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Home My WebLink About11-9259SHERIFF'S OFFICE OF CUMBERLAND COUNTY r_ Ronny R Anderson Sheriff ,• a?,??t? ct ??rrrtt?rr{???? , Jody S Smith v ?(1! JAN 20 AM 8; 2 Chief Deputy Richard W Stewart CUMBErcLAHO GOLI 4 ; Solicitor OFFICE J 'PENNSYLVIA[.IA Ray Griffie Case Number vs. . Gerald L. Golden (et al.) 2011-9259 SHERIFF'S RETURN OF SERVICE 12/19/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Gerald L. Golden, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 12/19/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Edna J. Golden, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 01/03/2012 04:05 PM - York County Return: And now January 3, 2012 at 1605 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Edna J. Golden by making known unto Gerald Golden, Husband of Defendant at 201 S. Filey's Road, Dillsburg, Pennsylvania 17019 its contents and at the same time handing to him personally the said true and correct copy of the same. 01/03/2012 04:05 PM - York County Return: And now January 3, 2012 at 1605 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Gerald L. Golden by making known unto himself personally, at 201 S. Filey's Road, Dillsburg, Pennsylvania 17019 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.44 January 17, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF c) Gounty5uae 6her,ft. Teiecsu t In- SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration RAY E. GRIFFIE vs. GERALD L. GOLDEN (et al.) Case Number 11-9259 SHERIFF'S RETURN OF SERVICE 01/03/2012 04:05 PM -DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY HANDING ATRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE GERALD GOLDEN, SPOUSE, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR EDNA J. GOLDEN AT 201 SOUTH FILEY'S ROAD, DILLSBURG, PA 17019. MICHAEL I(ONOVAN, DEPUTY 01/03/2012 04:05 PM -DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: GERALD L. GOLDEN AT 201 SOUTH FILEY'S ROAD, DILLSBURG, PA 17019. MICHAEL NOVAN, DEPUTY SHERIFF COST $75.40 January 12, 2012 SO ANSWERS, RICHARD P K ERLEBER, SHERIFF ------------ ------ ---- - ------------ ----- --- - - ----- - ------ NOTARY Affirmed and subscribed to before me this 12TH day of JANUARY , 2012 tc; CountySuite Shenff . Teleosof't. Inc C?'fY?? - • ??r??)NN O M N A MY co pli t '`\_ S? _:v. 12, 2013 RAY E. GRIFFIE and ELEANOR GRIFFIE, Plaintiffs r -TI 7 IN THE COURT OF COMMON PLEJSgF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2011-9259- CIVIL TERM v. ACTION IN MORTGAGE FORECLOSURE GERALD GOLDEN and EDNA GOLDEN, : : CIVIL ACTION - AT LAW Defendants DEFENDANTS' ANSWER TO CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE AND NOW COME, the Defendants, Gerald Golden and Edna Golden, by and through their counsel, Cunningham & Chernicoff, P.C., and submit their Answer to the Plaintiffs' Complaint in Mortgage Foreclosure as follows: L . Admitted upon belief. 2. Admitted. 3. Admitted. By way of further reply, this allegation refers to a writing which is the best evidence concerning the subject of such an averment. 4. Admitted. By way of further reply, this allegation refers to a writing which is the best evidence concerning the subject of such an averment. 5. Admitted. 6. Admitted. 7. It is admitted that the Mortgage attached as Exhibit "A" to Plaintiff's Complaint contemplated full repayment of the debt secured by the Mortgage by December 20, 2007, but denied that the Mortgage is in default. 8. It is admitted that a Mortgage Modification Agreement (the "Modification") was executed between the parties, extending the time due date of the loan extended to December 20, 2010. 9. This allegation is a conclusion of law to which no response is required. To the extent that a response is judicially deemed to be required, it is specifically denied. By way of further answer, Defendants believe, and therefore aver, that all payments made to date may not have been properly credited and a strict accounting thereof is hereby demanded, if relevant, at the time of trial. Furthermore, Defendants specifically deny the amount set forth for attorney fees as Plaintiff has not established that such fees are fair and reasonable under the circumstances. Additionally, it is believed, and therefore averred, that such fees and costs are not reasonably related to the difficulty or extent of work necessary to complete the litigation initiated in this matter, and strict proof thereof is demanded, if relevant, at the time of trial. No instrument awarding attorney's fees is attached to the Complaint, and without an agreement stating that the Defendants are to pay attorneys fees, such cannot be awarded to Plaintiff. 10. Admitted. 11. Admitted. 12. Defendants admit that an Agreement to Subordinate the Defendant's mortgage 2 was recorded at the office of the Recorder of Deeds of Cumberland County on February 6, 2008; the remaining averments of this paragraph are denied and strict proof thereof is demanded at the time of trial. 13. Admitted. 14. The averments of this paragraph refer to a legal instrument, which itself is the best evidence of the subject matter thereof. By way of further reply, Defendants admit that the Subordination Agreement purports to subordinate the mortgage granted by Defendants to Plaintiffs. 15. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied. Strict proof thereof is demanded at trial. 16. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied. Strict proof thereof is demanded at trial. 17. Defendants deny any implication that Defendants forged any signatures on the Subordination Agreement. As to the averments that the document was fraudulently recorded and has no validity or authority to subordinate Plaintiffs' mortgage, such averments are conclusions of law to which Defendants are advised by counsel that no response is necessary. If, and to the extent a response is judicially deemed to be necessary, Defendants deny the same and demand strict proof to the contrary at trial. WHEREFORE, Defendants Gerald L. Golden and Edna J. Golden, respectfully request that this Honorable Court dismiss Plaintiffs Complaint with prejudice and grant Defendants such further relief as is just and proper. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. By: ?I - Robert E. Chernicoff, Esquire PA ID No: 23320 Nicholas A. Fanelli, Esquire PA ID No: 308136 2320 North Second Street Harrisburg, PA 17110 Date: January 19, 2012 Telephone: (717) 238-6570 4 VERIFICATION I, Gerald Golden, verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. l erald Golden Date: VERIFICATION 1, Edna Golden, verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. /- /z - 7W 4- Edna Golden Date: RAY E. GRIFFIE and : IN THE COURT OF COMMON PLEAS OF ELEANOR GRIFFIE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 2011-9259- CIVIL TERM V. : ACTION IN MORTGAGE FORECLOSURE GERALD GOLDEN and EDNA GOLDEN, : : CIVIL ACTION - AT LAW Defendants CERTIFICATE OF SERVICE. I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff, P.C., certify a true and correct copy of DEFENDANTS' ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE will be served by first class U.S. Mail and/or electronic means on the Bradley L. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 CUNNINGHAM & CHERNICOFF, P.C. Date: January 19, 2012 By. ulieanne Ametrano F \Home\NFANEI,LI\Doeuments\Womex, Inc\Griffie\Answer to Complaint in Mtg Fc recl sure.wpd RAY E. GRIFFIE and IN THE COURT OF COMMON PLEAS OF ELEANOR GRIFFIE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW GERALD L. GOLDEN and EDNA J. GOLDEN, Defendants NO. 11-9259 CIVIL TERM IN RE: PETITION TO INTERVENE ORDER OF COURT AND NOW, this 29`" day of March, 2012, upon consideration of the Petition to Intervene, a hearing is scheduled for Friday, Mqy 11, 20121, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Christylee . Peck, J. ? Scott A. Dietterick, Esq. Ralph M. Salvia, Esq. P.O. Box 650 Hershey, Pa 17033 Attorneys for Intervenor Orrstown Bank Bradley L. Griffie, Esq. 200 North Hanover Street Carlisle, PA 17013 I/Gerald and Edna J. Golden 201 South Fileys Road Dillsburg, PA 17019 :rc INS. Ied me N r - r?;: RAY E. GRIFFIE and IN THE COURT OF COMMON PLEAS OF ELEANOR GRIFFIE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2011-9259 CIVIL TERM GERALD L. GOLDEN and ACTION OF MORTGAGE FORECLOSURE EDNA J. GOLDEN, Defendants CIVIL ACTION - LAW PRAECIPE -- ?- w TO THE PROTHONOTARY: Please mark the above captioned action as withdrawn and discontinued. Date: It'), Sr . Grif e, Esquire -"'-Attorney for Plaintiffs Supreme Court ID No. 34349 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552