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Home My WebLink About02-2118FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 V. Plaintiff TERM SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. 1005 HARRIET STREET CARLISLE, PA. 17013 Defendant(s) NO. Oa - d,//P C)IU,C '' r CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 5669876 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) of the Defendant(s) are: SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. 1005 HARRIET STREET CARLISLE, PA. 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 3/7/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AEGIS MORTGAGE CORPORATION DB/A NEW AMERICA FINANCIAL which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1599, Page 979. By Assignment of Mortgage recorded 10/16/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 657, Page 427. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $154,207.89 Interest 5,741.02 11/1/01 through 4/1/02 (Per Diem $38.02) Attorney's Fees 1,225.00 Cumulative Late Charges 248.24 3/7/00 to 4/1/02 Cost of Suit and Title Search 550.00 Subtotal $161,972.15 Escrow Credit 0.00 Deficit 38.90 Subtotal 38.90 TOTAL $162,011.05 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff s written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $162,011.05, together with interest from 4/1/02 at the rate of $38.02 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 04/03/B2 11:39:01 i - sgd o 4z? After RltmrAng Phase Ratura Tor 'Aegis Mortgage Corp=atit:ur coo SMI Post Closing/L. Boedeker (CanpwNuml [Nam afNetural Pmml 3910 Kirby Drive, SUite 300 [Stmet Ad&=) HCUMM, 7% 77099 [city, stair ZIP] loan No.: 3020261 1 MORTGAGE 215 563 5534 nM.W? 9974 5W-174 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY-PA r00 MRR 10 PM w 00 [epee Atleve n" Lm For R&wdtaa Duo] ("Prop" Address"); THIS MORTGAGE ("Security Instrument") is given on M3YCh 7 2000 . The tnvrtgaoot is atat:X.rtet: W. CLIFF= turd JNJ S B. CLJFFC C JR. , wife and luabatrld ("Borrowco. This Sccurily Instrument is given to Aegis Mortgage Qorporation dba New America Financial which is organized and existing tinder the laws of Lhe State of Oklatn and whose address is 11111 Wilareot Qmek, #250, Houston, TX 77042 care hlandr+ed fifty six thousand and N01100ths (1cadar,l). DomwerovmLendar- theprincipalsemcf Dollars (U.S. S 156,000-00 ). This debt is evidenced by Borrower's note dated the same date as this Security Itrstnurtemt (Waal)" which provides for monthly pamnents, kith the full debt, if not paid earlier, due and payable on April 1 2030 This Security lEmment semen to Lender. (a) the repayttleW or W debt evidenced by the Note, with interest, and all rrncwa[s ottensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the sorority dthis Savrity Instrument. end (c) the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this pmpm Borrower does hereby mortgage, grant and convey to Lender the following described property located in dmbeir1,and Comm Pcmrsylvania: ,SEE EX?IBIT "A" ATPA= HE3i:EIC. which has the address of 1005 HARRIS: Srp= (?9 Carlisle Pennsylvania 17013 [City] inp Codes Tea COMMA= souaea, INC. To Order Call: (972) 9M1179•Fm (rn) 397.2991 .eanplia"alaea.e Page OOZ (pane 1 of s saps) IY IrY.G1 pea BOOK 1599 na 379 04/83/82 11:3928 -> 215 563 5534 Page 883 n ' TOOL- TIM WM I all the impravarwrrts new or hereafter erected rot"property, and all easements, appurtatances, and fwum now of hauler s pet of The property. All replacematts told ere ainion9 shall also be covered by this Security Instrument. All of the foregoing is refared to in tuba Security lttsnitntant as the "Property," BORROWER COVENANTS that Borrower is lawfully seised dthe estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, ateept for encumbrances ofreoord. Borrower warrants and will defend generally tote title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY MTRUI ONT cembinea uniform covaw»s ibr national use and non-uniform covenants with limited variations by jurisdiction to contttibtte a uniform security it strument covering real property, UNIFORM COVENANTS. Borrower sad Lender o ovamt and agree as follows: 1. PaymeetofPrincipal and hiterest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges slue under the Note. 7. Fuhdi far Tat& and lmaratsea Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the daymmthly paythem erne due under the Note, until the Note is paid in tall, a stmt ("Funds') for: (a) yearly taxes and assessmienus which may again pnonry over this Security lnetnanent as a lien an the Property, (b) yearly leasehold payments or ground rents on the Property, if any, (e) yearly hazard or ley insuranoe presmurns: (d) yearly flood insurance premiums. if arty; (e) yearly mortgage instra ere promarns, if my; and (t) any sums payable by Barrowa to L aida, in amordatcc with the provisions of paragraph 8, in lieu or the payment of mortgage mnrance premiums. These items we called "Escrow Items " Lander may, at any time. collect and hold Funds in an amount not to exceed In mauimum aroutrot a larder for a fixlaally related mortgage loan may require for Bon-owes escrow wcouni under the Mail Rcal Cstaw Settlement Procedures Act of 1974, as smaided item time to time, 12 U.S.C. 1201 et req. ('RESPA`), unless another law that applies to the Funds sow a lesser smount, Vac, Lender may, at my time, collect and hold Flmds in an amount not to exceed the leaser amount. Leader may estimate the amount of Funds due on the basis of curnsnt data and reasonable estimates of expenditures of future Escrow Items or otherwise in sccwdttave with applicable law. The Funds shall be held in an 6s6uaien whose depozits are insured by a federal agency, eustrnasentality, or entity (including Lender, if Lender is such w instinitim) or in arty Federal Home Loan Hank. Lender shall apply the Funds to pay the Escrow Items. Lander may not charge Bmmwer for holding and applying the Funds, annually analyzing the escrow account, or vailying the Escrow Itans, unless Loader pays Rorrowa interest an the Funds and applicable law permits Lefler to make such a charge. However. Lender may require Borrower to pay a une-lime chago for an itaicpcndrnt red estate tat reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicabk law requires interest to be paid, Leader shall not he required to pay Fkitrower anY ratrera a earnings tar the Floods, Borrower and Leatkt may agree in writing, however, that InemeL shall be paid on doe Fundy. Londcr shall give to Borrower, without charge, an annual accounting of the Foods, showing awlits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds we pledged as additional security for all sums secure] by this Security In str rr=L If the Funds held by Lender exceed the amounts permitted to be beld by applicable law. Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender a any time is not sufIlcient to pay the Escrow Items when due. Lender may so notify Borrower in writing, and. in such use Bomwa shall pay to Lender the amount necessary to snake up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lenders sole discretion. Upon payment in full of all sums secured by this Security Instrument. Lender shall promptly rdwd to Borrower any fluids held by LQAW, If, under paragraph 21, Lender allaIl acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply ary Funds held by Lender at the time of acquisition or sale as a credit against the stints secured by this Security htsWment. 3. Application of Payments. Unless applicable law provides ulherwisc, all psymmits received by Loader under paragraphs 1 and 2 shall be applied: first, to Al prepayment t3llegea due under the Note; seaomd, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Chargeal Llans. Borrower shall pay all taxes, assesatnents, ohargea, fitter and impositions attributable to the Property which may attain prority over this Seamty Inwumtent• and leasehold payments or ground runts, if any. Borrower shall pay these obNpptions in the manner provided in paragraph 2, or if not paid in that manner. Borrowua shell pay than on time directly to the person owed payment. Borrower shall proxrrptly furnish to Lender all nodoes of ianounts to be paid tinder this paragraph If Borrower makes these payments directly, Borrower shall promptly fiunish to Lender receipts evidencing the payments Borrower shell promptly discharge, am lion which has Mority over this Security Instrument unless Anrrower: (a) agrees in writing to tux pry= of the obligation P=W by the lion in a maw aeeoptsble to Lcnler; (b) wnucsts in good faith the lien by, or defends agaimat enforcement of the lien it; legal proceedings which in the Lenders opinion operate to prevent the enforcement of the lieu, oe (c) ieetttta from the holder of the lift an agreame tt ratiafae", to Lender subordinating the lien to this Security homment. If Lender deterrunes that icy part of the Property is subject to a lien which may attain priority over this Security Instrument, lender may give Borrower a noticz ideru&f rag the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of novice. InhtaLt 11M NO, 0 3020261 P.,ww?b.ara Norea.a.-ainal. F.milyFuel" MsWFreedk MK UNIFORM INaTA pmw3eaf aa?70 THE CoanL4ncc wuacs nrC - dap r I Papa) to order art: (972) 9aa•217a•Fax (972) 392.2t9 u 14MPALO will www.sonw iaaraaimsen 0091599pw Jseo 94/83/0Z 11:48:0Z -> Z15 563 5534 Page 804 S. Hazard or Property Insurance. Borrower shall keep dre improvements now existing or hereafter erected on the property inswnd.againsl loan by fire, hoards inchrded within the term "extended coverage" and any other hezards, including flooda or flooding, for which Ledd& rsquitma ina rance. TLis inxeaaee shall be maintained in the amounts iutd for the periods that Lender requires. The instrcoxe carrier providing the insurance shag be ehosan by Borrower subject to Lender's approval which shall not be unreasonably witbluld, If Borrower fails to maintain coverage described above. Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. A I tnsra ce policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shell have the right to hold tic policies and renewals. If Lender requires. Borrower shall prtanptly, give to Lander all receipts of paid premiums and tactual noticee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lander. Lender may make proof of loss if not made promptly by Berrowar. I lnless Lender and Bcrtnwq otltdwiae agree in writing, insurance proceeds shall be applied to mitoruion or repair of the Property damaged, if the restoration or repair is economically feasible and Lenda'a security is not lessened. If the restoration at repair is tint economically feasrble or Lenders security would be lessened, the insurance proceeds shall be applied to the sums secured by tut 3au nky Instrument, whether or not. then due, with any excess paid to Harrower. If Bo;rawer abandons the Property, or does not answer within 10 days a notice from Leader that the insurance carrierbas offered to settle a claim, then Lender may oollw the insurance proceeds. Linder msy use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or oat then due. The 30-day period will begin when the to tice is given. Unless Lander and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of that monmly paymaus rofared to inparaelsphs I and 2 or change the smount of the payments. tfunder pragnph 21 the Property fs acquired by Lander, Baerowet s right ter any ussuranco policica and psoaedo resulting from damage to the Prupmy prior to the acquisition shall pass to Larder to the eident of the sums secured by this Security Insrrrnnam immediately prier to the acquisition. 6. Oecupamey,Presuva6m, Maintenance and Protection of the Prvporty; Borrower's [man Applicadoni Lamholds. Roirrwer shall occupy, establish, and use the Property ate Borrower's principal r sidence within sixty days after the execution of diia Security htstrt¢ne11t and shall mmtwe to occupy the Property as Boarowwa principal residence for it leas) one year after the date of occupancy, unless Lender Otherwise agrees in writing, which consent shall not be unreasonably withhold, or unless extenuating dreumtames exist which are beyond Ba miwar's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shad be in default if arry forfeiture action or procceding, whether civil or criminal, is begun that in Lcidets good faithjudgtnant could rttsult is farkimre of the property or otherwise materially 'W' air the lien craned by this Security Instrument or Lender's mcurity interest- Borrower may cur,: sVa a default and reinstate. as provided in paragraph i IR by causing the action or proceeding to be dismissed with a ruling that, is Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or otter material mpltumeu tithe gat traded by this Security Initrranad or Le rider's security interest. Borrower shall Woo be in default if Borrower. during the loam application }hennas, gave materially faLa oat inacin rkim information or statemsnes to Larder (or failed to provide Lender with any material information) in connection with the horn evidenced by the Note, including. but oat limited to, representations eoeceming Boaowar's occupancy ofthe Property as a principal residence. if this Security Instrument is on a leasehold, Borrower shall comply with all the MMsiots of the lease. IiNorrmer acquires fee title to the Property, the leasehold and the fee title shall not merge unless Landar agrees to the rnergar in writing, 7. Prat cube of Lender's Rights In the Property, If Borrower fails to perform the covenants and agreements contained in this Scantily Irluounrant, or them is a legal proceeding that may siglullcaath* aebct Larder's rights in the Property (such as a proceeding in banl¢uptcy, probate, for eandentnation of t&t re or to eaforme laws or regulations), then Lender may do and pay for whatcyer is necessary to protect the value of the Property andLeNliers nghis in the Property. Lender's actions may include paying any sums secured by a lien which has priority our this Sectaily Ltstrumant, appearml iii court, paying reasonable attorneys' fees and entering un tae Property to make repairs, Although Lmda may take action under this paragraph 7, Lender does not have to do sa Any amounts disbursed by Lender under this paragraph 7 shall berme additional debt of Borrower secured by this Security Invnanenl. Unless Borrower and Lender agree to other terms of payment, these amounts &ball bear interest from the date of disbursement at the Note rate and shall be payable, with interest, tarpon notice from Lander to Borrower requesting payment. 1. Mortgage Inearaase. It Leader required mortgage insurance as a condition of making die loan secured by this Security hntifrnm ant, Harrower shell pay the premiums required io maintain the mtrttgaee insurance in affect- If, for any reason, the mortgage insurance coverage required by Larder lapses or ceases w be in t$bct, Berrvwa shall pay the prmtiums,roquirei to obtain coverage substantially equivalent to the trUxtgege insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, hm an altemste mortgage insure approved by Lender. If substantially equivalent mortgage insurance oovcage is not available, Brower shall pay to Lender auk month a Not equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower whew the insurance coverage lapsed or ceased to he in efct. Lender will aeeept, use and retain these payments as a lose reserve in lieu of mortgage insurance. Loss resax payments mat no longer be required, at the upticn of Lender, if mortgage insurance coverage (in be amount and for the period that I ender requires) provided by an insu>rea approved by Leader again becomes available and is obtained. Dorrowcr shall pay the prcmwms required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ands in acovrdanee with any written Woomera between Borrower and Lender or applicable low. Lr'l7", Taa Coseru.xea aOVICb tare. To Ctdn C111: (972) 9sa.21711•Faa (972) 392.2x91 ww.0angli.n..e,e.n.y„ (pass 2 ef6 pap) 14001FA1Ca wsa 8001 i5$9 FAM 481 04/83/0Z 11:48:49 -> Z15 563 5534 Page 005 9. Inspeetiua Lander or its agent may melee reasonable entries upon and inspections of the property. I .ender shall give 130rowcr notice at the time of or prior to an inspecti m specifying reasonable cause for the inspection. 10. Coodannation, The proceeds of any award or claim for datnagas, dim or consequential, in connection with my condemnation or other taking of any part of the property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of it total W&g of the Property, the proceeds shell be applied to the suns secured by this security Instrument, whether or not then due, with any excess paid w Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the arnawtt of the stuns scu=d by this Security Instrument immediately bd'ore the taking, unless Bo trower and Lender othermse agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the pmceeds multiplied by the following fraction: (a) the total amount of the sums scoured immediately baton the salting, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall he paid to Borrower. In the event of a partial taking of the Prapetty in which the fair market value of the Propeny le niediately before the taking is less than fie amount of this sums secured ammdiecly before the taking. unless Borrower and Lender otherwise al?ree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If rhea Property is abandoned by Borrower, or it after notice by Leader to Borrower that the condemnor offers to make an award or setup a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notion is given, Lender is authorized to collect and apply the procc* at its optima, either w restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not than due. Unless Lender and Sotronser otherwise agree m writing, any application of proceeds to principal shall not extender poatponc the due date of the Monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Releesedi Forbeannes By Lender Not a Waiver. Extension of the time far payment at modification of mnmtizniatafthe sulm secured by this Security b==c n granted by Lender to any successor in interest of Borrower shall not operate to releaee the Nobility of the oriSM Borrower or 3onvwce3 successors in intent. Lender shell not be required to commence proceedings against any -cces"er in imtersat or refvae to extend time for payment or otherwise modify amcatizatim of the sums secured by this security Instrument by reason of any demand made by the original Bocrou+R or Borrower's successors in interest. Any forbearance by Lender in e>ceriising sty right at rmarnedy shall not be a waiver of or praclydo the cmin of any right or remedy, 11 Saaesatan and Aaigaa Bound; Joint and Several Liability; Co-dwro. The cwerants and apacmenta of this Security Imnvmant shall bind and benefit the sueoesaors and atsigms of Lender and Borrower, subjeu to the provisions orparsgraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who ere-signs this Security h)sntuneni but does not execute Urn Note: ca) is co-sillping this security instrument only to mortgage, great and convey that Borrower's intera et in the Property under the term" of this Scanty Instrum att; (b) is not personally obligated to pay the sums sacred by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, ftrbear or make any wuommodations with regard to the tams of this Security Instrument or the Note without that 8orrciwv's consent 11 leas Charges. Ifthe lose scc u.d lry dtis Security lasirumert is subject to a low which sate maximum loan ohargos, and that law is finally interpreted so that the interest err other lean charges collected err to he collected in connection with dna low exceed the pemtitted limits, then: (a) any such loam charge shall be reduced by the amount secesstry to redtrce the charge to the permitted limit; and (b) any suals already Collated i m Borrower which exceeded panned limits will be MUxicid to Borrower. Lender may choose to make ibis refund by reducing due papal owed under the Nate or by making a direct payment to Borrower. If a refitted reduces principal, the reduction will bar treated as a partial prepayment without any prepa)ment charge under the Note. 14, Nakaa Any nodco to Borowcrprovided for in this security lattnmrcnt sball he given by delivering it or by mailing it by first clam snail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address 3onrower desgnates by notice to Lender, Any notice to Lender shall be girm by first ideas mail to [.sender's address stated herein or any other addretq Lander designates t , notice to Borrower. Any notice provided for in this Security Instnmmt shall be d9cand to have been given to Borrower or Lender when given u provided in this paragraph. 11 Governing Laws Severabgky. This Security Insmurte t shall be govemed by federal law and the law of the jwisdicticm in which the PropCrty is loci. Ill the event that any provision or clause of this security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security hissrumemt or the Note which can be given effect without the conflicting provision, To this and the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument M Tr ender ortise Property or a Benelktal Interest is Borrower. If all or any part of the property or any interest in it is sold or tmasfemai (or ifs beanLWdl interest in Borrower is sold or taneen^ed and Borrower is not a natural person) without Lender's prior written oennsan4 Larder may, at its option, require inure diau payment in full of all awns secured by this Seemly Instrument. However, this option shall net be exercised by Lender if exercise is prohibited by federal low as of the date of this Security Instrument If Lender exemiamq this option, Latices shall give Borrower notice of awelaewion. The notice shall provide a period of not Las than 30 days horn the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security 7astrument. If Borrower flib to pay diese sunx prier :o the expua cri of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. To Order Call: (972) 9113.31729Fan (973) 393.3191 + ..emv]Amrmm. era Inwals- Faran J039 Ouse (Pp a cf6 paaas) r*aoarw m yaya nouI599nat X982 04/03/02 11:41:36 -> 215 563 5534 Page 006 I& Bormwer's R%ht to Roinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument disamunued u any time prior to the earlier of (a) S days (or such other period as applicable law may specify far reinstatement) before We of the Property pursuant to any power of sale contained in this Security Instrument, or (b) entry of a judgment tnfacing thin 3eowily btetumtaut Those conditions are that Borrower. (a) pays Larder all sums which than would be due under this Security hntrume . and the Nolen if no acceleration had occurred: (b) cum any def to t of any other etweneats or agreements: (c) pays all expenses incurred in enforcing this Security Instnmtent, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assume that the lien of this Security Instrument. Lender's rights in the Property and Borrower's obligation to pay the stuns secured by this Security Instrument shall continue unchanged. Upon reitutata:ntettt by Borrower, this Security Instrument and the obligations soerred hereby shall remain !telly effective as if no acceleration had occurred However, this right w ndristste shall not apply in the case of ecoclastion under paragraph 17, 11. Salo otNotal Chants of Lean 3srvhcer. The Note or a partial interest in the Note (together with this Soauity ht =cot) may be acid one or enter times without prior notice to Borrower, A We may result in a change in the entity (ktwwn as the "Loan Seaviwe) that collects monthly payments due under the Norte and this Security Instrrmrent. There also may be one or more changes of the Loan Serviaer unrelated to a sole of the Note. If then is a charge of the Loan Servicer, Borrower will be given written notice of the change in accordance wilhpwap* 14 abmm and applicoblc law. The notice will sate tbo name and address of the new Loan Servicer and the address to which payments should be made. 'llte notice will also contain any other inflometion required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property . Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of may Envtnemerad Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that at gancrally recognized to be appropriate to normal residential uses and to maintenance of the Property. 9armwer A" pcmrpdy give Leader written r» dotty imestigetior>, claim, demand, lawsuit or other action by eery governmental or regulatory agemoy or private parry aavulving the Proper and may Hazadous Subsuatce or Euvirounxntal Law of which Borrowsr has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remadiation of arty Hazardous Substance affecting the property is nary, Borrower shall promptly take all necessity ran teliel actions it eeoetdan6a with Environmental Law. As used in this paragraph 20, "Hazardous Substances' are those substances defined me tondo or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, 'Environments) Lew" means bederal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection, NON.11NffORM COVENANTS. Rnrrower and I.endcr further covenant and agree a follows: 21. Accelerationl Raneedion. Lender shall give nonce to 96ravatar prior to aeedar'ation folIMI% Borrosser'a btsech of any covenant or agreement In thlt Security Instrument (but not prior to acealoratim under paragraph 17 unless applicable low provides otherwise). Lender rhaill noe fy Borrower of, among other thlope (a) the default; (b) the action required to cure the default; (c) wbea the default maul be cured; and (d) that fallure to corn the default a, specified may result In acceleration of the soma secured by" Security Insbu rant, foreclosure by judlcel proceeding and mk of the Property, Leader shag fhrtber inform Borrower or the HIM to relostate after aetYkradon end the rlgbt to uan in the foreclosure proceeding the non-existence of a aMf" or any ether dshoss atBormower to aeodenedon and fbndoson. )tutee Mull is not cored as spu f ed, Lander at he option may require immadiste pnymom is flt0 orallhums assured by thin Soverhy Inatrumeet nhheui tarther demand and may foreclose thin Security Iastratmant by judicial proceeding, Lender shall he anthled to collect all expenses incurred to pursuing the remedies pmvldad In tale paragraph 21, tnelnding, but oat Ib alted too att6"i' itw and eats of title evldenca to ebb 0111M permitted by spplkable law. 22. Aalons Upun payment cf all sterns accused by this Security Instrument, this Semusity instrument and the estate umveyed shall terminate and become void Afar such occurrence, Lender shall discharge and satisfy this Security Instrument to Borrower. Borrower shall pay any ncadetiar costs. Lender nay charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third pan' for services rendered and the charging of the fee is permitted under applicable law. 23. Waivers. Borrower, to the extant permitted by applicable law, waives and releases any one: or defects in proceedings to ci mlCe this Socanty bnstrum errL and hereby waives the benefit of any present or future laws providing for stay of execution, extension of tine, v mption kin attachment, levy std sale, and homestead exemption, 24. Reinstatement bred tlorrowei s time to reinstate provided in paragraph is shall extend to one hour prior to the commencement of bidding u a sheriffs We or other sale pursuant to this Security Instrument. 23. Purchase Morey Mortilo p . If any of the debt secured by obis Security Instrument is lent to Borrower to acquire title to the Property, this Security Instr unent shall be a purchase many mortgage. 26. Imeradt Rate After Judimorm Botrourer agrees that the interest rate payable after a judgement is enured on the Note or in an action of mortgage tbreoksure shall be the rate payable from time to time under the Now. TmxCo mares.. scants, Lac Toorda C&L t9`73) 9110-2372•ra: (sn) »s tut ,mere.rmryrrioemumram Mea/Prsddle (pap 3 Ord Piton) rronnuo aarr BOOd599 rACE @983 04/83/02 11:42:18 -> 215 563 5534 Page 007 Z7 Itidars to thb Saeaeity lestnenreet If one or more riders an executed by Borrower and eecordod togaher with this 9ecur.h- ?IngmIme tt, the covenants and agreemetts of each such rider shall be inalaMrated into and shall amend and supplement the covenants and agreements of lh)s Security Instrtanent as it the rider(s) were a part of this Security Instrument. (Check applicable box(es)). ? Adjustable Rate Rider ? Condominlum Rider ? 14 Family Rider O Graduated Paymmnt Rider ? Planned Unit Darelopment Rider ? Biweekly Payment Rider Q Balloon Ride ? Rate Improvement Rider ? Sownd Homo Rider p Other(s) [specify) BY SIGNING BEIAW, Borrower accepts and agrees to the term and covenants wntaidW in this Secti ity Instrumml and in any rider(s) executed by Borrower end recorded with it. wim?oca Certificate of Residence: If We do hereby certify that the correct address of the within named mortgages is State of Ha?gtppraia,dJlnytCnnp County of i?r CUM&>. Agent of Manjogea [sPaea Below Thb Leis For Adrmwiedpraw] ii On thin, the -7rot- day of /J1A WO - Woca , before me the anddidgned ntficer, personally appeared sot ibss a. CLrrroao and jeers a cr,rvFDAn JR, _ (Seal) -Harrower - (Seal) •HORONer known to me (or satisfactorily proven) to be the person whose name A• Jr subscribed to the within inatrtmtent and 71e y executed the same for the purposes therein contained. f, I heramw set my hand and otTcial seal. Title of Olrlar reeeeyreaaaa 7aerlpp-asyle Fanny-Ranh Mad9nAdU Mae UNIFORM 1NV Pam 3030 OMi 7119 flounuk LIIC. (1Raaaofasa !'s Order Can: (977} 990.2179.17F=.a (9'M) 397.2991 uaev?an aim Lu raw ewnplieneameaaam 906Ki599 PACE ALL TKUSB CERTAIN LOTS OF GROUND SITUATE IN NORTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, IN A PLAN OF LOTS XNOWN AS WOUIET ACRES, SRRONBROUSLY REFERRED TO AS HARRIET ACR96 IN PREVIOUS DEEDS, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLMM COUNTY, PENNSYLVANIA, IN PLAN BOOK 2, PAGE 100, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT; BEGINNING AT A POINT ON THE SOUTH LINE OF F.ARRIET STREET, SAID POINT BRING THE CORNER OF LOT NO. 17; THENCE WESTERLY ONE HUNDRED (100) FEET TO A POINT; THENCE SOUTHERLY ONE HUNDRED FIFTY (150) FEET TO A POINT; THENCE EASTERLY ONE HUNDRED (100) FEET TO A POINT; THENCE NORTHERLY ONE HUNDRED FIFTY (150) FEET TO A POINT, THE P*..,ACS OF BEGINNING. BEING ALL OF LOTS NOS. 16 AND 17 ON SAID PLAN. ADDRESS: 1005 HW:ET ST.; CARLISLE, PA 19010. VERIFICATION TAMMY JOHNSON hereby states that she is ASSISTANT VICE PRESIDENT of WELLS FARGO HOME MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ?-I D?J I CASE NO: 2002-02118 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS CLIFFORD SHERLENE W ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLIFFORD SHERLENE W the DEFENDANT , at 1806:00 HOURS, on the 9th day of May 2002 at 2214 DOUGLAS DRIVE CARLISLE, PA 17013 by handing to JAMES CLIFFORD JR a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Hi Additional Comments s attention to the contents thereof. 1005 HARRIET STREET CARLISLE IS VACANT. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 So Answers: R. Thomas Kline 05/13/2002 FEDERMAN & PHELAN Sworn and Subscribed to before By: me this j'J?-- day of h l J00->- A. D . 6 00 A 0 .1 'Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2002-02118 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS CLIFFORD SHERLENE W ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLIFFORD JAMES B JR the DEFENDANT , at 1806:00 HOURS, on the 9th day of may , 2002 at 2214 DOUGLAS DRIVE CARLISLE, PA 17013 by handing to JAMES CLIFFORD JR a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Additional Comments 1005 HARRIET STREET CARLISLE IS VACANT. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 174. day of .2 00,z A. D. n othonotary So Answers : R. Thomas Kline 05/13/2002 FEDERMAN & PHE By: Deputy heriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY 8201 GREENSBORO DRIVE, SUITE 350 COURT OF COMMON PLEAS MCLEAN, VA 22102 CIVIL DIVISION V. Plaintiff, NO. 02-2118 SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SHERLENE W. CLIFFORD and JAMES B. CLIFFORD, JR., Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 4/2/02 to 10/4/02 TOTAL $162,011.05 $ 7,071.72 $169,082.77 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. RANK FED tRMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS DATE: /o - ? _0 INDICAT Ytlv60 PRO PROTHY FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 QI5) 567 7nnn MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff VS. SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. Defendant(s) TO: SHERLENE W. CLIFFORD 2214 DOUGLAS DRIVE CARLISLE, PA 17013 DATE OF NOTICE: SEPTEMBER 23. 2002 Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-2118 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 e Attorney for Plaintiff F'Q_DERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (915) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. Defendant TO: JAMES B. CLIFFORD, JR. 2214 DOUGLAS DRIVE CARLISLE, PA 17013 DATE OF NOTICE: SEPTEMBER 23. 2002 Attorney for Plaintiff : COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-2118 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 anli Federmdn, Esquire torney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 V. Plaintiff, SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. Defendant(s). ATTORNEY FOR PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 02-2118 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of 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 SHERLENE W. CLIFFORD is over 18 years of age and resides at, 2214 DOUGLAS DRIVE, CARLISLE, PA 17013. (c) that defendant JAMES B. CLIFFORD, JR. is over 18 years of age, and resides at, 2214 DOUGLAS DRIVE, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. h ANK 4?ERIVAN, ESQUIRE Attorney for Plaintiff ?I F- 5- ,w 5 d -- -v; f > r 17 (MORTGAGE FORECLOSURE) IYE FORw?T OF Ep CC p- 3j 0-3183 pgAEC GIST1?'TION GE ELECTg01`IIC RE Na. 02-2118 S?SLTE S INC. plaint"(( vENE W CLIP O dAr'IES g• CLIFFORD' Defenaant(s)• TFIEPROTITONOTP+RY' KE D?ECTOR OF TINE OFFICE OF TOT Ynatter. Issue writ of execution in the above Arnow"t Due from 1015102 to 315103 Merest 2 (per diem _53.19) TOTAL S169,082"' 5 4,224.0'- and Costs ,1'13,306.85 1 AN ESQU. EItM Staaon ?FRAPKFC "ter ato -a ouan ard, Suite 1400 O" era F Kenn B 4 1611 Job" . • pA 19103 1g1 Philadelphia lai"tiff Attorney fox P of property • Please attach descript?°" N°' Note. I ? aCIO ? U? aUD' o a a a u o 0 o z ¢? N w c oo i a o ? a v V N 4 w b ALL THOSE CERTAIN LOTS OF GROUND SITUATE IN NORTH MI^D'-,B^_CN TOWNSHIP, CUMBERLAND Comm, PENNSYLVANIA, IN A PLAN OF LOTS RN00.N AS MA_4RIET ACRES, SRAONaOUSLY aSFERRED TO AS HARRIET ACRES TN ?REVIOUS DEEDS, SAID PLAN BEING RECORDED IN ?'HE OFFICE OF THE RECORDER OF DEEDS 1N ANT FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 2, PAGE 100, MORE PARTICULARLY BOUNDED AND D£SCRIB^aD AS FOLLOWS, TC W::: BEGINNING AT A POINT ON THE SOUTH :,INE OF HARRIE_ STREET, SAID POINT BEING THE CORNEA OF LOT NO. 17; THENCE WESTERLY ONE HUNDRED (100) FEET TO A POINT; THENCE SOUTHERLY ONE HUNDRED FIFTY (150) FEET TO A POINT; TH19NCS EASTERLY ONE HUNDRED (100) FEET TO A POINT; THENCE NCR71 ERLY ONE HUNDRED FIFTY (150) FEET TO A POINT, TIM PLACE OF BEGINNING. BEING ALL OF LOTS NOS. 16 AND 17 ON SAID PLAN. ADDRESS: 1005 HAIM=: ST.; CARLISLE, PA 19015. TAX PARCEL H19-1639-138 TITLE TO SAID PREMISES IS VESTED IN Sherlene W. Clifford and James B. Clifford, Jr., Her Husband by reason of the following: BEING THE SAME premises which Court of Common Pleas Orphans Court Division of Cumberland County by Deed dated 10/29/1992 and recorded 1/11/1993 in the County of Cumberland in Deed Book 36-B Page 1153 conveyed unto Sherlene W. Clifford, Married Woman, a 1/2 undivided interest and Scott G. Miller, Single Man, a 1/2 undivided interest, in fee. AND ALSO BEING THE SAME premises which Sherlene W. Clifford and James B. Clifford, Her Husband and Scott G. Miller, Single Man (his 1/2 interest) by Deed dated 12/23/1992 and recorded 1/11/1993 in the County of Cumberland in Deed Book 36-B, Page 1156 conveyed unto Sherlene W. Clifford and James B. Clifford, Jr., Her Husband, in fee. ro fic uj V \ J O r C? R l C, U, ,,- ?f C-1 ra N C.. n Ca iii WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-2118 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff (s) From SHERLENE W. & JAMES B. CLIFFORD, JR., 2214 DOUGLAS DR., CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCAED AT 2214 DOUGLAS DR., CARLISLE PA 17013. (SEE ATTACHED LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (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 169,882.77 Interest 4/2/02 -10/4/02 @ $27.79 PER DIEM Atty's Comm % Atty Paid $119.45 Plaintiff Paid Date: OCTOBER 4, 2002 (Seal) REQUESTING PARTY: L.L. .50 $7K071.72 Due Prothy $1.00 Other Costs CURTIS R. LONG Ptothor *ry By: G t L Depu Name FRANK FEDERMAN, ESQ. Address: 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER AT SUBURBAN STATION PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. Plaintiff, SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-2118 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. RANK FED RMAN, ESQIE Attorney for Plaintiff n ? '? `i G N t r n -; - ? '? ? "" ` ? s. v' c .. c. - - `Y ?- - -?: ?_ ^' - ..'? `-,O C.3 -G MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-2118 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .1005 HARRIET STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. Last Known Address (if address cannot be reasonably ascertained, please indicate) 2214 DOUGLAS DRIVE CARLISLE, PA 17013 2214 DOUGLAS DRIVE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) THE CHASE MANHATTAN BANK, AS INDENTURE TRUSTEE C/O RESIDENTIAL FUNDING CORP. 1301 OFFICE CENTER DR,, #200 FT. WASHINGTON, PA 19034 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1005 HARRIET STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. September 30, 2002 DATE RANK FE ERMAN, ESQUIRE Attorney for Plaintiff --i I j .. J C'o "s: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. Defendant(s). CUMBERLAND COUNTY No. 02-2118 September 30, 2002 TO: SHERLENE W. CLIFFORD 2214 DOUGLAS DRIVE CARLISLE, PA 17013 JAMES B. CLIFFORD, JR. 2214 DOUGLAS DRIVE CARLISLE, PA 17013 "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 BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. Your house (real estate) at 1005 HARRIET STREET CARLISLE PA 17013, is scheduled to be sold at the Sheriffs Sale on 1 5, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $169,082.77 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (21515_ 600 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 page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL :'HOSE CERTAIN LOTS OF GROUND SITUATE IN NORTH MIDDLB^_CN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, IN A PLAN OF ',OTS RNO%V AS ?4&RRIET ACRES, SRRON80USLY REFERRED TO AS HARRIET ACRES IN ?REViOVS DEEDS, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEMS IN X"M FOR CUMBERI,AA7) COUNTY, PENNSYLVANIA, IN PLAN BOOK 2, PAGE 100, MORE PARTICULARLY BOUNDED AND DESCRIARD AS FCLIAWS, TO W BEGINNING AT A POINT ON THE SOUTH :.,INE OF IN.ARRIET STREET, SAID POINT BEING THE CORNER OF LOT 140. 17; THENCE W63TERL° ONE HUNDRED (100) FEET TO A POINT; THENCE SOUTHERLY ONE HUNDRED FIFTY (150) FEET TO A POINT; THENCE EASTERLY ONE HUNDRED (100) FSa TC A PGINT; THENCE NCRTKRLY ONE HUNDRED FIFTY (150) FEET TO A POINT, THE P'.,ACS OF BEGINNING. BEING ALL OF LOTS NOS. 16 AND 17 ON SAID PLAN. ADDRESS : 1005 HAR.R;E': ST.; CARLI37Z, PA 11013. TAX PARCEL //19-1639-138 TITLE TO SAID PREMISES IS VESTED IN Sherlene W. Clifford and James B. Clifford, Jr., Her Husband by reason of the following: BEING THE SAME premises which Court of Common Pleas Orphans Court Division of Cumberland County by Deed dated 10/29/1992 and recorded 1/11/1993 in the County of Cumberland in Deed Book 36-B Page 1153 conveyed unto Sherlene W. Clifford, Married Woman, a 1/2 undivided interest and Scott G. Miller, Single Man, a 1/2 undivided interest, in fee. AND ALSO BEING THE SAME premises which Sherlene W. Clifford and James B. Clifford, Her Husband and Scott G. Miller, Single Man (his 112 interest) by Deed dated 12/23/1992 and recorded 1/11/192; i" the County of Cumberland in Deed Book 36-B, Page 1156 conveyed unto Sherlene W. Clifford and James B. Clifford, Jr., Her Husband, in fee_ t i c? _ ?; '„ i Z' lT '? _ ? i..a --i ri _ ?? ? ??' ll ? _, r'??. =C _ . -- ^? `< ?._ J7 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION SHERLENE W. CLIFFORD . JAMES B. CLIFFORD, JR. NO. 02-2118 Defendant(s). . AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1005 HARRIET STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. 2214 DOUGLAS DRIVE CARLISLE, PA 17013 2214 DOUGLAS DRIVE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) THE CHASE MANHATTAN BANK, AS INDENTURE TRUSTEE C/O RESIDENTIAL FUNDING CORP. 1301 OFFICE CENTER DR., #200 FT. WASHINGTON, PA 19034 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CARLISLE SUBURBAN AUTHORITY 240 CLEARWATER DRIVE CARLISLE, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1005 HARRIET STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA ][7013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 18, 2002 e DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff w. 0 C-D ? ni . I .r r J_ a AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. SERVE JAMES B. CLIFFORD, JR. AT 2214 DOUGLAS DRIVE CARLISLE, PA 17013 CUMBERLAND COUNTY KMD No. 02-2118 ,ACCT. #5669876 Type of Action •- Notice of Sheriffs Sale Sale Date: MARCH 5, 2003 ?-SERVED Served and made known to Defendant, on the a/n day of ©C? , 200 jR. at o'clock p .m., at aZ2/ 4 ?u? Ia5 YD K , ?re.? ?S I T" l C Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: of Description: Age C02 Height Weight _/(60 Race O b 'Sex Other g ?55C 5 5 vt c y 2 I, C -a AR e VC e- . Q2,K y _1i?z competent adult, being duly sworn according; to law, depose and state that I personally handed a true and correct copy of the N tice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. NOTARIAL SEAL Sworn to and subscrib d ELIZABETH M. JOHANSSON, Nay Nk before a this Q??ay Greene Twp., Frankiin County ofd 6¢e- , 200 ;L My Commission Expires Dec 19, 2005 Notary : m ?YGIJ_ _ By; PLEA ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE & TIMES OF SERVICE ATTEMPTEL. NOT SERVED On the day of , 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1St Attempt: Time: Vacant 2"d Attempt:_ / / Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200 Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. SERVE SHERLENE W. CLIFFORD AT 2214 DOUGLAS DRIVE CARLISLE, PA 17013 CUMBERLAND COUNTY KMD No. 02-2118 ACCT. #5669876 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 5, 2003 SERVED Served and made known to 5L etL' cU Cl`?{ DYZ ?, Defendant, on the o-, 4 day of Oc ? ' , 200 p,, at o'clock .m., at 2 ;Z/'4 Q - 5l,s O vt . , 5 (L c , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. ff Adult family member with whom Defendant(s) reside(s). Relationship is 1^ U5 Lla-VW G?U^r-s 13 . Adult in charge of Defendant(s)'s residence who refused to give name or relationship. e\; ki-o K. a Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 40 Height's f? Weight -160 Race KJ k Sex Other g 6 Vc-2 5 , 3 X --r ? a, ri I, e\a+«t-.- L- • GlLt "'0 K a competent adult, being duly sworn according, to law, depose and state that I personally handed a true and correct copy of th Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. NOTARIAL SEAL Sworn to and subscribed ELIZABETH M. JOHAN befoo? me thiso216 {"' day GreeneTwp., Fran Nd" ?? CAL of 006 to erc , 200, My Commission E)phu (380.19, 2005 Notary: A C.s?2K9"YL ? ? _ PLEAS TTEMPT SERVICE AT LEAST 3 IM . INDICAT4DAS & ES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1St Attempt: Time: Vacant 2nd Attempt:, / / Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 1200 Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 ck- f V-' _ -wo c11 PENNSYLVANIA CUMBERLAND COUNTY, IN THE COURT OF COMMON RE: MORTGAGE ELECTRONIC REGISTRATION SYST VIL ACTION VS. SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. CIVIL DIVISION NO. 02-2118 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. hereby verify that on 1014102, 1216102 & 12118102 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 1014102 by certified mail return receipt requested see Exhibit "B" attached hereto. r DATE: January 3 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 00 J to A a ? m ? m a z a F, ?y • t H o R n r o rn ? ?ro 0 ono. w 941 e 0T? gl w q y ? >e n w o N°, o n ?! M G M ?S M w S ?' o N ? n a «.60o {re?? 'no°ooc °tT' 1 x w ? p w n ?? 8w b A I w I N I "r i c?D (D Z c 3 s 0 1 IT, m C?i7 ?1" ? a ? tz tTj z O 'rJ a 0 0 A w C) Q tr1 a 9 .- 0 w O J O ? w ?. yy l-, 2 C7 w O PfT" BOWES 021.. $01.200 0004300377 OCT04 2002 MAILED FROM ZIP CODE 191 03 o>? ? ag trl n 9 'x CD oo x C ? ? spy V] .`3 ro 7y CAD 0 r1 ? ? o 0 ti a' n . ocj a? a,, A ? y a 1 ? O Csi iy y "d M DV r ? `.4 ?a ?a A V] y r+ A O O ? O ?n ? r ~ Z N ?~+ O C'• e ?a a i ti 3 n h A? c? ?e a ee M A 7 m 3 ee 0 A S. ? ? A o e a e a C fb c?A m 1 3 m m 1 e I°e°33 m .? m o =. z7 C C ! i m S3 a°a to .e. _ ,y w goy a-•o ? pu???z b d $ `? Cam, e'e Nose ?; o °_ and •4 a ? ~ ,o? ee o2 y A N fl O + m p,.,y eze ^„ 0 3 e'e p = m H =.3n o a. o e e e? m m S A 'mx m ee b e3e oB. _ `°? ran A °oe°e 3 ? yon m thI AI w an'6p ? R w O r k 1 l A 1 fp boy m e ? ? ? Cori ? f? 5E"C eke ?, a try>? Y a is Re , Fd ? v' YY? . Bo w Yee ?? ? ? Nye r o7p w y yx C m a g ? 0 7 » Y o. a 4n a PO EE, 4 _ PITNEY gp51VES ? ?/,? ? ``i 7 " ??•9 02 1A DEC 18 2002 d. 01004300317 9 1 03 MAILED FROM ZIP CODE 1 a ?i 7160 3901 9844 0124 3529 TO: JAMES 13. CLIFFORD, JR. 2214 DOUGLAS DRIVE CARLISLE, PA 17013 SENDER: KMD REFERENCE: 5669876 I j PS Form 3800 June 2000 i i RETURN Postage .37 i 2ECEIPT Cerfified Fee 2.30 SERVICE j Return Receipt Fee 1.75 I Restricted Delivery 3.50 ! Total Postage & Fees 9 7.92 I US Postal Service 7 STMT RKV ` J Receipt for ? ® I v Certified Mail ? r '0-16 1 ] No Insurance Coverage Provided I Do Not Use for International Mad ?. ------------- --- -------- 7160 3901 9844 0124 3536 r ] TO: SHERLENE W. CLIFFORD 2214 DOUGLAS DRIVE j CARLISLE, PA 17013 ] 3 ) 'I i E SENDER: land '; REFERENCE: 5669876 ?.- co Y t T? -, J Y FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Vs. SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION . NO. 02-2118 PRAECIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY: Kindly enter a Rule upon SHERLENE W. CLIFFORD & JAMES B. CLIFFORD, JR., Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. (::?:j S ?C' Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Vs. SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. NO. 02-2118 ORDER AND NOW, this day of 2003, the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance 154,207.89 Interest Amount 18 335 88 11/1/01 through 3/5/03 , . Late Charges 248 24 Legal fees . 1,300.00 Cost of Suit and Title 937 00 Sheriff's Sale Costs . 0 00 Inspections/Other . 636 59 Appraisal Fees . 85.00 Escrow Credit 0 00 Deficit . 4,067.96 TOTAL $179,818.56 Plus interest per diem from 3/5/03 through Date of Sale at six (6W) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: J. FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Vs. SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS . CIVIL DIVISION NO. 02-2118 PLAINTIFF'S PETITION FOR REASSESSMEN'.? OF DAMAGES Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. This is an action in Mortgage Foreclosure in which Judgment was entered by default dated OCTOBER 4, 2002 in the amount of $169,082.77. 2. A Sheriff's Sale of the mortgaged premises was postponed or stayed for the following reasons: The Defendant(s) filed a Chapter 13 Bankruptcy (#02-02696RJW) filed on MAY 15, 2002. Plaintiff obtained relief from the automatic stay by the Order of Court dated SEPTEMBER 4, 2002. 3. The mortgaged premises are listed for Sheriff's Sale on MARCH 5, 2003. 4. Additional sums have been incurred or expended on Defendant(s)' behalf during the time the sale was postponed or stayed, and Defendant(s) have been given credit for any payments that have been made since the judgment, if any follows: Principal Balance Interest Amount 11/l/01 through 3/5/03 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit TOTAL 154,207.89 18,335.88 248.24 1,300.00 937.00 0.00 636.59 85.00 0.00 4,067.96 $179,818.56 5. Under the terms of the mortgage, Plaintiff is entitled to inclusion of the figures set forth in paragraph four in the amount of judgment against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an order to the Prothonotary to reassess the damages as set forth above. Daniel G. Schmieg, ESQUIRE Attorney for Plaintiff The amount of damages should now read as -2- FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION VS. SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. . NO. 02-2118 BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Plaintiff and Defendant(s) entered into a Promissory Note and Mortgage Agreement, wherein Defendant(s) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub judicia, Defendant(s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant(s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court., and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARGUMENT FOR REASSESSMENT OF DAMAGES The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, :Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a. later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa.Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortgage Corporation of the Southwest v. Good,, 537 A.2d 22, 24 (Pa.Super 1988). In Chase Home Mortgage, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "...could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, No. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. FEDERMAN AND PHELAN, LLP. 0 - ? - DANIEL G. SCHNIEG, ESQUIRE ATTORNEY FOR PLAINTIFF C.CUR C= COMMON ?I.E AS ASSGC.?1_ ION Ei`r A3 :.2!t_A CCl:rt'rY -ON vs. . JOSE33 JE%-r RSON- and tJ.AY TSR:"., L982r ,:, •. 1339 ~?'? ROSZ- J2SsERSON, NO. ORZER AND OPZNZrC:a WHIT J . A-No NOW, t. his ? day o re ? ] q"d o , upon consideration of B1_intif=, F.dc::?1 National mortgage .6 Association's Petition far Reconsideration Nunc Pic Tunc C` this Court's Order of November 7, 1985 and t^c Answer thrjrG o: De_endants, Joseph-, Je_ie_son and 'Icsi_ .:ee=sor., It is hereby ORDER D and DEMR=ED as • f 01 1 CWS : ( - loa is GR.k1gT-D : 1) Said P r 4 2) - is O=de= of riavembe= 7, 1985 In ? ? n??iffl'4 ?h!otio `?:ar R*easses sment'of Damages is R=V?RSED and GRANTED; t. . X ' 3) Jt? nt is hnrclsy i;ncrca?.:d to $6,147.71. Because Pi?inti-f was reculzed to ac.-.apt current mortgage payments upon the fiEng of Defendants' bankruptcy petition and in fact did so, it is necessary to ruassass _he a=cunt of damages that initially were assessed after judgmant by default was entered i-l this action. Becausp Defendants have not refuted the specific a=unts claimed - 1 - i by p:ainti_f in the instant Motion for Reassessment, t!z?s Court f i•nd3 that De Rcnda:.ts have admitted these amo?-Un is , , pursuant to pa. R.C.P 1029(c). 3Y TH:: COURT. THOMAS A. WHITE, X. S. VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: February 8, 2003 co, ?4- Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Vs. SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. ATTORNEY FOR PLAINTIFF . CUMBERLAND COUNTY . COURT OF COMMON PLEAS . CIVIL DIVISION . NO. 02-2118 AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on February 8, 2003. SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. 2214 DOUGLAS DRIVE CARLISLE, PA 17013 DATE: February 8, 2003 Daniel G. Schmieg, Esquire Attorney for Plaintiff C3 ,_ 3 .{ . ?J j ? ? FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Vs. SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. RULE ATTORNEY FOR PLAINTIFF . CUMBERLAND COUNTY . COURT OF COMMON PLEAS CIVIL DIVISION . NO. 02-2118 AND NOW, this 13" day of X94-1v 417 2003, a Rule is entered upon SHERLENE W. CLIFFORD & JAMES B. CLIFFORD, JR., Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE , i If BY THE COURT: 1 • I \f IN! N -1 d FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Vs. SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-2118 CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of March 11, 2003 and a copy of: Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on February 19, 2003. SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. 2214 DOUGLAS DRIVE CARLISLE, PA 17013 Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: February 19, 2003 C, • • ?1 r?j y TY ?j f W COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and Stated hereby certify that the Sheriff's Deed in which Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 5th day of March A.D., 2003, under and by virtue of a writ E cution issued on the 4th day of October, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 2118, at the suit of Mortgage Electronic Registration Systems Inc against Sherlene W Clifford & James B Jr is duly recorded in Sheriff's Deed Book No. 256, Page 953. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this j 12 / day of , A.D. 2003 a, of Deeds imaw Mortgage Electronic Registration Systems, Inc. VS Sherlene W. Clifford and James B. Clifford, Jr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-2118 Civil Term Bryan Ward, Deputy Sheriff, who being duly sworn according to I #w, states that on October 24, 2002 at 7:00 o'clock PM, he served a true copy of the with n Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: James B. Clifford, Jr., by making known unto James Clifford, Jr. personally, at 2214 Douglas Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on October 24, 2002 at 7:00 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Sherlene W. Clifford, by making known unto James Clifford, Jr., husband of defendant, at 2214 Douglas Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally he said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2003 at 5:53 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Sherlene W. Clifford and James B. Clifford, Jr. located at 1005 Harriet Drive, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one f the within named defendants, to wit: James B. Clifford, Jr. by regular mail to his last known address of 2214 Douglas Drive, Carlisle, PA 17013. This letter was maile under the date of January 13, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Sherlene W. Clifford by regular mail to her last known address of 2214 Douglas Drive, Carlisle, PA 17013. This letter was maile under the date of January 13, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 5, 2003 at 10:00 o'clock A.M. He sold th same for the sum of $1.00 to Attorney Frank Federman for Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, ederal Home Loan Mortgage Corporation of Foreclosure Unit, Mail Stop 61, P.O. Box 5 00, Vienna, VA 22183-5000, being the buyer in this execution, paid to Sheriff R. Tho as Kline the sum of $867.16, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 17.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Certified Mail 13.26 Levy 15.00 Surcharge 30.00 Law Journal 311.90 Patriot News 281.89 Share of Bills 25.21 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $867.16 Sworn and subscribed to before me This y r'/ day of 2003, A.D. P othonotary So Answers: R. Thomas Kline, Sheriff BY jGd-qSVpjjjj Real Estate eputy j,sv cw ?io? 29 %3t oo MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-2118 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) j i MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the P aecipe for the Writ of Execution was filed the following information concerning the real property located at ,1005 HARRIET STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. Last Known Address (if address cannot be reasonably ascertained, pleas indicate) i 2214 DOUGLAS DRIVE CARLISLE, PA 17013 2214 DOUGLAS DRIVE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if ad ess cannot be reasonably ascertained, ple se indicate) None 4. Name and address of last recorded holder+of every mortgage; of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) THE CHASE MANHATTAN BANK, AS C/O RESIDENTIAL FUNDING CORP. INDENTURE TRUSTEE 1301 OFFICE CENTER R., #200 FT. WASHINGTON, PA 9034 i 5. Name and address of every other person who has any record lien on the pr?perty: Name Last Known Address (if ad ess cannot be reasonably ascertained, ple a indicate) None 6. Name and address of every other person who has any record interest in the (property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowled?e who has any interest in the property which may be affected by the sale: i Name Last Known Address (if add ess cannot be reasonably ascertained, plea a indicate) Tenant/Occupant 1005 HARRIET STREET CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true an d correct to a best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities September 30, 2002 DATE Attomey for Plaintiff ?, ?' ! I ? ? s ? .! MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. V. Plaintiff, SHERLENE W. CLIFFORD JAMES B. CLIFFORD, JR. Defendant(s). CUMBERLAND COUNTY No. 02-2118 September 30, TO: SHERLENE W. CLIFFORD 2214 DOUGLAS DRIVE CARLISLE, PA 17013 JAMES B. CLIFFORD JR. 2214 DOUGLAS DRIV CARLISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT A ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEI ED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD OT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST ROPERTY. ** Your house (real estate) at 1005 HARRIET STREET CARLISLE 'SPA 17013 is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2003 at 10:00 a.m. in the Cumb ria d County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the courtju gment of $169,082.77 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS NC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back costs and reasonable attorney's fees due. To find out how much you. must late charges, p call: (215) 563-7000' pay, you may 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 proceed?nRs. You may need an attorney to assert your rights. The sooner you contact e, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an ttorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND Y RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I . If the Sheriffs Sale is not stopped, your property will be sold to t4 highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full ?mount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you wil? remain the owner of property as if the sale never happened. the 5. You have the right to remain in the property until the full amount die is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wro Sheriff within ten (10) days after the distribution is filed. )are filed with the 7. You may also have other rights and defenses, or ways of ettin immediately after the sale. g g you home back, if you act YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. I YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEL BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. T E OFFICE LISTED CUMBERLAND COUNTY ATTORNEY REFERJU CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL ='HOSB CERTAIN LOTS OF GROUND SITCTATE IN EiOR A MZOD?g^GN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVAN7 .'JOTS KW AN AS MA.RRIET ACRES, SRRONnOUSLYREFERR GLTO AS ;AUIET ACRES VV ?RBVZOVS DEEDS, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AVD p OR CUMB$ 17 COUNTY, PENNSYLVANIA, IN PLAN BOOK 2, PADS 100, MORE PARTICjLAP-j,Y aOUNUED AIr DESCRIBaA AS RC1; WS, TC W_:: BEGINNING AT A POINT ON THE SOUTH :,IN-6 Op FARRIE_ STRFI 'T, SAID POINT BEING THE CORNEA OP LOT NO. 17; THENC WR9TERLv ONE' HUNDRED (100) FEET TO A POINT; THENCE SOUT HUNDRED FIFTY (150) FEET TO A POI_Vr; THENCA- EAS RLY ONE HUNDRED (100) FEET TO A POINT; THENCE NCR' RLY NE HUNDR_B FIFTY (150) FEET TO A POINT, THE PLACS OF BEGINNING. BEING ALL OF LOTS NOS. 16 AND 17 ON SAID PLAN _ D A D.XSS : 1005 F1AP-R,E7 ST. ; CARLISLE, PA 1loll. TAX PARCEL #19-1639-138 TITLE TO SAID PREMISES IS VESTED IN Sherlene W. Clifford and James B. Clifford, Jr Her Husband by reason of the followin - g- BEING THE SAME premises which Court of Common Pleas Orphans Court Division of Cumberland County by Deed dated 10/29/1992 and recorded 1/11/1993 in the County of Cumberland in Deed Book 36-B Page 1153 conveyed unto Sherlene W. Clifford Married Woman, a 1/2 undivided interest and Scott G. Miller, Single Man, a 1/2 undivided interest in fee. AND ALSO BEING THE SAME premises which Sherlene W. Clifford and Jams B. Clifford Her Husband and Scott G. Miller, Single Man (his 1/2 interest) by Deed dated 12/23/1992 and recorded 1! i 1/ 1993 in the County of Cumberland in Deed Book f Clifford and James B. Clifford, Jr., Her Husband, in fee6-B, Page 1156 conveyed unto Sherlene W. ?. ,.: ,_, i.'1 "?? ?? 1? _ :? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-2118 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff (s) From SHERLENE W. & JAMES B. CLIFFORD, JR., 2214 DOUGLAS DR., gARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell I?EALESTATE LOCAED AT CARLISLE PA 17013. (SEE ATTACHED LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in a possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee( is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any prope 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 169,882.77 L.L. .50 Interest 4/2/02 - 10/4/02 @ $27.79 PER DIEM $7 .071.72 Atty's Comm % Due Prothy $1.00 Atty Paid $119.45 Other Costs Plaintiff Paid Date: OCTOBER 4, 2002 CURTIS R. LONG Prothonotary (Seal) By: REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER AT SUBURBAN STATION PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 Real Estate Sale # 5 On October 24, 2002 the sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA known and numbered as 1005 Harriet St., Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 24, 2002 By: ss" ADeputy Real state U THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of January and the 4th and 11th day(s) of February 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #5 REAL ESTATE SALE No. 5 Writ No. 2002-2118 Civil Term Mortgage Electronic Registration Systems, Inc vs Sharlene W. Clifford and James B. Clifford, Jr. Atty: Frank Federman DESCRIPTION. ALL THOSE CERTAIN lots of ground situate in North Middleton Township, Cumberland County, Pennsylvania, in a Plan of Lots known as Marriet Acres, erroneously referred to as Harriet Acres in previous deeds, said plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 2, page 100, more particularly bounded and described as follows, to wit: BEGINNING at a point on the south line of Harriet Street, said point being the corner of Lot No. 17; thence westerly one hundred 000) feet to a point; thence southerly one hundred fifty (150) feet to a oint thence easterl one hundred (100) ............................... Sworn to and subscrZ Notarial Seal \__-1 Terry L. Russell, Notary Public City Of Harrisburg, Dauphin County My Commission Expires June 6, 2006 Member, Pennsylvania Association Of Notaries CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total 2003 A.D. $ 280.14 $ 1.75 $ 281.89 P . J. Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News n circulation, hereby acknowledge receipt of the f t t , ewspapers of general aforesaid notice and publication costs and certifi th ee o a point; thence northerly one hundred fifty been duly paid. es at the same have (150) feet to a point, the Place of BEGINNING , BEING ALL of Lots Nos. 16 and 17 on said Plan. ADDRESS: 1005 Harriet St., Carlisle, PA 17013 By ............................. . TAX PARCEL #19-1639-138. ....................................... TITLE TO SAID PREMISES IS VESTED IN Sherlene W. Clifford and James B. Clifford, Jr , Her Husband, by reason of the following: BEING THE SAME premises which Court of AND ALSO BEING THE SAME premises which Sherlene W. Clifford and James B Common Pleas ,Drphans Court Division of Cumberland County by Deed dated 10/29/1992 . Clifford, Her Husband, and Scott G. Miller, Single Man, (his 1/2 interest) by Deed dated 12/ and recorded 1/11/1993 in the County of Cumberland in Deed Book 36-B Page 1153 23/1992 and recorded 1/11/1993 in the County of Cumberland in Deed Book 36-B, Page 1156 conveyed unto Sherlene W. Clifford, Married Woman, a 1/2 undivided interest and Scott G. conveyed unto Sherlene W Clifford and James B. Clifford Jr. Her Husband in fee Miller, Single Man, a 1/2 undivided interest, in , , , . --- -- - - "" fee. tmk-r t /1r-tT rUtSLIU My commission expires June 6, 2006 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 31, FEBRUARY 7, 14, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 5 Writ No. 2002-2118 Civil Mortgage Electronic Registration Systems, Inc. vs. Sherlene W. Clifford and James B. Clifford, Jr. Atty.: Frank Federman ALL THOSE certain lots or ground situate in North Middleton Township, Cumberland County, Pennsylvania, in a plan of lots known as Marriet Acres, erroneously re- ferred to as Harriet Acres in previ- ous deeds, said plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 2, Page 100, more particularly bounded and described as follows, to wit: BEGINNING at a point on the South line of Harriet Street, said point being the corner of Lot No. 17; thence westerly one hundred (100) feet to a point; thence south- Editor SWORN TO AND SUBSCRIBED before me this 14 day of FEBRUARY. 2003 Ry Co :-1 i erly one hundred fifty (150) feet to a point; thence easterly one hun- dred (100) feet to a point; thence Northerly one hundred fifty (150) feet to a point, the place of begin- ning. Being all of Lots Nos. 16 and 17 on said plan. ADDRESS: 1005 HARRIET ST., CARLISLE, PA 17013. TAX PARCEL #19-1639-138. TITLE TO SAID PREMISES IS VESTED IN Sherlene W. Clifford and James B. Clifford, Jr., Her Husband by reason of the following: BEING THE SAME premises which Court of Common Pleas Or- phans Court Division of Cumberland County by Deed dated 10/29/1992 and recorded 1/11/1993 in the County of Cumberland in Deed Book 36-B Page 1153 conveyed unto Sher- lene W. Clifford, Married Woman, a 1/2 undivided interest and Scott G. Miller, Single Man, a 1/2 undivided interest, in fee. AND ALSO BEING THE SAME premises which Sherlene W. Clifford and James B. Clifford, Her Hus- band and Scott G. Miller, Single Man (his 1/2 interest) by Deed dated 12/ 23/1992 and recorded 1/11/1993 in the County of Cumberland in Deed Book 36-13, Page 1156 con- veyed unto Sherlene W. Clifford and James B. Clifford, Jr., Her Husband, in fee. ?S k_ tJ