, South 04 degrees 00 minutes 00 seconds East a distance of 385.00 feet to a point on the northern legal right of way line of Sample Bridge Road; THENCE along the northern legal right-of-way line of Sample Bridge Road South 73 degrees40 minutes 00 seconds West a distance of 179.13 feet to a point at the corner of Residual Lot No. 2-A, the point and Place of BEGINNING. BEING comprised of Lot No. 3 as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 21, 1998, last revised January 11, 1999, recorded in the office of the Recorder of Deeds of Cumberland County in Plan Book 78, Page 39 and Residual Lot No. 2-B as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 20, 1999, last revised November 18, 1999, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 80, Page 81. BEING THE SAME PREMISES which Larry M. Nelson and Joan Nelson, husband and wife, by their deed dated March 1, 1999 recorded in the office of the Recorder of Deeds of Cumberland County in Deed Book 195, Page 490, and their deed dated February 15, 2000, intended to be recorded immediately prior to this deed, granted and conveyed unto Jerry S. Harper and Sally J. Harper, Grantors herein. Premises: 480 Sample Bridge Road VERIFICATION Francis S. Hallinan hereby states that he is the attorney for the Plaintiff in this eviction action and is authorized to make this verification. The statements made in the foregoing Civil Action - Ejectment are correct to the best of my knowledge, information, and belief. I was the attorney for the Plaintiff or Plaintiffs predecessor in interest in the underlying foreclosure action. I am with the law firm on the writ of execution, and my law firm or an agent of my firm purchased the property on behalf of the Plaintiff by bidding on the property at the sheriffs sale. I am making this verification rather than a representative of the Plaintiff because I have personal knowledge of the purchase of this property at sheriffs sale. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date - rancis S. Hallinan, Esquire Attorney for Plaintiff s FRZ Sheriffs Office of Cumberland County R Thomas Kline sty$tr !t %.Umbtr4 nuwtuu L akuuiNY Sheriff' r Solicitor Ronny R Anderson 4jrw Jody S Smith Chief Deputy OPPICE Or Ti4E SRERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/12/2009 02:11 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on March 12, 2009 at 1411 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jerry S. Harper, by making known unto Sally Harper, wife of defendant, at 480 Sample Bridge Road, Enola Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.90 (PAID) March 13, 2009 SO ANS S .10 '/? R THOMAS KLINE, SHERIFF ? 9? G fz/a Z- Deputy S eri Docket No. 2009-1427 New York Community Bank v. Jerry S. Harper -s rk A ,.. S Sally J. Harper Jerry S. Harper 480 Sample Bridge Road Enola PA 17025 TO: Phelan, Hallinan & Schmieg, LLP Attn: Francis S. Hallihan, Esquire ID No. 62695 One Penn Center A Suburban Station Suite 1400 Philadelphia, PA 19103 RE: New York Community Bank National Mortgage Corporation 7495 New Horizon Way Fredrick, MD 21703 V. Jerry S. Harper Sally J. Harper 480 Sample Bridge Road Enola PA 17025 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County Term: Civil No 09-1427 OBJECTION TO CIVIL, ACTION - EJECTMENT Plaintiff is New York Community Bank s/b/m to Roslyn National Mortgage Corporation. 2. Defendant is Sally J. Harper (and Jerry S. Harper as named above) 3. Defendant objects to the Civil Action - Ejectment received/served by Cumberland County Sheriff and signed by the Cumberland County Office of Prothonotary on March 9, 2009. 4. Reasons for Objection are outlined in the attached document in the form of a letter/statement to Cumberland County Court. WHEREFORE, defendant seeks to rescind a al of said premises. Harp r, fen ant cupant of premises Sally J. Harper 480 Sample Bridge Road Enola, PA 17025 Court of Common Pleas Civil Division Cumberland County Courthouse Carlisle PA 17013 HAND DELIVERED TO COURTHOUSE SENT VIA US MAIL TO PLAINTIFF ATTORNEY Your Honor, Please note that this is being prepared without the assistance of an attorney. I apologize if the format in which I am responding to the Civil Action - Ejectment is incorrect in any way. Please allow me to present some information to the court which I believe will compel the court to rescind the sale of my home through foreclosure action/sheriff's sale. I have lived at 480 Sample Bridge Road since approximately March of 1999. On January 7, 2009, my residence was sold through Sheriff's sale and was purchased back by the mortgage company to whom I paid my mortgage payments, at a price of approximately $1,100. The original Sheriff's Sale date was scheduled for September of 2008. Prior to September of 2008, I was working with the Plaintiff's Loan Modification Department to work out a loan modification to avoid the impending foreclosure action. This put off the date of the Sheriff's sale first to December, and then to January of 2009. Unfortunately, although the proper information had been sent to the Plaintiff, the loan modification was rejected and I received a letter from the Plaintiff informing me that it had been rejected due to my income being "less than the monthly mortgagle payment". This was incorrect and did not correspond to the financial information that I had provided to the Plaintiff. I telephoned the Plaintiff's Loan Modification Department, who was able to pull up my financial information and confirm that they had in fact received the correct financial information, but that an error had occurred that had caused the rejection. I was told that although it was rejected in error, because it is already closed, I would have to begin the entire process of the Loan Modification once again. Although discouraged and upset, I did once again submit all updated financials to the Plaintiff's Loan Modification Department. Please note that this information had to be faxed and sent repeatedly because it was misrouted/misplaced many, many times on their end. I do have phone records of the long distance fax to show the many times that I submitted the same paperwork again and again. Some time went by and I did not hear anything from the Plaintiff or Plaintiff's Attorney, but I did receive a letter in the mail from Plaintiff informing me that because there was serious talk of impending legislation, my foreclosure and loan modification were in a holding pattern, awaiting to see what the legislation may bring that would benefit my situation regarding the foreclosure and/or loan modification. I was told that I did qualify for a possible resolution based upon the information provided. Because the impending legislation did not assist homeowners, the loan modification process and foreclosure process did continue. Close to Christmas, approximately December 26th, I spoke directly by phone to the Loan Modification Department of the Plaintiff, who informed me that on approximately December 17, 2008, the negotiator for the Plaintiff was in talks with the lender who would be assisting with the loan modification. Because no legislation had been passed, I was told that the lender "would not budge" on my 7.75% interest rate at all, and that the best compromise he would offer was an increase of approximately $500 per month on my mortgage payment each months, AND they would also need a lump sump payment of (I believe) $17,000.00. Please note that this was never presented to me after the negotiations between the lender and the negotiator until I had called to find out the status. I was told at that time that the loan modification process was again closed due to the above outcome of the negotiations. I did not, and still do not understand why the offer was not presented to me because I would have agreed to the terms in order to save my home (I have three children also living in the home). The gentleman I spoke with told me he was unsure why that offer was not conveyed to me, and he suggested that I again resubmit my information to see if some of the new legislation still coming through may make a difference in the outcome of negotiations. THE FOLLOWING IS THE SUMMARIZATION OF EVENTS WHICH I FEEL THE PLAINTIFF AND PLAINTIFF'S ATTORNEY MISREPRESENTED THE FACTS TO ME, POSSIBLY PERPETRATING FRAUD WHICH ENDED IN MY HOME BEING SOLD TO FORECLOSURE. I provided the above facts to the Court to show a history of constant communication on my part with the Plaintiff's Loan Modification Department. The Plaintiff had already conveyed that because my financial situation that precluded the foreclosure action was a temporary situation, and one in which I could bounce back to making my payments each month and remain in my home. In December of 2008, I received notice from Plaintiff that there was a Sheriff's Sale scheduled for my property on January 9th, 2009. Several days later, I received another notice from the Plaintiff that the Sheriff's sale would be held on January 7th, 2009. When I spoke to the Loan Modification Department of Plaintiff s company at Christmastime, I quickly resubmitted my paperwork, and the gentleman who provided the guidance on faxing my information once again confirmed with me that the sale was scheduled for January 9th, but that we had "plenty" of time to resubmit a Loan Modification, or to discuss possible "short sale", or "deed in lieu of foreclosure". He explained what each of those meant, but informed me that I could not consider either the "short sale" or the "deed in lieu of foreclosure" at the same time that I am in the Loan Modification process. Believing that I definitely would qualify for a loan modification - even if it meant accepting the offer that came out of the last negotiation, in order to remain in my home. My documents were again faxed to the Loan Modification Department. I also spoke to them to confirm the receipt of the documents. They were received, and they asked me to provide a few additional documents, which I was able to do. I was told that if they were in the midst of negotiating the modification, the sale would be again continued to the next sheriff sale date. I spoke to Loan Modification on January 5th and January 6th, awaiting a decision or at least confirmation that the sale had been postponed. Each time I spoke to anyone from Loan Modification, I would again question them because I had received two notices - one stating the date of sale was January 7th, and one that said the date was set for the 9th. I CONFIRMED THE DATE TO BE THE 9TH BY PLAINTIFF'S REPRESENTATIVES IN THE LOAN MODIFICATION DEPARTMENT, AS WELL AS FROM THE PLAINTIFF'S ATTORNEY. The record stated it was definitely scheduled for JANUARY 9, 2009. I anxiously waited word from the Loan Modification Department. They kept telling me that we still had several days to have it continued, whether it be through a successfully completed Loan Modification, or an alternative route such as the Short Sale or Deed in Lieu of Foreclosure. I had also spoken to my personal attorney who offered Bankruptcy as a resolution in this matter also if it came down to that -- and I was informed that Pennsylvania laws provided me that option up to ONE HOUR PRIOR TO THE SCHEDULED SALE. On the morning of January 7, 2009,1 called my local courthouse at 9:00 AM just to be certain that my home was not in fact on the docket for that day. To my horror, I was told by the Sheriff's office that yes indeed, my home was going up for sale at 10:00 AM. I IMMEDIATELY called my mortgage company (Plaintiff) and was told that the court house was WRONG and that there was no sale scheduled. Not satisfied with that answer, I asked if there was someone else I could speak to so that I could let them know what was going on. I was told that I needed to contact the Plaintiff's Attorney's office because they were handling the matter. They also acknowledged that the Loan Modification was still underway and that we still had several days. The Plaintiff's Attorney's office looked up the foreclosure information for my property and I was assured that the sale was not scheduled for January 7th. I told them that I had spoken to the Cumberland County Court House and they again repeated that the home was not up for sale. I asked "What should I do? The court house thinks they are supposed to sell it?" I was told that, "Ma'am, you need to do nothing. You were told by the mortgage company that your home is not being sold today. You were told by us that the mortgage company's attorney is not selling your home today. We would have to have someone there in order for the sale to occur, and we do not." I called back to the court house and told them what I had been told. The woman told me that she had received nothing in writing from the mortgage company or their attorney, and without something in writing, the sale would proceed. I FRANTICALLY called back to the attorney's office and the mortgage company. They kept repeating to me that the date was NOT January 7th, and they became upset with me because I would not accept the fact that the court house was still telling me'they were selling my home. I had no way of ever knowing that the sale was going to occur because the only information available was through the mortgage company and/or their attorney and both were assuring me that the sale was not going to happen. THE SALE HAPPENED. My home was sold back to my mortgage company on the morning of January 7, 2009 at 10:00 AM. It was sold for the amount of $1,100. I was DEVASTATED. I found out that it had happened by the Plaintiff's Attorney's office because I called them at about 10:30 AM, still trying to work out a Loan Modification before January 9th, 2009, when the gentleman told me that the home did indeed sell. After several hours, when I had collected myself enough to be able to speak, I contacted Plaintiff's Attorney to find out what had happened, how it had happened, and what they were going to do about it. I spoke to Phil Graham, Esquire. He told me that he went through the computer system and he had located where the error had occurred and he called it a "Clerical Error" on their part. Apparently the incorrect date of January 9th had initially been given, but then changed to the January 7th. However, the information HAD NEVER BEEN UPDATED IN THE COMPUTER SYSTEM and that was why no one was able to see the corrected date of sale. No one would have been able to confirm the earlier sale date - not the mortgage company, not the plaintiff s attorney, not the Cumberland County Courthouse because they had it wrong in their system, they provided the wrong date to me, and they themselves were working with the date of January 9th also. I was further told by Attorney Graham that it was a fluke that they had their "bidding team" present at Cumberland County Court House for another home that was selling for another client mortgage company and when they saw my property come up unexpectedly, they just went ahead and bid on it. He stated that they were also confused and did not expect it to come up for sale that day. Attorney Graham, representative of Plaintiff's Attorney, told me that it is quite simple to rescind the sale, especially because the home did not go to a third party. He said that because of the error, he felt that is what would occur and that he personally would make a phone call to his point of contact at the mortgage company and then get back to me. I waited several days for a follow-up from Attorney Graham, however, he did not call back. I called him and left him at least ten phone messages. I finally was able to reach someone who worked directly with Phil, and he informed me that he could pull up the notes that Phil had made, and that he could see that Phil was still awaiting a return call from his point of contact at the mortgage company. He said he would talk to Phil and call me back. In the meantime, I spoke with the mortgage company directly, who informed me that according to the notes on the computer, it was decided that they were "going to let the sale stand". I called Phil's office again and they confirmed this and told me that I needed to get an attorney if I wanted to change the outcome of this horrible event. Your Honor, not only was my loan modification process stopped abruptly due to the sale of the property, I was lied to regarding the date. I don't know or pretend to accuse the mortgage company of doing this on purpose - but they now own my home and are forcing me out without discussing any loan modifications which they even told me I qualify for. They took away 48 hours of rights on my part to file a motion for bankruptcy, short sale, deed in lieu of foreclosure, or any other legal procedures which could have saved my home. I was told the date was incorrect, that the court house was wrong, and that I needed to "take no further action" to ensure that the home would not be sold on January 7th. The Plaintiff's attorneys office, as well as the Plaintiff agreed in their records that they did in fact error on the date, and that there was no way for anyone to know that the date was actually January 7`h. Yet they will not discuss rescinding the sale. My rights were violated. I lost my home that I have paid in for over 8 years at over $4,000 per month. I am just supposed to walk away from nearly $500,000 I have already paid in on this home and they now own it for just $1100? Please, Your Honor, uphold my rights and rescind this sale. I feel that this company possibly perpetrated fraud and I would like to be reimbursed in some way, and I would like my home back. Thank you for your consideration. I am able to produce back-up material and evidence of all of the above. Si erely, Sally J. H e Defendant ^,a ?::' ? -.? s _.. ,.. - -?.- .?, -,?? P? ??? ?? 'r; ?3 ? ??? 7'; _.?Z . _ "" _ _ i . ?`.? "? (.:r e wl .. PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE IDENTIFICATION NO.: 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 New York Community Bank, s/b/m to Roslyn National Mortgage Corporation Plaintiff vs. Jerry S. Harper Sally J. Harper Or Occupants Defendants Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County No. 09-1427 PLAINTIFF'S REPLY TO DEFENDANTS' OBJECTIONS TO CIVIL ACTION-EJECTMENT Plaintiff, New York Community Bank, s/b/m to Roslyn National Mortgage Corporation, by its attorney, Joseph P. Schalk, Esquire, hereby files the within Reply to Objections of Defendants, Jerry S. Harper and Sally J. Harper, and in support thereof, states as follows: Admitted. 2. Admitted. 3. Denied as stated. Plaintiff's Complaint in Ejectment was served upon the Defendant, Sally J. Harper by the Cumberland County Sheriff on March 9, 2009. Plaintiff's Complaint in Ejectment is based upon the fact that Plaintiff is the owner of the property located at 480 Sample Bridge Road, Enola, PA 17025 by virtue of completed Sheriff s Sale conducted on January 7, 2009. Strict proof to the contrary is demanded. A copy of the Sheriffs Deed transferring title of the property to the Plaintiff is attached hereto, incorporated herein and marked as Exhibit "A". 4. Denied as stated. Plaintiff objects to the format of Defendant's Answer to Civil Action in Ejectment. However, in order to properly reply to the letter to attached to the Defendant's Objection to Civil Action in Ejectment, Plaintiff replies as follows On February 9, 2007, Plaintiff filed a Complaint in Mortgage Foreclosure against the Defendants Jerry S. Harper and Sally J. Harper. A copy of the Complaint is attached hereto, incorporated herein and marked as Exhibit "B". Defendant, Sally J. Harper, was served with a copy of the Complaint at the mortgaged premises on March 9, 2007. With respect to Defendant, Jerry S. Harper, Plaintiff filed a Motion for Special Service on or about May 21, 2007, which was granted by the Court on May 30, 2007. The Order granting the Motion for Special Service provided that the Plaintiff could effectuate service of the Complaint by posting the mortgaged premises, publication of the Complaint, and mailing the Complaint by certified and regular mail to the addresses Plaintiff had located for Defendant, Jerry S. Harper. A copy of the Service return is attached hereto, incorporated herein and marked as Exhibit "C". On July 24, 2007, Plaintiff issued to the Defendants a 10-day Notice of Intent to take a Default Judgment by first class mail. Copies of the 10- Day Letters are attached hereto, incorporated herein and marked as Exhibit "D". On August 24, 2007, Plaintiff filed A Praecipe for Default Judgment against the Defendants, which was entered in the amount of $605,305.92. A copy of the Praecipe for Default Judgment is attached hereto, incorporated herein and marked as Exhibit "B". Subsequent to the entry of default judgment, Plaintiff filed a Writ of Execution with the Prothonotary of Cumberland County and scheduled the Property for Sheriff Sale on December 5, 2007. Prior to the December 5, 2007 Sheriff Sale, Plaintiff and Defendant, Sally J. Harper, reached terms on a forbearance agreement, which afforded the Defendant the opportunity to save the home from foreclose. Therefore pursuant to Pa.R.C.P. 3129.3(b), Plaintiff postponed the Sheriff Sale to February 6, 2008. Prior to the scheduled Sheriff s Sale on February 6, 2008, Plaintiff notified its counsel that is had presented the Defendant with an offer for a loan modification and requested that the Sheriff's Sale be stayed. Accordingly, Plaintiff's counsel provided the Sheriff with a letter requesting that the Sheriff's Sale set for February 6, 2008 be stayed. Subsequently, the loan modification negotiations between the Plaintiff and the Defendant fell apart as Defendant indicated that she was unable to make payments under the terms of the proposed loan modification. On May 27, 2008, Plaintiff proceeded to file a second Writ of Execution with the Prothonotary of Cumberland County and scheduled the mortgaged premises for Sheriff's Sale on September 2, 2008. On July 8, 2008, Plaintiff filed a Motion to Reassess Damages in the foreclosure action in order to recover addition interest incurred attorney fees and costs associated with the foreclosure action. On August 12, 2008, this Honorable Court entered an Order granting Plaintiff s Motion for Reassessments of Damages in the amount of $650,730.07. Prior to the scheduled September 3, 2008 Sheriff's Sale, Plaintiff's counsel received a request from Plaintiff to postpone the Sheriff's sale to October 1, 2008 pursuant to Pa.R.C.P. 3129.3(b). Accordingly, Plaintiff's counsel postponed the Sheriff sale as requested. Again, prior to the October 1, 2008 Plaintiff requested that the sale be postponed to Pa.R.C.P. 3129.3(b) to November 5, 2008 at 10:00 a.m. Plaintiff requested these postponements of the Sheriff Sale in order to continue negotiations with the Defendant on possible loss mitigation options. Prior to the November 5, 2008 Sheriff sale, Plaintiff filed a Motion seeking postponement of the November 5, 2008 Sheriff Sale by Court Order pursuant to Pa.R.C.P. 31293(a). On November 4, 2008 the Court granted Plaintiff s request for a further postponement of the Sheriff sale by Court Order. A copy of the Court Order is attached hereto, incorporated herein and marked as Exhibit T'. The Order entered on November 4, 2008 indicated that the sale would be continued to the regularly scheduled Sheriff sale on January 9, 2009. Subsequently on November 5, 2008, the Honorable Edward E. Guido entered an Amended Order of the Court directing that the Sheriff Sale original scheduled for November 5, 2008 be continued to the regular scheduled Sheriff's sale on January 7, 2009 as no sale was actually scheduled for January 9, 2009. A copy of the Amended Order is attached hereto, incorporated herein and marked as Exhibit "G". The amended Order of Court was served upon the Defendants, Jerry S. Harper and Sally J. Harper, as well as Plaintiff's counsel. Unable to reach a 'settlement with the Defendants, Plaintiff executed upon its judgment in Mortgage Foreclosure and exposed the property to Sheriff sale on January 7, 2009. Plaintiff was the successor bidder at Sheriff sale, where it announced upset price of $677,400.00 was made to the assemble bidders and no bidder made a bid in excess of Plaintiffs opening bid of taxes and costs in the amount of $1,200.15. Plaintiff's counsel acknowledges that it received a call from the Defendant, Sally J. Harper, on January 7, 2009 regarding the fact that the property when to sale. Defendants received from the Court an Amended Order clearly stating that the property was scheduled for Sheriff Sale for January 7, 2009 and cannot now complain that she was unaware of the date of the Sheriff's sale. It is further admitted that on January 16, 2009, Phil Graham, an employee with Plaintiff's counsel office spoke to the Defendant, Sally J. Harper regarding the file and the Sheriff's sale. Defendants' representation of the conversation in her letter attached to the Objection to the Complaint in Ejectment is denied as stated. As previously stated, Plaintiff s counsel employee, Phil Graham, notified the Defendant that in fact that an Order was entered on November 4, 2008 postponing the Sheriff's sale until January 9, 2009. However, subsequently an amended Order was entered on November 5, 2008 clarify that the sale was postponed to January 7, 2009 the Court served said Order on all parties. Mr. Graham notified the Defendant that he would review the matter with the Plaintiff and determine if the Plaintiff would be willing to voluntarily set aside the Sheriff sale in order to continue with loss mitigation negotiations. The statements made by the Defendant in her letter concerning the extent of their conversation and the nature of the representation made by Mr. Graham are further denied. On January 21, 2009, after the review of the matter by the Plaintiff, Plaintiff notified its counsel to proceed with post sale proceedings and recording of the Deed transferring title to the property. Plaintiff has determined that the Defendant, Sally J. Harper, who is divorced from the co-Defendant, was unable to afford the mortgage and/or any workout resolution based on the financial information that has been provided. On February 27, 2009, a Sheriff's Deed transferring title of the property was recorded at Instrument No. 200905635. A copy of the Deed is attached hereto, incorporated herein and marked as Exhibit "A". Defendant has taken no action in the underlying foreclosure action to set aside the Sheriffs Sale and any such request at this time would be untimely due the recording of the Deed. Defendant's attempt to have this Honorable Court set aside the Sheriffs Sale in the Ejectment Action is inappropriate as it is a collateral attack on the Foreclosure action. WHEREFORE, Plaintiff respectfully requests that the Court grant the relief as requested in Plaintiff's Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: April 22, 2009 ¦._. EXHIBIT A ?3S 10190 Know all Men by these Presents Tax Parcel No. 38-04-0367-085 1111111111 OOOBGJ That I, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $1.00, (One Dollar), to me in hand paid, do hereby grant and convey to New York Community Bank s/b/m to Roslyn National Mortgage Corporation LEGAL DESCRIPTION . Real Estate Sale No. 64 Writ No. 2007=793 Civil Term New York Community Bank VS Jerry S. Harper and Sally J. Harper Attorney Daniel Schmieg SQ?y?oadd? ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern legal right-of-way line of Sample Bridge Road at the corner of Residual Lot No. 2-A (erroneously described as Lot No.I on prior deed) on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363.26 feet to a point at the southern line of Residual Lot No. 2-A on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Residual Lot No. 2-A North 67 degrees 04 minutes 30 seconds East a distance of 185.00 feet to a point on the western line of land now or formerly of Joey V. Sullenberger and Denise C. Sullenberger; THENCE along said Sullenberger land, South 04 degrees 00 minutes 00 seconds East a distance of 385.00 feet to a point on the northern legal right of way line of Sample Bridge Road; THENCE along the northern legal right-of-way line of Sample Bridge Road South 73 degrees40 minutes 00 seconds West a distance of 179.13 feet to a point at the corner of Residual Lot No.2-A, the point and Place of BEGINNING. BEING comprised of Lot No. 3 as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 21, 1998, last revised January 11, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 78, Page 39 and Residual Lot No. 2-B as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 20, 1999, last revised November 18, 1999, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 80, Page 81. TITLE TO SAID PREMISES IS VESTED IN Jerry S. Harper and Sally J. Harper, husband and wife, by Deed from Jerry S. Harper and Sally J. Harper, husband and wife, dated 02/16/2000, recorded 02/23/2000, in Deed Book 216, page 557. PREMISES BEING: 480 SAMPLE BRIDGE ROAD, MECHANICSBURG, PA 17055 PARCEL NO. 38-04-0367-085 The same having been sold by me to the said grantee on the 7th day of January Anno Domini Two Thousand and Nine (2009) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 28th day of May Anno Domini 2008 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Seven (2007)Number 793 at the suit of New York Community Bank against Jerry S. Harper and Sally J. Harper. In Witness Wereof, I have hereunto affixed my signature this 23rd day of February Anno Domini Two Thousand and Nine (2009) A. Thomas Kline, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Curtis R. Long, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 23rd day of Feb. Anno Domini Two Thousand and Nine (2009) PRMONOTARY, VARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 201.0 I hereby certify xbat-the residence And Post Office address of the Within Grantee is 7495 New Horizon Way Frederick, MD 21703 1-57 Solicitor , ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200905635 Recorded On 2/27/2009 At 1:52:31 PM *Instrument Type - DEED-SHERIFF'S Invoice Number - 38116 User ED - KW * Grantor - HARPER, JERRY S 4'Grantee - NEW YORK COACM[(tNITY BANK * Customer - SHERIFF * FEES STATE WRIT TAR $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CUMBERLAND VALLEY SCHOOL $0.00 DISTRICT SILVER SPRING TOWNSHIP $0.00 TOTAL PAID $49.50 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER OF D "- Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0"W om EXHIBIT B 0 o - -e.1 iT -n n -? rn m -rs Z ?... J ?m -Ic p' csz -? PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 149490 NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY FREDRICK, MD 21703 Plaintiff V. JERRY S. HARPER SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 6"f -- ?j (? .lrl CUMBERLAND COUN'T'Y ? I M., ?. i Vw Defendants RRk CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ?fieto certity the Correa co a true and the OrOW flied Ot File #: 149490 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (2151 563-7000 148490 NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY FREDRICK, MD 21703 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM V. JERRY S. HARPER SALLY L HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 NO. CUMBERLAND COUNTY Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE we 11owy w0in to be vYth? cdrrect copy cdon"lod of rowtd File #: 148490 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 (SEE ATTACHED ESPANOL AVISO) File #: 148490 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 148490 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 148490 1. Plaintiff is NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY FREDRICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: JERRY S. HARPER SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/28/2000 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to ROSLYN NATIONAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1598, Page: 1018. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 10/01/2006 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 #: 148490 6. The following amounts are due on the mortgage: Principal Balance $562,268.03 Interest $17,877.96 09/01/2006 through 02/06/2007 (Per Diem $112.44) Attorney's Fees $1,250.00 Cumulative Late Charges $1,321.69 02/28/2000 to 02/06/2007 Cost of Suit and Title Search 550.00 Subtotal $583,267.68 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $583,267.68 7. 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a 'third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personal judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 148490 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $583,267.68, together with interest from 02/06/2007 at the rate of $112.44 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. PHELAN HALLINAN & SCHMIEG, LLP By: /s F cis S. LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 149490 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern legal right-of-way line of Sample Bridge Road at the corner of Residual Lot No. 2-A (erroneously described as Lot No. 1 on prior deed) on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363.26 feet to a point at the southern line of Residual Lot No. 2-A on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Residual Lot No. 2-A North 67 degrees 04 minutes 30 seconds East a distance of 185.00 feet to a point on the western line of land now or formerly of Joey V. Sullenberger and Denise C. Sullenberger; THENCE along said Sullenberger land, South 04 degrees 00 minutes 00 seconds East a distance of 385.00 feet to a point on the northern legal right of way line of Sample Bridge Road; THENCE along the northern legal right-of-way line of Sample Bridge Road South 73 degrees40 minutes 00 seconds West a distance of 179.13 feet to a point at the corner of Residual Lot No. 2-A, the point and Place of BEGINNING. BEING comprised of Lot No. 3 as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 21, 1998, last revised January 11, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 78, Page 39 and Residual Lot No. 2-B as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 20, 1999, last revised November 18, 1999, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 80, Page 81. File #: 148490 BEING THE SAME PREMISES which Larry M. Nelson and Joan Nelson, husband and wife, by their deed dated March 1, 1999 recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 195, Page 490, and their deed dated February 15, 2000, intended to be recorded immediately prior to this deed, granted and conveyed unto Jerry S. Harper and Salty J. Harper, Grantors herein. PROPERTY BEING: 480 SAMPLE BRIDGE ROAD File #: 148490 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on 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 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.S. Sec. 4904 relating to unworn falsification to authorities. ill ¢e,? FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: C2: (O' 6N ????.. yhrt -?:_ .::... .,•?:::. ...?.::. .x?.;..:..- ....:':>., ...,:'ar..yJ'. ,..? ..wt,:>:a: xY .. ?,. .. ., ? t?,...r ??9? 9 ??t5 EXHIBIT C SHERIFF'S RETURN - REGULAR CASE NO: 2007-00793 P Amended COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEW YORK COMMUNITY BANK VS HARPER JERRY S ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HARPER JERRY S the DEFENDANT , at 1926:00 HOURS, on the 2nd day of July 2007 at 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 by handing to POSTED PROPERTY AT 480 SAMPLE BRIDGE ROAD ENOLA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Amended Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 07/03/2007 PHELAN H:zeputy IEG By: Sheriff ofA. D. CASE NO: 2007-00793 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEW YORK COMMUNITY BANK VS HARPER JERRY S ET AL MICHAEL BARRICK y Sheriff or. Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, sags, the within COMPLAINT - MORT FORE was served upon HARPER SALLY J the DEFENDANT at 1538:00 HOURS, on the 9th day of March 2007 at 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 by handing to SALLY J HARPER 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: So Answers: Docketing 6.00 ' Service .00 1? Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 16.00 03/13/2007 PHELAN HALLINAN S IEG Sworn and Subscibed to By: before me this day De uty Sherif of A.D. EXHIBIT D 0 :;. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 NEW YORK COMMUNITY BANK : COURT OF COMMON PLEAS Plaintiff Vs. JERRY S. HARPER SALLY J. HARPER Defendants TO: JERRY S. HARPER 480 SAMPLE BIDGE ROAD ENOLA, PA 17025 DATE OF NOTICE: JULY 24.2007 CUMBERLAND COUNTY NO. 07-793-CIVIL TERM e cc 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 CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 S• RANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff CIVIL DIVISION PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 NEW YORK COMMUNITY BANK : COURT OF COMMON PLEAS Plaintiff JERRY S. HARPER SALLY J. HARPER Vs. CIVIL DIVISION : CUMBERLAND COUNTY NO. 07-793-CIVIL TERM Defendants TO: JERRY S. HARPER 426 SOUTH 23RD STREET, APT. 202 LEMOYNE, PA 17043 DATE OF NOTICE: JULY 24.2007 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 PURPOSRIF 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 CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 l CIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 NEW YORK CONRAUNITY BANK Plaintiff Vs. JERRY S. HARPER SALLY J. HARPER Defendants TO: SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 DATE OF NOTICE: JULY 24.2007 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY :NO. 07-793-CIVIL TERM FILE Py 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 CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 5. - a - 4N-CM S. HALLINAN, , ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 NEW YORK COMMUNITY BANK Plaintiff Vs. JERRY S. HARPER SALLY J. HARPER Defendants TO: JERRY S. HARPER 3617 N. PINE GROVE AVENUE, APT. 2 E-N CHICAGO, IL 60613 DATE OF NOTICE: JULY 24.2007 y 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 CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 s _ FRANCIS S. HAL INAN, ESQUIRE Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 07-793-CIVIL TERM EXHIBIT E PHELAN HALLINAN & SCH MEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY FREDRICK, MD 21703 Plaintiff, ATTORNE, FCo P ..iE igu RN PY • CUMBERLANI) COUNTY COURT OF COMMON PLEAS CIVIL DIVISION V. NO. 07-793 CIVIL TERM JERRY S. HARPER 3617 N. PINE GROVE AVENUE, APT. 2 E-N CHICAGO, IL 60613 ATTORNEY FILE SALLY J HARPER COPY 480 SAMPLE BRIDGE ROAD PLEASE RETURN ENOLA, PA 17025 Defendant(s). 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 JERRY S. HARPER and SALLY J. HARPE - 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 A $583,267.68 Interest from 02/07/07 to 08/21/07, ?ORNEY FILEC(!038.24 TOTAL ?'' E RMhj605,305.92 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Ru$ 237.1, copy attached. j ATTORNEY FILE COPY ,# Attorney G. for P1 HME6, ESQUIRE PLEASE RETURN .; - DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: J8 ?(? .. _ ... Is? tt- V" K !? 'v P O FROTHY Q 13 C4 148490 "ATTORNEY FILE COPY PLEASE RETURN Know all Men by these Presents 1wpi/90 Tax Parcel No. 38-04-0307-085 OOOBGJ That L R. Thomas Kline, Sheriff of the County of Cumberland, in the State of Pennsylvania, for and in consideration,of the sum of $1.00,. (One Dollar), to me in hand paid, do hereby grant and convey to New York Community Bank s1b1m to Roslyn National Mortgage Corporation . 'Real Estate Sale No. 64 Writ.No. 2007=793 Civil Term New York Commttnit?f Bank VS Jerry S.. Hai pcr and Sally.J. 1-l:arper Attorney Daniel Schaiieg LEGAL DESCRIPTION ??U Sam??? .?ra'? ;?Oad ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern legal right-cif-way line of Sample Brtc ; c Load at the corner of Residual Lot No. 2-A (erroneously described as LotNo.I on prior deer) on the hereinafter described Final Subdivision Plan; THENCE along t>e eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363.2Gfeet to apoint at the southern line.of Residual Lot No. 2-A on the hereinafter described r inal Subdivision Plan; THENCE along the southern line o C said Residual Lot No; 2-A North 67 degrees 04 minutes 30 seconds East a distance of 185.00 feet to a point on the western line of land now or formerly of Joey V. Sulleiiberger and Denise C. Sullenberger; THENCE; along said Sullenberger land, South 04 degrees 00 minutes 00-seconds East a distance of 385.00 feet to a n01:11 on the northern legal right of way line of Samhte Bridge Road; THENCE along the nortlte i ' {,ht-of-%vay line of Sample Bridge Road South 73 debrees40 minutes 00 seconds West a distance of 179. 13 ' ct to a point at the corner of Residual Lot No.2-r\_, tl c point and Place of BEGINi !\'T. BEING comprised of Lot No. 3 as shown on the Final S :hdivision Plan for Larry i\2. !nelson, as prepared byl-fartman and Associates, Inc., dated Octol) 11 revised January 11, 1999, recorded in the Office of the Recorder of Deeds of Cun!` ;nand ousrty in Plan 'gook 78, Page 39 and Residi l Lc ! -E3 as shown on the Final Subdivision Plan for Larry M. Nelson. ns p,:eparcd by Hartman and Associates, Inc., dated October 20, 1999, last revised November 18, 1999. recorded in [lie Cun,?e? la 's Co'_ntty Recorder of Deeds Office in So, Pa,"- 8 1. r PHELAN HALLINAN & SCI MIEG, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-5534 CHRISTINE SCHOFFLER Sale Department, Ext. 1286 August 23, 2007 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: NEW YORK COMMUNITY BANK Vs. JERRY S. HARPER SALLY J. HARPER NO. 07-793 CIVIL TERM Action in Mortgage Foreclosure Premises: 480 SAMPLE BRIDGE ROAD MECHANICSBURG, PA 17055 Dear Sir/Madam: Representing Lenders in Pennsylvania and New Jersey I would appreciate your entering Default Judgment in the above captioned matter, issuing a Writ of Execution on the captioned property, and transmitting the appropriate documents to the Sheriff so that it can be placed on the Sheriffs Sale list for DECEMBER 5, 2007. All of the necessary documents are enclosed, together with my check to your order in the amount of $24.00, and the check to the order of the Sheriff in the amount of $1,500.00, in payment of fees and costs. Kindly send me your receipt and a stamped copy of the Praecipe for Judgment in the stamped self-addressed envelope which I have enclosed. If there are any questions concerning the above matter please contact me immediately. Yours truly, CHRISTINE SCHOFFLER PHELAN HALLINAN & SCHMIEG, L.L.P. CQS Enclosures PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHAHEG Identification No. 62205 Attorney ror Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY CUMBERLAND COUNTY FREDRICK, MD 21703 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. . NO. 07-793 CIVIL TERM JERRY S. HARPER 3617 N. PINE GROVE AVENUE, APT. 2 E-N CHICAGO, IL 60613 SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 Defendant(s). 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 JERRY S. HARPER and SALLY J. HARPER, 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 $583,267.68 Interest from 02/07/07 to 08/21/07 $22,038.24 TOTAL $605,305.92 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rufi,237.1, copy attached. I !A DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff (7 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 148490 PHELAN HALLINAN & SCHMIEG, LLP By. Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 NEW YORK COMMUNITY BANK : COURT OF COMMON PLEAS Plaintiff Vs. JERRY S. HARPER SALLY J. HARPER Defendants TO: JERRY S. HARPER 480 SAMPLE BIDGE ROAD ENOLA, PA 17025 DATE OF NOTICE: JULY 24.2007 : CUMBERLAND COUNTY :NO. 07-793-CIVIL TERM e p 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 CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 RANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff : CIVIL DIVISION PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Haliinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 NEW YORK COMMUNITY BANK : COURT OF COMMON PLEAS Plaintiff JERRY S. HARPER SALLY J. HARPER Vs. : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 07-793-CIVIL TERM Defendants TO: JERRY S. HARPER 426 SOUTH 23RD STREET, APT. 202 LEMOYNE, PA 17043 DATE OF NOTICE: JULY 24.2007 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 CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FAANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By. Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 NEW YORK COMMUNITY BANK Plaintiff Vs. JERRY S. HARPER SALLY J. HARPER Defendants TO: SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 DATE OF NOTICE: JULY 24.2007 : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 07-793-CPAL TERM FILE ('PY 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 CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ?L-- - .5. AA =---- F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By. Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (2151 563-7000 NEW YORK COMMUNITY BANK Plaintiff Vs. JERRY S. HARPER SALLY J. HARPER Defendants TO: JERRY & HARPER 3617 N. PINE GROVE AVENUE, APT. 2 E-N CHICAGO, IL 60613 DATE OF NOTICE: JULY 24.2007 a. pFt .3 ?„ 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 CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU 1AAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HAL INAN, ESQUIRE Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY :NO. 07-793-CIVIL TERM (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NEW YORK COMMUNITY BANK 7495 NEW HORIZON WAY CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. JERRY S. HARPER SALLY J. HARPER Defendant(s). CIVIL DIVISION NO. 07-793 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: DEPUTY If you have any questions concerning this matter, please contact: Attorney for Plaintiff U ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 215 56.3-7000 NEW Y43RK COMMUNITY BANK 7495 NEW HORIZON WAY Plaintiff, V. JERRY S. HARPER SALLY J. HARPER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-793 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, 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 JERRY S. HARPER is over 18 years of age and resides at, 3617 N. PINE GROVE AVENUE, APT. 2 E-N, CHICAGO, IL 60613. (c) that defendant SALLY J. HARPER is over 18 years of age, and resides at, 480 SAMPLE BRIDGE ROAD, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. 'Ar DANIEL G. S MIEG, Ulff Attorney for Plaintiff IF EXHIBIT F IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NEW YORK COMMUNITY BANK 148490 COUNTY COURT OF COMMON PLEAS V. CIVIL DIVISION JERRY S. HARPER SALLY J. HARPER NO. 07-793 CIVIL TERM ORDER AND NOW, this K ' day of 2008, after c • ? , onsideration of Plaintiff s Emergency Motion to Postpone Sheriff s Sale of the mortgaged property, it is hereby ORDERED that the said sale is extended to the regularly scheduled County Sheriff s Sale dated JANUARY 9, 2009.1 No further advertising or. additional notice to lienholders or defendants is required. cc: JERRY S. HARPER 3617 N. PINE GROVE AVENUE, APT. 2 E-N CHICAGO, IL 60613 SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 J. JOSEPH P. SCHALK, ESQUIRE .PHELAN HALLINAN & SCHMIEG 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 TELEPHONE: 215-563-7000 XT 1366 FAX: 215-563-5534 EMAIL: joseph.Schalk@fedphe.com TRUE COPY FROM RECORD "WAMOpy whereof, I here undo set my tarot the NO of said Court At Cle, It Protl?onagrr EXHIBIT G NEW YORK COMMUNITY BANK VS JERRY S. HARPER SALLY J. HARPER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 07-793 CIVIL TERM AMENDED ORDER OF COURT AND NOW, this 5th day of November, 2008, the order of Court dated November 4, 2008, is hereby amended to reflect that the sale is extended to the regularly scheduled County Sheriff's Sale dated January 7, 2009. In all other respects, the previous order shall remain in full force -Are-effe2!t . By t?e Court Edward E. Guido, J. Jerry S. Harper 3617 N. Pine Grove Ave, Apt. 2' E-N Chicago, IL 60613 Sally J. Harper 480 Sample Bridge Road Enola, PA 17025s4 Joseph P. Schalk, Esquire ?.. Phelan Hallinan & Schmieg 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Sheri f f - :mlc VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter 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.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP `??? Date: April 22, 2009 'se P.'Ichalk, Esquire Atto ey for Plaintiff One P nn Center at Suburban Station Suite 400 J.F.K. Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 1. c:':r ?LL Tj. 7 Li3k?9 SIP R c: 4 tj PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE IDENTIFICATION NO.: 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 New York Community Bank, s/b/m to Roslyn National Mortgage Corporation Plaintiff VS. Jerry S. Harper Sally J. Harper Or Occupants Defendants Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County No. 09-1427 CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Reply to Defendants' New Matter was sent via first class mail to the persons listed below on the date indicated: Sally J. Harper Jerry S. Harper 480 Sample Bridge Road Enola, PA 17025 Date: April 22, 2009 E no fri.PR 2-r I ,. w 4. PHELAN HALLINAN & SCHMIEG, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 NEW YORK COMMUNITY BANK S/B/M TO ROSLYN NATIONAL MORTGAGE CORPORATION 7495 NEW HORIZON WAY FREDRICK, MD 21703 Plaintiff V. JERRY S. HARPER OR OCCUPANTS 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1427 CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification executed by Virginia D. Varella, First Vice President of NEW YORK COMMUNITY BANCORP INC., servicing agent for Plaintiff in this matter, for the verification executed by Francis S. Hallinan, Esquire, in connection with the above referenced Civil Action in Ejectment. DATE: CP I 1? ( By: Sheetal R. Shah-J Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 NEW YORK COMMUNITY BANK SB/M TO ROSLYN NATIONAL MORTGAGE CORPORATION 7495 NEW HORIZON WAY FREDRICK, MD 21703 Plaintiff Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1427 V. CUMBERLAND COUNTY JERRY S. HARPER OR OCCUPANTS 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiffs Praecipe to Substitute Verification was served by regular mail on the following parties on the date listed below: JERRY S. HARPER OR OCCUPANTS 480 SAMPLE BRIDGE ROAD ENOLA, PA/11 025 DATE: G n `D SALLY J. HARPER OR OCCUPANTS 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 By: Sheetal R. Shah-Jan squire Attorney for Plaintiff 1 _ VERIFICATION Virginia D. Varella hereby states that he/she is First Vice President of New York Community Bancorp Inc. servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Ejectment are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. O- M1Mk FWVtca ft1! DATE: 6-12-og ?;4HEiALLWIAN?? 'ublic, State of New York .?o. 01 JO4976642 ad in Nassau County ,,sion Expires Jan. 14, RE: # Harper, Jerry # 196753 - 480 Sample Bridge Road, Enola, PA (Nag/ LT) 1 - i 'T TFE IF L U U 3 J ,i ty? 25 t:i t IV' 12 tJ