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HomeMy WebLinkAbout06-3401V .: , MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 GreenPoint Mortgage Funding 2300 Brookstone Center Parkway Columbus, GA 31904, Vs. Plaintiff, Lorraine R. Reiley 904 5th Street New Cumberland, PA 17070, Defendant. (00109051) Attorney for Plaintiff 1 File - COURT OF COMMON PLE, CUMBERLAND COUNTY No.: OL - 35(01 CT L. ? CIVIL ACTION MORTGAGE FORECLOSURE t ? : NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Notice to Defend 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 (00109051) t k***kkkkkkk*+k**kkk**4**it*****fr****+He******kk*****k****ir**k**k**k*kkkk***kkkk***kk****kkkkkk*kkk*kk NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT kkkk***1F***kkkkk*****kk*ktk**k******R**********k*************1e****'k***k**kk**kkk*k*kkk***kk****k*k* 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. {00109051] 1 ) MILSTEAD & ASSOCIATES, LLC BY:Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 GreenPoint Mortgage Funding, 2300 Brookstone Center Parkway Columbus, GA 31904 Plaintiff, Vs. Lorraine R. Reiley 904 5th Street New Cumberland, PA 17070, Defendant. Attorney for Plaintiff OF COMMON PLEAS CUMBERLAND COUNTY No.: CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, GreenPoint Mortgage Funding (the "Plaintiff'), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 2300 Brookstone Center Parkway, Columbus, GA 31904. 2. Defendant, Lorraine R. Reiley, (the "Defendant"), is an adult individual and is the real owner of the premises hereinafter described. 3. Lorraine R. Reiley, Defendant, resides at 904 5th Street, New Cumberland, PA 17070. 4. On April 20, 1998, in consideration of a loan in the principal amount of $184,800.00, the Defendant executed and delivered to Greenpoint Mortgage Corp. a note (the "Note") with interest thereon at 8.750 percent per annum, payable as to the principal and interest in equal monthly installments of $1453.82 commencing June 1, 1998. 5. To secure the obligations under the Note, the Defendant executed and delivered to Greenpoint Mortgage Corp. a mortgage (the "Mortgage") dated April 20, 1998, recorded on April 21, 1998 in the Department of Records in and for the County of Cumberland under (00109051) -4k Mortgage Book 1447, Page 189. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 904 5th Street, New Cumberland, PA 17070. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The Defendant is in default of his/her obligations pursuant to the Note and Mortgage because payments of principal and interest due March 1,2006, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance of Principal $169,708.67 Accrued but Unpaid Interest from 3/1/06 to 6/13/06 @ 8.750% per annum ($40.68 per diem $6,227.98 Accrued Late Charges $72.69 Escrow Advance $1,095.87 Title Search Fees $350.00 Reasonable Attorney's Fees $1,250.00 TOTAL as of 06/13/2006 $178,705.21 Plus, the following amounts accrued after June 13, 2006: Interest at the Rate of 8.750 per cent per annum ($40.68 per diem); Late Charges of $72.70 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.SA 680.40 1 (c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendant at 904 5th Street, New Cumberland, PA 17070 as well as to address of residences as listed in paragraph 3 of this document on May 2, 2006, the notice pursuant to ' 403-C of Act 91, 11, and the applicable time periods therein have expired. True and correct copies of such notices are attached hereto as Exhibit "B" and made apart hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $178,705.21, plus the following amounts accruing after June 13, 2006, to the date of judgment: (a) interest of $40.68 per day, (b) late charges of $72.70 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. & A,$$OCIATES, LLC Pina S. WM Attorney for {00109051) ?' %` VERIFICATION I, Pina S. Wertzberger, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff s behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. ' 4904, relating to unworn falsification to authorities. {00109051} RC7RDWA W 90-01521714 M 15x2 cnR 1D2 M Dan 9Txm11 Sa Se! am0a7R Of In amtegO. CORM M ? Mb menu m Or DEWAU awls. u caORR DD ea aSna SIANU SAW VMR OF MISS= a0'NAII, YYR 1, DaSxD lax 4, 1991, Rl9mm 147 it, 19q, x10 maxsIo so R09MtR 19, loss, MISS orrl3 ae !R areDam! DS DSaD{ Q•p C0YCD.1147 Co ' reason m Al Is" Meat 7L, nm 30, AND a! m raise DR a aRn nmRlsa n 131s0p14 AND asa4erate9, IDOL , Ina ra1S2CDLY14L MONDaD !010 WIQ.Sad L sa,V.4I5t aa01ai0p u a Dom OR m a1mTS w MOM M 111Sa 921x04 OR in axmaxazD 7a 0 BUD 9oSM BE= 2ex a0D>9aR oomaa M Sat wo. I m Tea a4aa9am claw 2D a 9DLaJ rOna Roar " D801@x 42 la0Ra2 45 8110010! Sass ? DrlT M 189.00 rxwx !slow 1aRD0 RDR m rgaOtiD'S M OAM 1 D. 4 a U l0l a a x001 M lMaq.S 08 Dail R. a1A xVZOO a. . Alm TO m 2W RO M MM ? aODf 9 SB alPOM 09 16x02!! Is y0a0! 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PO Box 84013 Columbus GA 31908-013 Tel. 800.784.5566 Loan No. 0008801938 spew G m- ON ACT 91 NOTICE v TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Lorraine R Reiley 904 5th Street New Cumberland PA 17070 CL229/BJW-020385 Page 1 of 6 Atiw Imporbau Para Im pe.war saw. 89 Ao1 Si usted m cudeado d oonaaldo deenaeaapoc fsvs boap uutdocdao:ammdmutac 2300 Brookstona Centro Pkwy Columbus GA 31904 Customer Servies Hoors: Monday - Friday, 8:30 AM - 8:00 PM, Eastern w .greenpointasrvice.wm PLEASE NOTE THAT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUR DEBT WAS DISCHARGED IN A CHAPTER 7 BANKRUPTCY AND YOU DID NOT REAFFIRM, WE ARE NOT SEEKING PERSONAL LIABILITY ON THE NOTE. WE ARE PURSUING OUR RIGHTS AGAINST THE PROPERTY AS PROVIDED IN THE SECURITY AGREEMENT, WHICH MAY INCLUDE FORECLOSURE. 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. } PO Box 84013 Columbus OA 31908-4013 Tel. 800.784.5566 May 02, 2006 Loan No. 0008801938 LA NOTIFICACION EN ADTUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELIGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME: Lorraine R Reiley and PROPERTY ADDRESS: 904 5th Street New Cumberland PA 17070 LOAN ACCT. NO.: 0008801938 CURRENT LENDER/SERVICER: Greenpoint Mortgage Funding, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. e IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, e IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND e 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 this Notice. CL229/13JW-020385 Page 2 of 6 AAwImpo Pm L..e .Near nsp.&I Si oaW no eetiwWo elect"enids 4ewu unsp"rfev", obuugaw.n.bwxim 0moedimumc 2300 Brookstone Centre Pkwy Cotambm GA 31904 Customer Service Roan: Monday - Friday, 8:30 AM - 8:00 PM, Eeswra www.grmapoietservieacom May 02, 2006 PO Box 84013 Columbus GA 319084013 Tel. 800.784.5566 Loan No. 0008801938 61601111pbIf MR MMV 01 CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property 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 immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reasons set forth later in this Notice (see following pages 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 you must fill out, sign and file a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit 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 (30) 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 APPLICATION 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 by 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 PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) CL230JBJW-020385 Page 3 of 6 Av" WePencnra,on. ngs EU d. Si uued eo vmiendoeian caswlenids deeatnmapaOvocabuagsvreoWaccion inunedimronte 2300 Brookstone Centre Pkwy Columbus GA 31904 Customer Service Houmt Monday - Fridry, 8:30 AM - 8:00 PM, Eastern www.greenpointsmr icacom t. Y } PO Box 84013 Columbus GA 319084013 Tel. 800.784.5566 May 02, 2006 Loan No. 0006801938 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up-to-date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 904 5th Street, New Cumberland PA 17070, IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for 3 months. Your account is due for 03-01-06 and subsequent months in the amount of $ 1876.55 per month, totaling $ 5,629.65. Monthly Payments Plus $ 1876.55 Late Charges Accrued $ .00 NSF: $ .00 Other: - $ .00 (Suspense): $ 76.57 Total Amount to Cure Default $ 5629.65 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 $ 5,629.65 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY THREE (33) DAY PERIOD. Payments must be made either by a au.ie: a„u aau? w: Broocetone Centre Parkway, Columbus, GA 31904, Attention: Payment Processing Department. You can cure any other default by taking the following action within thirty three (33) days of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within thirty three (33) days of the date of this Notice, the lender intends to exercise its righte_to accelerate the mortgage debt. This means that the entire outstanding fiance 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 foreclosure upon your mortgage property. CL230/B,W-020385 Page 4 of 6 evi,s Wad*ispde meAnt.v t?fwmQ Bew Fspeori Staeu4 mesauteoel xes cgauumPOs favo[abmgsnmtndnccio*iYmmrcdYumnrc - 2300 Brookstone Centre Pkwy Columbus GA 31904 Customer Service Moan: Monday - Friday, 8:30 AM - 8:00 PM, Eastern www.8reeopuinessr iee.eom I . W. Y May 02, 2006 PO Box 84013 Columbus GA 31908-4013 Tel. 800.789.5566 Loan No. 0008801938 01'44106W l0 MR Mg 90 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 its 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 attoney's fees actually incurred by the lender even if they 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 OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. foreclosure proceedings have begun, - If you have not period and requirements unde the monrtgage. Curing your default in the manner set f i orth n this otice 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 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 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. CL231/B,7W-020385 Page 5 of 6 Arks Impe,bme Para Ls Feramas Bahia Faiu&l Si ustedm entbWnel M Wsidn demo eunPmtar nb"Jiama We%Q iM immedlno-nM 2310 Brooksame Centre Pkwy Columbus GA 31904 Customer Sarviea Haunt Monday - Friday, 8:30 AM - 8:00 PM, Eastern ww W.greeupointservieexom PO Box 84013 Columbus GA 319084013 Tel. 800.784.5566 May 02, 2006 Loan No. 0008801938 HOW TO CONTACT THE LENDER: GreenPoint Mortgage Funding, Inc. P.O. Box 8708 Columbus, GA. 31908 Greempbw ?0 FAR VMS EFFECT OF SHERIFFS 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 (C sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost 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 THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * 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. Sincerely, GreenPoint Mortgage Funding, Inc. CL231/BJW-020385 Page 6 of 6 A Impsrbods Para La Penn. Babls ROO-Pol SI ssw.emidMoelcgemi&& euecuapm&.obmnpa uad=lmimmediuoome 2300 Brookstone Centre Pkwy Columbus GA 31904 Customer Service Boors: Monday - Friday, 8:30 AM - 890 PM, Eastern w .grmmpolutservice.com THE WALZT'd CERTIFIED - MAILER= Label R7 Label #2 TO: ... Lorraine R Reiley 904 5th Street ' New Cumberland PA 17070 ?i SENDER: BTW-020385 f REFERENCE' Loan no. 0008801938 Illj! rs Fmm sera. sn,rn zoDS RENRN RE m SERJICE US PDeltl SWVIN POen1MK ON DArE Label R8 Receipt for l Certified Mall Sl p D4 6 c RO 3 ? a ? Dwa iw. i. O w ii FIXD ANDTEARTMBWAY-+ OPTIONAL i LOW 05 LxOY N Lorraine R Reiley • ?J D- ' 904 5th Street RR I' Y pp?? ? New Cumberland PA 17070 IIII N pN 11 Ch op NN N. Aa ant 7160 34U 0649 1654 4176 1 Ch e° RETURN RECEIPT REQUESTED saoANOTxARmYYxR w - - - ----- ---- - - - - ------- -- co X ?APM . a' y 71" 3'!b 1641 1659 4175. W Q < ?"°'? m 0. YdMxtlOiu dRYlnl xwelYm lR ?r :3 D Q NYF$xnYriNYy.MnxNOV. ? ? W W Q Q i S 6wla TRAY CEfRPFD YIIC I c 9 rFcQia aRaNRCISd DN.wyt lam. c..L i A tl N Ad& d w. 6 Loan No. 0008801938 - . r c .. . J C7 i 3 I Lorraine R Reiley Lou I c j W ? < i 904 5th Street Z i g= New Cumberland PA 17070 L j ? 9^ CO) ( ( F rD W ¢ ? e i ? "Q (? V r? ' t .T i r? un c? T a ?i Y? 4% t ' r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION GREENPOINT MORTGAGE FUNDING, Plaintiff VS. LORRAINE R. REILEY, Defendant(s) Case No.: 06-3401 Civil Term ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. After reasonable investigation, defendant(s) are without knowledge or information sufficient to form a belief regarding plaintiff's claim of default and the amount that is due. (Pa.R.C.P. 1029(c). The debtor(s) cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. 2. Insofar as an answer can be made, the defendant(s) state, upon information and belief, that the arrearage amount due on the mortgage is $8,975.00 which amount should be able to be paid within ninety days of filing of this answer. WHEREFORE, the defendant(s) pray(s) that plaintiff's complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the mortgage current. Frank E. Youric r., Esquire P.O. Box 644, M sville, PA 15668 (412) 243-5698 Pa. ID # 00245 V VERIFICATION FRANK E. YOURICK, JR., ESQUIRE hereby states that he is the attorney for Defendant(s) in this matter, that verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024(c) and that the statements made in the foregoing Answer to Complaint in Mortgage Foreclosure are based upon information supplied by Defendant(s) and are true and correct to the best of his knowledge, information and belief. CERTIFICATE OF SERVICE I certify that on the 5th day of July, 2006, I served a copy of the Answer to Plaintiff's Complaint upon the following by US first class mail, postage prepaid: Pina S. Wertzberger, Esquire Milstead & Associates, LLC 220 Lake Drive East Suite 301 Cherry Hill, NJ 08002 rank E. Yourick, Esquire Attorney for Defendant(s) P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PAID No.: 00245 r_, _. .. _3 _. - ? ___{ ._ ._ .i"_ r,.. '`? ...:` SHERIFF'S RETURN - REGULAR CASE NO: 2006-03401 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENPOINT MORTGAGE FUNDING VS REILEY LORRAINE R KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon REILEY LORRAINE R the DEFENDANT at 2029:00 HOURS, on the 19th day of June , 2006 at 904 5TH STREET NEW CUMBERLAND, PA 17070 MARK REILEY, SON by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 14.96 Affidavit .00 `? ..? Surcharge 10.00 R. Thomas Kline .00 42.96,/ 06/20/2006 g1,11ot- MILSTEAD & ASSOCIATES Sworn and Subscibed to / By: before me this day TT6r ff of A.D. MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff GreenPoint Mortgage Funding 2300 Brookstone Center Parkway Columbus, GA 31904, Our File No.: 06-9-04689 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Lorraine R. Reiley 904 5th Street New Cumberland, PA 17070, Defendant. No.: 06-3401 CIVIL CIVIL ACTION MORTGAGE FORECLOSURE MOTION FOR ENTRY OF JUDGMENT BY CONSENT COMES NOW, Plaintiff, GreenPoint Mortgage Funding, by its attorney, Pina S. Wertzberger, Esquire, and moves this Honorable Court to issue an Order for Entry of Judgment in Mortgage Foreclosure by Consent and in support thereof states the following: 1. PARTIES 1. Plaintiff, GreenPoint Mortgage Funding (the "Plaintiff'), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 2300 Brookstone Center Parkway, Columbus, GA 31904. 2. Defendant, Lorraine R. Reiley, (the "Defendant"), is an adult individual and is the real owner of the premises hereinafter described. Lorraine R. Reiley, Defendant, resides at 904 5th Street, New Cumberland, PA 17070. {00162601} II. BACKGROUND 3. On April 20, 1998, in consideration of a loan in the principal amount of $184,800.00, the Defendant executed and delivered to Greenpoint Mortgage Corp. a note (the "Note") with interest thereon at 8.750 percent per annum, payable as to the principal and interest in equal monthly installments of $1453.82 commencing June 1, 1998. 4. To secure the obligations under the Note, the Defendant executed and delivered to Greenpoint Mortgage Corp. a mortgage (the "Mortgage") dated April 20, 1998, recorded on April 21, 1998 in the Department of Records in and for the County of Cumberland under Mortgage Book 1447, Page 189. The Mortgage secures the following real property (the "Mortgaged Premises"): 904 5th Street, New Cumberland, PA 17070. 5. On account of a default under the Note and Mortgage, Plaintiff initiated this mortgage foreclosure action by way of complaint in mortgage foreclosure filed on June 15, 2006. 6. Defendant, through her attorney Frank Yourick, Jr., Esquire has consented to entry of an in rem judgment and has signed the proposed consent order, attached hereto. III. RELIEF REQUESTED 7. Plaintiff hereby restates and re-alleges each of the preceding paragraphs as though the same were set forth at length herein. 8. Plaintiff, with the expressed written consent of the Defendant, requests that this Honorable Court execute the attached consent judgment. WHEREFORE, it is respectfully requested that this Honorable Court sign the Order of Court entering Judgment in favor of Plaintiff and against the Defendant in the amount of $178,705.21, plus the following amounts accruing after June 13, 2006, to the date of judgment: (a) interest of $40.68 per day, (b) late charges of $72.70 per month, (c) plus interest at the legal {00162601} rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. Respectfully submitted, MILSTEAD & ASSOCIATES, LLC Pina S. We erger, Esquire Attorney ID No.: 77274 {00162601} MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff GreenPoint Mortgage Funding 2300 Brookstone Center Parkway Columbus, GA 31904, Our File No.: 06-9-04689 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Lorraine R. Reiley 904 5th Street New Cumberland, PA 17070, Defendant. No.: 06-3401 CIVIL CIVIL ACTION MORTGAGE FORECLOSURE PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR ENTRY OF JUDGMENT BY CONSENT Plaintiff, GreenPoint Mortgage Funding, files this Memorandum of Law in support of its Motion for Entry of Judgment by Consent (the "Motion") requesting that this Honorable Court enter the consent order for judgment. PARTIES Plaintiff, GreenPoint Mortgage Funding (the "Plaintiff'), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 2300 Brookstone Center Parkway, Columbus, GA 31904. Defendant, Lorraine R. Reiley, (the "Defendant"), is an adult individual and is the real owner of the premises hereinafter described. Lorraine R. Reiley, Defendant, resides at 904 5th Street, New Cumberland, PA 17070. and is represented by Frank Yourick, Jr., Esquire. {001626011 BACKGROUND On April 20, 1998, in consideration of a loan in the principal amount of $184,800.00, the Defendant executed and delivered to Greenpoint Mortgage Corp. a note (the "Note") with interest thereon at 8.750 percent per annum, payable as to the principal and interest in equal monthly installments of $1453.82 commencing June 1, 1998. To secure the obligations under the Note, the Defendant executed and delivered to Greenpoint Mortgage Corp. a mortgage (the "Mortgage") dated April 20, 1998, recorded on April 21, 1998 in the Department of Records in and for the County of Cumberland under Mortgage Book 1447, Page 189. The Mortgage secures the following real property (the "Mortgaged Premises"): 904 5th Street, New Cumberland, PA 17070. On account of a default under the Note and Mortgage, Plaintiff initiated this mortgage foreclosure action by way of complaint in mortgage foreclosure filed on June 15, 2006. Defendant, through her attorney Frank Yourick, Jr., Esquire has consented to entry of an in rem judgment and has signed the proposed consent order, attached hereto RELIEF REQUESTED Plaintiff, with the expressed consent of the Defendant, requests that this Honorable Court execute the attached consent judgment. CONCLUSION For the foregoing reasons, it is respectfully requested that this Honorable Court sign the Order of Court entering Judgment in favor of Plaintiff and against the Defendant in the amount of $178,705.21, plus the following amounts accruing after June 13, 2006, to the date of judgment: (a) interest of $40.68 per day, (b) late charges of $72.70 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if {00162601} any) hereafter incurred, (e) and costs of suit. Respectfully submitted, MILSTEAD & ASSOCIATES, LLC Date: April 16, 2007 Pina S. W rtzberger, Esquire Attorney No.:77274 {00162601} MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Our File No.: 06-9-04689 GreenPoint Mortgage Funding 2300 Brookstone Center Parkway Columbus, GA 31904, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Lorraine R. Reiley 904 5th Street New Cumberland, PA 17070, Defendant. No.: 06-3401 CIVIL CIVIL ACTION MORTGAGE FORECLOSURE ERTIFICATE OF SERVICE I, Pina S. Wertzberger, Esquire, counsel for Plaintiff, GreenPoint Mortgage Funding, hereby certify that a copy of the foregoing Motion was served on the following person by first class mail, postage prepaid, on the th day of April, 2007: Frank Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 Pina S. Wei Attorney IL erger, Esquire No.: 77274 {ooi626oi 1 f"+.7 _Y j ': p+ 'T_{ f Tl `{ .,3 ?; - ' i °i r ..? !_ -",? ? MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Our File No.: 06-9-04689 GreenPoint Mortgage Funding COURT OF COMMON PLEAS 2300 Brookstone Center Parkway CUMBERLAND COUNTY Columbus, GA 31904, Plaintiff, Vs. ; No.: 06-3401 CIVIL Lorraine R. Reiley CIVIL ACTION 904 5th Street MORTGAGE FORECLOSURE New Cumberland, PA 17070, Defendant. PRAECIPE TO ADD AMENDMENT TO MOTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly add the attached amendment to motion for entry of judgment by consent to the motion for entry of judgment by consent filed in this action. Pin "S. We brt rez er, Esquire Attorney ID No.: 77274 {00164877} MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff GreenPoint Mortgage Funding 2300 Brookstone Center Parkway Columbus, GA 31904, Plaintiff, Vs. Lorraine R. Reiley 904 5th Street New Cumberland, PA 17070, Defendant. Our File No.: 06-9-04689 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-3401 CIVIL CIVIL ACTION MORTGAGE FORECLOSURE AMENDMENT TO MOTION FOR ENTRY OF JUDGMENT BY CONSENT COMES NOW, Plaintiff, GreenPoint Mortgage Funding, by its attorney, Pina S. Wertzberger, Esquire, and amends the motion for entry of judgment by consent in accordance with Cumberland County Local Rule 208.3(a)(2) to add the following statement: No Judge has ruled upon any other issue in this case or any related matter. Respectfully submitted, MILSTEAD & ASSOCIATES, LLC 4Pia S. Wertzberger, Esquire Attorney ID No.: 77274 {00164877} } 1 MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff GreenPoint Mortgage Funding 2300 Brookstone Center Parkway Columbus, GA 31904, Plaintiff, Vs. Lorraine R. Reiley 904 5th Street New Cumberland, PA 17070, Defendant. Our File No.: 06-9-04689 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-3401 CIVIL CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Pina S. Wertzberger, Esquire, counsel for Plaintiff, GreenPoint Mortgage Funding, hereby certify that a copy of the foregoing Amendment to Motion was served on the following person by first class mail, postage prepaid, on the 26th day of April, 2007: Frank Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 Pina S. Wertz erger, Esquir -. Attorney ID No.: 77274 {00164877) ? ? Q T Y: 3 APR Sd 2007 MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff / File - 32-05088 GreenPoint Mortgage Funding COURT OF COMMON PLEAS 2300 Brookstone Center Parkway CUMBERLAND COUNTY Columbus, GA 31904, Plaintiff, Vs. No.: 06-3401 CIVIL T Lorraine R. Reiley CIVIL ACTION 904 5th Street MORTGAGE FORECLOSURE New Cumberland, PA 17070, Defendant. ORDER OF COURT FOR ENTRY OF JUDGMENT IN MORTGAGE FORECLOSURE BY CONSENT AND NOW, to wit, on this I r day of t??r , 2007, upon agreement of the Defendant, Lorraine R. Reiley, by and through her counsel, Frank Yourick, Jr., Esquire, and the Plaintiff, GreenPoint Mortgage Funding, ("Plaintiff'), by and through its counsel, Pina S. Wertzberger, Esquire, for the entry of judgment in mortgage foreclosure, it is hereby: 0IZDERED AND DECREED that an in rem judgment in mortgage foreclosure is entered in favor of Plaintiff and against the Defendant, Lorraine R. Reiley, in the amount of $178,705.21, plus the following amounts accruing after June 13, 2006, to the date of judgment: (a) interest of $40.68 per day, (b) late charges of $72.70 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. {00148604} IT IS FURTHER ORDERED AND DECREED that the Plaintiff may immediately file the instant Consent Judgment with the Court and may proceed to list immediately the property subject to this mortgage foreclosure action fc J. Agreed as to form: Milstead & Associates, LLC c ertzberger, Esquire Counsel for Plaintiff Frank Yourick, Jr., Esquire rank Yourick, Esquir Attorney for Defe dant '?p 4? {00148604} r\s l i v 10 S 0 .1 Wd ' I ?VfW L 0 0 Z ]HI ?O AbviC4 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Mortgage Funding, Plaintiff, Vs. Lorraine R. Reiley Defendant. CIVIL ACTION NO.: 06-3401 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of CUMBERLAND County; 2. Against the Defendant(s) in the above-captioned matter; 3. and index this writ against the Defendant(s) as follows: Lorraine R. Reiley Real Property involved: 904 5th Street New Cumberland, PA 17070 Amount Due Interest from 5/12/07 to 9/5/07 at $31.74 per diem (6%) TOTAL (Costs to be added) DATE: June 5, 2007 $193,083.37 Respectively submitted, Milstead & Associates, LLC Vina S. W rtiberger, Esquire Attorney for Plaintiff 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 u ?r t --'ors- •,?'? VVI jllc? r ? 2( '?? w ''? ?' • w ? ?: ` l°? l ? may. -?G L VV s ALL TIHUT CERTAIN ? of Ian& ?itgate ire:- e Boroitgh pf New Cumberland, County of Cumberland modCu .`nw6alth, of ?P nnsy lv ani a as shown. on the Final subdivision ,Plan of Idillsid+e `loo Phase I,,A ted May 4., 1995, re!rised May 18, 1995, and re rdod.,NoYe bier 17'.1995, fbe Of ce of the Border of Deeds-cif Cumberland C ; `P±pringylvamp:,bL pien l?o,Gk 71, 1?age SQL, and as set forth on a plan preparect,by 1jartn al :and??Aaacci,tes,' Ihj?., more particularly bounded anct described" as fbliows? E 2 BEGIbll? ING at a.p "6 `4ti .fier 444' y. line•of Fifth Street can the aforesaid Flan, said- poiait being 'thee s4uth669t ` Drner of Lot No. 5 on 'the aforesaid Plana thence N rth =`d6 degrees I'S 13 se a.ds West, • ? distai?c a of 1.46.31 -fset along Lot Ida , 5 on the ,' a?vresaitt ` I?l?n to a. ,point thetxce North 61 degrees 4 minutes 45- seobnds' Ea t a. d tn4po:of 1315.00 met along lands now ox frrrmerly or Donald E. Stoner and along, lands now, or forxhgr of Carl E. -and Evelyn G. Repine to a point; thenere 86uth'18 degrees'08 minutes 12 seconds East a distance of 178.59 feet to a point along the right o£ ay of l -Strut on the aforesaid flan; thence North 89 degrees, 46 minutes 5 seo?nrls Westr a distance of 43.30 feet along the r of of_ oy' Brie of Fifth Street tai 1 a point;: thence along the curve of the right-of- way of the aOi h Street havi a radins of 50.00 -feet and an are length of 27.02 feet to a: paint on the right-of wrap-o the said Fifth Street, said point being the place of BEGIN NINO. BEIN LLot ICI©:. G on .ihe ?gdTr .soa 8? divisi,O.a. Plhri. CONTAINING 14-980.683 aquarg.fieet moxe 9'r less, or 0.3441 cres, more, or less. Being known as 904 5th Street, New Cumberland, PA 17070 Tax Parcel Number: 25-25-0008-144 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3401 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GREENPOINT MORTGAGE FUNDING, Plaintiff (s) From LORRAINE R. REILEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (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 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 $193,083.37 L.L. $.50 Interest FROM 5/12/07 TO 9/5/07 AT $31.74 PER DIEM (6%) Atty's Comm % Due Prothy $2.00 Atty Paid $138.96 Plaintiff Paid Other Costs Date: JUNE 6, 2007 (Seal) REQUESTING PARTY: Name PINA S. WERTZBERGER, ESQUIRE Address: 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 uuputy Supreme Court ID No. 77274 MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff GreenPoint Mortgage Funding, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 06-3401 CIVIL TERM Vs. Lorraine R. Reiley, AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Defendant. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND GreenPoint Mortgage Funding, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 904 5th Street, New Cumberland, PA 17070: 1. Name and address of Owners(s) or Reputed Owner(s): Lorraine R. Reiley 904 5th Street New Cumberland, PA 17070 Lorraine R. Reiley c/o Frank E. Yourick, Esq. P.O. Box 644 Murrysville, PA 15668 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known 4. Name and Address of the last recorded holder of every mortgage of record: GreenPoint Mortgage Funding (Plaintiff herein) 2300 Brookstone Center Parkway Columbus, GA 31904 5. Name and address of every other person who has any record lien on the property: None Known 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: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 904 5th Street New Cumberland, PA 17070 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in the 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. Section 4904 relating to unswom falsification to authorities. ina S. We zberger, Esquire Attorney for Plaintiff Date: June 5, 2007 C7 0 0 -n nib CM r - (`` rTi V MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff GreenPoint Mortgage Funding, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 06-3401 CIVIL TERM Lorraine R. Reiley, NOTICE OF SHERRIF'S SALE OF Defendant. REAL PROPERTY PURSUANT TO PA.R.C.P.3129 TAKE NOTICE: Your house (real estate) at 904 5th Street, New Cumberland, PA 17070, is scheduled to be sold at sheriff's sale on September 5, 2007 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $193,083.37 obtained by GreenPoint Mortgage Funding. 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: 1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See notice on following page 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400. 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 a 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 on a date specified by the Sheriff not later than thirty days after 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. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU 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 Notice to Defend 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 32.05088 f n, LL TI A-T CERTAIN- lot of la ?cl taate irx`the ' ro gh .of New Cumberland, County of Curi herla,nd .d: Coiao`nwei an t?f;P"4nnsylvani.n as shown. on the Final. ubdiv ion "Plan of Idil?idb 1 oljam,'j -Pha sO l,;dAed May 4', 1995, revised May 18, 1995* and recrd+o gNover 17,,.'1995 , the -Office of the. ltxer of Deeds-of Cumberland Court , 'P yJV#nig 1' L Plate `Book 71, P'a. 30, and as set forth on a play prep ar, d by Harthian :and Asskiates, lhc., more particularly bounded and described" as follows." . ?:.. ; k T.a ClIh1NTl C at pci ton„tea sight Wray line of Fifth Street on the aforesaid Plan., said, point being the" sauth6ast, borber of Lbt No. 5 on-the aforesaid Plan; thence Nvh 45 'dgrees 58':13 seo,ds, crest, -A distance . of 146.31 fleet along Igo"t Nc ..5 'on tlae : al`?ar+ a d I lain to a . point; thence Mrth 61 degrees 42 n nutes 45 sends' Eaat' a. distance. of 135.00 et along lauds now or formerly of Danald. K Stoner and, afong lands now''. or f aerly of Carl Z. and Glyn G. Repine tQ a point;'thenae S6uth IS degreos'113 minutes,'12 secoruls East a distance of 178.59 feet to a point along the right-04-way of Fifth -Street on the aforesaid Plan; thence North 80 degrees 45 ruinutes 26 sekbnds est*F' a: distance of 43.30 feet along the r gljt,of way line c f Fifth Stet t6 g point;' t$hnae along the curve of the right-+ f way of the aW'd:N th Street lhavi a radius of 50.00 .feet and an are length of 27.02 feet to a po t the right-of way?.of the said r h; Street, said point being the pie of BEGIN NIIN , UiN Lot N'o .'0 oi6 .the `gkires tf 8 bd visloi flan. CONTAINING 14-980.6831 squar' feeet more or less or 0:3441 acres, more or less. Being known as 904 5th Street, New Cumberland, PA 17070 Tax Parcel Number: 25-25-0008-144 _TJ C 1 MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 GreenPoint Mortgage Funding, Plaintiff, Vs. Lorraine R. Reiley, Defendant(s). Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-3401 CIVIL TERM Entry of Appearance ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, GreenPoint Mortgage Funding, in the above captioned matter. MILSTEAD & ASSOCIATES, LLC Chrisovalante P. F akos, Esquire Attorney ID No. 94620 _ -t'1t it }3 C' 7 }? .<t=, GJ '"K A MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff GreenPoint Mortgage Funding, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. NO.: 06-3401 CIVIL TERM Lorraine R. Reiley, AFFIDAVIT PURSUANT TO Pa.R.C.P. 3129.2 Defendant. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND I, Chrisovalante P. Fliakos, Esquire, being duly sworn according to law upon my oath, depose and say, 1. On June 26, 2007, a copy of the Notice of Sheriff's Sale of Real Property was served on the defendant's attorney by ordinary mail. A copy of the certificate of mailing is attached hereto and made a part hereof as Exhibit "A". 2. On June 26, 2007, a notice of Sheriff's Sale was served upon lien holders of record and interested parties by ordinary mail. A copy of the certificate of mailing is attached hereto and made a part hereof as Exhibit "A". J?Q-- hrisovalante P. Fli os, Esquire Attorney ID No. 94620 Milstead and Associates, LLC Dated: August 3, 2007 t? ° ro N rn I o fl C C) to ° n m N cl> Z O ?c CD q A w a oo .1 ' O+ m OI m ? CD cD m a ?3 17 tQ Cn 3 .b O N p O C) Ce tD &OotLOc: lip; Q C 0 - W [J =r CD a a ? m 3. m oa3a-a?w.?' rc?r,x,??-?'• s°3 o coo -i3 C) M =r 963- 'K.6 lp t v: y N . N C3. N X C Cl) m om?-'-•ow?•3N y7Qoan w o a= 3 3 A,•p 6 N H1 O CS m O CD y CT :5 7 o, -• o w v a?, N IN, S N O N 0 0 =0 2 N 7 3 0Q`r O V CD (a go 0 - C2• S :1 _ 6.= 9 fD d CD tJl fD W CO tOi N 3 N N C 4! CD 41 '3 0 c to O N N CQ N 0 1 .sy c ?v, HOC -fin C) 'O O.. ? (DCD CD i C C? CD N N O N CD N ` N O O O CD Ai WI NI ;o t7' w w ?t::? C' ?. X b o CD a? t? y a ?..,, co n? i ono tri ? c?' ? J ?C J ? ?-3j• PiTf3CY EQVJES - : $ 01.400 fii,ARELD RRJIb# `- CJs IE C-012 lo -'f1?f15 2 `o r 0 m m Z G S m Q> Z 0 =0- D a ? O z >> ° m °mnc?r? v N N V o m ?vbto co?mQ z °?-Fm o° n 0°a ?N m a? wa ????" N Q 5 CD N o a CD ? rn w w r W A. N ? n ?? W m 1yry r g N.n • o D ?'0 7 O N N. 9T O = 0 c? m O d v 4D 'n m r CD tD m il tI ? { o D p O X "-) N '$ w a3 ? 0 D c ?C a• ?; 2 oan N C a m 1 N ' tD O ? ?;' ? C? ` -r_t ? G r? ?-? t ?'? ? _ r ,- _ ,? , . v .. - ...:? ('F'1 'y-° ?T .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and the Sheriff's Deed in which GreenPoint Mtg Funding is the grantee the sal do hereby certify that having been sold to said grantee on the 3rd day of Oct A.D., 2007, under and by virtue of a writ Execution issued on the 6th day of June, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 3401, at the suit of GreenPoint Mt Funding against Lorraine R Reilev is ly recorded as Instrument Number 200803013. IN TESTIMONY WHER] an seal of said office this A.D. s , I have hereunto set my hand 3f day of Y,7 7- n Re6Qrr der of Deeds Deads, Cumbedand County. Carwb. PA Sian Expires the Fbat Monday Ot Jan. 2010 Greenpoint Mortgage Funding VS Lorraine R. Reiley In The Court of Common Pleas of Cumberland Count, Pennsylvania Writ No. 2006-3401 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to 1 w, states that he made a diligent search and inquiry for the within named defendant, to wit: Lo aine R. Reiley, but was unable to locate her in his bailiwick. He therefore returns the within R al Estate Writ, Notice of Sheriff s Sale and Description as NOT FOUND as to the defendant, Lo aine R. Reiley. The house located at 904 5th Street, New Cumberland, PA appears vacant. The m '1 carrier advises he still delivers mail for the defendant to the given address, but she does not pick it up. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2007 at 1308 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Lorraine R. Reiley, located at 904 5th Street, New Cumberland, Cumberland County, 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 de cribed premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on October 03, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorn y Pina Wertzberger, on behalf of Greenpoint Mortgage Funding. It being the highest bid and best price received for the same, Greenpoint Mortgage Funding, of 7635 Ashley Park Court, Suit 503-K, Orlando, FL 32835, being the buyer in this execution, paid to Sheriff R. Thomas Kline the s of $1,032.40. Sheriff s Costs: Docketing $30.00 Poundage 19.85 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 34.56 Levy 15.00 Surcharge 20.00 Post Pone Sale 20.00 Law Journal 365.00 Patriot News 356.30 Share of Bills 15.69 Distribution of Proceeds 25.00 Sheriff s Deed 40.50 $ 1,032.40 ? -?l?G?e f ?- adlv y7' s ,.10 a,DgOi So Answers: R. Thomas Kline, Sheriff B Ys, ) Real Estate geant MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff GreenPoint Mortgage Funding, COURT OF COM ON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 06-3401 CIVIL TERM Vs. Lorraine R. Reiley, AFFIDAVIT OF SERVICE PURSUANT TOR LE 3129.1 Defendant. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND GreenPoint Mortgage Funding, Plaintiff in the above enti as of the date the praecipe for writ of execution was filed the follov the real property located at 904 5th Street, New Cumberland, PA 1'. 1. Name and address of Owners(s) or Reputed Owner(s): Lorraine R. Reiley 904 5th Street New Cumberland, PA 17070 Lorraine R. Reiley c/o Frank E. Yourick, Esq. P.O. Box 644 Murrysville, PA 15668 2. Name and address of Defendant(s) in the Judgment: Same as above cause of action, sets forth information concerning 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known 4. Name and Address of the last recorded holder of every mortgage of record: GreenPoint Mortgage Funding (Plaintiff herein) 2300 Brookstone Center Parkway Columbus, GA 31904 5. Name and address of every other person who has any record None Known 6. Name and address of every other person who has any record whose interest may be affected by the sale: on the property: in the property and None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 904 5th Street New Cumberland, PA 17070 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Department of Dom Cumberland County 13 N. Hanover Stree Carlisle, PA 17013 I verify that the statements made in the Affidavit are true and cc personal knowledge or information and belief. I understand that false made subject to the penalties of 18 Pa. C.S. Section 4904 relating to un authorities. Relations to the best of my Lents herein are i falsification to Pina S. We zberger, Esquire Attorney f r Plaintiff Date: June 5, 2007 l ? t MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for GreenPoint Mortgage Funding, COURT OF COMMON PLEAS CUMBERLAND OUNTY Plaintiff, Vs. No.: 06-3401 CIWL TERM Lorraine R. Reiley, NOTICE OF SHE 'S SALE OF Defendant. REAL PROPERT PURSUANT TO PA.R.C.P.3129 TAKE NOTICE: Your house (real estate) at 904 5th Street, New Cumberland, P. be sold at sheriff's sale on September 5, 2007 at 10:00 am in the Comp Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Cc $193,083.37 obtained by GreenPoint Mortgage Funding. NOTICE OF OWNER'S RIGHTS To Prevent this Sheriff's Sale you must take immediate action: 17070, is scheduled to ssioner's Hearing Room, t Judgment of 1. The Sale will be cancelled if you pay to Milstead & Associ tes LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal pr ceedings. 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 following page on how to obtain anttorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 850-482-1400. IL- 2. You may be able to petition the Court to set aside the Sale'xf the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Ass ciates at 856-482-1400. 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 a right to remain in the property until the full Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the proceedings to evict you. 6. You may be entitled to a share of the money which was pai Schedule of distribution of the money bid for your house will be filed specified by the Sheriff not later than thirty days after the sale. This s be receiving that money. The money will be paid out in accordance v exceptions (reasons why the proposed distribution is wrong) are filed (10) days after. 7. You may also have other rights and defenses, or ways of you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONC: HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEL: LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL Cumberland County Notice to Defend 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 due is paid to the may bring legal for your house. A y the Sheriff on a date kedule will state who will h this schedule unless ith the Sheriff within ten your house back, if IF YOU DO NOT HONE THE OFFICE 32.05088 ALL THAT CERTAIN . t of Ian q t?iate in`f e, Boro'gh of New Cumberland, CGunty of Cumherlapd nd'.Co#=on*ealth ;Pbnusylva as own on the Final Subdivis'onPlan of ITillsidp 'Holjo* `Phaso 1,,Ak'ted May 1, 1995; reayised May 18, 1995, and, re rrded'- Novem-beer 17,,J995, im the-; OfB of he. R border cif Deeds-of Cumberland C u ; ` '± ix yl z: ° xr'P'l `B€?c k 710 Pap 30, and as set ortl on a plant: prepared by Elarthian ;and'• Aeagciates, ` Ri ., Moxeantic rly bounded anti descriW as fblly? q; v 5•, l E( IN NG at a paint € n f h6 r?ht*4way lifie of F'ifl? Street on the aforesaid Plan, saxd• point being 'the=` southeast' eorner of lit No. on 'the aforesaid Plan; thence Nord ,'45 oge,6s 58 m t?s':13 s60gad9, Vest, - - distance . of 146.31 -feet along Lot loci: -5 on the ' a 6te'said'? , lain to a, - fioint, the ce North 61 degrees 42 mmutes 45- seen da ` Ln t` a dikta 0. of 135.69 fat alo g antds now or formerly of Donald E. Stoner arid- along lands now', or fc rme ly* of Karl R. and Evelyn G. Repine to a pt r, thence %uth 18 degree, 08 minutes, 12 seconds ast a distance of 178.59 feet to a point along the right-0f way of Fifth -Street on t e aforesaid Plan, thence North. 80 dues 45 minutes 25 seci>nds West,' a distant of 43.30 :feet along the ri&t-of-way line of Pith Street ,t6 A gointx` thoncse alc g he curve of the right-of- way of the s'a,id.Fii h ,Street liar a'radius of?50,00.feet s ;d an arc length of 27.02 feet to a point on the right-of-way.vfthe said Mh Street, aid; point being the p ce of BEGIN VINO. BEING apt hTa:; ax .thy ift reaa Subdivision, Tl&a. 9 . . CONTAINING, 14;980.6833, sclunr 4 mare or less, or 0.3 41 acres, more or less. Being known as 904 5th Street, New Cumberland, PA 17070 Tax Parcel Number: 25-25-0008-144 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GREENPOINT From LORRAINE R. REILEY NO 06-401 Civil CIVIL ACTION - LAW (1) You are directed to levy upon the property of the defendant (s)and to sell DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gar paying any debt to or for the account of the defendant (s) and from delivering an (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is f of anyone other than a named garnishee, you are directed to notify him/her that 1 garnishee and is enjoined as above stated. Amount Due $193,083.37 L.L. $.50 Interest FROM 5/12/07 TO 9/5/07 AT $31.74 PER DIEM (6%) Atty's Comm % Due Prothy $2.00 Atty Paid $138.96 Plaintiff Paid Date: JUNE 6, 2007 Other Costs R. (Seal) REQUESTING PARTY: Name PINA S. WERTZBERGER, ESQUIRE Address: 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 77274 FUNDING, Plaintiff (s) LEGAL in the possession shee(s) is enjoined from property of the defendant in the possession has been added as a OPP en= 0 Real Estate Sale # 65 On June 14, 2007 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 904 5th Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2007 By: 1 Estge Sergeant Rea L? :Z 61 ( i`'?1`? LU011 f I. THE PATRIOT NEWS THE SUNDAY PATRIOT NE S Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Shannon D. Billhime, being duly sworn according to law, deposes and say That she is a Staff Accountant with 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 The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and p blished at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunda 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 in the 18th and 5th day(s) of July and the 1st day(s) of August 2007. That neither he nor said Company is interested in the subjec 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 authorize 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 ' Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #65 ... ..... ..................................... ""9 ... .- ... . Sworn to and subscribed MCi 9 6N* _ A.D. tV taria! Ses? City Dai,pia County My C'ornriiis,i ri E x ;rune ?, 2010 e te. r'c' +y!v r.; - Di Notaries Ivi 4,,'17z 7.x„ „ CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY C URTHOUSE CARLISLE, PA. 17013 .? PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND . Lisa Marie Coyne, Esquire, Editor of the Cumberland Law J urnal, of the County and State aforesaid, being duly sworn, according to law, deposes and says hat 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 a said Cumberland Law Journal on the following dates, viz: Jul 20, Jul 27, and August 3, 2007 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. is arie Coyne, itor SWORN TO AND SUBSC ED before me this day of August. 007 / _ / //- Notary CARLISLE BORO, My Commlulon AL SEAL A COLLINS Public RERLAND COUNTY p ro$ Apr 28, 2010 RX" SWATE SALZ NO. " Writ No. 2006-3401 Civil Greenpoint Mortgage Funding VS. Lorraine R. Reiley Atty.: Pina S. Wertzberger DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of New Cum- berland, County of Cumberland and Commonwealth of Pennsylvania as shown on the Final Subdivision Plan of Hillside Hollow, Phase I, dated May 4, 1995, revised May 18, 1995, and recorded November 17, 1995, in the Office of the Recorder of Deeds of Cumberland County, Pennsylva- nia in Plan Book 71, Page 30, and as set forth on a plan prepared by Hartman and Associates, Inc., more particularly bounded and described as follows: BEGINNING at a point on the right-of-way line of Fifth Street on the aforesaid Plan, said point being the southeast corner of Lot No. 5 on the aforesaid Plan; thence North 45 degrees 58 minutes 13 seconds West, a distance of 146.31 feet along Lot No. 5 on the aforesaid Plan to a point: thence North 61 degrees 42 minutes 45 seconds East a distance of 135.00 feet along lands now or formerly of Donald E. Stoner and along lands now or formerly of Carl E. and Evelyn G. Repine to a point; thence South 18 degrees 08 minutes 12 seconds East a distance of 178.59 feet to a point along the right-of-way of Fifth Street on the aforesaid Plan; thence North 80 degrees 45 minutes 25 seconds West, a disance of 43.30 feet along the right-of-way line of Fifth Street to a point; thence along the curve of the right-of-way of the said Fifth Street having a radius of 50.00 feet and an arc length of 27.02 feet to a point on the right-of-way of the said Fifth Street, and point being the place of BEGINNING. BEING Lot No. 6 on the aforesaid Subdivision Plan. CONTAINING 14,980.6831 square feet, more or less, or 0.3441 acres, more or less. Being known as 904 5th Street, New Cumberland, PA 17070. Tax Parcel Number: 25-25-0008-144. MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Greenpoint Mortgage Funding, Plaintiff Vs. Lorraine R. Reiley, Defendant. Attorney for Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY No.: 06-3401 CIVIL TERM PETITION TO STRIKE RECORDED SHERIFF'S DEED IN ORDER TO RECORD CORRECTED SHERIFF'S DEED Plaintiff, Greenpoint Mortgage Funding, ("Plaintiff') by and through its attorneys, Milstead & Associates, LLC, respectfully moves this honorable court to grant its petition to strike recorded sheriff's deed in order to record corrected sheriff's deed and in support thereof, avers the following. 1. INTRODUCTION 1. This Petition comes upon an action in mortgage foreclosure. 2. Through error, following the sheriff's sale of the real property subject to the mortgage foreclosure action, the sheriff s deed listed the incorrect grantee. Accordingly, Plaintiff seeks to strike the sheriff s deed recorded with the incorrect grantee and record a deed listing the correct grantee. II. PARTIES 3. Plaintiff, Greenpoint Mortgage Funding, is a mortgage company, having an office {00275185} and place of business at 2300 Brookstone Parkway, Columbus, GA 31904. 4. The named party defendant, Lorraine R. Reiley, is the former real owner of the premises hereinafter described. Lorraine R. Reiley, Defendant, has a last known address of 904 5 h Street, New Cumberland, PA 17070. 6. On April 20, 1998, Defendant, Lorraine R. Reiley, executed and delivered to Greenpoint Mortgage Funding a note (the "Note") and mortgage (the "Mortgage"). The Mortgage was recorded on April 21, 1998 in the Department of Records in and for the County of Cumberland under Mortgage Book 1447, Page 189. The mortgage was assigned to Private Capital Group, LLC and recorded on November 8, 2007 in the Department of Records in and for the County of County Cumberland under Instrument Number 200742324. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. 7. The said Note and Mortgage were in the principal amount of $184,800.00, with interest thereon at 8.75% per annum, payable as to the principal and interest in equal monthly installments of $1,453.82 commencing June 1, 1998. The Mortgage covers the following real estate (the "Mortgaged Premises"): 904 5th Street, New Cumberland, PA 17070. 9. On account of an event of default as described in the mortgage, on or about June 15, 2006, the Lender initiated the instant action in mortgage foreclosure. 10. The Lender foreclosed the Mortgaged Premises. 11. Subsequent to the entry of judgment and issuance of a writ of execution the Mortgaged Premises was sold by the Sheriff of Cumberland County at Sheriff's Sale on October 3, 2007, after due advertisement according to law, under and by virtue of a Writ of Execution, {00275185) out of the Court of Common Pleas of Cumberland County, under the instant court term and number. 12. Said Premises was purchased at the aforementioned sale by the attorney on the writ, the bid subsequently having been assigned to Plaintiff. 13. The Sheriff's Office prepared and recorded the Sheriff's Deed on January 31, 2008 in the Cumberland County Recorder of Deeds at Instrument Number 200803013. A copy of said deed as recorded is attached hereto, made a part hereof, and marked as Exhibit "A". 14. Through inadvertence or mistake, Attorney for the Plaintiff incorrectly instructed the Sheriffs office to prepare the aforementioned Sheriff's Deed to Greenpoint Mortgage Funding. The information that appears on the deed is inconsistent with the current holder of the mortgage, Private Capital Group, LLC. 15. Plaintiff now seeks an order to strike the incorrect Sheriff s Deed and have the sheriff's office prepare and record a corrective sheriff s deed with all costs covered by Plaintiff. WHEREFORE, Plaintiff, Greenpoint Mortgage Funding respectfully requests that this honorable court enter an order striking the recorded Sheriff's Deed recorded on January 31, 2008 at Instrument Number 200803013 and directing the Sheriff s Office of Cumberland County to prepare and record a new deed to Private Capital Group, LLC, with all costs covered by Plaintiff. MILSTEAD & ASSOCIATES, LLC Ivn'4 Mary L. Hare ert-Bell, Esquire Attorney for Plaintiff (00275185) Exhibit A {002'75185) ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200803013 Recorded On 1/3112008 At 8:28:09 AM * Instrument Type - DEED-SHERIFF'S Invoice Number -13477 User ID - JM * Grantor - REILEY, LORRAINE R * Grantee - GREENPOINT MORTGAGE FUNDING * Customer - CUMB CTY SHERIFF * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $13.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 WEST SHORE SCHOOL $0.00 DISTRICT NEW CUMBERLAND BOROUGH $0.00 TOTAL PAID $40.50 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER OF IIi D rsao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. III IIIVINIMINI 301 e Tax Parcel No. 25-25-0008-144 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 GreenPoint Mortgage Funding Real Estate Sale No. 65 Writ No. 2006-3401 Civil Term Greenpoint Mortgage Funding V8 Lorraine R. Reiley Atty. Pina S. Wertzberger DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania as shown on the Final Subdivision Plan of Hillside Hollow, Phase 1, dated May 4, 1995, revised May 18, 1995, and recorded November 17, 1995, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 71, Page 30, and as set forth on a plan prepared by Hartman and Associates, Inc., more particularly bounded and described as follows: BEGINNING at a point on the right-of-way line of Fifth Street on the aforesaid Plan, said point being the southeast comer of Lot No. 5 on the aforesaid Plan; thence North 45 degrees 58 minutes 13 seconds West, a distance of 146.31 feet along Lot No. 5 on the aforesaid Plan to a point: thence North 61 degrees 42 minutes 45 seconds East a distance of 135.00 feet along lands now or formerly of Donald E. Stoner and along lands now or formerly of Carl E. and Evelyn G. Repine to a point; thence South 18 degrees 08 minutes 12 seconds But a distance of 178.59 feet to a point along the right-of-way of Fifth Street on the aforesaid Plan; thence North 80 degrees 45 minutes 25 seconds West, a disance of 43.30 feet along the right-of-way line of Fifth Street to a point; thence along the curve of the right-of-way of the said Fifth Street having a radius of 50.00 feet and an arc length of 27.02 feet to a point on the right-of-way of the said Fifth Street, and point being the place of BEGINNING. BEING Lot No. 6 on the aforesaid Subdivision Plan. CONTAINING 14,980.6831 square feet, more or less, or 0.3441 acres, more or less. Being known as 904 5th Street, New Cumberland, PA 17070 Tax Parcel Number: 25-25-0008-144 The same having been sold by me to the said grantee on the 3rd day of October Anno Domini Two Thousand and Seven (2007) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 6th day of June Anno Domini 2007 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Six (2006) Number 3401 at the suit of GreenPoint Mortgage Funding against Lorraine R. Reiley. In Witness Wereof, I have hereunto affixed my signature this 29th day of January Anno Domini Two Thousand and Eight (2008) . Thomas Kline heriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Renee . , Simpson, Deputy of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 29th day of January Two Thousand and Eight (2008) N V; a" A ;'Alb 6i.. e? w'p e NOTARIAL SEAL. MUSLECUMMUMNC H Ty M ESIM MUM IAMII Anno Domini I ere y And Post Office address of the Within Grantee is 7635 Ashley Park Court, Suite 503-K Orlando, FL 32835 Solicitor ?. t;Sir MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Greenpoint Mortgage Funding, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY Plaintiff . Vs. No.: 06-3401 CIVIL TERM Lorraine R. Reiley, . Defendant. . 1. INTRODUCTION The instant action is an action in mortgage foreclosure commenced by Plaintiff against the defendant, Lorraine R. Reiley ("Defendant") on or about June 15, 2006. The real property subject to Plaintiff's Mortgage is commonly known as 905 50' Street, New Cumberland, PA 17070("Premises" or "Property"). The Defendant was served with the Complaint on June 16, 2006. Through error, following the sheriff's sale of the real property subject to the mortgage foreclosure action, the sheriff's deed listed the incorrect grantee. Accordingly, Plaintiff seeks to strike the sheriff's deed recorded with the incorrect grantee and record a deed listing the correct grantee. II. PARTIES Plaintiff, Greenpoint Mortgage Funding, is a mortgage company, having an office and place of business at 2300 Brookstone Parkway, Columbus, GA 31904. The named party (00775185) defendant, Lorraine R. Reiley, is the former real owner of the premises hereinafter described. Lorraine R. Reiley, Defendant, has a last known address of 905 5d' Street, New Cumberland, PA 17070. III. BACKGROUND On April 20, 1998, Defendant, Lorraine R. Reiley, executed and delivered to Greenpoint Mortgage Funding a note (the "Note") and mortgage (the "Mortgage"). The Mortgage was recorded on April 21, 1998 in the Department of Records in and for the County of Cumberland under Mortgage Book 1447, Page 189. The mortgage was assigned to Private Capital Group, LLC and recorded on November 8, 2007 in the Department of Records in and for the County of County Cumberland under Instrument Number 200742324. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. The said Note and Mortgage were in the principal amount of $184,800.00, with interest thereon at 8.75% per annum, payable as to the principal and interest in equal monthly installments of $1,453.82 commencing June 1, 1998. The Mortgage covers the following real estate (the "Mortgaged Premises"): 904 5t` Street, New Cumberland, PA 17070. On account of an event of default as described in the mortgage, on or about June 15, 2006, the Lender initiated the instant action in mortgage foreclosure. The Lender foreclosed the Mortgaged Premises. Subsequent to the entry of judgment and issuance of a writ of execution the Mortgaged Premises was sold by the Sheriff of Cumberland County at Sheriff's Sale on October 3, 2007, after due advertisement according to law, under and by virtue of a Writ of Execution, out of the Court of Common Pleas of Cumberland County, under the instant court term and number. Said Premises was purchased at the aforementioned sale by the attorney on the writ, the bid subsequently having been assigned to Plaintiff. The Sheriff's Office prepared and (00275185) recorded the Sheriff's Deed on January 31, 2008 in the Cumberland County Recorder of Deeds at Instrument Number 200803013. Through inadvertence or mistake, Attorney for the Plaintiff incorrectly instructed the Sheriff's office to prepare the aforementioned Sheriff's Deed to Greenpoint Mortgage Funding. The information that appears on the deed is inconsistent with the current holder of the mortgage, Private Capital Group, LLC. Plaintiff now seeks an order to strike the incorrect Sheriff's Deed and have the sheriff s office prepare and record a corrective sheriff's deed with all costs covered by Plaintiff. III. LEGAL ARGUMENT 1. Plaintiff is Entitled to Equitable Relief for an Order Vacating the Recorded Sheriff's Deed Pennsylvania law has long held that a court of equity has jurisdiction and, in further of justice, will afford relief if the statutory or legal remedy is inadequate, or if equitable relief is necessary to prevent irreparable harm. Martino v. Transport Workers' Union Local 234, 505 Pa. 391, 480 A.2d 242 (1984). Moreover, a court of equity has the power to afford relief despite the existence of a legal remedy when, from the nature and complications of a given case, justice can be best reached by means of equity's flexible machinery. Hill v. Nationwide Insurance Co., 391 Pa.Super. 184, 188, 570 A.2d 574, 576 (1990)( uotin , Pietzman v. Seidman, 285 Pa.Super. 228, 234 n. 4, 427 A.2d 196, 199 n. 4 (1981)), First Coital Life Insurance Company v. Schneider, Inc., 415 Pa.Super. 204, 608 A.2d 1082 (1992). The Hill court discussed the concept of an adequate and complete remedy at law in greater detail: To induce equity to refuse its aid to a suitor, it is not sufficient that he may have some remedy at law. An existing remedy at law to induce equity to decline the exercise of its jurisdiction in favor of a suitor must be an adequate and complete one. And when from the nature and complication of a given case, if justice can best be reached, by means of the flexible machinery of a court of equity, in short where a full and complete remedy cannot be afforded at law, equity extends its jurisdiction in furtherance of justice. {00275185} Hill, 391 Pa.Super. 184, 188. In accordance with the above well-settled authority, Plaintiff is entitled to the equitable relief to have the Deed corrected. IV. CONCLUSION For the above reasons, Plaintiff, Greenpoint Mortgage Funding, respectfully requests that this honorable court enter an order striking the recorded Sheriff's Deed recorded on January 31, 2008 at Instrument Number 200803013 and directing the Sheriff's Office of Cumberland County to prepare and record a new deed to Private Capital Group, LLC, with all costs covered by Plaintiff. Respectfully submitted, MILSTEAD & ASSOCIATES, LLC ,/YEA Mary L. Harbert-Bell, Esquire Attorney for Plaintiff (00275185) MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Greenpoint Mortgage Funding, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY Plaintiff Vs. No.: 06-3401 CIVIL TERM Lorraine R. Reiley, Defendant. CERTIFICATE OF SERVICE I, Mary L. Harbert-Bell, Esquire, counsel for Plaintiff, hereby certify that a copy of the foregoing Motion to Strike Recorded Sheriff s Deed was served on the following persons by first class mail, postage pre-paid, on the 25`x' day of August, 2008: Lorraine R. Reiley 904 5' Street New Cumberland, PA 17070 Office of the Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Lawrence G. Frank, Esquire 2023 North Second Street Harrisburg, PA 17102 ?oa -_ Mary L. Harbert-Bell, Esquire Attorney for Plaintiff (00275195) 1 l??I l W GREENPOINT MORTGAGE FUNDING,:IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA VS. No. 06-3401 Civil Term LORRAINE R. REILEY, Defendant ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with Milstead & Associates, LLC, for the limited purpose of representing the Plaintiff at Rule Returnable Oral Argument. Date: August 26, 2008 Dale F. ShudVa __1 r. Supreme Court .D. 19373 10 west High Street Carlisle, PA 17013 (717) 241-4311 cc: Mary L. Harbert-Bell, Esquire, Attorney for Plaintiff Lorraine R. Reiley, Defendant Lawrence G. Frank, Esquire R. Thomas Kline, Sheriff f') rti, CZI) co i ??"? y T r AUG 2 8 Z008 GREENPOINT MORTGAGE FUNDING,:IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA VS. No. 06-3401 Civil Term LORRAINE R. REILEY, Defendant AND NOW, this a?day of 2008, a Rule is entered upon the Defendant Lorraine R. Reiley, Lawrence G. Frank, Esquire, and R. Thomas Kline, Sheriff of Cumberland County, to show cause why an Order should not be entered granting Plaintiff's Petition To Strike Recorded Sheriff's Deed In Order To Record Corrected Sheriff's Deed, at sole cost to the Plaintiff.* Rule returnable on the ( day of Q , 2008 at ?D o'clock -P-.m.,courtroom No.? of the Cumberland County Courthgse, Carlisle, PA. B4 the C J. Cc ary L. Harbert-Bell, Esquire, Attorney for Plaintiff d_o raine R. Reiley, Defendant ?Zawrence G. Frank, Esquire R Thomas Kline, Cumberland County Sheriff /ale F. Shughart, Jr., Esquire ? WxC4R 1 :g WV CC ?Av 8002 MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Greenpoint Mortgage Funding, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY Plaintiff Vs. No.: 06-3401 CIVIL TERM Lorraine R. Reiley, Defendant. A AND NOW, to wit, this day of ORDER ajjc7L? , 2008, and based upon the foregoing Motion to Strike Recorded Sheriff's Deed, it is hereby ORDERED, ADJUDGED and DECREED that Recorder of Deeds of Cumberland County shall strike, and otherwise void the Sheriff's Deed dated recorded on January 31, 2008 at Instrument Number 200803013, and shall render same a nullity with all costs paid by Plaintiff. IT IS FURTHER ORDERED that the Sheriff's Office of Cumberland County shall prepare and corrective sheriff's deed with the correct grantee with all costs covered by Plaintiff. J. (00275185) c, o ?d (p?pl "C?'C.tti /O Jr,(rri1cc?7Y #7 e, ?t 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 PRIVATE CAPITAL GROUP LLC is the grantee the same having been sold to said grantee on the 3RD day of OCT A.D., 2007, under and by virtue of a writ Execution issued on the 6TH day of JUNE, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 3401, at the suit of GREENPOINT MTG FUNDING against LORRAINE R REILEY is duly recorded as Instrument Number 200835949. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 3 day of xe' ?A.D. 2g (\ of Deeds RooWer of D.-Ids, Cumbedend County. Cag* PA My CWn"w Evims to Fiat Mwfty Of jW Xj0