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HomeMy WebLinkAbout05-6515 Phelan, Hallinan & Schmieg By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563'7000 Attorney for Plaintiff Residential Funding Corporation 4001 Leadenhall Road Mount Laurel, NJ 08054 Court of Common Pleas Civil Division Cumberland County v. Christopher L. Sanderson Or Occupants 464 Wolfs Bridge Road Carlisle, P A 17013 Term No. ()5-- ~j/J/ ~ CML ACTION, EJECTMENT **1l1is firm is a debt collcctor attempting to collect a debt and any information obtained will be used for that purpose, If you have previously received a di'>Charge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be consbucd to be an attempt to collect a debt, but only enforcement of a lien against property."" NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for and other claim or relief requested by the plaintiff You may lose money or property or other rights important to you. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOClA TION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 loan: EOO 17940966 1. Plaintiff is Residential Funding Corporation. 2. Defendant is Christopher L. Sanderson Or Occupants. 3. Plaintiff is equitable owner of premises located at 464 Wolfs Bridge Road, Carlisle, PA 17013, a legal description of which is attached. 4, Plaintiff became owner of said premises as a result of foreclosure and judicial sale by the Sheriff of Cumberland County, on December 7, 2005, 5. Plaintiff, by virtue of the above, is the equitable owner of said premises, and is entitled to possession thereof The defendant is occupying the said premises without right and so far as the plaintiff is informed, without claim oftitle. 6. Plaintiff has demanded possession of the said premises from the said defendant who has refused to deliver up possession of same. WHEREFORE, plaintiff seeks to recover possession of said premises. C1J ~ Fr ncis S. Hallinan, E > ttorney for Plaintiff II I ********************************************************************** RESIDENTIAL FUNDING CORPORATION, Plaintiff : COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. CIVIL DIVISION CHRISTOPHER L. SANDERSON, Defendant NO. 05-6515 CIVIL TERM ************************************************************************ ANSWER TO CIVIL ACTION - EJECTMENT 1. The allegations contained in paragraph 1 are admitted. 2. The allegations contained in paragraph 2 are admitted. 3. The allegations contained in paragraph 4 are admitted in part and denied in part. It is admitted that the address given is described in the attachment to the complaint. It is denied that the plaintiff is the equitable owner of those premises, 4. The allegations contained in paragraph 4 are denied. Act 91, which authorizes the Homeowner's Mortgage Assistance Program (HEMAP) and is codified in the Pennsylvania Code, includes a provision that grants a temporary stay of foreclosure for thirty three days from the date of Notice of the program. The Notice sent to the defendant is dated November 29,2005. A copy is attached as Exhibit A. Ajudicial sale of the property, to effect a II II foreclosure, was held on December 7, 2005, just over one week later. Because the sale was premature, the Plaintiff could not legitimately become the equitable owner of the property. 5. The allegations contained in paragraph 5 are denied. Because the Plaintiff is not the equitable owner of the property, as set out above, Defendant is occupying the said premises with right of possession. 6. The allegations contained in paragraph 6 are denied. Plaintiff has made no demand for possession of the premises under any rationale other than through this complaint. Defendant has of course not replied to a demand that was never made. WHEREFORE, Defendant Christopher Sanderson asks that this Honorable Court dismiss the action in Ejectment. Respectfully Submitted, .--( -"] J 4111/V1 . VIC1 J zo06 Date ~~ <, / Ivt/ d--1.. - -a'ard Koch, Es ire Turo Law Offices 28 South Pitt Street Carlisle, P A 17013 (717) 245-9688 Pa. Supreme Ct. ill No.: 92956 " ( , ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: November 29, 2005 TO: CHRISTOPHE SANDERSON 464 WOLFS BRIDGE R CARLISLE, PA 17013 WE ARE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. TillS 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains hDW the prol!fam wDrks. . TD see if HEMAP can help. VDU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet the Counselin~ Agencv. The name. address and ohane number of Consumer Credit Counselimr Agencies servin!! your County are listed at the end Df this Notice. If you have anv questions, vou may call the Pennsvlvania Housing Finance A~encv toll free at 1-800-342-2397. (Persons with imnaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SOMA IMPORT ANCIA, PUEDE AFECT A SU DERECHO A CONTlNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDIDO DE EST A NOTIFICACION OBTENGA UNA TRADUCCION INMEDIT AMENTE LLAMANDO EST A AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGlBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSIST ANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): CHRISTOPHE SANDERSON PROPERTY ADDRESS: 464 WOLFS BRIDGE R CARLISLE, PA 17013 LOAN ACCT. NO.: 0017940966 ORIGINAL LENDER: PHH MORTGAGE CORPORA TION CURRENT LENDERlSERVICER: PHH MORTGAGE CORPORA TION HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A RESONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE:-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty three (33) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of the Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOITCE CALLED "HOW TO CURE YOUR MORTGAGE DEFUALT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP T 0 DATE. CONSUMER CREDIT COUNSELING AGENCIES:- If vou meet with one of the consumer credit counseline aeencies listed at the end of this notice the lender may NOT take action aeainst vou for thirty three (33) davs after the date of this meeting. The names. addresses and telenhone number of designated consumer credit caunselinl! al!encies far the caunty in which the oroDerty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE:-Your mortgage is in a default for the reasons set forth later in this Notice (see following ages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty three (33) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICA TION PROMPTLY, IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDlA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. \ attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. If vou cure the default within the THIRTY THREE (33) DAY period. vou will not be required to oav attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRiOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY THREE (33) DAY period and foreclosure proceedings have begun, you still have the Tillht to cure the default and orevent the sale at any time UD to one hour before the Sheriffs Sale. You may do so bv Davin!! the total amount then nast due. DIllS anY late or other chan!es then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as soecified in writiOl! bv the lender and bv oerformim! any other requirements under the mortl!aee. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: PHH MORTGAGE CORPORA TION 4001 Leadenhall Road Mount Laurel, NJ 08054 Attn: Collections Department, SV09 (800) 330-0423 EFFECT OF SHERRIF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You _mayor -Lmay not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBT AlN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE TillS RJGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED ~-~._-- I.' I VERIFICATION I verifY that I have sufficient knowledge of the facts to verifY that the statements made in the foregoing Answer are true and correct to the best of my knowledge, based upon information received from the Defendant. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. 11:: J 'ZtJ1)b ~EV Turo Law Offices 28 South Pitt Street Carlisle,PA 17013 (717) 245-9688 Pa. Supreme Ct. ill No.: 92956 .-- 1NV1' Date II 'I, ),'- CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Answer upon Francis S. Hallinan, Esquire by depositing same in the United States Mail, first class, postage pre-paid on the 26th day of January, 2006, from Carlisle, Pennsylvania, addressed as follows: Francis S. Hallinan, Esquire One Penn Center Plaza Suite 1400 Philadelphia, P A 19103 TURO LAW OFFICES ad1it~ 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 L 1:-" ) ";1 or. , , . . ALL THAT CERTAIN tract of land situate' th ... . an.d State of Pennsyhlania, bounded and T~~~ftoo~~dd1esex, County of Cum~d 0%1 the north by the J:ublic road Ie,...!;". from th Car' . , for a distance of 220 feet, . Ie g e Iis1e - Carlisle Spnngs Road to Middlesa, now otformetly ofLel-oy R.m~"::~ :s; o~e east by land formedyof Jolm P. Shugbatt'fmd land now or fomlerly .:>f the Wils ',.'f' a tance of 525 feet. more or lesS; 01'1. the south by diS .. . . on vYeary Estate, Paul O. Sundayan.d Fred GiIliatd fo . . " tance of 4<>3 feet, rilore or less; and on the west by land fo t f '-_ '. ..', it a, wifc:, and now OT formerly of Fred Gilliard. nner y 0 JOn>! E. Hemefinger and CONTAINING 1.5 acr~!S, more or Jess. I BEING ItnprovedWitlla 2-1/2 story frame hoUse, garage and other o1l.tbuild1ngll, knoWllaM i nUmbered as 464 WaIfs Bridge Road, Carlisle, Penns1lvatlia. I I I I I ! i I BEING ~ SAME F~fsES wbich CalVin E. KWinga and Pauline Killinger, his 'Wife, by Deed dated and recc;rtied November 10, 1949 in the Office of the RecoIder of Deeds in and for cumberland County, Pennsylvania, in Deed Boolc G, Volume 14, l'age4S6, granted. and con~ unto Ricluo.rd J. ThUm....A and 1.eora M. Thp..........". his Wife. Th<::said Leora 1Il. Th'-....a died september 12. 2000, thereby vesting sole title unto Richard J. 11I..J...."'''. Widower. Grantor~. The said t:Uchard J. th"m....A. by a PoWer of AtWtney dli.ted september 5, 2001. did appoint Lelltet R. Th.-....a. ~ his Agent. Said power of Attorile.Y' ill intended to be recorded con herewith.. PREJ"lISES ON: 464 WOLF DAD \ AIL tHAT CElttAINtract of land situate' th' . .d"_CC. and State of Pennsylvania, bounded and :r ~bTedownship of ~ddlesex. County of Cumberland escn as follows.. . I on the north by the tub1ic road I"~,t;,,. froJn the Cadis . I for a distan<:c of 220 feet, more . Ie g the . Ie - Carlisle Springs Road to Middle-se:x. I now or formerly ofLel-oy R. l<<l~:; o':us east by land forrnerl1of JOM P. ShUgbartand I hUld now or fonner1y .:>f the WIis . W ra tance of 525 feet. lUore or less; on the south by diStart<:eof 403 fee .. ~ eat)' Estate, Paul Q. Sunday and Fred GilIiarti. for a wife, and noW or c;;:.: ::~. ~~. the west by land fonnerly of John E. Heft1efingerattd CONTAINING 1.5 acrc:s, more or less. . _~_..,.~~_~.r~.......~~i' - - . - . - . I aEING improvedWitl1 a 2-1/2 aWry fra.me hoUSe. garage and other outbuildings, known and I numbered as 464 WDlfll Bridge Road, Carlisle. PennsylvanIa. I I I I i i I i , BEINe} THE SAME f'RItMISll:S which CalVin E. lGllinger llfid Pauline Ki1Iinger. his Wife. by Deed dated and recc:.rded NO\'eDIl>er 10, 1949 in the Office (if the Recorder of Deeds in and {or cumberland County, Pennsyl...ania. in Deed BookG. Volume 14,.t>age 4~, granted and .con\'tYed unto Richnrd J. Th,,~ml\ and Leora M. Thl....""". his wife. Th-esaid 4rora. M. . th,....-- died september 12. 2000, thereby vesting sole title unto Richard J. 1humma, Wid~. Grantor Ju:rein. The said 10chard J. 1".,,"""'''. by a POwer of Attorney dated ~ 5. 2001, did appoint Lester R. Th'''''''''ll. as his Agent. Said power of Attorh'<:Y ill intended to be teCOtded contempOl.'ltt1eOU herewith... . PRID;!JlSES ON: 464 WOLFS BRIDGE ROAD '-~"-_.~. --_. .----. .' '.' VERIFICATION Francis S. Hallinan hereby states that he is the attorney for the Plaintiff in this eviction action and is authorized to make this verification. The statements made in the foregoing Civil Action - Ejectment are correct to the best of my knowledge, information, and belief. I was the attorney for the Plaintiff or Plaintiff's predecessor in interest in the underlying foreclosure action. I am with the law firm on the writ of execution, and my law firm or an agent of my firm purchased the property on behalf of the Plaintiff by bidding on the property at the sheriff's sale. I am making this verification rather than a representative of the Plaintiff because I have personal knowledge of the purchase of this property at sheriff's sale. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. /2 //t~ , Datei I::J:- , . ,) ~- ~(-//~)" ~_ Ji::>-~ I .. rancis S. Hallinan, Esquire.- Attorney for Plaintiff ~. \..r-.... 'J', \'0. 0 G\ , \ , (r, ~ (r.., ,~,- .. ~ \j , ~ '-" ;-1 ~ ~~ -~_.~ : -~t ~ ~ '1:.. ~~ ~ .J 'i?'. \~ '~ - ~ , 'l.J :'-J \;) ~ r ,:0 "^' ... t.J \ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-06515 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RESIDENTIAL FUNDING CORPORATIO VS SANDERSON CHRISTOPHER L RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon SANDERSON CHRISTOPHER L the DEFENDANT , at 0923:00 HOURS, on the 29th day of December, 2005 at 464 WOLFS BRIDGE ROAD CARLISLE, PA 17013 by handing to SHANNON SHOMPER, GIRLFRIEND, ADULT IN CHARGE a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.80 .00 10.00 .00 32.80 .... :;:'''''~"?,~ // ~ l' ,... ,. .." ,_"e'" /,,:,--:;'/. .~ ,.... "._,~,~v." .e~_""C:~,.'.i;" ..".-'/:' .~....,....~, R. Thomas Kline 12/30/2005 PHELAN HALLINAN SCHMIEG me this tv JI~ day of By: ~~~ Deputy Sheriff Sworn and Subscribed to before A.D. y PHELAN HALLINAN & SCHMIEG, LLP By: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Resideutial Funding Corporation 4001 Leadenhall Road Mount Laurel, NJ 08054 Court of Common Pleas Civil Division vs. Cumberland County Christopher L. Sanderson Or Occupants 464 Wolfs Bridge Road Carlisle, P A 17013 No.05-6515-CIVIL MOTION FOR SUMMARY JUDGMENT Plaintiff, Residential Funding Corporation (hereinafter "Plaintiff'), by its attorney, Jenine R. Davey, Esquire, respectfully requests that this Honorable Court enter an Order granting summary judgment in the above-captioned matter as follows: I. As the successful bidder at a December 7, 2005, Sheriffs Sale, Plaintiff became the owner of the premises located at 464 Wolfs Bridge Road, Carlisle, P A \7013, by a Deed from the Sheriff of Cumberland County. A true and correct copy of the Deed is attached hereto, made part hereof, and marked as Exhibit A. 2. Plaintiff notified the occupants to vacate the premises but, to date, they have remained in the property without any right or title. A true and correct copy of Plaintiffs notice to vacate is attached hereto, made part hereof, and marked as Exhibit B. 3. Because the occupants have refused to vacate the property on their own, Plaintiff filed an ejectment action on December 16, 2005. A true and correct copy of the Complaint is attached hereto, made part hereof, and marked as Exhibit C. 4. An Answer to the Complaint has been filed in which no defense has been raised. A true and correct copy of the Answer is attached hereto, made part hereof, and marked as Exhibit D. 5. Defendant alleges the December 7, 2005 Sheriffs sale was premature due to him receiving Act 91 Notice. This Act 91 Notice was inadvertently sent to Defendant. There was no Temporary Stay as Plaintiff already had obtained judgment. Nevertheless, Defendant essentially obtained the benefit of the Act 91 notice as he met with a credit counseling agency. Defendant however failed to file an application for assistance, therefore PHFA was unable to review. Had Defendant filed an application for assistance he would have been ultimately denied assistance as the loan was more than twenty-four (24) months in arrears. 35 P.S. SI680.40Ic(a)(5). His arguments are therefore moot. 7. Sheriffs Deed to Plaintiff was recorded on March 3, 2006 at Book No. 273 and Page No. 1951. 8. Plaintiff respectfully submits that it has established its right to immediate, exclusive possession of the premises, and there are no material issues offact in this case for a fact-finder. WHEREFORE, Plaintiffrespectfully requests that judgment for possession be entered as prayed for in the Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Jenin . Davey, Esqui Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Residential Funding Corporation 4001 Leadenhall Road Mount Laurel, NJ 08054 Court of Common Pleas Civil Division vs. Cumberland County Christopher L. Sanderson Or Occupants 464 Wolfs Bridge Road Carlisle, PA 17013 No.05-6515-CIVIL PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT I. PLAINTIFF HAS A RIGHT TO IMMEDIATE EXCLUSIVE POSSESSION In order to prevail in an ejectment action, a Plainti ff must establish a right to immediate, exclusive possession of the subject premises. Doman v. Brogan, 405 Pa.Super. 254, 263, 592 A.2d 104,108 (1991). Hallman v. Turns, 334 Pa.Super. 184, 189,482 A.2d 1284, 1287 (1984). Accordingly, Plaintiff bears the burden of proving prima facie title to the property in question. Id. Pennsylvania Rule of Civil Procedure I 054(b) provides that in an ejectment action, a party must set forth the abstract of title upon which he relies in order to recover possession, unless superior title is shown by the adverse party. Pennsylvania law states that one who purchases real property at a sheriff's sale acquires an equitable interest. Walker v. PNC Bank, 2002 WL 3] 098417 (3rd Cir.). The purchaser acquires an equitable interest which becomes complete title upon complying with the tenns of sale. Pennsylvania Company for Insurances v. Broad Street Hosp., 354 Pa. 123, 128,47 A.2d 281, 283 (1946). The bona fide purchaser instantly acquires a vested right to property sold at a public sale '. ofland at the moment it is knocked oITto him ifhe complies in all respects with the conditions of sale. ld. at 129,47 A.2d at 284. In the present case, Plaintiff has presented a Sheriff's Deed, which demonstrates its ownership of the property in question. In contrast, no evidence has been presented by Defendant challenging Plaintiff's title. II. PLAINTIFF HAS DEMANDED POSSESSION Attached as Exhibit B is a letter from Francis S. Hallinan, counsel for Plaintiff, informing the occupants ofPlainti[t's ownership and directing them to vacate the premises. Prior to the filing of this Motion, the occupants have had ample opportunity to peacefully vacate the premises on their own, but have failed to do so. IV. THERE IS NO LEGAL BASIS TO SET ASIDE THE SHERIFF'S SALE Even if the Defendant were to file a Petition to Set Aside the Sheriff's Sale in the foreclosure action, the petition would be denied because there is no legal basis to set aside the sale. Pennsylvania Rule of Civil Procedure 3132 provides that "upon petition of any party in interest before delivery of the personal property or of the sherifFs deed to real property, the court may, upon proper cause shown, set aside the sale and order a resale or enter any other order which may be just and proper under the circumstances." (emphasis added). The Pennsylvania Superior Court has long held that, pursuant to Rule 3132, though it may apply equitable principles in determining whether to set aside a sheriff's sale, it "does not change the fact that the proceeding is one for the law side of the court." Scott v. Adal Corporation, 419 A.2d 548, 550, 276 Pa.Super. 459, 463 (1980). The court may only set aside a sheriff's sale upon the showing of very explicit and blatant circumstances that trigger the equitable considerations. Accordingly, this Court has held that once the sheriff's deed is recorded, the sheriff's sale cannot be set aside unless there is evidence of fraud or a lack of authority to make the sale. Vend-A-Matic. Inc. v. Frankford Trust Co., 442 A.2d 1158, 1162, 296 Pa.Super. 492, 500 (1982). As such, a sheriffs sale may be set aside only under a very limited set of circumstances. Such circumstances do not exist in the instant matter. The sheriffs deed was recorded on March 3, 2006. The Defendant did not raise the issue of the sheriff's sale until the Answer to the eviction complaint was filed on January 26, 2006. As a result, there must be evidence of fraud or a lack of authority to make the sale in order for the sale to be set aside. The Defendant has not made any allegation of fraud. Further, the sheriff in the instant matter had authority to make the sale. This Court has held that a sheriff is deprived of the authority to sell a property at sheriff's sale upon evidence oflack of service ofthe foreclosure complaint, which would deprive the court of jurisdiction and render the foreclosure judgment void. Meritor Mortgage Corp. v. Henderson, 617 A.2d 1323, 1325 (Pa.Super.1992) "Due process.. .requires at a minimum adequate notice and an opportunity to be heard before a judgment is reached." (internal citations omitted) Id. at 1326. In the instant matter, the Defendant has not attacked service of the foreclosure complaint. Accordingly, the sheriff did not lack authority to sell the property. In the instant matter, the sheriffs deed has already been recorded, the sheriff had the authority to sell the property, and there has been no allegation of fraud. Therefore, under Rule 3132 and the case law, there is no legal basis to set aside the sheriffs sale. V. CONCLUSION The purpose of the summary judgment procedure is to prevent vexation and delay, improve the machinery of justice, promote the expeditious disposition of cases and avoid unnecessary trials when no genuine issue of mate rial fact is raised. Thompson v. Nason, 379 Pa.Super. 115,535 A.2d 1177 (1988), affirmed, 527 Pa.330, 591 A.2d 703 (1991). In making its determination to grant summary judgment, the Court must accept as true all properly pleaded facts, as well as all reasonable inferences which might be drawn from them. Id. In the instant case, there are no material issues of fact in dispute. Plaintiff is clearly the owner ofthe property and is entitled to a judgment for possession. Plaintiff requests that its motion be granted so that it can gain possession of its premises and recover the unjust tinanciallosses it has incurred. Due to the occupants' failure to peacefully vacate the premises, Plaintiff requires the aid of this Court to gain rightful possession of its premIses. WHEREFORE, Plaintiff respectfully requests that judgment for possession be entered as prayed for in the Complaint. Respectfully submitted, P LAN HALLINAN & SCHMIEG, LLP '. EXHIBIT A (,?Jj /'1 C E()3[nT P. ~~!!~>;LER ;::fCORDCH C)F DEEDS GU!~EERL^ND COllr'!T';'-Pi\ Tax Parcel No. 21-14-0867-033 lOOS PlAR 3 APlI0 DY Know all Men by these Presents That I, R, Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of$1.00, (One Dollar), to me in hand paid, do hereby grant and convey to Residential Fundine: Corporation REAL ESTATE SALE No. 09 Writ No. 2003--3880 CIvil Term Cendant Mortgage Corp. Vs Christopher L. sanderson 8/k/a Christopher sandersell Atty: DanIel SchmIeg DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Middlesex, County of Cumberland and State of Pennsylvania, boWlded and described as foHows: ON the North by the public road leading from the Carlisle-Carlisle Springs Road to Middle-sex, for a distance of 220 feet, more or less; on the East by land formerly of John P. Shughart and now or formerly of Leroy R. Rohrer, for a distance of 525 feet, more or less, on the South by land now or formerly of the Wilson Weary Estate, PaulO. Sunday and Fred Gilliard, for a distance of 403 feet, more or less; and on the West by land formerly of John E. Hefflefmger and Wife and now or formerly of Fred Gilliard. CONTAINrNG 1.5 acres, more or less, TITLE TO SAID PREMISES is vested in Christopher L. Sanderson, single man, by Deed from Richard J. Thumma, widower, by his agent Lester R. Thumma dated 4/1/2002 and recorded 4/4/2002 in Deed Book 251, Page 565. TAX PARCEL #21-14-0867-033. PREMISES being: 464 Wolfs Bridge Road, Carlisle, PA 17013. Q' ~ 9 g,,1 ~ fJ ~ ~Q ~ ~ m af4 gJ ~-?:":::s: ~ ~-)_p~g~gj~g:: .......~?="::<::" :3;(J':I~I-I"I"l"":'__ :::o;:g;l;;W;:liJ~;g" ;qraf2=R:;j:;r-l :y. t~~1~~~~-' I ~~:::r.n::Jen I'b O.:;;;;>O'...-:::I'T1::1> e;I-'f1Tt ~... c,;", ....... t,..~ ::u:=::a::.. ::I> _I --t...., I:::.';< 0; -'w (J1 -r~~ -l !i!;-t::C-,i!ij j5 r};, 9''' Ri fi'-- ~-~..., F"-;:I&::'=', .. Z""l rrl:::"~ ;_ '=' ~ ~-<rT'l -i- . "" ..... ~ ~ .. '" '" ~,. -, .., iE "" '" '0 <C';:. (.1". , C,; ,;:;:0, ~ CJ" '" 1t.0 ,-, '';'':1 '" _i:" ~-'< "I;t .;.-1-' ;:';',:0 ;:"-.,( -, ;:'''1 Co '..;:;:1 <~ a'. ..... ..j.~~ '" "" Q >~ 1i': '" ... N ~ .. -io\Ilo .~ 8::& B 1-'.~~~:j5...... ~o-._':.Jl'-"r-..;l~_ClOc=r1,7'> ......, U, c.'1 :1-., ;L" 0 0. :-:::. c..'l r.-.l r...:. ~_rs r_'1 c.'l ClI ClI 00 01;::.0 OOI;,.I'I'JI.::::' C... c::> ~ ~ = ElOOK 0'. ~, '" .. 0- .'0 :::!. ." '" "" ~.;{ ?;? 'tIT I:;'; ~..~~" ~~ f.f{' '" ~~a ..... ,~ ~'-O; I.I:l C - = :'15 ,,,,- '" ?73. PI' [~ C51 r".. thUl.J:.,V The same having been sold by me to the said grantee on the 1!h..day of December Anno Domini Two Thousand and Five (2005) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 30th day of March Anno Domini ~ out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and ~ (2003) Number 3880 at the suit of Cendant Mortl!al!e Cornoration against Christon her L. Sanderson a/kJa Christophe Sandersell. '8'00. 27.';;' ,.~" '-. i:::;~ K ' . v P;..Ct.;l,vV4G In Witness Whereof, I have hereunto affixed my signature this3rd day of March Anno Domini Two Thousand and Six (2006) ~L (2/ '. Thomas Klin , Sheriff Commonwealth of Pennsylvania, ss, County of Cumberland Before the undersigned, Curtis R. Long, Prothonotary of the Court of Common Pleas of Cumberland County, PelU1sylvania, personally appeared R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this3rd day of March Anno Domini Two Thousand and Six (2006) I hereby certify that the residence And Post Office address of the Within Grantee is 4001 Leadenhall Road -~~ Solicitor 1. COI-+: fy t.1c1o ~ +0 be recorded ....... ..1 ' d.' c. ,-~ T "un1bc".1 "wi f'Ol'ntv Pil,. in '-' J.. ..I....~--..-......... ..... - .' . (, ",,_,0""' > i,...,: :;~\;:.:..,:..~f.;f.~r, ,'. ~' '-~,..,,~)!~~,1~1'!"t~,;:~*'".: ' - ",.~:'::f:~:~~:6'~;~'ii~:;~i~~.~--~~;;~,tt::~/~, - _'~">':~Yf,'t.~~~~.'.v.;...;!'!.;~."..t;i~~~. ..~~~{,\.; '" 'N"" ""'.. ,,r,u.,,.>':;" !,..?r..~t-,~_.;i.,'_-....' :.~: ,'~' . .; tibWilAl't .- PRrmtONOTAR'r: NOTARY PIl8UC CARUSlE CUMBERlAND COUN1Y COUIITIIOUSE ' MY COMMISSION ElCPIRES JANlIARY 4,201 0' ,,""" ,:/.1 ~~,:f ,/ r/ ~:.J.!J Recorder of Deeds .'(:;1,{~~~?~t1~~~~.;~. 1"\'7~ . ~:\~'".:J e,'t:o)) ,(:;fiu Itot~....,a.1r.H BOOK EXHIBIT B PHELAN HALLINAN & SCHMIEG One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 December 14, 2005 Christopher L. Sanderson Or Occupants 464 Wolfs Bridge Road Carlisle, P A 17013 RE: 464 Wolfs Bridge Road Carlisle, PA 17013 Dear Occupant: We represent Residential Funding Corporation, which became equitable owner of the above premises as a result of foreclosure and judicial sale by the Sheriff of the County of Cumberland on December 7, 2005. You are now in possession of the premises without Authority or permission of our client and you must vacate immediately. Unless you immediately vacate the premises and make them available for possession, court action will be taken against you at once. Very truly yours, PHELAN HALLINAN & SCHMIEG, LLP Francis S. Hallinan, Esquire EXHIBIT C Phelan, Hallinan & Schmieg By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff Residential Funding Corporation 4001 Leadenhall Road Mount Laurel, NJ 08054 Court of Common Pleas Civil Division ~'O C~ C'~) c.J'. n C~. Cumberland County Cl ['q c; v. Christopher L. Sanderson Or Occupants 464 Wolfs Bridge Road Carlisle, P A 17013 Term C-l No. O~- 1/~/3 -rJ Ii ,L . r;:., ~l~" ..~ -',. .r CML ACTION. EJECTMENT **'This firm is a debt collector attempting to collect a debt and any information obtained will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, thiscorrespondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. ** NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for and other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. herehy Gertily tnb vv!thin to be 3. true ana ~'Jrrect copy of the Hi ainal filed ot rocorri CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 loan: E0017940966 (') -n -1 :L.-n ~;1 r= -err--n -;'-)C; ~(~) '-: _I;~ ~;i ~:.~~ '_J, ~-" ~;"'J .-< 1. Plaintiff is Residential Funding Corporation. 2. Defendant is Christopher L. Sanderson Or Occupants. 3. Plaintiff is equitable owner of premises located at 464 Wolfs Bridge Road, Carlisle, PA 17013, a legal description of which is attached. 4. Plaintiff became owner of said premises as a result of foreclosure and judicial sale by the Sheriff of Cumberland County, on December 7, 2005. 5. Plaintiff, by virtue of the above, is the equitable owner of said premises, and is entitled to possession thereof. The defendant is occupying the said premises without right and so far as the plaintiff is informed, without claim of title. 6. Plaintiff has demanded possession of the said premises from the said defendant who has refused to deliver up possession of same. WHEREFORE, plaintiff seeks to recover possession of said premises. Francis S. Hallinan, Esquire Attorney for Plaintiff \ l I I \ AIL'tHATCElttAINtractofJai1dsituate"th ..... ... ... .H.C,,,,,,.,,, and State of __"".......~....~. . l.._':"ded.' . m ~ Township of Middlesex. County of Cumberland . ~".n........ uuuu. and descnbedas follows:. .. ()iithc ~ bi the FubIic road "'",ling ""'--- th Carlisle' .. . . fora distan<< of~O feet, more .' . . .......... . e - Carlisle Springs Road to Mid~ now otformerly ofl.el .R. ko 01' less, on:are east by land formedy'of John P. ShUghattand l~nd noW ot Conil~ .:7the W:;;';ra (U......nl'(' of 525 feet,more at leas; ~. ~ sOuth.tly . diStailceof403 fee ... . .. emy Estate, Paul Q. Sunday and Fred GiDiardfOr'Il WJ. . .,,_ ...nd ...... t, ra.ore otless; an. d. on the west by land formerly of John E a. ~..fIft___-""... 1", _. now dr lormerly of Fred Gi1Iiard. . '--'6- ....... CONTAINING 1.5 acr~lS, m.ore or less. ._"",___","_~~7~-:~:~r.?.-: . iJElNG ImproVedWitl1 a'J.-l/'l. ~. fraIJle lil:iUsC. ~ Una other Olltbuildings, known and numbered lis 464 WD1(lJ bridge Road, Carlisle, PennsYlVUnla. tii!:ING 11m 'SAME. t:!lMiISil:Swbich eamr.E. K'i1liJIger and Pauline Trn~~. his Wife,bf DeC4di'iied and te&il'ded November 10, 1949 in the om<:e of the ReOOldet'ofIkedsinandfM CUtn~Coun....... _~...,.d..,.,. ..."; .". jn.i>eedBookG. VOlume 14 ""'....... 4$6.......... tedand _ _ '~J" ~~u.~.1"""-...-t _ - - - ., - - .. ,I.~"" - ..J ~- -.- .ccmveyed untO Riclull'd J. Thn<t!lt'l\ and1.eora M.11JI........... his Wife. Th-esaid l~ lA. .th>--- died Seprember i2, 2000,the:reby vesting uoIc title unto. Richard J. 111,..........". 'Widdllilet. Onmtat 1='ein. The aa1c:i.1&'hard J. 'tIP............ by a Power of Atte:ittieY dated ~ 5, 2001, did appoint Le8tet R. Th,........... as his Agent. Said 'power of ~llt inte-~ to be teCOtded COIi.~ herewith.. ,. . PREI;UiSES ON: 464 WOLFSIlJiJ;QGE ROAD -. -'-~',~_.~<.. ' _1 J ~ ,.' ~: : , ~ , ~ ,< , 1 ~i ~l < ~ VERIFICATION Francis S. Hallinan hereby states that he is the attorney for the Plaintiff in this eviction action and is authorized to make this verification. The statements made in the foregoing Civil Action - Ejectment are correct to the best of my knowledge, information, and belief. I was the attorney for the Plaintiff or Plaintiffs predecessor in interest in the underlying foreclosure action. I am with the law firm on the writ of execution, and my law firm or an agent of my firm purchased the property on behalf of the Plaintiff by bidding on the property at the sheriff's sale. I am making this verification rather than a representative of the Plaintiff because I have personal knowledge of the purchase of this property at sheriff's sale. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. I;!~~S- Date rancis S. Hallinan, Esquire Attorney for Plaintiff EXHIBIT D ********************************************************************** RESIDENTIAL FUNDING CORPORATION, Plaintiff : COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. CIVIL DMSION (') co: '" ,-~:) .,:;-~ l.:r, o -" -j rhFQ =-~t~J CHRISTOPHER L. SANDERSON, Defendant NO. 05-6515 CIVIL TERM S- --,-.. .",:-':" ;-'.) 0' , '-.I ,. ,,' 7:,: -'''-::;?J * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * ** * * * * * * * * * * * * * * ** ~* * * ~*-* * * ~:;:-) .- '- (-;i il :;::"-~l j~ .-< CJ ~ ANSWER TO CIVIL ACTION - EJECTMENT 1. The allegations contained in paragraph 1 are admitted 2. The allegations contained in paragraph 2 are admitted. 3. The allegations contained in paragraph 4 are admitted in part and denied in part. It is admitted that the address given is described in the attachment to the complaint. It is denied that the plaintiff is the equitable owner of those premises. 4. The allegations contained in paragraph 4 are denied. Act 91, which authorizes the Homeowner's Mortgage Assistance Program (REMAP) and is codified in the Pennsylvania Code, includes a provision that grants a temporary stay of foreclosure for thirty three days from the date of Notice of the program. The Notice sent to the defendant is dated November 29,2005. A copy is attached as Exhibit A Ajudicial sale of the property, to effect a II foreclosure, was held on December 7, 2005, just over one week later. Because the sale was premature, the Plaintiff could not legitimately become the equitable owner of the property. 5. The allegations contained in paragraph 5 are denied. Because the Plaintiff is not the equitable owner of the property, as set out above, Defendant is occupying the said premises with right of possession. 6. The allegations contained in paragraph 6 are denied. Plaintiff has made no demand for possession of the premises under any rationale other than through this complaint. Defendant has of course not replied to a demand that was never made. WHEREFORE, Defendant Christopher Sanderson asks that this Honorable Court dismiss the action in Ejectment. Respectfully Submitted, '1; OVV\ ,U ZOO I- I D ~ . ~;7 1--- lit/. /~ . chard Koch., E ' tre Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Pa. Supreme Ct. ill No.: 92956 Date '1 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: November 29, 2005 TO: CHRISTOPHE SANDERSON 464 WOLFS BRIDGE R CARLISLE, PA 17013 WE ARE 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, TillS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save veUT home. This Notice explains how the orOl!fam works. To see ifHEMAP can help, vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet the Counseling Ae:ency. The name. address and phone number of Consumer Credit CounselinQ Agencies serving your County are listed at the end of this Notice. If you have any Questions. YOU may call the Pennsylvania Housing: Finance Agencv toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able .to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SOMA IMPORT ANCIA, PUEDE AFECT A SU DERECHO A CONTlNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDIDO DE EST A NOTIFICAClON OBTENGA UNA TRADUCCION INMEDIT AMENTE LLAMANDO EST A AGENCIA (PENNSYL VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STA TEMENTS OF POLICY HOMEOWNER'S NAME(S): CHRISTOPHE SANDERSON PROPERTY ADDRESS: 464 WOLFS BRIDGE R CARLISLE, PA 17013 LOAN ACCT. NO.: 0017940966 ORIGINAL LENDER: PHH MORTGAGE CORPORATION CURRENT LENDERlSERVICER: PHH MORTGAGE CORPORATION HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A RESONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE:-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty three (33) days from the.date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of the Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TillS NOITCE CALLED "HOW TO CURE YOUR MORTGAGE DEFlJALT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES:- If vou meet with one of the consumer credit counseling a~encies listed at the end of this notice the lender mav NOT take action against you for thirtv three (33) days after the date of this meeting. The names, addresses and teleohone number of designated consumer credit counseling agencies for the countv' in which the DIODem is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSIST ANCE:- Your mortgage is in a default for the reasons set forth later in this Notice (see following ages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty three (33) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICA TION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established under the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed baukruptcy you cau stilI apply for Emergency Mortgage Assistance,) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin~ it up to date\. NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located .t: 464 WOLFS BRIDGE R CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: ,\. YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the c..,llowing amounts are now past due: StartlEnd: 09/0112003 through 11/01/2005 at $ 615.00 per month. Monthly Payments Plus Late Charges Accrued $16,744.00 NSF: $ 40.00 Inspections: 0.00 Other: 0.00 (Suspense): i$ .002 Total amount to cure default $16,784.00 B. YOU HA VB FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT- You may cure the default within THIRTY THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $16,784.00 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY THREE (33) DAY PERIOD. As of the date of this letter, you owe the amount specified above. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day that you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information write the undersigned or call (800) 330-0423 and ask for the Reinstatement Department. Payments must be made either bv cash, cashier's check. certified check or monev order made payable and sent to: CENDANT MORTGAGE CORPORATION, 4001 LeadenhaU Road, Mount Laurel, NJ 08054 Attention: Cash Management Department. Yau can cure any other default by taking the following action within THIRTY THREE (33) DAYS of the date of this letter (Do not use if not aD1;>licable.\ N.A. IF YOU DO NOT CURE THE DEFAULT -ff you do not cure the default within THIRTY THREE (33) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY THREE (33) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mort23l!e vropertv, IF THE MORTGAGE IS FORECLOSED UPON-The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to it attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even ifthey exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY THREE (33) DAY oeriod. vou will not be required to Day attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRiOR TO SHERIFF'S SALE-If you have not cured the default within the TmRTY THREE (33) DAY period and foreclosure proceedings have begun, vou still have the rie:ht to cure the default and orevent the sale at anY time un to one hour before the Sheriffs Sale. You may do so bv oavinl! the total amount then vast due. DIllS any late or other char!!es then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as soecified in WOlin!! bv the lender and bv perioerm"!! any other reauirements under the mortl!:age. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFFS SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amouDt needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: PHH MORTGAGE CORPORATION 4001 Leadenball Road Mount Laurel, NJ 08054 Altn: Collections Department, SV09 (800) 330-0423 EFFECT. OF SHERRIF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time: ASSUMPTION OF MORTGAGE- You _may or ~may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF TillS DEBT. . TO HAVE TillS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE TillS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED VERIFICATION I v~rifY that I have sufficient knowledge of the facts to verifY that the statements made in the foregoing Answer are true and correct to the best of my knowledge, based upon information received from the Defendant. I understand that false statements herein made are subject to the penalties of 18 Pa. C.SA 94904 relating to unsworn falsification to authorities. 1.w .'1171 'ZVDb Date ~E~ Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Pa. Supreme Ct. ill No.: 92956 CERTIFICATE OF SERVICE 1 hereby certify that 1 served a true and correct copy of the foregoing Answer upon Francis S. Hallinan, Esquire by depositing same in the United States Mail, first class, postage pre-paid on the 26th day of January, 2006, from Carlisle, Pennsylvania, addressed as follows: Francis S. Hallinan, Esquire One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 TURO LAW OFFICES f111JJr 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 VERIFICATION Jenine R. Davey, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this veri fication, and that the statements made in the foregoing Motion for Summary Judgment and supporting Brief 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. 94904 relating to unsworn falsification to authorities. . Davey, Esquir ey for Plaintiff File Name & #: Christopher 1. Sanderson, E0017940966 C") I"') (0) ':'n c. PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. --------------------------------------------------------------------------------------------------------------------- Residential Funding Corporation 4001 Leadenhall Road Mount Laurel, NJ 08054 Plaintiff Court of Common Pleas Civil Division Cumberland County vs. No.05-6515-CIVIL Christopher L. Sanderson Or Occupants 464 Wolfs Bridge Road Carlisle, PA \7013 Defendants I. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. IdentifY counsel who will argue case: (a) Jenine R. Davey, Esquire Phelan Hallinan & Schmieg, LLP 16\7 JFK Blvd., Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff (b) Richard Koch, Esquire Turo Law Office 28 South Pitt Street Carlisle, PA ] 7013 Attorney for Defendant 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: ~D~ Jeni R. Davey, Esqu' e Attorney for Plaintiff c :-:! C." It . PHELAN HALLINAN & SCHMIEG, LLP By: JENINE R DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Residential Funding Corporation 4001 Leadenhall Road \Iollnt Laurel, NJ 08054 Court of Common Pleas Civil Division vs. Cumberland County Christopher L. Sanderson \ Ir \ h'cupants 4(,4 Wolfs Bridge Road Carlisle, PA 17013 No.05-6515-CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion for Summary Judgment, Brief in Support thereof, and Praecipe for Argument were sent via first class mail to the person on the date listed below: R ich;ml Koch, Esquire ill' ' : "w Office Lith Pitt Street ( U"Jilc, P A 17013 DATE: 4'1."" J ne R. Davey, E uire p;, tomey for Plain iff , + Residential Funding Corporation, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-6515 CIVIL TERM Christopher L. Sanderson Defendant : CIVIL ACTION - LAW PRAECIPE TO WITHDRAW FROM ARGUMENT LIST TO THE PROTHONOTARY OF SAID COURT: Please withdraw the Defendant in this action from the Argument List. Respectfully Submitted TURO LAW OFFICES ~/// lot Date I ~~*~ 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendants . t Residential Funding Corporation, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-6515 CIVIL TERM Christopher L. Sanderson Defendant : CIVIL ACTION - LAW WITHDRAWAL FROM ARGUMENT lII:!. Defendant in this action withdraws from the argument list. Defendant does not wish to pursue this matter at trial. WHEREFORE, Defendant requests this Honorable Court order his withdrawal from the Argument List. Respectfully Submitted TURO LAW OFFICES 5////t?b f . Date ~~~~ i ara Ko sqUl 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendants CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Withdrawal upon Jenine R. Davey, Esquire by depositing same in the United St~tes Mail, first class, postage pre-paid on the 11 th day of May, 2006, from Carlisle, Pennsylvania, addressed as follows: Jenine R. Davey, Esquire 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 TURO LAW OFFICES / / RiChard och, uire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 () ,....., = 0 c c:;) " <" 0'" -utn :Jl: -l mn' > :C., Z:.r; -< m- r- Z::; -om (/).' :IJy -< 00 ~ ~-r" ~F :n- ,- -0 ::J:: UC) ><= 2m 'f? 0 z --( ~ .&- ~ -< RESIDENTIAL FUNDING CORPORATION, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER L. SANDERSON, DEFENDANT 05-6515 CIVil TERM ORDER OF COURT AND NOW, this _Ie day of May, 2006, the motion of plaintiff, Residential Funding Corporation, for summary judgment against defendant Christopher L. Sanderson, IS GRANTED. Judgment is entered in favor of plaintiff and against defendant granting immediate possession of premises at 464 Wolfs Bridge Road, Carlisle, Cumberland County, Pennsylvania. ~nine R. Davey, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 For Plaintiff " :sal vKichard Koch, Esquire J 28 South Pitt Street Carlisle, PA 17013 For Defendant >- If wQ ~< G:C) ~"-i!C o (r 0: CI:!i! f;;;: & >- ~'" :II::: c;g ~ - c ...::l" if , r- ;;> :~s; ~):s ~, "-22} "cn '.'i i€:' "'jU.J ~-~ Q. .~ ,J <.:I ,...., - ,. - Phelan, Hallinan and Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ATTORNEYFORPLA~TWF Residential Funding Corporation COURT OF COMMON PLEAS CIVIL DIVISION vs Christopher L. Sanderson Or occupants 464 Wolfs Bridge Road Carlisle, P A 17013 No. 05-6515 Cumberland County PRARCCIPF. FOR .nmGMRNT TN KmCCTMlCNT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Residential Funding Corporation and against the Defendant(s) Christopher L. Sanderson and Or occupants for possession of premises 464 Wolfs Bridge Road, Carlisle, PA 17013 pursuant to the attached court order dated May 17,2006. 7~~c;y.;~ Francis S. Hallinan, Esquire Attorney for Plaintiff Default Judgment entered as indicated above. DATE .-- - ~U~~.' \L005f' RESIDENTIAL FUNDING CORPORATION, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER L. SANDERSON, DEFENDANT 05-6515 CIVIL TERM ORDER OF COURT AND NOW, this _I( day of May, 2006, the motion of plaintiff, Residential Funding Corporation, for summary judgment against defendant Christopher L. Sanderson, IS GRANTED. Judgment is entered in favor of plaintiff and against defendant granting immediate possession of premises at 464 Wolfs Bridge Road, Carlisle, Cumberland County, Pennsylvania. Jenine R. Davey, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 For Plaintiff '-.. Richard Koch, Esquire 28 South Pitt Street Carlisle, PA 17013 For Defendant :sal .-. . ~..... Phelan, Hallinan and Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF Residential Funding Corporation COURT OF COMMON PLEAS CIVIL DIVISION vs Christopher L. Sanderson Or occupants 464 Wolfs Bridge Road Carlisle, PA 17013 No. 05-6515 Cumberland County VF.RTFlCATTON OF NON_MII.ITARY SF.RV1C'F. Francis S. Hallinan, Esquire, hereby verifies that he is Attorney for Plaintiff in the above captioned matter, and that on infonnation 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 Christopher L. Sanderson Or occupants, is over 18 years of age, and resides at 464 Wolfs Bridge Road, Carlisle, PA 17013 . This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. ran cis S. Hallinan, Esquire Attorney for Plaintiff ....... .~ ~ x> p ~ "" i :() (") c'" 0 It. C C;) -0 -',.. 0" +-. () ""'c <- ~-n ,-. s:~:; rnF - \) ~ - ~ I ~B e,S "l CO ;,,-.~, (":.! ~ -J ~ '~.;~f?\ ~ ~ ?: ~ - S) tJ _.:-.[ f' w 1: ".. 'n - '< ~ -.J fl.:.. J:- PRAECIPE FOR WRIT OF POSSESSION COMMONWEAL TH OF PENNSYL VANIA COUNTY OF Cumberland Residential Funding Corporation COURT OF COMMON PLEAS CIVIL DIVISION vs Christopher L. Sanderson Or occupants 464 Wolfs Bridge Road Carlisle, P A 17013 No. 05-6515 Cumberland County PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 464 Wolfs Bridge Road, Carlisle, PA 17013 ..PLEASE SEE THE A IT ACHED LEGAL DESCRIPTION*** Being Known as No. 464 Wolfs Bridge Road ~Mn'O:c;t/h./ /~ F ncis S. Hallinan, Esquire A ITORNEY FOR PLAINTIFF t; ~' .4,Q, - - VtW- p. ~ >J -:OVt~!'l :r -p (") - r... . 0 t 7i c c 8C?~c \ c. I \ , I -u - ~ 0 ::: ~ ,0 ?- ~ , I:>- -i- ~ "'Q ~ :7J ~ .::. ~ ~ w - ~ ~ - 0- ~ ,...., o ~ c.:; 0.... ",'"., <--- (~. s;: .",.." q, :Jl."1" fl1i'" "'I'1rn I . "c;:, Cf) .,".'),(:~_:, .:~: -:J;\ 5: '~21 ~~ q ~;;. :i co WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RESIDENTIAL FUNDING CORPORATION No. 05-6515 Tenn No. Term vs. Costs CHRISTOPHER L. SANDERSON OR OCCUPANTS Att'y. $ 112.30 Pl'ff (s) $ Prothy. $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CUMBERLAND County, Pennsylvania (I) To satisfy the judgment for possession i!1 the above matter you are directed to deliver possession of the following described property to: RESIDENTIAL FUNDING CORPORATION -. > Plaintiff (s) being: (Premises as follows): ~ ' 464 WOLFS BRIDGE ROAD CARLSILE, PA 17013 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell hislher (or their) interest therein. Date J\,\ll.8 a. ?nnh (SEAL) ~y: Deputy ~ t/) "d "d >- Z z 1f 3 ~ ~ <"'l..... "- 9 9 @ ::1. S- ~ ':<' on E;l eZ ::!l ':<' '" ldiill 3:0-3 '" ~ '" ~ OH t:l g.;[;J 0 lI> n'" I n'" n..., ~ ~<"'l a- :::e:>a- :'C:;; ~~ ..., lI> ::r"'''' ~gj H t"'0 ..... () ~ ~ ~~ ~ ~e lI> a tf.I 0 <"'l..... ...,.", '1:l r-< r-< ,0-3 "'r-< 0,; o~ "' t'l 0,; .-e 0 0'.: ~ <"'lo 'g"'" ' .,., '" 0.,., ... "'''' () ..... ~ H '" >'" 0 ....."d '" :z: ~<"'l 3 H '" $0 '" c;'> .....0 ~ ~~ "' ,," '" om t'l '< ot'l ....m 1% (') 0'; ..... ~q;J 0 () ""i:!l ~ ~ [;J3: '" U>m 0 () E; ~..... ~ zO ... 0-30 ZZ ;;' ;;' a M .... M M ('lZ H ""~ '"", ~ 0 ? ...... :z: ><.~ ...... ~> ...... N -~. >''''' . . 0 "" ZO 0 0 -.,., > By virtue of this writ, on the day of I caused the within named ,to have possession of the premises described with the appurtenances, and So Answers, Sworn and subscribed to before me this day of Sheriff By Prothonotary Devutv r>PFFlCE Or' T' , cJfvtP!:'t'~t,' hF c;L.[{:" I ..' ."''''(1'(' ';:;..RIFF ,. '; '\,.. I~! ..... :; . " J ~.I'J' ~. I, ., of: 2006 JUN I? - P 3: I 8 ;J> I I Ul ~ :Q ;J> :::r >; n~ 0.. 0 =+l ...... ('t) ...... 0.. ...... ~z ..., ::. :::r ,--. ~ OCl ~ n >-t) ~ Vl ~ ;I'. M ~~ Vl ..... ~ C/l Vl Ol-i l-i ~= ClC/l t::J trj~ Cl~ ClH t>1 ~(j ~>O\ ~~ c::o z :;o~ l"dl"d H ~o :::rt""'l ~~ H ('t) H:E: ~~ ~ >~ ..., C/l 0 (j~ t-3~ z~ ('t) t""'l r C/l '"d t%:! f-:[j . >-03 t""'l r-rj t:l>-03 ~ '" C/l ~o c:: no z ('t) l"dOj 0' (J W~ C/l Cl o~ ..., ~ H Vl >~ 0 ~~ < z ~(j H ..., 0\0 3 t-'t::J Vl t::J ::n e;') ~o ~ ...... ?en Po> "-..Ie;') r:n t>1 '< at%:! ~. Wen ~ Cl ~~ 0". t-' ::s ~~ C/l 0 w~ ...... 0\ en 0 ~ "'e~ ('t) 0 0. en Z l"d Vl ~ ::::; 0 trjO ('t) ~ ~~ ~ Zz ..., Vl >-030 < Z"'e ('t) '--" 0Z H 0.. .v7 .v7 tA tA H \J1~ 0 I---> Z ~trj I---> ~> I---> N< ~\J1 . . 0 w ZO 0 0 ~~ > By virtue of this writ, on the day of I caused the within named < . { ", '~l z z o 0 o V1 I 0\ V1 t-' V1 (p3 (p3 ..., ..., :3 3 , to have possession of the premises described with the appurtenances, and EXPIRED THIS DATE 2/22/07 Advance Costs: 150.00 Sheriff's Costs:44.27 10J.73 WRIT OF POSSESSION RETURNED Sheriff's Return: Docketing 18.00 Poundage .87 Prothy 1.00 Surcharge 20.00 Milage ~.~O Refunded to Atty on 2/22/07 44 . 2 7 / /) } 0 '7/0 '7 \....~ SOA~~.,~~/ /' By CJouai4;c. Sj1t\1uutij~. ,~ .,. . dt.t) 7 ":J~ 1,<rC /~.. I f'11dr Sworn and subscribed to before me this day of Prothonotary WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RESIDENTIAL FUNDING CORPORATION No. 05-6515 ____~_ Term ________ No. Term vs. Costs CHRISTOPHER L. SANDERSON OR OCCUPANTS Att'y. P)'ff (s) Prothy. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CUMBERLAND County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: RESIDENTIAL FUNDING CORPORATION Plaintiff (s) being: (Premises as follows): 464 WOLFS BRIDGE ROAD CARLSILE, PA 17013 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Prothonotary, rland County, Pennsylvania Date Juns 8, 200f) By: (SEAL) Deputy