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HomeMy WebLinkAbout02-0868FEDERMAN 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, SU1TE 1400 PHILADELPHIA, PA 19103 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE, PTX-B35 PLAON, TX 75024-3632 Plaintiff BRAD S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTER 11539 BUCKSKIN COURT LUSBY, MD 20657 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY CIVIl, ACTION - LAW 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 thc 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 thc 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 thc court without further notice for any money claimed in the Complaint or for any other claim or relief requested by thc 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 COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 3996598 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 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. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE, PTX-B35 PLAON, TX 75024-3632 The name(s) and last known address(es) of the Defendant(s) are: BRAD S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTER 11539 BUCKSKIN COURT LUSBY, MD 20657 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 4/15/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NATILNAL CITY MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1377, Page 483. By Assignment of Mortgage recorded 7/28/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 553, Page 177. 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 10/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 9/1/01 through 2/1/02 (Per Diem $16.46) Attorney's Fees Cumulative Late Charges 4/15/97 to 2/1/02 Cost of Suit and Title Search Subtotal $77,700.11 2,534.84 1,250.00 111.28 55000 $82,146.23 Escrow Credit 456.25 Deficit o 00 Subtotal TOTAL $81,689.98 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a 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 $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $81,689.98, together with interest from 2/1/02 at the rate of $16.46 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. FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUlRE Attorneys for Plaintiff A!J. that certain Unit, being Un£= No. 1428 (the ), of Timber Chase, A Townhome Condominium (the "Unit" ~u~e~nd ,,Condominium"), lo?ated in Hampde? Tpwn~hip! County, Pennsylvania, which Unit is =eslgnaue Declaration of Condominium of Timber Chase, A Townhome Condominium (the .Declaration of Condominium") and ' n Declaratlo Plats and Plans-recorded in the office of the Recorder of Deeds o~ Cumberland county in Miscellaneous Book 508, Page 602 and Right of Way Plan Book il, Page 13; as amended in Miscellaneous Books 513, Page 360; 524, Page 978; 528, Page 938; 533, Page 87; 540, Pag~ 235; and 544, Page 1020; and in Righ~ of Way Plan Book 11, Pages 15, 23, 31, 43, 5% and 66 respectively. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration o~ Condominium, as last amended. TOGETHER wi~h the right to use ~he Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid office, the aforesaid Declaration, and mat~ers which a physical inspection and survey.of the Unit and Common Elements would disclose. BEING part of the same premises which Harris Savings Bank by deed dated May 1, 1995 and recorded in th'e'office of the Cumberland County Recorder of Deeds in'~Deed Book 121, Page 615, granted and conveyed un~o Capitol view Associates, a Pennsylvania general partnership, Grantor herein. PREMISES BEING: 1428 T]/(BER CHASE DP. IVE VERIFICATION BILANDON SCIUMBATO hereby states that he is VICE PRESDENT of COUNTRYW'DE HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure 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 unsworn falsification to authorities. DATE: c:>~//5//0 c~ PLAINTIFF DEFENDANT SERVE AT: AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY COUNTRYWIDE HOME LOANS, INC. NO. 02-868 CIVIL BRAD S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTEH TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action 20821 FdLRLEQUIN LANE CALLAWAY, MD 20620 erensant on tne L ~ daz of ~~ 2n~ =~ ~, ~ ' , ~ in the manor describe~ below: ~ Defendant personally served. ~Adult family me~er with whom .Defendant (~) ~$ide(s).. Adult in charge of Defendant s 'residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: ~ , a competent adult, being duly sworn accor~n~ t9 ,. law, depose and state ~hat I personally ~an~ed to~~-~~ a true and correct copy of the [6~ ~~ ~ issued in the captioned case on the ~ate and at the address indicated above. Sworn to and su~ibed Before me this ~-' day '-~'ETM. SHIPE ~ ~ ~ NOT SERVED On the day of , 2000, at o'clock __.M., Defendant NOT FO~D because: __.Moved Unkno~ __No ~swer Vacant Other: Sworn to and subscribed Before me the day Of 2000. Notary: CZC, Svc Dept. By: ATTORNEY OF PLAINTIFF FRANK FEDERMAN, ESQUIRE - I.D.#12248 Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215)563-7000 PLAINTIFF DEFENDANT SERVE AT: AFFIDAVIT OF SERVICE COUNTRYWIDE HOME LOANS, INC. BRAD S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTER 20821 HARLEQUIN LANE CALLAWAY, MD 20620 - CUMBERLAND COUNTYo o o cz_ Mortgage Fo~osure ~r , . . _ ~ I day_o.f h'~wl~ , , 20~ a~ ~ ~ , ~ in the manne~,~described ~elow: ' I/ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residencJ who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) __~gent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: I~~, a competent adult, being duly sworn ace, orders to . .. law, depose and state that I personally handed to~_6~ a true and correct copy of the issued in the captioned case on the date an~ at the address indicated above. Sworn to and subs~ibed Before me this~$~day Of ~, 20~ · Notary:~~~ND By: im~ 03mm~ ~xP~ NOT SERVED On the''" day of __.M., Defendant NOT FOUND because: __Moved Unknown No Answer Other: , 2000, at o'clock Vacant Sworn to and subscribed Before me the day Of , 2000. Notary: CZC, Svc Dept, By: ATTORNEY OF PLAINTIFF FRANK FEDERMAN, ESQUIRE - I.D.#12248 Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215) 563-7000 SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-00868 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS HIERSTETTER BPJID S ET AL R. Thomas Kline .Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT HIERSTETTER BR3ID S A/K/A BP~AD STEPHEN HIERSTETTER but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT BP~AD STEPHEN HIERSTETTER , NOT FOUND , as to , HIERSTETTER BRAD S A/K/A 1428 TIMBER CHASE DRIVE IS VACANT. DEFENDANT MOVED, LEFT NO FORWARDING. Sheriff's Costs: Docketing 18.00 Service 19.32 Not Found 5.00 Surcharge 10.00 .00 52.32 So answer~- ~J~ ~- ~ R/. Thomas Kllne Sheriff of Cumberland County FEDERMAN & PHELAN 03/11/2002 Sworn and subscribed to before me this /3~ day of ~ ~0o~_ A. D. Pro'ttfonotary SHERIFF'S R~TURN - NOT FOUND CASE NO: 2002-00868 P COMMONWEALTH OF PENNSYLVAiqIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS HIERSTETTER BRAD S ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT HIERSTETTER MARIA A A/K/A MARIA AILENE HIERSTETTER but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT MARIA AILENE HIERSTETTER , NOT FOUND , as to , HIERSTETTER MARIA A A/K/A 1428 TIMBER CHASE DRIVE IS VACANT. DEFENDANT MOVED, LEFT NO FORWARDING. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 R~ Thomas K/ine Sheriff of Cumberland County FEDERMAN & PHELAN 03/11/2002 Sworn and subscribed to before me this /3~ day of ~ ~6~ A.D. Pr~tHonot~'ry ~ ~ ' · 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, INC. 7105 CORPORATE DRIVE, PTX-B35 PLANO, TX 75024 Plaintiff, V. BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER MARIA A. FIEIRSTETTER, A/K/A MARIA AILENE HIERSTETTER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-868 CIVIL Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against BRAD S. HIERSTETTER~ A/K/A BRAD STEPHEN HIERSTETTER and MARIA A. HEIRSTETTER~ A/K/A MARIA AILENE HIERSTETTER, 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 Plaintiff's damages as follows: As set forth in Complaint Interest from 2/2/02 to 4/22/02 TOTAL $81,689.98 $1,316.80 $83,O06.78 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. b-~NK FED~.RMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY 'FEDERMAN'AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103~1814 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. : COURT OF COMMON PLEAS Plaintiff VS. BRAD S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTER : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-868 CIVIL Defendant TO: MARIA A. HIERSTETTER A/K/AMARIA AILENE HIERSTETTER 20821 HARLEQUIN LANE CALLAWAY, MD 20620 DATE OF NOTICE~ APRIL 09. 2002 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 enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~rank Federman, Esquire Attorney for Plaintiff · FEDERMA/~ AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (~15) 56q-'7000 COUNTRYWIDE HOME LOANS, INC. Attomey for Plaintiff : COURT OF COMMON PLEAS Plaintiff VS. BRAD S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTER Defendant TO: : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-868 CIVIL DATE OF NOTICE: ~PRIL 09. 2002 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 enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank' Feder~na~, E~quir~ Attorney for Plaintiff -FEDERMAN'AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 COLTNTRYWIDE HOME LOANS, INC. Attorney for Plaintiff : COURT OF COMMON PLEAS Plaintiff VS. BPuM3 S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTER Defendant (s) : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-868 CIVIL TO: BRAD S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTETTER 20821 HARLEQUIN LANE ~,:~ CALLAWAY, MD 20620 DATE OF NOTICE: APRIL 09. 2002 0 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 BANqfRUPTCY, 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 enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ?rank Fed'e~u~n, Esquire Attorney for Plaintiff FEDERMAN'AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 ~) ~6q-7000 COUNTRYWIDE HOME LOANS, INC. Attorney for Plaintiff : COURT OF COMMON PLEAS Plaintiff VS. BRAD S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER A/K/A MA/~IA AILENE HIERSTETTER : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-868 CIVIL Defendant (s) TO: BRAD S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTETTER 148 TIMBER CHASE DRIVE MECHANICSBURG, PA 17050 DATE OF NOTICE: APRIL 09. 2002 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 enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Attorney for Plaintiff PLAINTIFF DEFENDANT SERVE AT: AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY COUNTRYWIDE HOME LOANS, INC. NO. 02-868 CIVIL BRAD S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTER 20821 HARLEQUIN LANE CALLAWAY, MD 20620 TYPE OF ACTION XX Mortgage Foreclosure XX.. Civil Action Served and made Defendant on the ~- ~ ~ day~. o'clock, ~ · M., at ~1 -- ~ , ~ in the ma~e~described b'elow: ~efendant personally se~ed. Adult family me~er with whom Defendant{s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name / relationship · Manager/Clerk of place of lodging in which Defendant(s) reside{s) Agent or person in charge of Defendant's office or usual place of business, and officer of said defendant company. Other: I _ ~,~-- , a competent adult, being duly sworn acc. ord,i~ to law, depose and state that I personally handed to ~z~ a true and correct copy of the ~"~J~c ~ issued in the captioned case on the date an~ at the address indiuated above. Sworn to and sub_s.T~ibed Before me this~i~ -day Of }%"39-{'~"~~, Notary:~V~~R¥~ND By: ..... ~,-~ NOT SERVED On the~~t9 day of ~M., Defendant NOT FO~ because: Moved U~o~ No ~swer Other: , 2000, at o'clock Vacant Sworn to and subscribed Before me the day Of , 2000. Notary: CZC, Svc Dept. By: ATTORNEY OF pLAINTIFF FRANK FEDERMAN, ESQUIRE - I.D.#12248 Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215) 563-7000 ~PLAiNTiFF /DEFENDANT SERVE AT: AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY COUNTRYWIDE HOME LOANS, INC. NO. 02-868 CIVIL BRAD S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIEKST=x-x'ER A/K/A MARIA AILENEHIEP~T~x-~'~R 20821 HARLEQUIN LANE CALLAWAY, MD 20620 TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action Served and made kno .wD to ~J~[~ ~ %~,~1~ ~f~~-1~- , Defendant on the I-~4~A day~qof.~F~&'~ : , 20~_, 9> ~ ',~D _ o'clock, ~. M.,' at ~O~'~t {-~t~ -- r-- ,~-~f in the manor describe~ below: Defendant personally served. ~Adult family member with whom Defendant(~. r.eside(s). Relationship is ~~: ~-~.~ Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: I,~~ , a competent adult, being duly law~ depose and state that I personally han~ed to~~. 4f~ a true and correct copy of the ~o-~/)6t~/~ i--~ed in the captioned case on the ~ate and at the address indicated above. Sworn to and sq~ibed Before me this~ day ,^~.$H~ -- ~ ~ ~ NOT SERVED On the day of , 2000, at o'clock .M., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: Sworn to and subscribed Before me the day Of , 2000. Notary: CZC, Svc Dept. By: ATTORNEY OF PLAINTIFF FRANK FEDERMAN, ESQUIRE - I.D.#12248 Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215) 563-7000 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PmLA~ELPmA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE, PTX-B35 Plaintiff, Vo BRAD S. I~ERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER MARIA A. ItEIRSTETTER, A/K/A MARIA AILENE I-IIERSTETTER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-868 CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of thc 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 BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER is over 18 years of age and resides at, 20821 HARLEQUIN LANE, CALLAWAY, MD 20620. (c) that defendant MARIA A. HEIRSTETTER, A/K/A MARIA AILENE HIERSTETTER is over 18 years of age, and resides at 20821 HARLEQUIN LANE, CALLAWAY, MD 20620. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. ~RANK FED]~RMAN, 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 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. BRAD S. HIERSTETTER, A/K/A BRAD STEPl~EN HIERSTETTER MARIA A. HEIRSTETTER, A/K/A MARIA AILENE HIERSTETTER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-868 CIVIL 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. Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. BRAD S. HIERSTETTER, A/K/A BRAD STEPI-IEN HIERSTETTER MARIA A. HEIRSTETTER, A/K/A MARIA AILENE I-IIERSTETTER No. 02-868 CIVIL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 4/23/02 to 9/4/02 (per diem -$13.64) TOTAL $83,006.78 $1,841.40 and Costs $84,848.18 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN UNIT, BEING UNIT NO. 1428 .(THE "UNIT"), OF TIMBER CHASE, A TOWNHOUSE CONDOMINIUM (THE "CONDOMINIUM"), LOCATED IN HAMPDEN TOWNSHIP, CUMBERLA~ COUNTY, PENNSYLVANIA, WHICH UNIT IS DESIGNATED IN THE DECLARATION OF CONDOMINIUM OF TIMBER CHASE, A TOWNHOUSE CONDOMINIUM (THE "DEC_LARATIN OF CONDOMINIIUM_ '.').AND DECLARATION PLAT AND PLA.NS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY IN MISCELLANEOUS BOOK 508, PAGE ~02 AND RIGHT OF WAY PLAN BOOK 11, PAGE 13 RESPECTIVELY AS AMENDED. TOGETHER WITH THE UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS APPURTENANT TO THE UNIT AS MORE PARTICULARLY SET FORTH IN THE AFORESAID DECLARATI[ON OF CONDOM~NTUM AS LAST AMENDED. TOGETHER WITH THE RIGHT TO USE THE.LIMITED COMMON ELEMENTS APPLICABLE TO THE UNIT BEING CO._NV'EYED HEREIN, PURSUANT TO THE DECLARATION OF CONDOMINIUIM AND DECLARATION PLATS AND PLANS. T_~ P/~R. CEL ID ~10-15-183-008 PRENISES BEING glqOb'N AS 1428 'TI/~P. CHASE DRIVe, NECNANICSBURG, PA 17055 Vested by Deed, dated 4/14/97, given by Capitol View Associates, a Pennsylvania general pnrtnership to Brad Stephen. 'Hierstetter and Maria Ailene Hierstetter, husband and wife and r~corded 4/28/97 in Book: 156' Page: 546 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 02-868 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRY'*VIDE HOME LOANS INC. Plaintiff (s) From BRAD S. HIERSTETTER, A/FdA BRAD STEPHEN HIERSTETTER, MARIA A. HEIRSTETTER, A/FdA MARIA AILENE HIERSTETTER, 1428 TIMBER CHASE DRIVE, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell PLEASE SEE ATTACHED 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; (b) 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; (2) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $83,006.78 Interest 4/23/02 TO 9/4/02 $1,841.40 (per diem - $13.64) Atty's Comm % Arty Paid $145.32 Plaintiff Paid Date: APRIL 23, 2002 REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE L.L..50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary, Civil Division Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. BRAD S. HIERSTETTER, A/K/A BRAD STEPI4EN I~IERSTETTER MARIA A. HEIRSTETTER~ A/K/A MARIA AILENE HIERSTETTER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-868 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS~ INC., 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 ~1428 TIMBER CHASE DRIVE~ MECHANICSBURG~ PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HEIRSTETTER, A/FdA MARIA AILENE HIERSTETTER 20821 HARLEQUIN LANE CALLAWAY, MD 20620 20821 HARLEQUIN LANE CALLAWAY, MD 20620 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Nanle LIFE BANK Last Known Address (if address cannot be reasonably ascertained, please indicate) 8031 PHILIPS HWY., SUITE 6 JACKSONVILLE, FL 32256 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. Nalne TIMBER CHASE CONDOMINIUM ASSOCIATION Last Known Address (if address cannot be reasonably ascertained, please indicate) 1300 MARKET STREET P.O. BOX 622 LEMOYNE, PA 17042 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Sallie Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1428 TIMBER CHASE DRIVE MECHANICSBURG, PA 17055 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 tree and correct to the best of my personal knowledge or infmmation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. April 19, 2002 DATE FED2mX ' ES UIR Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN I-HERSTETTER MARIA A. Iiq~IRSTETTER, A/K/A MARIA AILENE HIERSTETTER CUMBERLAND COUNTY No. 02-868 CIVIL Defendant(s). April 19, 2002 TO: BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HEIRSTETTER, A/K/A MARIA AILENE HIERSTETTER 20821 HARLEQUIN LANE CALLAWAY, MD 20620 **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 PROPERTY. ** Your house (real estate) at ~ 1428 TIMBER CHASE DRIVE~ MECHANICSBURG~ PA 17055~ is scheduled to be sold at the Shcrif£s Sale on 9/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $83~006.78 obtained by COUNTRYWIDE HOME LOANS~ INC. (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 Sheriffs 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU 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 Sheriffs 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 Sheriffthe 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 UNIT, BEING UNIT NO. 1428.(THE "UNIT"), OF TIMBER CHASE, A ToWN'HousE CONDOMINIUM (THE "CONDOMINIUM"), LOCATED IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, WHICH UNIT IS DESIGNATED IN THE DECLARATION OF CONDOMINIUM OF TIMBER CHASE, A TOWNHOUSE CONDOMINIUM (THE "DEC.I,ARATIN OF CONDOMINIIUM_ .") AND DECLARATION PLAT AND PLANS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY IN MISCELLANEOUS BOOK 508, PAGE 602 AND RIGHT OF WAY PLAN BOOK 11, PAGE 13 RESPECTIVELY AS AMENDED. TOGETHER WITH THE UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS APPURTENANT TO THE UNIT AS MORE PARTICULARLY SET FORTH IN THE AFORESAID DECLARATION OF CONDOMhNTUM AS LAST AMENDED. TOGETHER WITH THE RIGHT TO USE THE.LIMITED COMMON ELEMENTS APPLICABLE TO THE UNIT BEING CO..N-v-EYED HEREIN, PURSUANT TO THE DECLARATION OF CONDOMINIUIM AND DECLARATION PLATS AND PLANS. TAX PARCEL ID /[10-15-183-008 PREHISES BEING KNOI~ AS lZ~28 TI//BER CHASE DRIVE, HECRANICSBURG, PA 17055 Vested by Deed, dated 4/14/97, given by Capitol View Associates, a Pennsylvania genernl partnership to Brnd Stephen. · Hierstetter and Maria Ailene Hier~tetter, husband and wife and recorded 4/18/97 in Book: 156' Page: 546 MARIE B. DAUOHERTY Limited Liability Company COUNTRYWIDE HOME LOANS, INC. Plaintiff VS. BRAD S. HIERSTETTER, et. al. Defendants * * * SUGGESTION OF BJ~I'KRUPTCY COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY CIVIL NO. 02-868 * 20650 301-475-17283 Attorneys for the Debtor CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the ~day of ~ril, 2002, a copy of the foregoing Line was mailed first class mail, postage prepaid, to Frank Federman, 1617 John F. Kennedy Boulevard, Suite #1400, Philadelphia, Pennsylvania, 19103-1814. TO THE CLERK OF SAID COURT: Please be advised that on the 19TH day of April, 2002, BRAD S. HIERSTETTER, the Defendant in the above-captioned case, filed a voluntary petition for bankruptcy in the United States Bankruptcy Court for the District of Maryland in Greenbelt, Maryland, said case being a Chapter 7 and docketed as Case Number 02-14832 dk. Said petition stays all proceedings in this case. Respectfully submitted, FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (.215) 563-7000 COUNTRYWIDE HOME LOANS,INC. Plaintiff · VS. BRAD S. HIERSTETTER MARIA A. HIERSTETTER Defendant(s) ATTORNEY FOR PLAINTIFF : CUMBERLAND County : : Court of Common Pleas .. : CIVIL DIVISION : : NO. 02-868 CIVIL .. ,, _. .. PRAI=I~IPF TO VACATI~ JUDGMENT WITHOUT PR~JUDICF TO THE PROTHONOTARY: Kindly vacate the Judgment which was entered on 4/22/02 against BRAD S. HIERSTETTER and MARIA A. HIERSTETTER, Defendants, in the amount of $83,006.78 relative to the instant matter, without prejudice, upon payment of your costs only. Dated: 5/1/02 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN -~tentification No. 12248 · 'ney for Plaintiff E PENN CENTER AT SUBURBAN STATION J17 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE, PTX-B35 PLANO, TX 75024-3632 Plaintiff, BRAD S. HIERSTETTER A/FdA BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-868 CIVIL PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against BRAD S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTETTER and MARIA A. HlERSTETTER A/K/A MARIA AILENE HIERSTETTER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 2/2/02 to 8/19/02 TOTAL $81,689.98 $3,275.54 $84,965.52 I hereby certify that (1) the addresses of the Plaintiffand Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Attomey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS iNDICATED. PRO PROTItY FEDER2MAN ~'~D PHELAN BY: F~N~ FEDE~&N, ESQL~ Idenfificatio~ No. 12248 1617 3o~ F. Ke~edy Boulev~d Suite la00 P~ladelp~& PA 19103-1814 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff vs. BR3~D S. HIERSTETTER, A/K/A BR3~D STEPHEN HIERSTETTER MARIA A. HIERSTETTER, A/K/A MARIA AILENE HIERSTETTER COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAxX!D COUNTY NO. 02-868 Defendant (s) TO: BRAD S. HIERSTETTER, 20821 HARLEQUIN LA_NE CALLAWAY, MD 20602 A/K/A BP. AD STEPHEN HIERSTETTER DATE OF NOTICE: AUGUST 6, 2002 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, AbrD AN~ INFOPd~ATION 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 enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10/ days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find cut where you can get legal help: CUMB ERL.&ND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff coU~T OF COMMON pLEAS CiViL DiV I-~ ~v CUq~B ERI~_N~D CObqN T '{ NO. 02-565 A/K/A MARIA AILENE HIERSTETTER Defendant TO: MARIA A. }t%ERsTETTEI~, cALLAWAY, 14D 20602 DATE OF NOTICE: AUGUST 6 100~ A~TENDTING T0 COLLECT A DEBT. THIS FI~ IS A DEBT coLLECTOR ~ THIS NOTICE IS sENT TO yOU IN ~N ATTEMPT TO COLLECT TEE I~EBTEDNESS REFERRED TO HEREIN, ~ ~ INFOk~TION OBTAINED yOU w nn USED YOU NOT ~ SHoeD NU'i m CoNSTR~D TO BE ~ ATTEMPT TO COLLECT A DEBT, B~ o~Y AS ENFORCEME~ OF LIEN %GAINST pROPERTY. You are in default b~°U have za~= enter a appearance personally or by attorney and ~ile in writing with the objectionS to 5he claims set forth against a s from the date o~ this court your defenses ~r..4.hin ten (10) ~ Y ...... wqthout a hearing vo= u~lesS you ~c!~7.=~e entered agalnsu. ~22~lTt rights. You non,C=, - ~= ~ r orope~ ~ I~ you do not should take this notice to a la~e~o or telephone the following la~er or ca~Ot afford one, go you can get legal help: office to find out where C~5~ CO~ C~E~.~ CO~ B~ AssOC~TION 2 L~ER~ C~ISLE, PA 17013 (7 l 7) 249-3166 rank Federman, Esqu--ire Attorney for Plaintiff AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY PLAINTIFF COUNTRYWIDE HOME LOANS, INC. NO. 02~868 CIVIL DEFENDANT SERVE AT: BRAD S. HI~STB'TTEK A/K/A B~AD STZP~N HIER~TgTTBR MA/~IA A. HIZRST~TT~R A/K/A MA~IA AILENE HIERSTETTER 30821 NA~L~GUiNLAN~ CALLAWAY, MD 20620 TYPE OF ACTION XXMortgage Foreclosure XX Civil Action Served and made kru~w~ to~~ ~--*'~'~ Defendant on the lq~'' day_o.f ~ , 20~ a~'.~ _ o clock, ~. M., at ~ ~~ ~. C~{~ ~ ..... ~ in the ~described b'elow: ' ~'Defendan= personally se~ed. Adul~ family me~er with whom Defendant(s} reside(s). Relationship is Adult in charge of Defendant's residence who refused ~o give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: ~, a competent adult, being duly sworn accmrdin$ to law, depose and state that I personally handed to 6~g_~, ~- ~-~4~ a true and correct copy of the ~fHut/~%~u-~~ issued in the captioned case on the date an~ at the address indicated , 2000, at o'clock By: NOT SERVED above. Sworn to and su~_~ibed Before me this(~ -day of O'm*~, ~-, On ~heN~f~ day of .M., Defendant NOT FOUND because: Moved Unknow~ No Answer Vacant Other: Sworn to and subscribed Before me the day Of , 2000. No~ary: CZC, Svc D~t. By: ATTORNEY OF PLAINTIFF FRANK FEDERMAN, ESQUIRE - I.D.#12245 Suite 1400 One Perm Center Plaza at Suburban Station Philadelphia, PA ! 9103-1799 (2~)~63-7000 PLAINTIFF DEFENDANT SERVE AT: AFFIDAVIT OF SERVICE ~ COU~-~2'WID~ HO~ LOANS, INC. B~ S. HI~STE~E~ A/K/A B~ S~P~ KIERSTK~ER ~IA A. HIRRSTnz~&aR A/K/A ~A AIL~ HIXRST~sR 20821 ~E~IN ~ ~WAY, ~ 20620 CUMBERLAND COUNTY NO. 02-868 CIVIL TYPE OF ACTION ~ Mortgage Foreclosure ~_ Civil Action Defendant PerS~'ll~ in the mar~r'des~: _ O a ~ se~ed. ~Adult family me~er with whom Def~ndant(~) Ae~ide{s)_ .Adult in charge of Defe~dence who name/reiat ionship. Manager/Clerk of place of lodging in which Defendant(s reside(s) Agent or person in charge of Defendan[ s office or usual place of business· co.any, and officer of said defendant Other: and , a competent adult, being duly Sworn ~ccord/Dg a true and c p '~ssued in the captioned case on the ~ate and a~' the address indicated above. Sworn to and s~ibed Before me thisbe) day -- NO~? SERVED On the day of __.M-, Defendant NOT FOUA~because: , 2000, at o'clock Moved Unknown No Answer O~her: ~ -- Vacant Sworn to and subscribed Before me the _ day Of 2000. NOtary: ' CZC, Sv¢ De. pt_ By: ATTORNEy OF PLAI~--~-~-F ~ FRANK FEDERMAN, E~QI/IRE - 1.D,#12248 Suite 1400 One Perm Center Plaza at Suburban Station Philadelpb. ia, PA 19 ! 03-1799 (2~s) ~63-7000 (MORTGAGE FORECLOSURE) EXECUTION ' pRAECIPE FoRWR1T OF p.R.C.P. 3180-3183 RyvqlDE ItONLE Lo~S' INC. : COUNT plaintiff, : BRAD S. B1ERsTETTER A/K/A BRAD STEPI~N i:~iERSTETTEP' MARIA A. h. iERsTETTER A/K/A MARIA AILF~NE i:[iERSTETTER Defendant(s)' TO TIlE DIiLECTOR OF TIlE OFFICE OF THE pKOTIIoNOTAKY: No. 02-86g cIVIL Issue writ of execution in the above matter: $84,965.52 Amount Duc Interest from 8/20/02 to DECEMBER 4, 2002 (per diem .$13.97) $ 1,494.79 and Costs $86,460.31 TOTAL One penn Center at Suburban Station 1617 lohnF. Kennedy Boulevard, Suite 1400 philadelphia, P A 19103 - 1814 Attorney for plaintiff Note: please attach description of property.No- led by Deed, dated 4/14/97, glvcz~ by Capitol View Asso~ates, a Pennsylvaaia genera/partnership to Brad Stephen ~tetter and Mar/a Mlene Hierstetter, hnsbaod aud wiia~d recorded 4/28/97/n Book: 156 Page: 546 FEDERMAN 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 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. Plaintiff, Vo BRAD S. HIERSTETTER A/K/A BRAD STEPI~N H1ERSTETTER MARIA A. H1ERSTETTER A/K/A MARIA AILENE HIERSTETTER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-868 CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in 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. RANK Attorney for Plhintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff, BRAD S. H]ERSTETTER A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER AIK/A MARIA AILENE HIF, RSTETTER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-868 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) .COUNTRYWIDE HOME LOANS~ INC., 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 ~1428 TIMBER CHASE DRIVE~ MECHANICSBURG~ PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BRAD S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTER 20821 HARLEQUIN LANE CALLAWAY, MD 20620 20821 HARLEQUIN LANE CALLAWAY, MD 20620 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: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name LIFE BANK Last Known Address (if address cannot be reasonably ascertained, please indicate) 8031 PHILLIPS HIGHWAY, SUITE 6 JACKSONVILLE, FL 32256 5. Name and address of every other person who has any record lien on the property: Name 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. Nalne TIMBER CHASE CONDOMINIUM ASSOCIATION Last Known Address (if address cannot be reasonably ascertained, please indicate) 1300 MARKET STREET PO BOX 622 LEMOYNE, PA 17042 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Last Known Address (if address cannot be reasonably ascertained, please indicate) 1428 TIMBER CHASE DRIVE MECHANICSBURG, PA 17055 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 unswom falsification to authorities. August 13, 2002 DATE ]~RANK FEDI~RMAN, ESQUIRE Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff, BRAD S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER AIK/A MARIA AILENE HIERSTETTER Defendant(s). TO: BRAD S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTETTER 20821 HARLEQUIN LANE CALLAWAY, MD 20620 CUMBERLAND cOUNTY No. 02-868 CIVIL August 13, 2002 MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTER 20821 HARLEQUIN LANE CALLAWAY, MD 20620 **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 RTE** ANATTEMPTTOCOLLECTADEBT, BUTONLYENFORCEMENTOFALIENAGAINSTPROPE ' Your house (real estate) at ~ 1428 TIMBER CHASE DRIVE~ MECHANICSBURG~ PA 17055~ .is scheduled to be sold at the Sheriff's Sale on pECEMBER 4 2_~.~002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $84~965.52 obtained by COUNTRYWIDE HOME LOANS~ INC. (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 3 ! 29.3. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU 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 Sheriffs 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 Sheriffwithin 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 YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER ~F'S SALE DOES TAKE PLACE. l. If the Sheriffs Sale is not stopped, your property will be sold to thc highest bidder. You may find out the price bid by calling ~' 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. - To amount due m the sale. The sale will go through only if the buyer pays the Sheriff the full 3. you may call (717) 240-6390. find out if this has happened, 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. to remain in the property until the full amount due is paid to the Sheriff 5. You have the right the buyer may bring legal proceedings to evict and the Sheriff gives a deed to the buyer. At that time, A schedule of of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This you. You may be entitled to a share of the money which was paid for your house. 6. out in accordance with distribution .... filed with the schedule will state who will be receiving that money. The money will be paid this schedule unless exceptions (reasons why the proposed d~stribut~on ~s wrong) are 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. IF YOU DO NOT HAVE YOU SHOULD TAKE THIS pAPER TO YOUR LAWYER AT ONCE. 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 FEDERMAN 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, INC. 7105 CORPORATE DRIVE, PTX-B35 Plaintiff, BRAD S. HIERSTETTER A/FdA BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER A/FdA MARIA AILENE H1ERSTETTER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-868 CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin 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 BRAD S. HIERSTETTER A/FdA BRAD STEPHEN HIERSTETTER is over 18 years of age and resides at, 20821 HARLEQUIN LANE, CALLAWAY, MD 20620 . (c) that defendant MARIA A. HIERSTETTER A/FdA MARIA AILENE HIERSTETTER is over 18 years of age, and resides at, 20821 HARLEQUIN LANE, CALLAWAY, MD 20620. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. PRANK FED~RMAN, ESQUII~ Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-868 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From BRAD S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTETTER, MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTER, 20821 HARLEQUIN LANE, CALLAWAY, MD 20620 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) Y°u are als° directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) 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 pr°perry °f the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $84,965.52 L.L. Interest FROM 8/20/02 TO 12/4/02 (PERDIEM - $13.97) $1,494.79 AND COSTS Atty's Comm % Due Prothy $1.00 AttyPaid $171.82 Other Costs Plaintiff Paid Date: AUGUST 20, 2002 (Seal) CURTIS R. LONG Prothonotary Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: O/~E PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 FEDERMANAND PNELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. vs. BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER, A/K/A MARIA AILENE HIERSTETTER ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-868 CIVIL PRAECIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY: Kindly enter a Rule upon BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER & MARIA A. HIERSTETTER, A/K/A MARIA AILENE HIERSTETTER, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 COUNTRYWIDE HOM~ LOANS, INC. vs. BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER, A/K/A MARIA AILENE HIERSTETTER ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-868 CIVIL PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. This is an action in Mortgage Foreclosure in which Judgment was entered by default dated AUGUST 20, 2002 in the amount of $84,965.52. 2. A Sheriff's Sale of the mortgaged premises was postponed or stayed for the following reasons: The Defendant(s) filed a Chapter 7 Bankruptcy (#02- 14832MD} filed on APRIL 19, 2002. Plaintiff obtained relief from the automatic stay by the Order of Court dated JUNE 28, 2002. 3. The mortgaged premises are listed for Sheriff's Sale on DECEMBER 4, 2002. 4. Additional sums have been incurred or expended on Defendant(s)' behalf during the time the sale was postponed or stayed, and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount 9/1/01 through 12/4/02 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 77,700.11 7,466.66 111.28 1,550.00 1,271.00 0.00 142.50 0.00 0.00 606.14 TOTAL $88,847.69 5. Under the terms of the mortgage, Plaintiff is entitled to inclusion of the figures set forth in paragraph four in the amount of judgment against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. Daniel G. Schmieg, ESQUIRE Attorney for Plaintiff -2- FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7Q00 COUNTRYWIDE HOME LOANS, INC. BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER, A/K/AMARIA AILENE HIERSTETTER ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 02-868 CIVIL BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAHAGES I. BACKGROUND OF CASE Plaintiff and Defendant(s) Agreement, wherein Defendant(s) entered into a Promissory Note and Mortgage agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub judicia, Defendant(s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant(s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. $.RGUM~TT FOR REASSESS~A~T OF DAF~AGES The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation...,, In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa. Super 55, 59, Home Mortqage Corporation of the Southwest v. 1988). 142 A.2d 319, 321 (1958); Chase Good, 537 A.2d 22, 24 (Pa. Super In Chase Home Mortqaqe, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "...could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement...,, Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, until the date of sale. 826 (1939). Therefore, Plaintiff Plaintiff must protect its collateral up See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, No. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. FEDERMAN AND PHELAN, LLP. DANIEL G. SCHMIEG, ESQUIRE ATTORNEy FOR PLAINTIFF ?-:C z~: c.:...il... .' ,. IR' FEDERAL NATION~~ HORTGAG~ ASSOCIATION 'JOSEPH JEFF~-/{SON' and. ROSIB JEFFERSON, his '~ COU.%? OF COZMOt~ PLEnS PHiLAD~"LP!~IA C O.U rl'FY 2359 ORDER AND OPINION -:Ialn~iff, Federal National r~or~.~aqe Associauion's Petition for Reconsideration .~iunc Pre Tune cf this Court's Order of November 7, ~985 and :he Answer th~$r~te of Defehdant~, Joseph Jefferson and Rosie Jefferson, it is hereby'ORDE-~D and DEC.REED aa 'fol 10~s !) Said P~-on is GRANTED; ' 2) ~~r~'s Order of Nove~er 7, 198~ ~ ~." . ~.~., . , ~ZVZRSZD ar,~ ~aintiff'~ Me,ion. for R'ea~sessmen~. ~TED; '%' ' ' 4 ~' ' · Because Plaintiff was r~q~'ired to ac::~p~ curr¢:nt mot=gage payments u.uo~ the f.iling of,Defendants' bankrup=¢:y peti~ioh and in fact did so, it is necessary ',o ruass(.'sz ~-he amount of damages that lni~ia!!y were assessed judg~nt by ~efault was' entered in ~his action. Because Defe~nts have no= r=futed the specific amcun=s c/aimed by Plain~iff in the £ns~ant Motion for Reassessment, this Court fin~ that Defendants have admitted the~e amounts,, pursuant to Pa. R.C.P. BY TH~ COURT: THOMAS A. WHITE, VERIFICATION and correct to the best of undersigned understands that penalties of 18 Pa. C.S. authorities. Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true his knowledge, information and belief. The this statement herein is made subject to the §4904 relating to unsworn falsification to DATE: October 25, 2002 Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. vs. BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER, A/K/A MARIA AILENE HIERSTETTER ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-868 CIVIL AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on October 25, 2002. BRAD S. HIERSTETTER MARIA A. HIERSTETTER 20821 HARLEQUIN LANE CALLAWAY, MD 20620 DATE: October 25, 2002 Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 COUNTRYWIDE HOME LOANS, INC. VS. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER, A/K/A MARIA AILENE HIERSTETTER NO. 02-868 CIVIL RULE ~ NOW. this ~Z~ day of ~0~~/,2002, a Rule is entered upon BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER & MARIA A. HIERSTETTER, A/K/A MARIA AILENE HIERSTETTER, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE BY THE COURT: FEDERMANAND PHELAN, LLP. by= Daniel 6. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. vs. BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER, A/K/AMARIA AILENE HIERSTETTER ATTORneY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 02-868 CIVIL CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of December 4, 2002 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on November 14, 2002. BRAD S. HIERSTETTER NARIA A. HIERSTETTER 1428 TIMBER CHASE DRIVE MECHANICSBUR~, PA 17055 Date: November 14, 2002 Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-?000 COUNTRYWIDE HOME LOANS, INC. vs. BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER, A/K/A MARIA AILENE HIERSTETTER ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 02-868 CIVIL MOTION TO N~%KE RULE ABSOLI~.~E Plaintiff, by its Attorney, Daniel G. Schmieg, Es~ire, here~ petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages was filed with the Court on Nove~er 14, 2002 and Rule was entered upon Defendant(s) BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER & MARIA A. HIERSTETTER, A/K/A MARIA AILENE HIERSTETTER on Nove~er 14, 2002 to show cause why the Order for Reassessment should not be entered. A true and correct copy of the Rule is attached hereto as E~ibit A. 3. The Rule to Show Cause was timely s.e~ed upon all parties in accordance with the applicable Rules of Civil ProcedUre, and a Certification of Se~ice is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of Dece~er 4, 2002. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. Daniel G,. Schmieg, Esquire Attorney for Petitioner NOV 0 1 2002 ~EDEP. MAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire A~=¥. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. vs. ATTORR%~Y FOR PLAINTIFF CUM~E~ COUNTY. COURT OF COMMON PLEAS CIVIL DIVISION BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER, A/K/AMARIAAILENE HIERSTETTER ~O. 02-868 CIVIL RULE A~rD NOW, Chis day of q~ ~ upon BRAD S. HIERSTETTER, A/K/A BPu%D STEPHEN HtERS~T~R, A/K/A ~IA AIL~ HIERS~R, Defendant(s) to show cause why zhe attached Order for Reassessmen~ of Damages should not be entered. R~E RE~LE the- ,dav of ~ · ,2002, a Rule is entered HIERSTETTER & MA~IA A. BY T~IE/OtTRT: In T~mony whereof, 1 her~ unto set my hand and~ seal nf saiJ Coud ~Carliste. Pa. ,. _ . FEDERMAN AND PHELAN, LLP. ./ by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 1215) 563-7000_ COUNTRYWIDE HOME LOANS, INC. ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION vs. BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER, A/K/AMARIA AILENE HIERSTETTER NO. 02-868 CIVIL C~RTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby~ certify that: a '~opy of the Rule Returnable Date of December 4, 2002 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on November 14, 2002. BRAD S. HIERSTETTER MARIA A. HIERSTETTER 1428 TIMBER CHASE DRIVE M~CHANICSBURG, PA 17055 Date: November 14, 2002 Daniel G. Schmleg, Esqui2e Attorney for Plaintiff VERIFICATION Daniel G. Schmieg, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: December 6, 2002 Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (21~) 56~-?000 COUNTRYWIDE HOME LOANS, INC. BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER, A/K/A MARIA AILENE HIERSTETTER ATTORNEY FOR PLAINTIFF ,CUMBERLAND COUNTY .COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-868 CIVIL C~gTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Motion to Make Rule Returnable has been sent to the indicated below on December 6, 2002. BRAD S. HIERSTETTER MARIA A. HIERSTETTER 1428 TIMBER CHASE DRIVE MECHANICSBURG, PA 17055 Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: December 6, 2002 FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. vs. BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER, A/K/A MARIA AILENE HIERSTETTER FOR PLAINTIFF : CUMBERLAND COUNTY ,COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 02-868 CIVIL ORDER AND NOW, this I~' day of ~-~ ,2002, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule entered upon Defendant(s) shall be and is hereby made absolute and Plaintiff's Petition is GRA/qTED and it is further ORDERED that the Prothonotary reassess the damages in this case as follows: Principal Balance Interest Amount 9/1/01 through 12/4/02 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit TOTAL 77,700.11 7,466.66 111.28 1,550.00 1,271.00 0.00 142.50 0.00 0.00 606.14 $88,847.69 Plus interest per diem from 12/4/02 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY TH,~-COURT: , / FEDERMAN AND PHELAN, L.L.P. BY: FRANK FEDERMAN, ESQUIRE ATTORNEY I.D. NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO: 02-868 CICIL Vo BRAD S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTER CUMBERLANDA COUNTY MOTION FOR POSTPONEMENT OF SI-WliIFF'S SALE Plaintiff, by its counsel, Federman and Phelan, petitions this Honorable Court for a 2 month postponement of its Sheriff's Sale scheduled in the above captioned matter and in support thereof avers the following: for 3/5/03. A Sheriff' s Sale of the mortgaged property involved herein has been scheduled 2. Plaintiff has been unable to have the Notice of S,fle served upon the Defendant(s) within the thirty day time limit set forth by Pennsylvania Rule of Civil Procedure 3129. 3. A 2 month postponement of the Sheriff' s Sale served upon the Defendant(s). WHEREFORE, Plaintiff respectfully requests that the Sheriff' s Sale of the mortgaged premises be continued to 5/7/03. FEDERMAN AND PHELAN BY: .~;~ FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN, L.L.P. ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN, L.L.P. BY: FRANK FEDERMAN, ESQUIRE ATTORNEY I.D. NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWDE HOME LOANS, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO: 02-868 CICIL Vo BRAD S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTEITER 11539 BUCKSKIN COURT LUSBY, MD 20657 MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTER 11539 BUCKSKIN COURT LUSBY, MD 20657 CUMBERLANDA COUNTY CERTIFICATION OF SERVICE I, Frank Federman, Esquire, hereby certify that a copy of' the Motion to Postpone Sheriff's Sale relative to the above matter has been sent to the individuals indicated below on .2/3/03. BRAD S. mERSTETTER A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER A/K/A MARIA AILENF, HIERSTETTER 11539 BUCKSKIN COURT 11539 BUCKSKIN COURT LUSBY, MD 20657 LUSBY, MD 20657 FRANK FEDERMAN, ESQUIRE ATrORNEY FOR PLAINTIFF 2/3/03 FEB 0 5 2003 FEDERMAN AND PHELAN, L.L.P. BY: FRANK FEDERMAN, ESQUIRE ATTORNEY I.D. NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWDE HOME LOANS, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO: 02-868 CICIL Vo BRAD S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTER CUMBERLANDA COUNTY ORDER AND NOW, this 7 r day of ~r~a~ , 2,carl , after consideration of Plaintiffs Motion to Postpone Sheriffs Sale of the mortgaged property, it is hereby ORDERED that the said sale is extended 2 month(s) to 'the regularly scheduled CUMBERLANDA County Sheriffs Sale dated 5/7/03. No further advertising or additional notice to lienholder or defendant(s) is required. BY TI-IX COURT: Jo FEDERMAN AND PHELAN, L.L.P. BY: FRANK FEDERMAN, ESQUIRE ATTORNEY I.D. NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION ]510:02-868 CICIL Vo BRAD S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTER CUMBERLANDA COUNTY MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, Federman and Phelan, petitions this Honorable Court for a 2_ month postponement of its Sheriff's Sale scheduled in the above ,captioned matter and in support thereof avers the following: for 3/5/03. A Sheriff's Sale of the mortgaged property involved herein has been scheduled 2. Plaintiff has been unable to have the Notice of Sale served upon the Defendant(s) within the thirty day time limit set forth by Pennsylvania Rule of' Civil Procedure 3129. 3. A 2 month postponement of the Sheriff's Sale served upon the Defendant(s). WHEREFORE, Plaintiff respectfully requests that the Sheriff's Sale of the mortgaged premises be continued to 5/7/03. FEDERMAN AND PHELAN BY: -;~ FRANK FEDERMAN, ESQUIRE Aq[q'ORNEY FOR PLAINTIFF FEDERMAN AND PHELAN, L.L.P. ATTORNEY FOR PLAINTIFF BY: FRANK FEDERMAN, ESQUIRE ATTORNEY I.D. NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. COURT OF COMMON PLEAS CIVIL DIVISION NO: 02-868 CICIL BRAD S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTE'ITER MARIA A. H[ERSTETTER A/K/A MARIA AILENE HIERSTETTER CUMBERLANDA COUNTY PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure 3129, it is now necessary in a foreclosure action for the Sheriff to serve upon the Defendant(s) notice of the sale of the mortgage premises. If the Defendant's whereabouts are unknoma, a reasonable investigation of the whereabouts must be made and a petition filed with the Court seeking alternative service of the Complaint. Pa. R.C.P. 3129 (b) (2) provides in part: (2) The written notice prepared by the plaintiff shall contain the same information as the handbills or may consist of the handbill and shall be served by the Sheriff as least thirty (30) days before the sale on all persons whose names and addresses are set :forth in the affidavit required by subdivision (a). The plaintiff shall direct the Sheriff to make service either: (i) in the manner prescribed by Rule 402 for the service of original process upon a defendant. (ii) Or by mailing a copy... In order for the Plaintiff to successfully make service of the notice at least thirty days prior to the sale, simple restrictions require a 2 month postponement of the sale. Accordingly, Plaintiff respectfully requests a 2 month continuance of the Sheriff's Sale of the mortgaged premises to the 5/7/03 sale. RESPECTFULLY SUBMITTED: FEDE1]aMAN AND PHELAN FRANK FEDERMAN, ~ ATTORNEY FOR PLAINTIFF .VERIFICATION Frank Federman, Esquire, hereby states that he is the attorney for the plaintiff in this action, that he is authorized to take this verification, and that the statements made in the foregoing Motion for Postponement of Sheriff's Sale are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unswom falsification to authorities. Date: 2/3/03 FR)JgK FEDERMAN, ESQUIRE ATI?ORNEY FOR PLAINTIFF FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. No.: 02-868 BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTER MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail to Defendant's last known address. 1. Attempts to serve the Defendant(s) with the Notice of Sale have been unsuccessful, as indicated by the Affidavit of Service attached hereto as Exhibit "A." 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the result there from is attached hereto as Exhibit "B." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. FRANK FiEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. VS. BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTER MEMORANDUM OF LAW ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 02-868 Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs remm of"Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Affidavit of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B." WHEREFORE, Plaintiff respectfully requests service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted: ~..~ FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF EXHIBIT A Countrywide Home Loans, Inc. VS Brad S. Hierstetter a/k/a Brad Stephen Hierstetter and Mafia A. Hierstetter a/k/a Maria Ailene Hierstetter In The Court of' Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-868 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice and Description in the following manner: The Sheriff mailed a copy of the pendency of the action by certified mail, restricted delivery, deliver to addressee only, return receipt requested, to one of the within named defendants, to wit: Brad S. Hierstetter a/k/a Brad Stephen Hierstetter to his last known address of 20821 Harlequin Lane, Callaway, MD 20620. This letter was mailed on August 30, 2002. The unopened letter was returned to the Sheriffs Office on October 3, 2002 with the reason checked "UNCLAIMED." R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice and Description in the following manner: The Sheriff mailed a copy of the pendency of the action by certified mail, restricted delivery, deliver to addressee only, return receipt requested, to one of the within named defendants, to wit: Mafia A. Hierstetter a/k/a Maria Ailene Hierstetter to her last known address of 20821 Harlequin Lane, Callaway, MD 20620. This letter was mailed on August 30, 2002. The unopened letter was returned to the Sheriffs Office on October 3, 2002 with the reason checked "UNCLAIMED." Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 2, 2002 at 12:05 o'clock P.M., he posted a tree copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Brad S. Hierstetter a/k/a Brad Stephen Hierstetter and Maria A. Hierstetter a/k/a Mafia Ailene Hierstetter located at 1428 Timber Chase Drive, Mechanicsburg, Pennsylvania, according to law. Sworn and Subscribed to Before Me This 2002, A.D. __ Day of Prothonotary So Answers: R. Thomas Kline, Sheriff Real Estat~l)eputy PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE COUNTRYWIDE HOME LOANS, INC. BRAD S. HIE~TETTER A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTER SERVE MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTER AT 20821 HARLEQUIN LANE CALLAWAY, MD 20620 CUMBERLAND COUNTY KMD No. 02-868 CIVIL ACCT. #3996598 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 4, 2002 SERVED Served and made known to , Defendant, on the day of ,200_, , Commonwealth at , o'clock __.rn., at of Pennsylvania, in the manner described below: Defendant personally served. ..Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). ~Agent or person in charge of Defendant(s)'s office or usual place of business. " an officer of said Defendant(s)'s company. Other: Race ~ Sex ~ Other Description: Age ~ Height ~ Weight I, ..., a competent adult, being duly sworn according 'to law, depose and state that I personally handed a tree and correct copy of the Notice of Sheriff's Sale. in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this .~ day ~ of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED ~I1 ~he day of ,200__, at .~ o'clock __.rr~, Defendant NOT FOUND because: ~ Moved ~ U~o~ No ~wer ~ Vacant Attorney for Plaintiff PLAINTIFF AFFIDAVIT OF SERVICE COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) BRAD S. ltlERSTETTER A/K/A BRAD STEPItEN HIERSTETTER MARIA A. ItlERSTETTER A/K/A MARIA AILENE HIERSTETTER SERVE BRAD S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTETTER AT 20821 HARLEQUIN LANE CALLAWAY, MD 20620 CUMBE1LLAND COUNTY KMD No. 02-868 CIVIL ACCT. #3996598 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 4, 2002 SERVED Served and made known to .., Defendant, on the day of ,200_, , Commonwealth at .... o'clock __.m., at of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is ~Adult in charge of Defendant(s)'s residence who refused to give name or relationship. ~Manager/Clerk of place of lodging in which Defendant(s) reside(s). .Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Height ~ Weight ~ Race ~ Sex ~ Other _, a competent adult, being duly sworn according to law, depose and state that I personally handed I, a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed ~ before me this ~ day of .., 200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. e day of .., 200__, at Moved ~ Unknown ~ No Answer ~ttempt: [ / ~/~Time: ~,\' -'~Attempt:[~-~ 3~ /C~T~me: ~49 .~nto and subscribed ~, ~ ~fl~ i~~ ~ 12z48 NOT SERVED o'clock __.m., Defendant NOT FOUND because: Vacant 2"a Attempt:J[ 0 /¢ PA-Cuberland County District Court COUNTRYVVlDE HOME LOANS, INC. PLAINTIFF(S) , V. BRAD S. HIERSTETTER DEFENDANT(S) Case# 02-868 Civil I declare that I am a citizen of the United States, over the age of eighteen and not party to this action. And that within the boundaries of the state where service was effected, I was authorized by law to perform said service. AFFIDAVIT OF NON-SERVICE Attempted service on on at MARIA A. HIERSTETTER FEBRUARY 6, 2003 at 12:00 AM 11539 BUCKSKIN CT, LUSBY, MD 20657 NON-SERVICE GIVEN ADDRESS IS NO LONGER VALID I dec, re under penalty/o{ perjury that the information contained hereiin is true, correct, and this affidavit wa~/e¥cuted on TueSday, February 18, 2003, Baltimore, MD. ANTOIfllO PENNACCHIA AP Legal Support Services, Inc. 2522 N. Calvert Street Baltimore, MD 21218 (410) 366-9109, (410) 366-9403 (Fax) Job #7995 PA-Cuberland County District Court COUNTRYWIDE HOME LOANS, INC. PLAINTIFF(S) V. BRAD S. HIERSTETTER DEFENDANT(S) Case # 02.,868 Civil I declare that I am a citizen of the United States, over the age of eighteen and not party to this action. And that within the boundaries of the state where service was effected, I was authorized by law to perform said service. AFFIDAVIT OF NON-SERVICE Attempted service on on at BRAD S. HIERSTETTER FEBRUARY 6, 2003 at 12:00 AM 11539 BUCKSKIN CT, LUSBY, MD 20657 NON-SERVICE GIVEN ADDRESS NO LONGER VALID I declare under penalty of perjury that the information contained herein is true, correct, and this affidavit w executed on Tue February 18, 2003, Baltimore, MD. ANTONIO PENNACCHIA AP Legal Support Services, Inc. 2522 N. Calvert Street Baltimore, MD 21218 (410) 366-9109, (410) 366-9403 (Fax) Job #7994 EXHIBIT B SKN Data Research Inc. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 3-5193PA Attorney Firm: Federman & Phelan Subject: Brad S. Hierstetter & Maria A. Hierstetter Current Address: 11539 Buckskin Ct. Lusby, MD 20657 Property Address: 1428 Timber Chase Dr. Mechan:icsburg, PA 17055 Mailing Address: 11539 Buckskin Ct. Lusby, MD 20657 I Scott Nulty, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Brad S. Hierstetter - 220-13-4979 Maria A. Hierstetter - 582-75-4499 B. EMPLOYMENT SEARCH Brad S. Hierstetter - unknown Maria A. Hierstetter - unknown C. INQUIRY OF CREDITORS The creditors indicate that Brad S. Hierstetter & Maria A. Hierstetter reside(s) at: 11539 Buckskin Ct. Lusby, MD 20657 II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Indicated that Brad S. Hierstetter & Maria A. Hierstetter reside(s) at: 11539 Buckskin Ct. Lusby, MD 20657 -310-394-12880 III. INQUIRY OF NEIGHBORS Unable to contact neighbors to confirm that Brad S. Hierstetter & Maria A. Hierstetter reside(s) at: 11539 Buckskin Ct. Lusby, MD 20657 IV. INQUIRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE Brad S. Hierstetter & Maria A. Hierstetter - 11539 Buckskin Ct. Lusby, MD 20657 V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicle Brad $. Hierstetter & Maria A. Hierstetter reside(s) at: last registered address. VI. OTHER INQUIRIES A. DEATH RECORDS As of November 1, 2002 Vital Records has no death record on file for Brad S. Hierstetter & Maria A. Hierstetter. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.) none C. COUNTY VOTER REGISTRATION The Cumberland County Voter registration has a registration for Brad S. ltierstetter & Maria A. Hierstetter residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Brad S. ltierstetter -YOB 1972 Maria A. Itierstetter -YOB 1975 B. A.K.A. none *All accessible public databases have been checked and cross-referenced for the above named individual(s). * Please be advised all database information indicates the subjects reside at the current address. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. AFFIANT Scott Nulty SKN Data Research Inc. President Sworn to and subscribed before me this .r~-~ day of 3 '~~~ 20O3 Margaret E. Nutty, Notary Public East Goshen Twp., Chester County My Commission Expires Dec. 19, 2005 VERIFICATION FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and tha~I the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is. made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWDE HOME LOANS, INC. VS. BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER A/K/A MARIA AILENE H1ERSTETTER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 02-868 CERTIFICATION OF SERVICE I, FRANK FEDERMAN, ESQUIRE, hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individuals indicated below on February 27, 2003. BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER 11539 BUCKSKIN COURT LUSBY, MD 20657 MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTER 11539 BUCKSKIN COURT LUSBY, Nfl) 20657 FRANK FiEDERMAN, ESQUIRE Attorney ilar Plaintiff Date: February 27, 2003 IlAR 0 3 2003 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE DENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. VS. BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTER ATTORNEY FOR PLAINTWF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 02-868 ORDER AND NOW, this (,. - day of ~ ,2003, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s), BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER and MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTER, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of service. BY THE coUR'r: f VINVICII~SNN~d RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYVVlDE HOME LOANS, INC. ) ) CIVIL aCtlOI~ VS. BRAD S. HEIRSTETTER NK/A BRAD STEPHEN HEIRSTE-I' ) 'CIVIL DIVISI' MARIA A.HEI RSTETTER NK/A MARIA AILENE HEIRSTETTER ) NO. 02-868 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) TER )N SS: I, FRANK FEDERMAN, ESQUIRE attorney for COUNTRYWI LOANS, INC. hereby verify that on 8/19/02 true and correct copies c of Sheriff's sale were served by certificate of mailing to 'the recorded and any known interested party see Exhibit "A" attached hereto. )E HOME f the Notice lienholders, DATE: April 7, 2003 FRANK FE~DER~IRE Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FoR PLAINTIFF CUMBERLAND COUNTY COUNTRYWIDE HOME LOANS, INC. COURT OF COMMON PLEAS vs. CWIL DWISIOI~ BRAD S. HEIRSTETTER, A/K/A BRAD STEPHEN HEIRSTETTER MARIA A. HEIRSTETTER A/K/A MARIA AILENE HEIRSTETTER NO. 02-868 VER 1FTC A TTON I hereby certify that a tree and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person(s) BRAD & MARIA HEIRSTETTER on 3/18/03 at 20281 I-I),RLEQU/N LANE, CALLAWAY, MD 20620 in accordance with the Order of Court dated, 3/6/03. The undersigned understands that this statement is made subject to the penfilties of 18 PA. C.S. s4904 relating to unswom falsificaton to authorities. MNK FEDERg IAN, ESQUIRE ATTORNEY FOI'~ PLAINTIFF DATE: April 7, 2003 7160 3901 9844 2421 1741 TO: MARIA A. HIERSTETTER A/K/A MARIA AILENE HIERSTETTER 20821 HARLEQUIN LANE CALLAWAY, MD 20620 TO: .1 SENDER: KMD/FTM REFERENCE: SALES HIERST~ PS Form 3BO0, June 2000 ,~' '.'~ RETURN ~Postage _ ~ ~ ~:~230 RECEIPT [ Certified Fee _ - Restricted Dolivoq! _ '~  --TRoet~lri;ostage & F,~ees US Posta. I Service [ PosTMARK OR DATE Rec.e?t for Certified Mail No Insurance Coverage Provided Do Not Use for international Mail 7160 3901 9844 2421 1758 BRAD S. HIERSTETTER A/K/A BRAD STEPHEN HIERSTETTER 20821 HARLEQUIN LANE CALLAWAY, MD 20620 ~--':~ ", ~'i~ SENDER: KMD/FTM~ / '-'~-~ -'~"~" me=,-=RENCE. SALES HIERST ~..,E~P~.,~ PS Fo~ 3~ June 2~ ' · '~ ~ ~ ~ ~ R~RN [ Posm~ RECEIPT Cefl~d Foe 2.30 SE~ICE Return R~eipt Fee 0.00 Restri~ed Delivew 0.00 To~ msta~ · V~s 2.67 Receipt for Certified Mail , No Insurance Coverage Provided , Do Not Use for International Mail POSTMARK OR DATE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND '~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Countrywide Home Loans/nc is the grantee the same having been sold to said grantee on the 7th day of May A.D., 2003, under and by virtue ora writ Execution issued on the 20th day of August, A.D., .2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 868, at the suit of Countrywide Home Loans/nc. against Brad S Hierstetter aka Brad Stephen & Marie A aka Maria Ailene is duly recorded in Sheriff's Deed Book No. 257, Page 900. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ,~, 9-- day of , A.D. 2003 · ' ~ ' ecorder of Deeds Countrywide Home Loans, Inc. VS Brad S. Hierstetter a/k/a Brad Stephen Hierstetter and Mafia A. Hierstetter a/k/a Mafia Ailene Hierstetter In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-868 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice and Description in the following manner: The Sheriff mailed a copy of the pendency of the action by certified mail, restricted delivery, deliver to addressee only, return receipt requested, to one of the within named defendants, to wit: Brad S. Hierstetter a/k/a Brad Stephen Hierstetter to his last known address of 20821 Harlequin Lane, Callaway, MD 20620. This letter was mailed on August 30, 2002. The unopened letter was returned to the Sheriffs Office on October 3, 2002 with the reason checked "UNCLAIMED." R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice and Description in the following manner: The Sheriff mailed a copy of the pendency of the action by certified mail, restricted delivery, deliver to addressee only, return receipt requested, to one of the within named defendants, to wit: Mafia A. Hierstetter a/k/a Maria Ailene Hierstetter to her last known address of 20821 Harlequin Lane, Callaway, MD 20620. This letter was mailed on August 30, 2002. The unopened letter was returned to the Sheriffs Office on October 3, 2002 with the reason checked UNCLAIMED. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 2, 2002 at 12:05 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Brad S. Hierstetter aJk/a Brad Stephen Hierstetter and Mafia A. Hierstetter a/k/a Mafia Ailene Hierstetter located at 1428 Timber Chase Drive, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on May 7, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Countrywide Home Loans, Inc. It being the highest bid and best price received for the same, Countrywide Home Loans, Inc. of 7105 Corporate Drive, PTX-B35, Plano, TX 75024-3632, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $801.65, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 15.71 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 9.66 Certified Mail 18.18 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 279.35 Patriot News 222.55 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriffs Deed 40.00 $ 801.65 This .ti ~ dayof~_~ ! R. Thomas Kline, Sheriff 2003, A.D. ~ {9-. ")9~,,.,,,, Ptro~onotary BY,~ Real ~stat~eputy Real Estate Sale # 18 On August 30, 2002 the sherifflevied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA known and numbered as 1428 Timber Chase Dr., Mechanicsburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 30, 2002 Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J, Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of _'~ and The · n . P ' t-N - newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of October and the 5th day(s) of November 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ~i~ ~d.~./~;I PUBLICATION ..... Mamber, Per, ns~ My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLN~D COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs ].EOAL ~ To THE PATRiOT-NEWS CO., Dr. -~J.~C'Ela~u~,a,i~OaaNe. For publishing the notice or publication attached 1428 (the "[Faif'), ~ la,w-~ (:~alle,. ~ hereto on the above stated dates $ 220.80 townhou~e con- de~.~ ~-~'~ I~ ~ '~ Probating same Nota~ Fee{s~ ~ 1.75 Town~ip~-~ ~'u~berland County's',, Total $ 222.55 cir~ ~ ~5~..~ecoipt be~'~ ''~ ~ ~ . By .................................................................... ~ETHER with Plan Book II, Page [3 respectively as amended. TOGETHER with the undivided percentage intercst in the common elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium as last amended. TOGETHER with the right to use the limited common elements applicable to the unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans. TAX PARCEL ID #10-15-183-~08. PREMISES BEING KNOWN AS 1428 Timber Chase Drive, Mechanicsburg, PA 17055. VESTED by Deed, dated 4/]4/97, given by Capitol View Associates, a Pennsylvmaia general partnership to Brad Stephen Hierstetter and Maria Ailene Hierstetter, husband and wife and recorded 4/28/97 in Book: 156 Page: 546. Off~ce of the Recorder of Deeds of eceipt of the aforesaid notice and publication costs ant Cumberland County in Miscellaneous PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 25, NOVEMBER 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL E~TATE ~ALE NO. 18 Writ No. 2002-868 Civil Countrywide Home Loans, Inc. VS, Brad S. Hierstetter, a/k/a Brad Stephen Hierstetter and Maria A. Hierstetter. a/k/a Maria Allene Hierstetter Atty.: Frank Federman LEGAL DESCRIPTION: ALL THAT CERTAIN Unit, being Unit No. 1428 (the "Unit'), of Tim bet Chase, a Townhouse Condomin- ium (the 'Condominium"), located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Timber Chase, a Townhouse Condominium {the "Dec- laration of Condominium") and Dec laration Plat and Plans recorded in the Office of the Recorder of Deeds of Cumberland County in Miscella neous Book 508, page 602 and RIght of Way Plan Book 11, Page 13 respec tlvely as amended. TOGETHER with the undivided percentage interest in the common elements appurtenant to the Unit as more parBcularly set forth in the aforesaid Declaration of Condomln irma as last amended. TOGETHER urlth the right to use the limited common elements appli- cable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans. TAX PARCEL 1D #10-15 183-008. PREMISES BEING KNOWN AS 1428 TIMBER CHASE DRIVE, MECHANICSBURG, PA 17055. Vested by Deed, dated 4/14/97, given by Capitol View Assoc~tes, a Pennsvlvania general partnership) to SWORN TO AND SUBSCRIBED before me this 8 day of NOVEMBER, 2002 ium (the 'Condominium"), located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condolafnium of Timber Chase, a Townhouse Condominium (the 'Dec laration of Condominium'1 arid Dec- laration Plat and Plans recorded in the Office of the Recorder of Deeds of Cuinberland County in Miscella neous Book 508, Page 602 and Right of VCay Plan Book 11. Page 13 respec tively as amended. TOGETHER with the undivided percentage interest in the cornmon elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condomin ium as last amended. TOGETHER with the right to use the limited common elements appli- cable to the Unit being conveyed herein, pursuamt to the Declaration of Condominium and Declaration Plats and Plans. TAX PARCEL ID #10-15-183-008. PREMISES BEING KNOWN AS 1428 TIMBER CHASE DRIVE, MECHANICSBURG, PA 17055. Vested by Deed, dated 4/14/97, given by Capitol View Associates. a Pennsylvania general partnership to Brad Stephen Hierstetter and Maria Arlene Hierstetter, husband and wife and recorded 4/28/97 in Book: 156 Page: 546. FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER, A/K/AMARIA AILENE HIERSTETTER ATTO~Y FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : NO. 02-868 CIVIL MOTION TO MAKE RULE ABSOLUTE Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages was filed with the Court on November 14, 2002 and Rule was entered upon Defendant(s) BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER & MARIA A. HIERSTETTER, A/K/A MARIA AILENE HIERSTETTER on November 14, 2002 to show cause why the Order for Reassessment A true and correct copy of lzhe Rule is attached hereto should not be entered. as Exhibit A. 3. The Rule to Show Cause was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant (s) failed to respond or otherwise plead to the Rule Returnable date of December 4, 2002. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. ul~ ~mitted: Daniel ~. Schmieg, Esquire Attorney for Petitioner EXI-{I BIT A /~ERMANARD PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 COUITI~YWIDE HOME LOANS, INC. vs. NOV 0 1 2002u FOR PLAINTIFF ¢~I~BERLAND COD/qTY. COURT OF COMMON PLEAS CIVIL DIVISION BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER, A/K/A MARIA AILENE HIERSTETTER N'O. 02-868 CIVIL RULE AND NOW, this day of %~ ~ ,2002, a Rule is entered upon BP~AD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER & MARIA A. HIERSTETTER, A/K/A MARIA AILE1FE HIERSTETTER, Defendant (s) to show cause whlz the attached Order for Reassessmen~ of Damages should not be entered. BY ,THE/OURT: FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 COUNTRYWIDE HOME LOANS, INC. BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER, A/K/A MARIA AILENE HIERsTETTER ATTORNEY FOR PLAINTIFF : CUl~ ERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 02-868 CIVIL CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby, certify that: a '~opy of the Rule Returnable Date of December 4, 2002 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on November 14, 2002. BRAD S. HIERSTETTER MARIA A. HIERSTETTER 1428 TIMBER CHASE DRIVE MECHANICSBURG, PA 17055 Date: November 14, 2002 Daniel G. Schmieg, Esquire Attorney for Plaintiff VERIFICATION Daniel G. Schmieg, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: December 6, 2002 Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. vs. BRAD S. HIERSTETTER, A/K/A BRAD STEPHEN HIERSTETTER MARIA A. HIERSTETTER, A/K/A MARIA AILENE HIERSTETTER ATTORB~Y FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 02-868 CIVIL CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Motion to Make Rule Returnable has been sent to the indicated below on December 6, 2002. BRAD S. HIERSTETTER MARIA A. HIERSTETTER 1428 TIMBER CHASE DRIVE MBCHANICSBUR~, PA 17055 Date: December 6, 2002 Daniel G. Schmieg, Esquire Attorney for Plaintiff