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Home My WebLink About02-2311 FEDERMAN 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 ATIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION THE BANK OF NEW YORK, TR UtA DATED DECEMBER I, 2002 (EQCC TRUST 2001-2) 3815 SOUTHWEST TEMPLE SALT LAKE CITY, UT 84115 Plaintiff TERM NO, 0:1- ) 311 ~ (Lv- v, CUMBERLAND COUNTY GARY POTICHER Rum POTICHER 2006 CONNIE DRIVE ENOLA, PA 17055 Defendant( s) 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 obj ections 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 TIllS 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 #: 81560007S7CEM , IF THIS IS THE FlRST 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. 1. Plaintiff is THE BANK OF NEW YORK, TR UIA DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2) 3815 SOUTHWEST TEMPLE SALT LAKE CITY, UT 84115 2, The name(s) and last known address(es) of the Defendant(s) are: GARY POTICHER RUTH POTICHER 2006 CONNIE DRIVE ENOLA, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3, On 08/01/01 mortgagor( s) made, executed and delivered a mortgage upon the premises hereinafter described to EQUICREDIT CORPORATION OF AMERICA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No, 1729, Page 2690, PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same, 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 11/01/01 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 Interest 10/01/01 through 05/01/02 (Per Diem $37,53) Attorney's Fees Cumulative Late Charges 08/01/01 to 05/01/02 Cost of Suit and Title Search Subtotal $126,256.48 7,993,89 1,000,00 59.45 550,00 $135,859,82 Escrow Credit Deficit Subtotal TOTAL 0,00 0,00 $ 0,00 $135,859,82 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 Plaintiffs 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 $135,859,82, together with interest from 05/01/02 at the rate of $37.53 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 By:f~S~ . FRANK FEDERMAN, ESQUIRE LAWRENCE T, PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff --- . ' ALL THAT CERTAIN piece or tract of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern line of Michaele Drive, said point being located and referenced South 81 degrees 30 minutes West, 225,00 feet from the northwest corner of the intersection of Michaele and Dawn Drives; thence along the Northern line of Michaele Drive South 81 degrees 30 minutes West, 82,82 feet to the point where the northern line of Michaele Drive inlersects the eastern line of Connie Drive; thence along the eastern line of said Connie Drive North 29 degrees 30 minutes West, 187.45 feet to the southern line of a 5,00 foot right-of- way; thence along said right-of-way North 81 degrees 30 minutes East, 150,00 feet to the northwest corner of Lot No, 20; thenee along the western line of said Lot No, 20 SOUUl 08 degrees 30 minutes East, 175,00 feet to a point on the northern line of Michaele Drive, the place of BEGINNING, BEING Lot No, 21 (erroneously stated Lot Nos, 21 and 22 in prior deed) on plan of lots of property of Max L, McCombs and Ester McCombs recorded in Plan Book 7, Page 19, HAVING thereon erected a dwelling known and numbered as 2006 Connie Drive, Enola, Pennsylvania 17<15, VERIFICATION JEN DOBRON hereby states that she is Foreclosure Manager of FAIRBANKS CAPITAL CORP" 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: 03 exn I cQ- J~d~ JEN DOBRON DOCUMENT CONTROL OFFICER 0 ~ .~ ~ ~ ~ ~ ~$ i!: ::;:i ; -c i'Tj jlJ ;:: f'" - C/) 1:.. e;:, "";j r" ;:s " d;X: ...... -" ~C'j ~ '"'" "" -.1 _) V, V, 5:0 ::c :::'Cjj ;08 >")0 C w .. ~ ,~":rl1 -<: '"'- ...c 2- ~:4 <' V'. ~ .:..> $ I" ~ -< ;'. ."'';~ .oil SHERIFF'S RETURN - REGULAR CASE NO: 2002-02311 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS POTICHER GARY ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon POTICHER GARY the DEFENDANT , at 2100:00 HOURS, on the 14th day of May at 2006 CONNIE DRIVE , 2002 ENOLA, PA 17025 by handing to RUTH POTICHER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.28 .00 10,00 ,00 36.28 So Answers: r~~-~~" R, Thomas Kline 05/15/2002 FEDERMAN & PHELAN Sworn and Subscribed to before By: .,AI~ L{)~ Deputy S iff me this j Il.../. day of Cj"C'';;: ~# r thonotary , SHERIFF'S RETURN - REGULAR CASE NO: 2002-02311 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS POTICHER GARY ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon POTICHER RUTH the DEFENDANT , at 2100:00 HOURS, on the 14th day of May 2002 at 2006 CONNIE DRIVE ENOLA, PA 17025 by handing to RUTH POTICHER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6,00 ,00 .00 10.00 .00 16,00 r~~-~~~~ R. Thomas Kline 05/15/2002 FEDERMAN & PHELAN Sworn and Subscribed to before By: 1 -4 o.....d.. IA ~ Deputy S iff me this 3,14 day of C}b', ,2t9-0L A,D, ~_ Q 7Pw)~, ~. Prothonotary FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHN F. KENNEDY BLVD., smTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 THE BANK OF NEW YORK, TR VIA DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2). 3815 SOUTHWEST TEMPLE SALT LAKE CITY, UT 84115 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 02-2311 CIVIL TERM v. GARY POTlCHER RUTH POTlCHER 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 GARY POTICHER and RUTH POTICHER, 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 5/2/02 to 10/8/02 TOTAL $135,859,82 $ 6.004,80 $141,864.62 I hereby certify that (I) 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, 1~~ a .' I ^ ^^^f7AA/\ RANK F DERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ DATE: ~c20D~ (lL..ul."-h.J 7:2. - PRO PROTHY FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No, 12248 1617 John F, Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (71 ~) ~hl-7000 THE BANK OF NEW YORK, TR UIA DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2) Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. NO, 02-2311 CIVIL TERM GARY POTICHER RUTH POTICHER Defendant(s) TO: GARY POTICHER 2006 CONNIE DRIVE ENOLA, PA 17055 DATE OF NOTICE: SEPTEMBER 27, 2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERL~Z~~~~OCIATI~ LEG u P y 2 LffiERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 t?V/v {i(/u%RU~~ Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No, 12248 1617 John F, Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 {? 1 ~) ~{i,-7000 THE BANK OF NEW YORK, TR U/A DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2) Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. NO. 02-2311 CIVIL TERM GARY POTICHER RUTH POTICHER Defendant(s) TO: RUTH POTICHER 2006 CONNIE DRIVE ENOLA, PA 17055 DATE OF NOTICE: SEPTEMBER 27. 2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 fILE COpy .fl/ r/ (-t'/I#td'( Z ke;~;.,#;t.~ Frank Federman, Esquire Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2002-02311 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS POTICHER GARY ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon POTICHER GARY the DEFENDANT , at 2100:00 HOURS, on the 14th day of May 2002 at 2006 CONNIE DRIVE ENOLA, PA 17025 by handing to RUTH POTICHER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18,00 8,28 ,00 10,00 .00 36,28 r--~r..'</~ R. Thomas Kline 05/15/2002 FEDERMAN & PHELAN Sworn and Subscribed to before day of By: ..A,~ IA)~ Deputy S iff me this A.D, Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2002-02311 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS POTICHER GARY ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon POTICHER RUTH the DEFENDANT , at 2100:00 HOURS, on the 14th day of May 2002 at 2006 CONNIE DRIVE ENOLA, PA 17025 by handing to RUTH POTICHER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: <il'~/,?",,?"J' ~...0 4' _,~;;;~"'~-.J/ ~"-/' " ,." ~"""1>',, ...-~~~~ /-~ '" ~ff R. Thomas Kline - 05/15/2002 FEDERMAN & PHELAN me this day of By: J A o~.d.,IA ~ Deputy S iff Sworn and Subscribed to before A.D, Prothonotary ~):i~ 2 ...... ~ LJ r'1 ~ ~ ~ t~ ~~ ~ (') CJ (_; c: (',) -~ 1 <~ ':-::1 ;}~ r:~ ,~") :::-::""; --1 ....'"; --"', I "'" -- C.;') ,. :.;.c' "', :"'.) ~-'.' ~j FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK, TR UtA DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2). 3815 SOUTHWEST TEMPLE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 02-2311 CIVIL TERM GARY POTICHER RUTH POTICHER Defendant(s). 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 ofthe 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 GARY POTICHER is over 18 years of age and resides at, 2006 CONNIE DRIVE, ENOLA, PA 17055. (c) that defendant RUTH POTlCHER is over 18 years of age, and resides at , 2006 CONNIE DRIVE, ENOLA, PA 17055. This statement is made subject to the penalties of 18 Pa, C,S. Section 4904 relating to unsworn falsification to authorities, '1~Jp~~;:~~~~0IRE Attorney for Plaintiff o " C: i'_} 0.-;;,- .:':J C) L__ -~ , c "'-,.) .," PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3l80-3183 THE BANK OF NEW YORK, TR UIA DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2). Plaintiff, v. No. 02-2311 CIVIL TERM GARY POTlCHER RUTH POTlCHER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $141,864,62 Interest from 10/9/02 to 3/5/03 (per diem -$23.32) $ 3,451.36 and Costs TOTAL $145,315,98 ~-~ ~ ' fAA \, e..,\ A/V\{A ^^ RANK FE ERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property,No, on on on on = = r--r-- .... .... ~~ ~< r..:$ Z :L~ E-< 0 00 OZ rJ:J .... ZZ rJ:J< <>:l E-< r.lr.l 13 <~ --P:: >:l roS~ >:lE-< U i:: r.l>- P::u ~~ i:::: >;! 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C) c-:- ALL THAT CERTAIN piece or traet of land situale in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows: ~ BEGINNING at a point on the Northern line of Michaele Drive, said point being localed and referenced South 81 degrees 30 minules West, 225,00 feet from the northwest corner of the intersection of Michaele and Dawn Drives; thenee along lhe Northern line of Michaele Drive South 81 degrees 30 minules West, 82.82 feel to the point where the norlhern line of Michaele Drive intersects the eastern line of Connie Drive; thence along the easlern line of said Connie Drive North 29 degrees 30 minutes West, 187.45 feet to the southern line of a 5,00 foot right-of- way; thence along said right-of-way North 81 degrees 30 minutes EaSI, 150,00 feel to the northwest COmer of Lot No, 20; thence along lhe western line of said Lot No, 20 SOUlJI 08 degrees 30 minutes East, 175,00 feet to a point on the northern line of Michaele Drive, the place of BEGINNING. BEING Lot No, 21 (erroneously stated Lot Nos, 21 and 22 in prior deed) on plan of lots of property of Max L, McCombs and Ester McCombs recorded in Plan Book 7, Page 19, HAVING thereon erected a dwelling known and numbered as 2006 Connie Drive, Enola, Pennsylvania 17025. BEING the same premises that DEBRA L. BREWBAKER, a single person, by it's deed dated 8/1/01 and recorded in the Office of Recorder of Deeds in and for CUMBERLAND County, Pennsylvania on 8/2/01 in Deed Book Volume 247, Page 3706, granted and conveyed unto GARY POTICHER and RUTH POTICHER, his wife, Grantor herein, TAX PARCEL # 1O-14-0842-022A .t FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK, TR U/A DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2). CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. GARY POTlCHER RUTH POTlCHER NO. 02-2311 CIVIL TERM Defendant(s). 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 unsworn falsification to authorities, I:) >:; -r;ft nlq --;0-'__ ~:;r-' ~)'- :~~ -< ".::: :".1 c; I'V c:> C) -< fV-, 9, C1 THE BANK OF NEW YORK, TR UtA DATED DECEMBER I, 2002 (EQCC TRUST 2001-2). CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION GARY POTlCHER RUTH POTlCHER NO. 02-2311 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, 1) THE BANK OF NEW YO TR U/A DATED DECEMBER 1 2002 E CC TRUST 2001-2 ., 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 tiled the following information concerning the real property located at .2006 CONNIE DRIVE, ENOLA. PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GARY POTlCHER 2006 CONNIE DRIVE ENOLA, PA 17055 RUTH POTlCHER 2006 CONNIE DRIVE ENOLA, PA 17055 2, Name and address ofDefendant(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) None 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 2006 CONNIE DRIVE ENOLA, PA 17055 Domestic Relations of Cumberland Connty 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 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 ofl8 Pa, C,S, See, 4904 relating to unsworn falsification to authorities, October 4. 2002 DATE 1 Jl-.A lf~~->>,Q A ,ii\MJ./\f\. RANK F ERMAN, ESQUIRE Attorney for Plaintiff 0 ::;::) 0 c '" 'n ~ C::> -, ~"'-- " rr '-' Q:; ("I -l .~ f ,- S'I {l) ,: < .., - .',) r:-~' ...:, j:;: ,.. , ,"" , '";J -, ",.- THE BANK OF NEW YORK, TR UIA DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2). Plaintiff, CUMBERLAND COUNTY No. 02-2311 CIVIL TERM v. GARY POTICHER RUTH POTICHER Defendant(s). October 4, 2002 TO: GARY POTICHER 2006 CONNIE DRIVE ENOLA, P A 17055 RUTH POTICHER 2006 CONNIE DRIVE ENOLA, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE, IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at. 2006 CONNIE DRIVE, ENOLA. PA 17055, is scheduled to be sold at the Sheriffs Sale on 3/5/03 at 10:00 a.m, in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$141,864.62 obtained by THE BANK OF NEW YORK. TR UIA DATED DECEMBER I, 2002 (EOCC TRUST 2001-2). (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: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you must pay, you may call: (215) 563-7000. 2, You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered, You may also ask the Court to postpone the sale for good cause, 3, You may also be able to stop the sale through other legal proceedings, You may need an attorney to assert your rights, The sooner you contact one, the more chance you will have of stopping the sale, (See notice on 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 Sheriff's 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 ifthis 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 ofthe 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, P A 17013 (717) 249-3166 (800) 990-9108 ALL THA T CERTAIN piece or tracl of land situate in Hampden Township, Cumberland Counly, Pennsylvania, bounded and described as follows: _ BEGINNING al a poinl on Ihe Northern line of Michaele Drive, said point being located and referenced SOUlh 81 degrees 30 minules West, 225,00 feet from Ihe norlhwest corner oflhe intersection of Michaele and Dawn Drives; thence aloog Ihe Northern line of Michaele Drive Soulh 81 degrees 30 minutes Wesl, 82.82 feel 10 Ihe poinl where the norlhern line of Midlaele Drive inlersecls the eastern line of Connie Drive; Ihence along Ihe easlern line of said Connie Drive North 29 degrees 30 minules West, 187.45 feet to lbe soulhern line of a 5.00 fool right-of- way; thence along said right-of-way Norlh 81 degrees 30 minules East, 150.00 feel to the norlhwesl corner of Lot No, 20; lbence along Ihe weslern line of said LoI No. 20 SoUtJl 08 degrees 30 minules Easl, 175,00 feel 10 a poinl on Ihe northern line of Michaele Drive, the place of BEGINNING, BEING Lot No, 21 (erroneously stated Lot Nos. 21 and 22 in prior deed) on plan of lols of property of Max L. McCombs and Esler McCombs recorded in Plan Book 7, Page 19. HAVING Ihereon erecled a dwelling known and numbered as 2006 Connie Drive, Enola, Pennsylvania 17025. BEING the same premises that DEBRA L. BREWBAKER, a single person, by it's deed dated 8/1/01 and recorded in the Office of Recorder of Deeds in and for CUMBERLAND County, Pennsylvania on 8/2/01 in Deed Book Volume 247, Page 3706, granted and conveyed unto GARY POTICHER and RUTH POTICHER, his wife, Grantor herein, TAX PARCEL # 1O-14-0842-022A HI. 0 CJ D C r-.) n " ::J -" Cl ., " L') --~ /" , I C!J . G) r.:: , c_. ?::,: , - (,~ ' ' .....';> r ;-,,] ::::'1 '- '" ::2 :.-1 .:..n .,-:-" -< WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-2311 Civil CIVIL ACTION ~LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, TR UtA DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2), Plaintiff (s) From GARY POTICHERAND RUTH POTICHER, 2006 CONNIE DRIVE, ENOLA, PA 17055 (I) You are direeted to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $141,864,62 1.1. $.50 Interest FROM 10/9/02 TO 3/5/03 (PER DIEM - $23.32) - $3,451.36 AND COSTS Arty's Cornrn % Due Prothy $1.00 Atty Paid $124.28 Plaintiff Paid Other Costs Date: OCTOBER 8, 2002 (Seal) CURTIS R. LONG ::honaO~? _ p. 7f/l/Y1. / Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563.7000 Supreme Court ID No, 12248 THE BANK OF NEW YORK, TR UIA DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2). Cl]MBERLANDCOUNTY Plaintiff, COURT OF COMMON PLEAS v. GARY POTICHER RUTH POTICHER CIVIL DIVISION NO. 02-2311 CIVIL TERM Defendant( s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) THE BANK OF NEW YO~ TR UtA DATED DECEMBICR 1. 2002 (EQCC TRUST 2001-2)., 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 .2006 CONNIE DRIVE. ENOLA. PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GARY POTICHER 2006 CONNIlH: DRIVE ENOLA, P A 17055 RUTH POTICHER 2006 CONNIE DRIVE ENOLA, PA ][7055 2. Name and address ofDefendant(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) TOTAL HEATING AND COOLING, INC. 7032 BATES ROAD ANNVILLE. PA 17003 4. Name and address oflast recorded holder of every mortgag1e of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 as.certained, 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 plaintiffhas 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 2006 CONNIE DRIVE ENOLA, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, IIA 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. Februarv 4. 2003 DATE ).e-;:;>P FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff o c <' -n l-T~; n"'16" -;1"-r"j ~~~~. ~~ ~o >c: -r ~ -< o w -.., rrt co o -n ...,-: r= fT1 , C,:J , 1.. "tel "~-';:B '.0 ;.~ rl1 ......,~,J --I '",. :n -< o -0 :J;;: ~) eJ1 IN THE COURT OF COMMON PLEAS OF CUMEJERLAND COUNTY, PENNSYLVANIA RE: THE BANK OF NEW YORK, TR UtA DATED DECEMBER 1,2002 (EQCC TRUST 2001-2) ) CIVIL ACTION ) vs. GARY POTICHER RUTH POTICHER ) ) CIVIL DIVISION NO. 02-2311 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) ss: I, FRANK FEDERMAN, ESQUIRE attorney for THE BANK OF NEW YORK, TR U/A DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2) hereby verify that on 10/8/02 & 2/3/03 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 seht to the Defendant(s) on 10/8/02 by certified mail return n3ceipt requested see Exhibit "B" attached hereto. DATE: February 4.2003 ~~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff o a.. o = ~~ -~ B . '5 ~ (J.,S~:S ::fB -on .~ Zn~ ~ ~ <~~;! ....:1..0::100 W 90- ::c..oa::lrA p..J5.s8 Scu~~ ~ t 0 < ~Hi w(J.,....'1:j oor---~ WJ;-:-;:: ~o~lf ~ a.. =(I.l~ = (I.l = o t 0 e"Cl~ ="Cl... z<o I I I I I .9~ ~ .. ~ 'E..~ ~ ljOOOdlZ """' 001'V" .. ... u 18 ~8.g:; ~~ S.:E ~ OlXJ LL t:oot:17000 ,., 8 ~,g ~ ._"' 00 $ 'if ~ GO -8 sf.~ ~ .5 Vt -g 8 .'''''AJNllrl~~ ~ ~.~.l! II -~Pp:::i au!:!'" r=:;;;;;; ~ f} '~S M oj ~ ~ ~~:;g ::.t,sOd $3~.J,~ u '-.:E S ~ g ~ l/~ ~ ,'t> ~ ,- :::: ~ ~a ~ g ~ l1l,g ~ ~~ V ~868" .!l!!'!!-5 'Q. C ~ .~ !! ~~- _ Q. c <. tl ::!u~a! o 0._-: ~ r~ ~'~ .. u ~~]11 :;cnE~ C !! ::l '60 ~ ~,5 !! 'C .... >( .... ~~ a~ .g3~~u .~I- -00 =;;CU~t C~U~> o ~'~:3 ~.go~~ '~:E ~ ~ g ~ !! .. 8. 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"Cl == lil ",:: ; = -"'''0 ..gC.t5; u,- t c.."CI ~ ;oc.04"':= r:= ~tc 5.9g=~= -8~=:.t~ :;~z:~~~ c =.~ ~cS 0\ o 8 t c.= CIl 1 ~ = cg -g -!:uf-c.n. g.-s lil 5 &I ::l ~ ;.9~'=:8j GJIIlI- -= &; III ... .-.. o__=~ !ll :ci.. ti 5 ~ - ==;.. :~.c5~;; 'OC.;-acil c.~8 s.-. .9st"S:!1 .u=~~= ;"Cl.. c" ...:! 5 ..._~ ~5B~g~ :;~-8t.5:l .....--=045 UH.CoI.C ~5:!1:S5Cl OIl C "> -G. lil =: ... o .. 5 . ~ .. .. ll. ~i .. .... 5..2 ....c. .. 5 ~r.ij ~ ~ ~ ~ .. .. .. ... lile a:o ....... o .. .. 0 ..ll. .CI- S .. =1 z .. -"il :! t ~=: ~ ~ \ (t 71bO 3901 ~44 0124 1945 I TO: GARY POTlCHER 2096 CONNIE DRIVE ENOLA, P A 17055 SENDER: ~S!\Lml; TEAM 3 J . , REFERENCE: PS Form 3800 June 2000 RETURN Postage RECEIPT C rtOt' d F SERVICE e lie ee Return Receipt Fee Restricted Delivery Total Postage 8, Fees US Postal Service Receipt for Certified Mail .34 , : No Insurance Coverage Provided 00 Not Use lor International Mail ......_--..-...,.....--,_...--,.._._-....-...-..-=--~..oL_...__~ _________________ ._-------~---...-....----""-----...-'"-"-....- - i \ I TO: RUTH POTICHER I 2006 CONNIE DRIVE 1 ENOLA, P A 17055 ! I I t I 1 ~ 1 j , 7:LbO 3'Il1 9844 0124 1952 SENDER: ~ TEAM 31 REFERENCE: PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE , Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided 00 Not Use for International Mail ---~---- -- - - .- - -_..--- -- --- ----- .-------- -- -- --- ----- ----- .-- ----- (] f;; ~~j zc' S2;~ r--_.'j "__ \~...i ~~ ):.> ""-"", z~[ ~~t~ ~ a w ....., "., ::'::0 o 11 :[1 o v "-'.l (fl The Bank of New York, TR VIA Dated December 1, 2002 (EQCC Trust 2001-2) VS Gary Poticher and Ruth Poticher In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2002-2311 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman, Sheriffs Costs: Docketing Poundage Surcharge Law Library Prothonotary Mileage Certified Mail Levy Posting Handbills Advertising Postpone Sale Law Journal Patriot News Share of Bills 30,00 15,18 30,00 .50 1.00 15,18 3,10 15,00 15,00 15,00 20,00 297,95 291.22 25,21 $ 774.34 paid by attorney 6/11/03 Sworn and subscribed to before me So Answers: ~ This l%edaYOf~ ~~"'~ (l . 1\ h . . R. Thomas Kline, Sheriff 2003, A,D, ~ IA: II1A..ll.w, ~ B\\. ~~, I/~ Prothonotary Re~te Deputy \,sO J<.'IIII.,6 uL 13910'( ,; t THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under M 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 Ass\. 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 circuiation, 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 allached hereto is exactly as printed and published in their regular daily andlor Sundayl 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 mailer 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 behaif 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 S ALE #9 ",.."..,..,""',..,..,"","""~" """..,4.."").,, " Sworn to and sUbscr&ef"re this 14th ~Fe y 2003 A,D, Notarial Seal /f ;t;:/A'" J'~/ u /' ~# / /' TenyLRussell,NOIaryPublic' ~~/ 'L-- l.-t9"/~ CI1yOl Harrisburg, DauphlnCoun\y 1/ N~A Y PUBLIC My CommiSSiOn Expues June 6, 2006 Member, Pennsylvania Association Of Notaries My commission expires June 6, 2006 CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA, 17013 J Statement of Advertising Costs To THE PATRIOT-NEWS CO" Dr, For publishing the notice or publication allached hereto on the above stated dates $ PrObating same Notary Fee(s) $ Total $ 289,47 1,75 291,22 Publisher's Receipt for Advertising Cost The Patriot News Co" publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowiedge receipt of the aforesaid notice and publication costs and certifies that the same have been duiy paid, By""""""""""""""""".."""""""","',"',"',," ~~1);: '-'1. {' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), p, L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : 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. 9 ~:-2 L?- isa Marie Coynynditor Writ No. 2002-2311 Civil The Bank of New York, 1R U I A Dated December 1, 2002 (EQCC Trust 2001-2) vs, Gary PoUcher and Ruth PoUcher Atty.: Frank Federman ALL 1HAT CERTAIN piece or tract of land situate in Hampden Town- SWORN TO AND SUBSCRIBED before me this 14 day of FEBRUARY. 2003_ ship. Cumberland County. Pennsyl- vania. bounded and described as follows: BEGINNING at a point on the Northern line of Michaele Drive. said point being located and referenced South 81 degrees 30 minutes West. 225.00 feet from the northwest cor- ner of the intersection of Michaele and Dawn Drives; thence along the Northern line of Michaele Drive South 81 degrees 30 minutes West. 82.82 feet to the point where the northern line of Michaele Drive in- tersects the eastern line of Connie Drive; thence along the eastern line of said Connie Drive North 29 de~ grees 30 minutes West. 187.45 feet to the southern line of a 5.00 foot right-of-way; thence along said right-of-way North 81 degrees 30 minutes East. 150.00 feet to the northwest corner of Lot No. 20; thence along the western line of said Lot No. 20 South 08 degrees 30 minutes East. 175.00 feet to a point on the northern line of Michaele Drive, the place of BEGINNING. BEING Lot No. 21 (erroneously stated Lot Nos. 21 and 22 in prior .. , _ _r L L, ~v;ti/l./ )\'ot~_ I NOTARIAL SEAL I <::';! "'f:~ ~'"" . . L~;,~ ,E. "ir~.~, ':";~:X Public i Ca",.J9 ' , ""..." County i My Com:nis;;:~:1 8+~;iJ3 i.larch 5, 2005 ..-..........,.,-~- ,:,uutll ~l degrees 30 minutes West, 225.00 feet from the northwest cor- ner of the intersection of Michae1e and Dawn Drives: thence along the Northern line of Michae1e Drive South 81 degrees 30 minutes West, 82.82 feet to the point where the. northern Une of Michaele Drive in- tersects the eastern line of Connie Drive; thence along the eastern line of said Connie Drive North 29 de- grees 30 minutes West. 187.45 feet to the southern line of a 5.00 foot right-of-way: thence along said right-of-way North 81 degrees 30 minutes East. 150.00 feet to the northwest corner of Lot No. 20: thence along the western line of said Lot No. 20 South 08 degrees 30 minutes East. 175.00 feet to a point on the northern line of Michaele Drive. the place of BEGINNING. BEING Lot No. 21 {erroneously stated Lot Nos, 21 and 22 in prior deed} on plan of lots of propert< of Max L. McCombs and Ester McCombs recorded in Plan Book 7. Page 19. HAVING thereon erected a dwell- ing known and numbered as 2006 Connie Drive. Enola. Pennsylvania 17025, BEING the same premises that DEBRAL, BREWBAKER. a single per- son. by it's deed dated 8/1/01 and recorded in the Office of Recorder of Deeds in and for CUMBERLAND County. Pennsylvania on 8/2/01 in Deed Book Volume 247, Page 3706. granted and conveyed unto GARY POT1CHER and RUTH POnCHER. his wife, Grantor herein. TAX PARCEL #1O~14-0842~022A. i' PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3l83 THE BANK OF NEW YORK, TR UIA DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2). Plaintiff, v. No. 02-2311 CIVIL TERM GARY POTICHER RUTH POTICHER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $141,864,62 Interest from to JUNE 9, 2004 (per diem -$23.32) $14,225,20 and Costs TOTAL $156,089,82 J~~ FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property,No, u:) ~ C) '7---.... - ~~ .' - c.._ .... ~ - ~ '0 - - 0 ~J - - .., - . ~ - - . .,.~..:. ,- .. -) : ..-. .. _. 'Cl (j L;;:~:,:, :.;; <J a J c.::;;, C) ~ \l G '''' ::to '" () () G "'l VI 0 <l ..... G; ::i- t? l.? I)- --.: ......: ..! ~ 1)). -b9:' ("I) - to- ~ ~ ~ t-- -<4 .J f'.... c-.... :::r- 'Y) M 1 d --- v W ~ [n N 1-: j ~ ~ t ' -..-.! ~ ~ ...~ ~ z 0 o~ ~; .... """ ~~ ~ ~""" u ~u ~'E "'00 """u ~z ~g ~~ ... a Zz ...... ... Q 0... == oC:; :;~ 0..... uu ... = .... .... """ .. :; ~ ...=...... 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" :g - -< ~ LEGAL DESCRIPTION ALl, THAT CERTAIN pi~ or paroel of land situate in Hampdeu Towmdrip, Cumberlml COIllIty, Pl:IllllIylvlll:lia. bounded ami deserlbed as ron()Ws: BEOINNING atapllillt on the NorthMllilleofM&lJaele Ddve, sa.Id pollll bcll.o& locarcd aDd rcfi:m1ccd South 81..~ 90 miaUte$ West. m.oo feet frmn the Northwest corner of the imersect:iOn of Micb.t!de B.Dd Dawll DriVt'.$; tbcrwe a1utJgfbcN~ line of Michlti:01e Drive South 81 de~ 30 mirJlJttsW$.82.82 ftlet to thcpoiDtwherethe Nottbem1bJeofMlelIal!llIDfivem~lhe J!.uti:Jn llollofCOIlJIieDrlve; theooe alO1IItbe ~ line ohaid Cmmie Drive North 29 degrees 30 IllillUtes WllSl, 181.46Jeet tD1Iul So1ll:bem._ ofaS.OOfeet.tigt1t ofwa~; tIl$liltalllllgsaidrlgll.tOfwayNOnb 81 81R*1l 30 mlmates East. 150;00" to.~ NonllweSt C(/l'lICf' of Lot No. 20; thaulc along the Wes= Iille of saIQ Lo'l No. Zl) SOlUh $/lel1'ees 30mimllCS East, 115.0 1\leI to a poiDt Oll tIie ~rll lineuflilflllhaele DriVtl, l:hc p_ ofBEarNNING, ImINO Lot Nil. 21 (errlIIlI!Qusly stJIW .1..Dt2I aQd22 in pdof deed) on plan of lots ofpmpcrty of Max L. lIWCOIllbs aIIl1 Bstor McCombs recoma lnP!an BooJ:: 7, Page 19. FlAVING THliREON BREC1'6DlI dwelling ImtJwn and IIIIDlbcnd l1ll 2006 COlIlIie Drive. Boola. PeIUIsylvaliia 1'1025. UNl>ER. AND SumECT, NEVBRTHELESS mall rcsttictiollS. reservations. condlliOtls. covllll3l1tS. easr.ll1eJllS lIIId right of way of prior rc:c:ord. TITLE TO SAID PREMlSES IS VESTBJ)1N Gary Potlcllllr IIJld Ruth l>ntichCl', hia wife by Deed framDc:bra L. Brewbaker. single palOI1 dated 81112001 ll1Id recorlled8l2lWOl in Rel:o.rd Book: '147 Page 3706. PROPERTY ADDRESS: 2006 CONNIE DRIVE, ENOLA, PA 17055 TAX MAP: 04-0842, PARCEL 022A FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIllLADELPffiA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK, TR U/A DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2). CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION GARY POTICHER RUTH POTICHER NO. 02-2311 CIVIL TERM Defendant(s). 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: o 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 unsworn falsification to authorities, J~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ,-,., ~~;_:~ ,..- -, C) c" USBC PAM - LNE - V2,3 - Docket Report Page 1 of7 CREDS, CLAIMS, 2002, 341Held, PlnCnfrmd, MotDism U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:03-bk-01212-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Date Filed: 03/04/2003 Gary L Poticher 2006 CONNIE DRNE ENOLA, P A 17025 SSN: xxx-xx-9706 Debtor represented by Lee Eric Oesterling Lee E Oesterling and Assocaites LLC 42 EAST MAIN STREET MECHANICSBURG, P A 17055 717 790-5400 Ruth Inez Poticher 2006 CONNIE DRNE ENOLA, P A 17025 SSN: xxx-xx-9469 Joint Debtor Charles J. Dehart, III P,O, BOX 410 HUMMELSTOWN, P A 17036 717566-6097 Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 717-221-4515 Asst. U.S. Trustee represented by Lee Eric Oesterling (See above for address) Filing Date # Docket Text 01/08/2004 51 Notice to Parties: (RE: related document(s)[48], [35], [42], [50]), Hearing scheduled for 1/28/2004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (KZ) (Entered: 01/08/2004) https://ecf. pamb, uscourts,gov/cgi-binlDktRpt.p1?236864648861567 - L _82_0-1 1/13/2004 USBC PAM - LIVE - V2,3 - Docket Report Page 2 of7 01106/2004 50 Obj ection to Certification of Default Filed by Lee Eric Oesterling of Lee E Oesterling and Assocaites LLC on behalf of Gary L Poticher, Ruth Inez Poticher (RE: related document(s)[ 48] ), (KZ) (Entered: 0110712004) 0110612004 49 Order Granting Relief from Stay(RE: related document(s)[ 48], [35] ), (KZ) (Entered: 01106/2004) 0110512004 48 Certificate of Default Filed by Christopher J Kern of Lavin Coleman O'Neil Ricci Finarell on behalf of Onyx Acceptance Corporation (RE: related document(s)[43], [42] ), (KZ) (Entered: 01105/2004) 12/11/2003 47 Order granting relief from stay, (RE: related document(s)14, [46] ), (BW) (Entered: 12/1112003) 12/09/2003 46 Certificate of Default Filed by Judith Romano of Federman & Phelan on behalf of The Bank of New York (RE: related document (s)[30], [32] ), (BW) (Entered: 12/09/2003) 12/05/2003 45 Order approving Stipulation (RE: related document(s)[44]), (KZ) (Entered: 12/05/2003) 12/05/2003 44 Stipulation by debtor and Ch, 13 trustee Filed by Charles J, Dehart III (RE: related document(s)[41]), (KZ) (Entered: 12/05/2003) 11125/2003 43 Order approving Stipulation (RE: related document(s)[ 42] ), (KZ) (Entered: 1112512003) 11121/2003 42 Stipulation Filed by Christopher J Kern of Lavin Coleman O'Neil Ricci Finarell on behalf of Onyx Acceptance Corporation (RE: related document(s)[35]), (KZ) (Entered: 1112112003) 1111212003 41 Motion to Dismiss Case for material default and hearing notice to parties, Filed by Charles J DeHart, III (RE: related document(s)1, 1 ), Hearing scheduled for 12/1112003 at 02:00 PM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (KZ) (Entered: 11/1212003) 10/20/2003 40 Correspondence filed by Christopher J Kern of Lavin Coleman O'Neil Ricci Finarell on behalf of Onyx Acceptance Corporation requesting that hearing be cancelled, Parties to file a stipulation within thirty (30) days or motion to be dismissed without prejudice, (RE: related document(s)[36] ), (JG) (Entered: 10120/2003) https://ecf,pamb, uscourts,gov/cgi -binlDktRpt.p1?236864648861567 - L _82_0-1 1/1312004 THE BANK OF NEW YORK, TR U/A DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2). CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION GARY POnCHER RUTH POnCHER NO. 02-2311 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, 1) THE BANK OF NEW YORK. TR U/A DATED DECEMBER I. 2002 (EOCC TRUST 2001-2)., 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 .2006 CONNIE DRIVE. ENOLA. PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GARY POTlCHER 2006 CONNIE DRIVE ENOLA, PA 17055 RUTH POTICHER 2006 CONNIE DRIVE ENOLA, PA 17055 2, Name and address ofDefendant(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) CTCB COORDINATOR-RYE TOWNSHIP 2301 N. 3RD STREET HARRISBURG, PA 17110 AQUA SPECIALISTS, INC. P.O. BOX 123, 160 SILVER SPRING RD. MECHANICSBURG, PA 17055 TOTAL HEATING & COOLING, INC. 7032 BATES ROAD ANNVILLE, P A 17003 Name 4, Narne and dd a ress of last recorded hOlde f TO eVerYrn rt o gage of record: NOlle Last KnoWn Addr ' reasonably ascertai~:iIfl ad dre~s c:urnot be ' P ease indICate) NOlle 5, Name and dri- a uress of eVery oth er Person Who has any rec ' N"", 0", """ on fu, P"'_" Last KnoWn Address (if reasonably ascertained I ad dre~s c:urnot be Non, . P "''' ""'i,,~ ) 6, Name and dri- ' a uress of every oth "'- "" Y b, 'ff"",,, by", "":' P"'"" who"" "'Y""""" i"""", in " . , P"'P<ny "'d Who" Name Last KnoWn Addre ' reasonably ascertai;:iIfl a ddre~s c,ilIJJIot be ' P ease Indicate) 1'ellallt/OCcupallt 7, Name and address of eVe ", P"'P'rty Whi'h ""Y be :;;::':''?;:::::'~;.WhO", fu, PI""ffh" knoWI",.. wh h . N"", . 0 ""'Y '"'_ in Last KnoWn Addre ' reasOnably ascertai;sifl a ddre~s c,ilIJJIot be e ,P ease indICate) 2006 CONNIE DR.lVE ENOLA, PA.17055 131Y.Ortb Ilallover Street CarlIsle, PA17013 Po Box 2675 IlarriSburg, P A 17105 hOllJestic Relatiolls of C b ullJ erlalld COUllty ~llJllJOlllVealtb of PellllSYlvallia JPartllJellt of Welfare I Verify that the staternents " ""'g, " inFo_o, "'od,,. thi, ,",d,~, .., 'n" he, of 18 Po. C.S. s"".o:;;;;;;;;.; ";'-d fu" "'" "..::::~~ ~ fu, be" of "'Y""-,, g 0 unsworn falsification to auth 't~n are rnade SUbject to the On Ies, ~ ------- _.- , ~, ':::~, "- ...--1 i"-,-\ c._ C.;. (, THE BANK OF NEW YORK, TR U/A DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2). Plaintiff, CUMBERLAND COUNTY No. 02-2311 CIVIL TERM v. GARY POTICHER RUTH POTICHER Defendant(s). January 13, 2004 TO: GARY POTICHER 2006 CONNIE DRIVE ENOLA, PA 17055 RUTH POTlCHER 2006 CONNIE DRIVE ENOLA, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 2006 CONNIE DRIVE. ENOLA. PA 17055, is scheduled to be sold at the Sheriff's Sale on JUNE 9. 2004 at 10:00 a,m, in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment 0[$141.864.62 obtained by THE BANK OF NEW YORK. TR UtA DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2). (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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you must pay, you may call: (215) 563-7000. 2, You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered, You may also ask the Court to postpone the sale for good cause, 3, You may also be able to stop the sale through other legal proceedings, You may need an attorney to assert your rights, The sooner you contact one, the more chance you will have of stopping the sale, (See notice on 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. Ifthe Sheriff's 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 ifthis 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 ofthe 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 (71 7) 249-3166 (800) 990-9108 LEGAL DESCRIPTION All, THAT CERTAIN piece or parcel of land situate in Hampdco Township. Cumberland Count)'. Pennsylvllllia. bolllJded lUId described as follows: BEGINNING at II point on the Northern Iinc of MlCbaele Olive. Sllld point being IllClUCd and referenced South 81 \1egtees 30 minuteS West. m, 00 feet from the Northwest cornet of the intersection of Micbade and DaWD Drivcs; tbcnce along tbe Northcm line of Michaele Drive Sou!h 81 degrees 30 minutc:s West. 82,82 feet 10 !he point where !he Northern Iinc of Micbaele Drive intersects the Euo:rn line of Coonie Drive; thence along Ihe Eastern line of said Connie Drive North 29 degrees 30 m/nII1es West, 181.45 feet 10 tbe Soulhern line of a 5.00 feet right of way; thence along said tight of way Nom 81 degrl:l:S 30 minute:> East. 150.00 feet 10 ll1e Northwest corner of Lot No. 20; tbcnce along tIIA: Weslel1l line of said Lol No. 2() South 08 degrees 30 minutes East, 175.0 feel 10 II point on the Northern line of MiclJacle Drive, the place of BEGINNING, BEING Lot No, 21 (erroneollBly stale Lo<< 21 and 22 in prior deed) on plan of lots of property of Max L. McCl)IIlb$ and &lei McCombs recorded in Plan Book 7, Page 19. HAVING TIlEREON ERECfED II dwelling known and DUIDbcmJ liS 2006 Connie Drive. Enola, Pennsylvania 17025. UNDER AND SUB1ECf, NEVERTHELESS to al] restrictions, reservations, COlldiliOllS. COvtnaJlIS. elIlIC.DlCIllS and right of way of prior record., TITLE TO SAID PBEMISES IS VESTED IN Gary POllcher and Ruth Poticher, his wife by Deed from Debra L. Brewbaker. single person dated 811I2001 aDd recorde4 8/212001 in Record Book 247 Page 3706. PROPERTY ADDRESS: 2006 CONNIE DRIVE, ENOLA. PA 17055 TAX MAP: 04-0842, PARCEL 022A r-:t ,:'--J (_-J L_ _.n'. i-;l-.r- '- (,', (), WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-231l Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, TR UIA DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2), Plaintiff (s) From GARY POTICHER AND RUTH POTICHER (1) You are direeted to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the aceount of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $141,864,62 L.L. Interest FROM 6/9/04 (PER DIEM - $23,32) - $14,225.20 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $91l.12 Other Costs Plaintiff Paid Date: JANUARY 15, 2004 (Seal) CURTIS R. LONG Prothono~ -....:av: ~,...,. D _P .L2{C/l/I,F..r Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PffiLADELPffiA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No, 12248 AFFIDAVIT OF SERVICE PLAINTIFF THE BANK OF NEW YORK, TR U/A DATED DECEMBER I, 2002 (EQCC TRUST 2001-2). CUMBERLAND COUNTY PIT No. 02-2311 CIVIL TERM ACCT. #8156000757 DEFENDANT(S) GARY POTICHER RUTH POTICHER Type of Action - Notice of Sheriff's Sale SERVE GARY POTICHER AT 2006 CONNIE DRIVE ENOLA, PA 17055 Sale Date: JUNE 9, 2004 SERVED Served and made known to l( Go..'rl._P6 'Tl t.k-t-\r , Defendant, on th"'\ , ;..s at XI;/ 5 ,0'eloekL,m, at ;( ~ DO (0 f?.o nJJ<J I E. Dill f.) C. z: -volt9 ) day of '(J;,,fJW'''''1 ' 20011, ~ /7,,;tfCommonwea1th ,XifPennsylvania, in the manner deseribed below: .-<: Defendant personally served, Adult family member with whom Defendant(s) reside(s), Relationship is Adult in eharge of Defendant(s)'s residenee who refused to give name or relationship, Manager/Clerk of place oflodging in whieh Defendant(s) reside(s), Agent or person in charge ofDefendant(s)'s office or usual place of business, an officer of said Defendant(s)'s company, Other: Ag~'( -53 Heig'(tS'lrf we'&ht (j,P.D Ra~ aJ?<..~exA Other a eompetent adult, being duly sworn according to law, depose and state that I personally handed Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at day of A:' , 200\ , at ^ o'e1oek _,m" Defendant NOT FOUND becau~ On th<;\(' Moved Unknown No Answer Vacant ?I Attempt: 'f-3rd Attempt: Sworn to and subscribed before me this _ day of , 200 _' Notary: I I Time: fqnd Attempt: I I Time: I / Time: ByK Attornev for Plaintiff Frank Federman, Esquire -I.D. No. 12248 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF THE BANK OF NEW YORK, TR UtA DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2). PIT No. 02-2311 CIVIL TERM ACCT. #8156000757 DEFENDANT(S) GARY POTlCHER RUTH POTlCHER SERVE RUTH POTlCHER AT 2006 CONNIE DRIVE ENOLA, P A 17055 Type of Action .' Notice of Sherifrs Sale Sale Date: JUNE 9, 2004 Served and made known to m+ ~ ,~y. at~ J;/S , o'eloeki!,m., at SERVED Po t! (h -€,v- , Defendant, on thr\ :J.5 dayof lt9.ve,/1,,"Y ~, Commonwealth of Pennsylvania, in the manner described belorC ~Defendant personally served, Adult family member with whom Defendant(s) reside(s), Relationship is Adult in charge ofDefendant(s)'s residenee who refused to give name or relationship, Manager/Clerk of place oflodging in which Defendant(s) reside(s), Agent or person in eharge of Defendant(s)'s offiee or usual plaee of business, an officer of said Defendant(s)'s company, , "'~5<;11 iOf) Heig*~ Weig)1t~ Ra~ ~ s:!: L Other , a competent adult, being duly sworn aecording to law, depose and state that I ~ /7 =/ / /v;U~/OY I!- {1J,,~c:. TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERYF)( On the { day of f. .( ,200_, at o'eloek _,m., Defendant NOT FOUND becar Vacant Moved Unknown No Answer pst Attempt: / / Time: knd Attempt:_ / / Time: ~ 3rd Attempt: / Sworn to and subscribed before me this _ day of , 200 _' Notary: / Time: BY:~ Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 - ~. 0 ...., ~ = c = ~ ..,.. ~i ~~::~~ ..,., :;:l ,." FA:!) CO -o~ 2:[',' , (j),,' \.0 ~( .-.( ~~ c:: ::r:33 ~-- -0 i~?~';; ::E: qo ~''''~rn W :....; ~".~ s! -, ~- --~ 'lJ -< \.0 '< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK, TR UIA DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2), ) CIVIL ACTION ) vs, ) CIVIL DIVISION ) NO, 02,.2311 CIVIL TERM GARY POTICHER RUTH POTICHER AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for THE BANK OF NEW YORK. TR VIA DATED DECEMBER I. 2002 (EOCC TRUST :!OOI-2). hereby verifY that on JaDuarv IS. 2004 true and correct copies ofthe Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto, DATE: March 30. 2004 ~uj Q)uI't!1() FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff r- 0 ..., ~ ~ - - - - - - 'D 00 -.J '" V> "" VI N - 5 rfJ ':.../ ,~ "" ,~ N - 0 ~ II> :;.' ~ = ;::;6- 0. ~ 0 II> ,," > ... '.... s:. ;l. ~ ii' i\ .. Z l: 3 l:T .. , ;;:::-' C) ;p () >-l ::0 Cl >-l () tI 7. "C- o c . ::l"'" ~ E ~ ,0 >-l ~ c: ~ m 0 0 3 fr::J ~ z c: () >-l Z ::::: ::::: . ~E -< ;p tJ:J ::r: -< 'Z ::::: m "- It'- . " () r- > _0 - ~ "0 "0 "0 [/] "Os ~. [/] '=:' ~ ~ o " 0 >tl 0 ::r: 0 0 >-l ~ FC'1 " 0 >-l m 0 m >-l >-l n 3 o~ n () El ;p n n 0 ~ ~a ;;; >-l () ~ r:; "C~ ::r: Z Z ::r: ::r: () ~ :::g m r- m m :iJ ~ ::0 tii ;p Cl 1" 1" ;! >-l ;:! ;p ::J ~ "''' Ro N N . -0. 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'" g " ~ n ;p >< ~ g,~~gi - [/] -.J N 8 [;;' ~ 0 tJ:J - '" m <: V. g ):I s: - -.J ~ ~!' ::I !:O. 0 .V> .>-l 0J0"8 >-Iii!;;:: ^" ~ g ~o~5o P 8' g ~ ~ >tl ~ ~. trJ~. ;p rg. g ~ ~ - - ~;- ~ ~ -.J [/] [/] c tJ:J r- i..E-~:: '~ ,... !" _ r. '"' _ '~ ~ ~, ~ - '" "0 ~ '" I C) ;p :; , . I - ~, ~ ~ ~ ~ >tl -.J .v ;p 0 rosi.1, (y \ <4t._\ \~\ \, ~('- , , ,\"<" i:'Ztit.:,il:.';.;I-,:;, , ~.-r~~{t~+l"~ " "" ., ,~ 'M._, ,_ >z 0." 0.3 ;;l II> '" " '" = 0. 0'T1 = tT1 " tJ ~~ -~ r:1 e: rfJ"C c _ cr - - - a-;':; ~ ;Z [/)" S r- :. r- g "C uj ~: S~~,., :::::1 -< C) 5 ,. '... ,'"" ~ ,..:> C-::;l = .c- ,.,.. -.~ "" o -n --< ~- R1:1J -oF; 59 .:c;O ~r~ ~--=::l :~~; -< N 72 -"".. r. (,11 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 The Bank Of New York, TR U/A Dated December 1, 2002 (EQCC Trust 2001-2) ATTOFillEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS vs, Gary Poticher Ruth poticher CIVIL DIVISION NO,~~2311 CIVIL TERM PRAECIPE FOR RULE TO SHOW CJ~USE TO THE PROTHONOTARY: Kindly enter a Rule upon Gary Poticher Ruth Poticher, Defendant(s) to show cause why the attached Order for Reassessment of Daroages should not be entered, FEDERMAN AND BY:~ PHELAN, L,L.P, 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 ATTORNEY FOR PLAINTIFF The Bank Of New York, TR U!A Dated December 1, 2002 (EQCC Trust 2001-2) CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Gary poticher Ruth Poticher CIVIL DIVISION NO. ~~2311 CIVIL TERM 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 April 28, 2004. Gary poticher Ruth Poticher 2006 Connie Drive, Enola, PA 17055 DATE: April 28, 2004 FEDERMAN AND PHELAN, L.L.P. BY~ ~~__ 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 The Bank Of New York, TR U/A Dated December 1, 2002 (EQCC Trust 2001-2) ATTOFrnEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS vs, Gary Poticher Ruth Poticher CIVIL DIVISION O';l.. NO. ~-2311 CIVIL TERM MOTION TO MAKI! RULI! ABSOLU'l'1! Plaintiff, by its Attorney, Daniel G. Schmiesr, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absc)lute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1, That it is the Plaintiff in this action, 2, A Petition for Reassessment of Damages was filed with the Court on and Rule was entered upon Defendant (s) Gary Poticher Ruth Poticher on to show cause why the Order for Reassessment should not be entered, A true and correct copy of the Rule is attached hereto as Exhibit A, 3. The Rule to Show Cause was timely sl~rved upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B, 4, Defendant (s) failed to respond or otherwise plead to the Rule Returnable date of WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. FEDERMAN AND PHELAN, L ,I,. P , BY~ S~~ 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 The Bank Of New York, TR U!A Dated December 1, 2002 (EQCC Trust 2001-2) ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS Gary Ruth vs. poticher poticher CIVIL DIVISION NO. ~~2311 CIVIL TERM PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES Plaintiff, by its Attorney, Federman and Phelan, LLP and 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 October 8, 2002 in the amount of 141,864.62. 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 (#1-03-01212 JJT) on March 4, 2003. Relief was Granted by order of court dated December 11, 2003. 3. The mortgaged premises are listed for Sheriff's Sale on June 9, 2004. 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. As a result, the amount of damages should now' read as follows: Principal Balance Interest Amount September 1, 2002 through June 9, 2004 Per Diem $37.08 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections MIP/PMI NSF Fees Suspense/Mise, Credits Appraisal/BPO Escrow Credit Deficit 125,710.97 24,068.83 221. 29 2,450.00 1,470.00 1,500,00 68.50 0,00 0.00 (22.08) 445.00 TOTAL 0.00 4,341.50 $160,253.56 5. Under the terms of the mortgage, which mortgage is recorded in the Office of the Recorder of Deeds in Book (#1729), Page (#2690), Plaintiff is entitled to judgement in the amount as set forth in paragraph four herein 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. FEDERMAN AND PHELAN, L,L,P, BY:~ S:&--"---.o> Daniel G. Schmieg, Esquire Attorney for Plaintiff -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 ATTOFillEY FOR PLAINTIFF The Bank Of New York, TR U/A Dated December 1, 2002 (EQCC Trust 2001-2) CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Gary Poticher Ruth Poticher CIVIL DIVISION OJ.., NO, ~-2311 CIVIL TERM BRIEP OP LAW IN SUPPORT OP PLAINTIPP'S MOTION TO REASSESS DAMAGES I. BACKGROUND OP 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 I 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 collat,eral, the subject premises. In the case sub iudicia, 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 betw.een 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 POR REASSESSMENT OP DAMAGES The Pennsylvania Rules of Civil Procedure are EJilent 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 o:E 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 Mortqaqe Corporation of the Southwest v, Good, 537 A,2d 22, 24 (pa,Super 1988) , In Chase Home Mortqaqe, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "... could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement,.," Id, at 24. Because a judgment in mortgage foreclosure is strictly in ~, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property, See Meco Reality Comoanv 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 competi ti ve bidding for the subj ect premises I Plaintiff would suffer irreparable harm in that it ~~uld 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 liabili ty, 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 indicate~d in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff I 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 jud~nent 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. WHERBFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. FEDERMAN AND PHELAN, L,]". P , BY:~ ~______ Daniel G. Schmieg, Esquire Attorney for Plaintiff . ~ ...--- I , . I ! I I - I I -. ~ j rep' . lilac;. I , ,---.. 1.:1 --l 3/-.5 ' ;\=-..........:...c..L~.: _ 1 -..:~:tl F::O_~'iAr..!fATrCNt\.!. 1-1cR.':'Gl"..G3 ASSOC!}\'Z'ION C:CU!7t7 0= CO!"'_~ON PLEF\S il'H~::-~.~~?!f!A CC~..Jtrty c!v:::!. 1'RIC, DIViSION tiS.. 'JOSE?:lIJe$"E'E1lSQtI anci ~-~d_s-!:~ -J2~:".E::.~SON" his (.;-.:fe fo!AY "!'-~R.""!_,' 1.9_81: i.r., NO. ,2359 ".''''';! OR~,E..1:ANO o!'r:;l!Ot~ ;,-arTS. _:;, AlIO NOt~ .t.'t!s -, t' day of upon cons!de;-a~':9'n 0: ?l~.:.n::if::', :e~c=al National i1c=~a.qC Msociation's Petition f::lr ~econside=a::i'on tiunc ,?rc 'l".J./lC cf. tl1i.sCourt.'s: O:-oe: 0= ~cvembQ= 7, 1985 a,~d ~~c Ans;.,e:- th.ctrG~o . - . of- -Oefe"nda..ttts # .)os~p~ .1efie=son a_nd ~cs i,~ ';eif~=$o~, i.t -is hereby ORDa..--o and D=:Ct~D as. for !Q\J'l; I !) Sai.d. !'t;:~~on is GRAN'!:::!l; . . 0"\"" _ . I ..' , ~l:\: . 21 ~J';~r<!'~!:"t's O:der of tlo',eme= 7, 19a5 1:- . d~l- :~f':::r~.~":;""". - ,- ~ -t' f RZ_Y'ESZD an -' al.nt:~.~.:~ ::) Mot.l.o~=or ReaS'sessracn ~ <) PantaGes t-$. ,,'{"" """" #o~';.,.~'<.I ~_ " ", ~ . ...l. \:.:.., . GlU.NTEO; ~ .' ("-;n."..,)" ~~,- .. J) .]u>.;g.~;t is n,,,rcli"y lnc=~"'Kd ::0 oo,l41.7\. . Be,caU$c "p l;l.i.41~i=f w~s rec.uir(~d to ac::cp-t Cu-t"':'C.n"t lIlOrtg~<1e l'aYIDe:\ts upon t.'le (urns of _Oefendan;:s' bank~ptc:y :pet.1ifolt-:":an4"1n fact -did' SOt L,t is neccssaty ::0 rcas"S'(!S5- !:ll~ z6iUcl't 'Qt" datt\agQ.s tha.~ initially ""e=E~ ~ss~ss~d ~ftc'r judq1lU:!nthy defa.ult "'as entered L, this .!:c::ion. Beca:.;sa Defeo'cants have p.ot ~e~ut;ed t..'\e spcci.fi:: ~=tcunts claimed - 1 - , ~ .. I ~ ,; 1 -.... r I / - I ".'\ tiy ?Ia.ittt!.~f- -in t..~e ~3~an,t ~o'~ion .Ecj= Re'as:sessmc::t~ this CCIU;>t fiz!d3 tJuoltp.:fcnd4nti h~ve adoJ;c::.,.<>d<;hese a_>>rtti.. ?~=.anlt to l'a" 3_C.P, l02'J(c). -v "'- TS:;: CO{;;R.'t: , .~,~~~ '1'!lOKAS ). . WHITe ,;r., ! i , '/1 1 I " , ,-- '. : . .-:. :.:- ... : 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 ReasBessment of Damages are true and correct to the best of his knowledge, information and belief, The undersigned understands that this statement herein is made subj ect to the penalties of 18 Pa, C.S, ~4904 relating to unsworn falsification to authorities. DATE: April 27, 2004 FE~ AND PHELAN, 1\ L. P, BY:~ ~~~I,,- -' Daniel G. Schmieg, Esquire Attorney for Plaintiff (') .T1;~~ n-"Ii" ()j r~ ~ .-,." . '- ~, '-, :>' ~:~l ~ " ~ = or- ~ :i! ~~ Eig 5!~ 9~ ~f ~ :l>o -0 ~ N \.0 ;po :r <:? .... 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 o ATTORNEY FOR PLAINTIFF The Bank Of New York, TR U/A Dated December 1, 2002 (EQCC Trust 2001-2) CUMBERLAND COUNTY COURT OF COMMON PLEAS vs, Gary Poticher Ruth Poticher CIVIL DIVISION O:l. NO, ~-2311 CIVIL TERM R!!!!! AND NOW, this ~ Ii day of r1177 , 2004, a Rule is entered upon Gary Poticher Ruth Poticher, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE this el.~. sf 2881. t..-3 ;IL, '). 2 0 cL?)5 cJ' .s~_h>(~~ BY THE COURT: ri- ft 'P~ r 'NN:id ..v\ ,~"JI\\I\S,.: '-:1j1:N\ Iv YJi~ (;.\<\":! '.,i:;.-'''"' }JNr\',:" ' I1UU?' 9- ~~" \ :2 \~d __ ' :10 9 add ::\\-IJ. IIO\\:O\-\\;;"J\?,\\:;\ )..tl';.. 3~)\:H'J u <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 ATTORNEY FOR PLAINTIFF The Bank Of New York, TR ViA Dated December 1, 2002 (EQCC Trust2001-2) CUMBERLAND COUNTY COURT OF COMMON PLEAS vs, Gary poticher Ruth poticher CIVIL DIVISION NO, 02-2311 CIVIL TERM CERTIFICATION OF SERVICE I, Daniel G, Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of June 7, 2004 and a copy of' Plaintiff's petition for Reassessment of Damages have been sent to the individuals indicated below on Mav 17, 2004, Gary poticher Ruth poticher 2006 Connie Drive, Enola, PA 17055 F~RMAN AND PHELAN, L, L , P By:~\lh >v-- ~--- Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: May 17, 2004 (') c ~;; ':-::;0 ,/' [/1 b~~ i", e-' ).:;~~ z =< ,...., = = .t- ::Jl: 7.:;... -< o ." ::;:l mIl -oFn :TIC? C)O ;:-t- ,-.,... (52:! ~:5~~ j;! Xl -< 00 ;tlo< ::!"-= 9 N N 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 ATTORNEY FOR PLAINTIFF The Bank Of New York, TR U/A Dated December 1, 2002 (EQCC Trust 2001-2) CUMBERLAND COUNTY COURT OF COMMON PLEAS vs, Gary Poticher Ruth Poticher CIVIL DIVISION NO, 02-2311 CIVIL TERM MOTION TO MAKE RULE ABSOLU'l~E Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. A petition for Reassessment of Damages was filed with the Court on April 29, 2004 and Rule was entered upon Defendant (s) Gary poticher Ruth Poticher on May 6, 2004 to show cause why the Order for Reassessment should not be entered. A true and correct copy of the Rule is attached hereto as Exhibit A, 3. The Rule to Show Cause was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of service is attached hereto B. 4, Defendant (s) failed to respond or otherwise plead to the Rule Returnable date of June 7, 2004 WHEREFORE, petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. By: 7-- :Lre VERIFICATION Daniel G. Schmieg I Esquire I 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 Motion to Make Rule Absolute 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, June 7, 2004 FED;!::?2:L']Y, ' By,,~hV Da iel G, Schmieg, Esqui, 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 The Bank Of New York, TR U/A Dated December 1, 2002 (EQCC Trust 2001-2) vs. Gary Poticher Ruth Poticher AND NOW, this /,~ day of ~ APR 3 0 2004 G" \.- ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION O:l.. NO, ~-2311 CIVIL TERM RULE upon Gary poticher Ruth Poticher, Defendant (s) to show cause why the attached I 2004, a Rule is entered ~ RULE RETURNABLE tRis ~'}".... sf Order for Reassessment of Damages should not be entered. "'("'1,1 ~ ..LV ~1~' BY THE COURT: / sl C) {1 !If p" (QV,. q I ! - (- " / r,n,!..... .... ... ." - ~ r'... ,. ~.. f'" c, 11 : __ -. _ . ,~........'~ ;"',.t"':~" i .., "'t:':'p.l~ l~:'~:"""'~"""{:>!J hi T;:'~~':'~'fj1- . , .~. ,.~ ........,.. .", ,-... lj :i'J..'J~"u.\~,]'r ';'j~'i ~ ,'-r" ...4 ft 2.::U U~ ~'., ".'_.' I ~.. "-' ~~~'V .,-~ .1V hana ~, ." ' ~' ..,":.J>L L-~ i -.,,~,,", .;.. ',lie (. ~ All ol -"'~.;,~y . ~," (;J h"PO',ma:S"'" ProttJrm ; 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 ATTORNEY FOR PLAINTIFF The Bank Of New York, TR U/A Dated December 1, 2002 (EQCC Trust2001-2) CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Gary Poticher Ruth Poticher CIVIL DIVISION ERilAAN AND PHE~ F~iTORNE'1 FILE 00f~ , ~~A~liW, Schm>eg, CERTIFICATION OF ltDitRMAflAN6:rpfiL TERM ATTORNEYFlLE~ SERVICE PLEASE RETURN Y Esquire, hereby cert,ify that a copy of the Rule Returnable Date of June 7, 2004 and a copy of Plaintiff's petition for Reassessment of Damages have been sent to the individuals indicated below on May 17, 2004, Gary poticher Ruth poticher 2006 Connie Drive, Enola, PA 17055 FEDERMAN A.ND PHElANpyo AlTORNEY FILE CO " PLEASE RETURN ~ AND PHELAN, L.L.P By: ',,-,,- ~SL-- Daniel G. Schmieg, Esquire Attorney for Plaintiff (') ...., C g s: .c- 'Utn :x rri rfi ):;;all Z:.r: ~_:;;r.:. -< ~':':';: CO ~O 2:2 c; :z> - ::1i: , >~ 0 ~ 2 .. " ~~~1:,~~~ u ~RETuRN /' ~ X.." m- r- :B? ~Q. I:rJ 00 2m o ~ ,:0 -< Date: May 17, 2004 ~m. Pl.EASE RETURN () "'0 0 e.::. C:J -," ~- '-- --1 :~I , i-'l - , ",'; \,lJ ~:~t --,-" \_.. r..:; < FEDERMAN fu~D P~ELfu~, LLP, by: Danie~ G. Sc~mie9, Esquire Atty, I,D, No, 62205 One .?e~n CeEter:- Plaza, Sui~e 1400 Philadelphia, FA 19:J2-:799 (215\ 563-700Q JUNi U LUU4 ATTORNEY FOR PLAINTIFF 'The Ea~k Decer;mer Jf New Y~rk, erR V/A ~ated 2002 \EQCC Trust2001-2 C'Jr.1BERLP.ND COL'l'TT'{ COURT OF COMMOti PLEAS 'IS. CIVIL DI'iIS=C)N Ga2:."Y Poticher Rt:th Poticher NO. 02-2311 C:VlL TERM ORDER .;~~JD N<>>i I Ll:~.~ ,- ia.::" 'JE " '1 , :00-1:, upon COllSlceration c:: t.l Plaintiff's l"1ot~on to Make Rule Absolute, it is hereby ORDERED and DECREED tha:::. the ~uLe entered u.pon Defendant (8) shal' be and 15 hereby mad:-:: ab~]olLlte and Plaintiff's p~titicn is GRfu~TED and it is :ur~her ORDERED tha:: the Prothonotary reassess the damages l::1 :.~is c:ase as ~ follo\.<ls: Principal Balance Interest Amount September 1, 2002 chrough June 9, 2004 Per Diem $37,08 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections MIP/PMI NSF Fees Suspense/Mise, Credits Appraisal/BFO Escrow Credit Deficit 125,710.97 24,068,83 22 J.. 29 2,450,00 1,470.00 1,-500.00 68,50 0.00 0,00 (22,08) 445,00 0,00 1,341. 50 TOTAL $160,253.56 plus interest per diem from June 9) 2004 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS AND COMMISSION ARE NOT A PAY OFF - SHERIFF'S SALE COSTS .m ':~j~~~;"C r;? l/ (, IE~;;lml 'i: 111 -!~ ! .. --. _._.. II , II r t ti, ~ f l iJ t ~ rf J,Q-1t-l ~ ~ 101:'k,S'1 ~ "">.> c.t. .' Jr.J <W'o.. So ''Pcf \ij;\!'/IYiAS)\;:..:.jd ,'l',!:,~,'!,'-",",', :,'1< :"'I'!"n" \',j'" I '. -'~I;~: IV ~ ?'t :8 Hd S I Nnr ~OOl AHvI0i\lOH1OOd 3HJ. .::10 3Jl~ji}{J311::l The Bank of New York, TR U/A Dated December 1, 2002 (EQCC Trust 2001-2) VS Gary Poticher and Ruth Poticher In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2002-2311 Civil Term ... R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman, Sheriff s Costs: Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Levy Mileage Postpone Sale Surcharge Law Journal Patriot News Share of Bills 30,00 16,29 15,00 15,00 1.00 15,00 19.32 20,00 30,00 330,50 309.43 29,26 $ 830.80 Sworn and subscribed to before me This 1'/2 day of _~ 2004,A.t:),-fJ' Q huj;Ju.~ Prothonotary ~~~~ . . R. Thomas Kline, Sheriff BY VbcL...\~ih Real E;~ Deputy \, tJO cft.. 41111 ~iOS.J)(.. THE BANK OF NEW YORK, TR VIA DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2). CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION GARY POTICHER RUTH POTICHER NO. 02-2311 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, 1) THE BANK OF NEW YORK, TR UIA DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2)., 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 ,2006 CONNIE DRIVE, ENOLA, PA 17055. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GARY POTICHER 2006 CONNIE DRIVE ENOLA, PA 17055 RUTH POTICHER 2006 CONNIE DRIVE ENOLA, P A 17055 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) CTCB COORDINATOR-RYE TOWNSHIP 2301 N. 3RD STREET HARRISBURG, PA 17110 AQUA SPECIALISTS, INC. P.O. BOX 123, 160 SILVER SPRING RD. MECHANICSBURG, PA 17055 TOTAL HEATING & COOLING, INC. 7032 BATES ROAD ANNVILLE, P A 17003 4. Name and address ofJast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 2006 CONNlE DRIVE ENOLA, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 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 ofI8 Pa. C.s. Sec. 4904 relating to unsworn falsification to authorities. Januarv 13. 2004 DATE J.fI..."J( ~ FRANK. FEDERMAN, ESQUIRE Attorney for Plaintiff THE BANK OF NEW YORK, TR U/A DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2). Plaintiff, CUMBERLAND COUNTY No. 02-2311 CIVIL TERM v. GARY POTICHER RUTH POTICHER Dcfcndant(s). January 13, 2004 TO: GARY POTICHER 2006 CONNIE DRIVE ENOLA, PA 17055 RUTH POTICHER 2006 CONNIE DRIVE ENOLA, PA 17055 **mIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND mIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at. 2006 CONNIE DRIVE. ENOLA. PA 17055. is scheduled to be sold at the Sheriffs Sale on JUNE 9.2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 1 7013, to enforce the court judgment of$141.864.62 obtained by m BANK OF NEW YORK. TR U/A DATED DECEMBER 1. 2002 (EQCC TRUST 2001-2). (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 3l29.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on 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. L 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 (7l 7) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALl, THAT CERTAIN p~ or plIrcel of land situale in Hampdeu TOWlIBbip, Cumberland County, PllfIIll!ylvllllia. boWJdcd IlIIll deserlbed as follows: BEGINNING at a point un the Northl:m lJne of MM;haele Drlve, sald poiOl being located aDd rcfcrcnt.cd South 81 degrees 30 minutes West, 'Z25,OO ft!et trom d1e Northwest 00l1lel of the imersection of Michaele 8IId DawlI Drives; t:bencc alone the NIll1hcrn line of Mic~1e Drive South 81 degrees SO miDuta West, 82.82:feet 10 the point where d1e Northern Ilne of Mlchaele Drive inte.rseets the I?uu9n line of COIlllie Drive; thence aloog tbe Eastern line of said Connie Drive North 29 degrees 30 mJnuIes WI!$I, 181,46 feet totfJe Southemline ofa 5.00 feettigbt of way; tbeoce along saIlI rJgIlt of way Nomt 81 degrm 30 minutes East. 1.50,00 ~ II) tile Northwest comer of un No. 20j Illcncc: along * WeslC1'll liDe: of salll Lot No. 20 So1lth 08 degrees 30 lllinutes East, 115,0 feet to II poiDt 00 die NllI'them line of MIIlIme!e Drive, the place of BEGINNING. imiNO LoI Nb. 21 (erroneoDBly state 1.0& 21 and 22 in pdor deed) on pIJln of lots of property of Max L. McCombs and &tcr McCombs rccotdeclln Plan Book 7, Page 19. HAVING TIiEREON ERECTED a dwelling koown and llUlllbemlas 2006 COmtie Drive, Boola. PCIUls)'lv8llill1702S. UNDER. AND SUBJECT, N6VERTH6LESS to all resnicoons, rcservatlons. COlldiliolls. cuvenantS. eallClI1Cllts lIII.d riglit rJf way rJf prior m;ord. TITLE TO SAID PREMlSF3 IS VESTED IN GaIy Policl1er and Ruth l'oticher, his wife by Dl:c:d from Debra L. Btt:wbakcr. singl.e pc::rson dated 8/112001 and reconIe4 S/21WOl in Reco.n1 Hoole 247 Page 3706. PROPERTY ADDRESS: 2006 CONNIE DRIVE, ENOLA, PA 17055 TAX MAP: 04-0842, PARCEL 022A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, TR UlA DATED NO 02-2311 Civil CIVIL ACTION - LAW DECEMBER 1, 2002 (EQCC TRUST 2001-2), Plaintiff (s) From GARY POTICHER AND RUTH POTICHER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If 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 himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $141,864.62 1.1. Interest FROM 6/9/04 (PER DIEM - $23.32) - $14,225.20 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $911.12 Other Costs Plaintiff Paid Date: JANUARY 15, 2004 CURTIS R. LONG (Seal) Prothonot~ 'fu': .k}11::1~ 11 . P . /fOZq.... yo ~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale #13 On February 25,2004 the sherifflevied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, P A Known and numbered as 2006 Connie Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 25,2004 By: J, c01,jvvui- ~ Real Estafe Deputy '!{," , ~ ~I (~} CVV CViJ t=::::l ~ GVil :..; - . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin I ss Michael Morrow, being duly sworn according to law, deposes and says: That he is lhe Conlroller of The Patriot News Co., a corporalion 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~ Sundav 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 andlor Sundayl Metro editions which appeared on the 27th day(s) of April and the 4th and 11th day(s) of May 2004. 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 resoiution 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 DaUPhtjiihin in Miscellaneous Book "M", Volume 14, Page 317. ,/ . / PUBLICATION .................. ........./... ............................................................... COpy Sworn to and subsc b befOf?e m is 28th day ~Ma 04 A.D. SALE #13 ,. ~ REAL 18'1'ATl! 8111J1 No. 18 Terry L~:rN~ Public C ~ Writ No.2llllH311 Oly of Harrisburg. Dauphin County AAY PUBLIC Cl.u1lilMl M Com 'sslon Explres June 6 2006 ,.......::'jIDlIl,TR V ml 'My commission expires June 6 2006 I uti 0IItd Ou 11I<<1," Membe(,Ptnnsylv.nl.AuoclaliortoINotlrlu f (EOCCn:' lIIJ01-2j CUMBERLAND COUNTY SHERIFFS OFFICE GIllY I'IilIdWl tllld CUMBERLAND COUNTY COUfl1'}j()lJSE FhlIhN_ I Au,. I'rIlIlcI'.d._ CARLISLE, PA. 17013 Desc.ilIPT1ON 1mI~~~~'9i-'~ C-Y,~bolmiIoIilIlf.~.. f_ .... 8I!OIIOONO Ill, poiIIlJOlbe ~'... <I .....llri.., aaiI paial ileiIJ \Ix:lW aod ~_Bt.......3lI.....lIat; 22S.00faol fmm lbe ~ """" '" lbe iIIInoIliaotofllli:llaol...d_nmn.:_ ....lbe 'Natborn 11Io '"*-It!lri)oW 11....... JO _"Mot. aua,""_1be lIIii ....lbe NcIIbem lille of Mldlde t)m *-1be1!utm...<lCooIiliDrhe; _ .......-W"'...... o...~ 0.;.. Nocdl 9.......3lI_lIlIt, 117M liot lolbe ..... <II 5.00 !bet .....Wl!1; _ ... . aaIoIrialIHi""IY NlIIlh 81 ....... JO _1laIl,150.00footlolbeNilIfJwoat_ Lor No. 20; _ aIcaIIlbe""""""....of dLor No. 111_01""'" JO_ "I75.o(eolIo' OIIlbelilxlbem...of ~.- ~~Z1 I. f....,.. . ~1"N',.. .... ;'~~~r'-\'~ ""_7."""19.., " :^;a;~~.~ .stitimcr. I 1i1t,: 1 J .~..tQ1I . .rfc',~I!,.,' '. __I ...l'oIld!ir,liari'e,bf; .', l.~alqIe ;. 'llIiI_ BIlI7ml laei, ' .-'-~ Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or pUblication attached hereto on the above stated dates Total $ 309.43 Publisher's Receipt for Advertising Cost s Co., publisher ot The Patriot-News and The Sunday Patriot-News. newspapers at general Nledge receipt of the aforesaid notice and publication costs and cerlifies that the same have By.................................................................... r '''v- ~I;II;YbI1"""" ",VU", ". -e''''' -~ 225.00 teet, from th.e Yor':iwesl, cOT'Oer Of l.he. intersecLon of Michaele and Dawn Drives; thence alan!!. th: Northern hne of Michaele Drive South 81 degree, 30 minutes West, 82.82 feet to 1M {Ioint where the Northem line of Michaele Drive inteT'iCC1S the Eastern line of Connie Drive; thence along the Eaf,tem line of said Connie Drive North 2q degrees 30 rninulesWe~l, 187.45 feet to the Southern line of a 5.00 feet right-at.way; thence along ~al.d right-of.way North 81 degrees 30 mit1ute~ East. 150.00 feet to the Northwest comef of Lot No. 20~ thence along the Western line of said Lot No. ~O South OR degrees 30 minutes Elliot 175.0 feet to a point on the Northern line of Michae]~ Drive, the place of BEGINNING. BEING Lot No. 21 (erron-eously state Lot 21 and 22 in prior deed) on plan of lots of propertY of Max L McCombs and Ester McCombs recorded in Plan Book 7,~~e 19. HAVING TIlBREON erected a dwelling known and numbered as 2006 Connie Drive. Enola, Pennsylvania ?{I.25. UNDER AND SU>>JECT. nevertheless, to all restrictions, reservations, conditions, covenants, easements and right-of-way of prior record. TITI.E TO SAID premises is vested in Gary Poticher and Ruth Poucher, his wife, by Deed from Debra L. Brewbaker, single person, dated 8/1/2001 and recorded 8I2J2001 in Record Book 241 Pa(!;e 3706. PROPERTY address: 2006 Connie Ddve, Enola,PA 17055. TAX MAP: 04.0842: PAR-CEL 022A. publisher's Receipt for Advertising Cost s Co., publisher 0\ The Patriot-News and The Sunda'l Patriot Nledge receipt of the aforesaid notice and publication costs a By................ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 ST ATE OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor ofthe Cumberland Law Joumal, 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: APRIL 16,23,30,2004 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. 13 '}2?co~ Edit" Wlit No. 2002-2311 CMI The Bank of New York, TR u/a Dated December 1, 2002 (EgCC Trust 2001-2) vs. Gary Poticher and Ruth Poticher Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in Hampden 'township, Cumberland County, Pennsylvania. bounded and de. scribed as follows: BEGINNING at a point on the Northern line of Michaele Drtve. said point being located and referenced South 81 degrees 30 minutes West, 225.00 feet from the Northwest cor- ner of the intersection of Michaele and Dawn Drives; thence along the Northern line of Michaele Drive South 81 degrees 30 minutes West, 82.82 feet to the point where the Northern line of Michaele Drive in- tersects the Eastern line of Connie DIive; thence along the Eastern line of said Connie Drive North 29 de- grees 30 minutes West. 187.45 feet to tile Southern line of a 5.00 feet light of way; thence along said light of way North 81 degrees 30 mln- SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 ~~~J.J.. . J4Z-lr'1N }l' otoP.r NOTARrAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 "",,~'.~:'>'.'. ,....,.,.A""'~#__, (EgCC Trust 2001-2) ys. Gary poticher and Ruth Poticher Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and de- scr:lbect as follows: BEGINNING at a point on the Northern line of Michaele Drive, said point being located and referenced South 81 degrees 30 minutes West, 225.00 feet from the Northwest cor- ner of the intersection of Michaele and Dawn Drives; thence along the Northern line of MJchaele DrJve South 81 degrees 30 minutes West, 82.82 feet to the point where the Northern line of Michaele Drtve In- tersects the Eastern line of Connie Drive; thence along the Eastern line of said Connie Drive North 29 de- grees 30 minutes West, 187.45 feet to the Southern line of a 5.00 feet right of way; thence along sald right of way North 81 degrees 30 min- utes East. 150.00 feet to the North- west corner of Lot No. 20; thence along the Western line of said Lot No. 20 South 08 degrees 30 mJn- utes East, 175.0 feet to a point on the Northern line of Mlchaele Drive. the place of BEGINNING. BEING Lot No. 21 (erroneously state Lot 21 and 22 in prior deed) on plan of lots of property of Max L. McCombs and Ester McCombs re- corded in Plan Book 7, Page 19. HAVING TIiEREON ERECTED a dwelling known and numbered as 2006 Connie Drive. Enola. Pennsyl- vania 17025. UNDER AND SUBJECT. NEVER- THELESS to all restrictions. reserva- tions, conditions. covenants, ease- ments and right of way of prior record. TITLE TO SAID PREMISES IS VESTED IN Gary PoUcher and Ruth PoUcher. his wife by Deed from Debra L, Brewbaker. Single person dated 8/1/2001 and recorded 8/2/ 2001 in Record Book 247 Page 3706. PROPERTY ADDRESS: 2006 Connie Drive, Enola. PA 17055. TAX MAP: 04-0842. PARCEL 022A. SWORN TO AND SUBSCRIBED befofl 30 day of APRIL 2004 r J!;u.~~/J. . ')M~dp Jb~~L SE:L~' &~ . LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberiand County My Commission Expires March 5, 2005 ~. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 THE BANK OF NEW YORK, TR UIA DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2) Plaintiff, v. No. 02-2311 CIVIL GARY POTlCHER RUTH POTlCHER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due ~\oy \Q Interest from to JUNE 8, 2005 (per diem -$23.32) $141,864.62 $22,713.68 and Costs TOTAL $164,578.30 a/~ DANIEL G. SCHMIEG, ESQU~ One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ~~ O~ rJ1~ <.... ~~ ~z ~z ~~ ~ . O~ uZ ~';;i 00 ...u ,,~ ';;i~ Sea ~~ ...~ ~';;i u cf'o c::) (;J (0 I 1.).: .'- l- t.<- () .-,.,,," .'<~ ~:,.; .- U'-:~ ('::';) ,;':,:..' c-' ... rJ1 ~~ ';;i... "u ...u ~g OM ...g,-. ~ 1'1. ~ ~........ z"g ~~M O~ ~~ ~u CQ~ ~~ ...~ ~ ~ --+'ff^ d:~ ~ '- ~ ~ .jJ - 0- I O~ () '" () () lI)...j.....g --\'<)-- ~ ~ ~ ~" ==~ Uu ........ ...... 00 ~~ ~== <... ,,~ ~ .... ... ';l u ~e ~ ::l '" ~3 0'" ... ... .. ~~ ~~ " OS O~ ~ ~ ~6 ~ u ~ ~ .. - :: ':: ~ .:::. ~ ..::: I I ::t- ;::J Q ~ (l J 0 M<:;;;;t..,() 0 0'0 :i- 6:;i&~\-1~ ~ !"'<) "" ............... J:::oo~ "'''' ",VI QQ .......... ........ << =-=- << ........ 00 ZZ ~~ ..s1A ~~ ~~ == ZZ ZZ 00 uu gg MM .;; " - .~ .... on en " .!c3 "" < '- o rl. 0"'. l') ~ -- <l Q -- \7r 'Z-. "-... -ti " 'i: " en " ~ g en "" " go p. l:!. ~ ~ t- ...j - - :r- 11 c:J 1 ~ ~ ~ \.1J \ t",C\.J -- ~ -- -& r:L -- - ~ d . . LEGAL DESCRIPTION ALl, THAT CERTAIN piece or parcel of land siruale in Hampden Township, Cumbt:rland County, Pt:om.ylvania, boWllleoJ and des<:ribeoJ as fol!()ws: BEGINNING at a point on the Nonhem line of Michaele Drive, said point being located and referenced SoUlb 81 degrees 30 minutes West, 225.00 feet from the Northwest corner of the intersection of Michaele llJld Dawn Drives; thence along the Northern line of Mi~haele Drive South 81 degrees 30 minutes West.. 82.82 feel to the point where !he Nortitem line of Michaele Drive intersects the Eastern line of Co1lllie Drive; thence along tile ~tern line of said Connie Drive North 29 degrees 30 minutes West, 187.45 feet \j) the Southern line of a 5.00 feet right of way; thence along said right of way North 81 degn:es 30 minutes East, 150.00 feet to tile Northwest corner of Lot No. 20; thence along the Western line of said Lot No. 20 South 08 degrees 30 minutes East, 175.0 feet to a p<>iut (10 the Northern line of Micbaele Drive, the place of BEGINNING. EllING Lot No. 21 (erroneoUJlI~' state Lot 21 and 2.2 in prior deed) on plan of lots of property of Max L. McCombs and Ester McCombs recorded in Plan Book 'J, Page 19. TITLE TO SAID PREMISES IS VF-nED IN Gary Potichcr and Ruth Poticl1er, hili wife by Deedfrom Debra L. Brewbaker. single person dated 8111200 1 and rI.'"Corded 8/21200 1 in Record Bo()1i:: 247 Page 3706. TAX PARCEL # 022A TAX MAP # 14-0842 PREMISES BEING: 2006 CONNIE DRIVE, ENOLA, PAl 7055 WRlT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 02-2311 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, TR UIA DATED 1211102 (EQCC TRUST 2001-2), PlaintiCf (5) From GARY POTICHER AND RUTH PonCHER (I) You are directed to levy upon the property of the deCendant (s)and to sell SEE LEGAL DESCRlPTION (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 himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $141,864.62 L.L. Interest FROM 1018/02 TO 6/8/05 (PER DIEM - $23.32) - $22,713.68 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid St 765.92 Other Costs Plaintiff Paid Date: MARCH 8, 2005 (Seal) CURTIS R. LONG Protho~ p ~ "-lh' 0, 0 ~ . C/2/u1., / Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK, TR UIA DATED DECEMBER 1,2002 (EQCC TRUST 2001-2) CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION GARY POTICHER RUTH POTICHER NO. 02-2311 CIVIL Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, 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 unsworn falsification to authorities. '/ DANIEL G. CHMIEG, ES Attorney for Plaintiff ,...-:> C'~ c:? ~1 ~':7, -',," ~~,'~ :;:1 \ C) c' ",r;".J - --- UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: GARY L. POTICHER RUTH INEZ POTICHER CHAPTER 13 CASE NO.: 1-04-bk-03509 Debtor(s) ORDER DISMISSING CASE At, Harrisburg, in said district, Upon consideration of the Motion of Trustee and it having been determined after notice and hearing that the case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. BY THE COURT, !1~~~~J- Date: January 25,2005 This electronic order is signed andfiled on the same date. . "'-THE BANK OF NEW YORK, TR UIA DATED DECEMBER 1,2002 (EQCC TRUST 2001-2) CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION GARY POTICHER RUTH POTICHER NO. 02-2311 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) THE BANK OF NEW YORK, TR UIA DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2), Plaintiff in the above action, by its attorney, DANlEL G. SCHMIEG, 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 ,2006 CONNIE DRIVE, ENOLA. P A 17055 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GARY POTlCHER 2006 CONNIE DRIVE ENOLA, PA 17055 RUTH POTICHER 2006 CONNIE DRIVE ENOL A, PA 17055 2. Name and address ofDefendant(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) AQUA SPECIALISTS, INC. P.O BOX 123 160 SILVER SPRING ROAD MECHANICSBURG, PA 17055 CTCB COORDINATOR-RYE TOWNSHIP 2301 NORTH 3RD STREET HARRISBURG. PA 17110 " TOTAL HEATING & COOLING, INC. '". 7032 BATES ROAD ANNVILLE. P A 17003 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) None 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 2006 CONNIE DRIVE ENOLA, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofI8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 3. 2005 DATE DANIEL G. SCHMIEG, ES Attorney for Plaintiff .-.,,~~ ~E} \ co C) -'n --\ ~-r \';:\ C'" t."':) . ~,. THE BANK OF NEW YORK, TR UIA DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2) Plaintiff, CUMBERLAND COUNTY No. 02-2311 CIVIL v. GARY POTICHER RUTH POTICHER Defendant(s). March 3, 2005 TO: GARY POTICHER 2006 CONNIE DRIVE ENOLA, PA 17055 RUTH POTICHER 2006 CONNIE DRIVE ENOLA, PA 17055 "THlS 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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at , 2006 CONNIE DRIVE, ENOLA. P A 17055. is scheduled to be sold at the Sheriffs Sale on JUNE 8. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $141.864.62 obtained by THE BANK OF NEW YORK, TR UIA DATED DECEMBER 1. 2002 fEOCC TRUST 2001-2) (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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on 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 Sheriff's 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 wiIl be filed by the Sheriff within 30 days of the sale. This schedule will state who wiIl be receiving that money. The money wiIl 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a reoresentative of the olaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 . ..-. LEGAL DESCRIPTION ALl, THAT CERTAIN piece or parcel of land situate in Hampden To",nship, Cumberland County, Pt:n.w.'Ylvania. ooWldt:d and III:s<:ribt:d as follows; BEGINNING at a point on the Northern line of Michaele Drive, said point being located and referenced Soutb 81 degrees 30 minutes West. 225,00 fm from the Northwest wrner of tbe im<<section of Micbaele and Dawn Drives; thence along the Northern line of Micb<lele Drive South 81 degrees 30 minutes West, 82.82 feet 10 the poi.u1 whl:re the Noribem line of Michael" Dnve intersects the Eastern line of Connie Drive; thence along lite 6a.s1ern line of said Connie Drive North 29 degrees 30 minutes We9t, 187.45 feet to the Southern line of a 5.00 feet right of way; theOOl along said right of \\'ay North 81 degrees 30 minule!> East, 150.00 feet 10 lhe Northwest corner of 'Ull No. 20; thence along the Western line of said Ull No. 20 Soulh 08 degrees 30 minutes East, 175.0 feet to a point on the Northern line of Michaele Drive, the place of BEGINNING 8BlNG Lot No. 21 (erroneous I)! state Lot 21 and 22 in prior deed) on plan of lots of property of Max L. McCombs and Esler McCombs recorded in Plan Book 7, Page 19. TITLE TO SAID PREMISES IS VESTED IN Gary Potichcr and Rutb Poticher, bis wife by Deed from Debra L. Brewbaker, single person dated 8/ l/200 1 and recorded 8/2/200 1 in Record Book: 247 Page 3706. TAX PARCEL # 022A TAX MAP # 14-0842 PREMISES BEING: 2006 CONNIE DRIVE, ENOLA, PAl 7055 r--} 0;:::.') '-".j ~'S~ ';.{1 ::[!~. ::;1 ";:: ~,~ ..."""./ 1 CO (";0 co - The Bank of New York et al VS Gary Poticher and Ruth Poticher In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-231 I Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this it is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Poundage Levy Law Library Prothonotary Surcharge 30.00 1.52 15.00 1.00 30.00 $ 77.52 Sworn and subscribed to before me r~~ This.""ZL day of'1YJ-, ",,1_ _. ~ R. ThO. mas Kline, Sheriff 2005, A.D.t. t". .~.. . ;.J )vvu1:L ~ BY,~ Dc.u..{ _ "\ rothonotary Real Estate Deputy ./ J. I' JJtj )., ",' jl'1 / c,.. \\}..O 'j; ~I~ f '" THE BANK OF NEW YORK, TR utA DATED DECEMBER 1,2002 (EQCC TRUST 2001-2) CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLE S v. CIVIL DIVISION GARY POTICHER RUTH POTICHER NO. 02-2311 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) THE BANK OF NEW YORK TR U/A DATED DECEMBER 1 2002 E CC TRU T 2001-2 , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets fo as of the date the Praecipe for the Writ of Execution was filed the following information concerning th real property located at ,2006 CONNIE DRIVE. ENOLA, P A 17055 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot b reasonably ascertained, please indicate) GARY POTICHER 2006 CONNIE DRIVE ENOLA, PA 17055 RUTH POnCHER 2006 CONNIE DRIVE ENOLA, PA 17055 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 'en on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AOUA SPECIALISTS, INC. P.O BOX 123 160 SILVER SPRING ROAD MECHANICSBURG, PA 17055 CTCB COORDINATOR-RYE TOWNSHIP 2301 NORTH 3RD STREET HARRISBURG, PA 17110 . ... TOT AL HEATING & COOLING. INC. 7032 BATES ROAD ANNVILLE. P A 17003 4. Name and address ofIast recorded holder of eV'ery mortgage of record: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property a whose interest may be affected by the sale. Name Last Known Address (if address cannot e 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 e reasonably ascertained, please indicate) Tenant/Occupant 2006 CONNIE DRIVE ENOLA, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of knowledge or information and belief. I understand that false statements herein are made penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. y personal bject to the March 3, 2005 DATE DANIEL G. SCHMIEG, ES Attorney for Plaintiff E i THE BANK OF NEW YORK, TR UtA DATED DECEMBER 1, 2002 (EQCC TRUST 2001-2) Plaintiff, CUMBERLAND COUNTY No. 02-2311 CIVIL v. GARY POnCHER RUTH POTICHER Defendant(s). March 3, 2005 TO: GARY POTlCHER 2006 CONNIE DRIVE ENOLA, PA 17055 RUTH POTlCHER 2006 CONNIE DRIVE ENOLA, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO MAT/ON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREViOUSLY RECEiVED A DISCH RGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS is NOT AND SHOULD NOT BE CON 'RUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY * Your house (real estate) at , 2006 CONNIE DRIVE. ENOLA. P A 17055. is sche uled to be sold at the Sheriffs Sale on JUNE 8.2005 at 10:00 a.m. in the Cumberland County Court ouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $141.864.62 obtaine by THE BANK OF NEW YORK TR utA DATED DECEMBER 1 2002 E CC TRUST 200 -2 (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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: l. The sale will be cancelled if you pay to the mortgagee the back payments, I e charges, costs and reasonable attorney's fees due. To find out how much you must p y, you may call: (215) 563-7000. 2. You may be ablc to stop the sale by filing a petition asking the Court to strik or open the judgment, if the judgment was improperly entered. You may also ask the C urt 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 tour rights. The sooner you contact one, the ore 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 0 HER 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 bi er. 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 rossly 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 the sale. To find out if this has happened, you may call (7l 7) 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 e Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedi gs to evict you. 6. You may be entitled to a share of the money which was paid for your house. A chedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of e sale. This schedule will state who will be receiving that money. The money will be paid out in accor ance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed ith 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 bac ,if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO OT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFIC LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma ot be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale mu t be postponed or stayed in the event that a representative of the plaintiff is not present t the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL ClJMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 , LEGAL DESCRIPTION AU, THAT CERTAIN piece O( pareel of land sitnllle in Hampden Township, CwnberJ ~'YJvania, bolllliled llIld described as follows: BEGINNING at a point on the Nonhero line of Michaele Drive, said point being located and Soutb 81 degrees 30 minutes West, 225.00 feet from the Northwest wrnllf of the Michaele and Dawn Drives; thence aloIl!l the Northern line of MichaeJe Drive South 81 grees 30 minutes We1It, 82.82 feet to the point wl1l:re the Nurthem line of Mlchaele Drive ioterlleCts th Eastern line of Connie Drive; thence along the Eastern line of said Connie Drive North 29 degrees 3 minutes Wesl, 187.4.5 feet to the Southern line of a 5.00 feet rigbt of way; thence along said right of Y North 81 degnxs 30 miul1tes wt, 150.00 feet 10 the Northwest corner oflol No. 20; thence ong the Western line of said Lot No. 20 South 08 degrees 30 mioutcs East, 175.0 kct to a po' on the Northern line of Michaele Drive, the place of BEGINNING. BEING Lot No. :21 {erroneo1J3!)' stare Lot 21 and 22 in prior deed) on pllUl of lots of properry of Max 1. McCombs and Ester McCombs recorded in Plan Book 7, Page 19. TITLE TO SAm PREMISES IS VESTED IN Gary Poticher and Ruth Poticber, his wife b Deed from Debra 1. Brewbaker. single penon dated 811/2001 and recorded 8f212001ln Record ok: 247 Page 3106. TAX PARCEL # 022A TAX MAP # 14-0842 PREMISES BEING: 2006 CONNIE DRIVE, ENOLA, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-2311 Civil CIVIL ACTION - L TO THE SHERIFF OF CUMBERLAND COuNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, TR U/ A DATED 1 1102 (EQCC TRUST 2001-2), Plaintiff (s) From GARY POTICHER AND RUTH POTICHER (I ) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined om paying any debt to or for the account of the defendant (s) and from delivering any property of the defe dant (s) or otherwise disposing thereof; (3) If property of tlie 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 s a garnishee and is enjoined as above stated. Amount Due $141,864.62 L.L. Interest FROM 10/8/02 TO 618/05 (PER DIEM - $23.32) - $22,713.68 AND COSTS Atty's Comm % Atty Paid $1765.92 Plaintiff Paid Date: MARCH 8, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-18t4 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #42 On March 10, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 2006 Connie Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein, Date: March 10,2005 By:)O ~ Jmz~ Real Estate Deputy C-J C\N c::u;] c:::::::J GV GW I E :b 't;f b - ~VH ~OOl Vd 'AlhilU,,; U'I~' .'i(,.."U>:il:',; .:I.:111J3HS 3H1 .:lO 3JI.:l.:JO