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HomeMy WebLinkAbout02-2577FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff V. RONALD L. WOLFE 928 GOODYEAR ROAD GARDNERS, PA 17324 Defendant(s) TERM ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. OZ. - 4S77 CUMBERLAND COUNTY Ci06(,r- -,. "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. •" You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan N: 0104169164 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: AURORA LOAN SERVICES 6015 TH AVENUE SCOTTSBLUFF, NE 69361 3. The name(s) and last known address(es) of the Defendant(s) are: RONALD L. WOLFE 928 GOODYEAR ROAD GARDNERS, PA 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described 4. On 2/21/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1596, Page 904. By Assignment of Mortgage recorded 2/23/00 the mortgage was assigned to NATIONAL CITY MORTGAGE which Assignment is recorded in Assignment of Mortgage Book No. 638, Page 604. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 5. The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 2/1/02 and each month thereafter are due and unpaid, and by the terns of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $78,201.20 Interest 2,385.10 1/1/02 through 5/1/02 (Per Diem $19.55) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 2/21/00 to 5/1/02 Cost of Suit and Title Search 550 00 Subtotal $82,386.30 Escrow Credit 0.00 Deficit 1,30o n Subtotal $1,3,00 23. TOTAL $83,686.53 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $83,686.53, together with interest from 5/1/02 at the rate of $19.55 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. F ERMAN AND PH L , L By: FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff rAC4 arveatr Xemra TOUNNAft Cum as canaki iWaPINVOW O77C7d1 sr asmaV d of sM saW tAaA r we a /. rC NaOAN" aarw CAliwh /load a 7kL*MAOV Heat aft or cower of klbks famwryy of VaMa centvrffnv of sahr ; rrwv uaRror wim WINO mwnjmNowtYFO ummnm rfreroan VAy In soa?di 7btvmo*4p ear pwary hr arok4man V COUMM PWMr#*w*A, bounded and dvwve bezr in wroroanee rY M~V lbr MR EW ft bi VMF SOWN by Jo" A. iNNla'aM, OVW- dytvd SMP=Mbw 5, 1 *07. as AuAewor o Maitnas arpaa+v Awe " errs caetnr ar the Weis Rove (? fd Ift naw er?q y of'3awit Matt vwmo by dam "awanap 4 &our* 75 4 d acM&U MW 10 wends firer ISO. 70 fear r mm a rsg/o?admpma a= paa Oj rraeaMn or Ow oan ar of My ftry y Road fl-+434,4 rharrcw ADM the 000"A I UP of My saA> 8 ?D/aCl Sa'Pditifs &* SANWA* Wil'r soup mm po a Pmr y QavfJ< sn 4f lfty isft X. ?V? tdiener by Ama* new ar W9f' an ba pin 4c' 9QOp fMC ft M aba 'ay' Ab04 NO-j" a& duw? 48 mavg tad 3b aeoc4a tl wart PREMISES ON: 928 GOOD YEAR ROAD VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa C. S. Sec. 4904 relating to unworn falsification to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: S- 22'?Z x C? 4 40 r c> `' d h Q? 4 lii Tj 'L.: A 11.1 v ^' lA_ AI u v U SHERIFF'S RETURN - REGULAR CASE NO: 2002-02577 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS WOLFE RONALD L DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WOLFE RONALD L the DEFENDANT at 1844:00 HOURS, on the 30th day of May 2002 at 928 GOODYEAR ROAD GARDNERS, PA 17324 by handing to JEFFREY WOLFE, SON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this /D 4e- day of ?lYO.L A. D. -T othonotary So Answers: R. Thomas Kline 05/31/2002 FEDERMAN & PHELAN By: ? Y-- Deputy Sheriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY 8201 GREENSBORO DRIVE, SUITE 350 COURT OF COMMON PLEAS MCLEAN, VA 22102 V. Plaintiff, CIVIL DIVISION NO. 02-2577 RONALD L. WOLFE 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 RONALD L. WOLFE, 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 10/16/02 TOTAL $83,686.53 $3,284.40 $86,970.93 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ti I ANK FE RMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE: 02A ? a 66 PRO PROTHY FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Attorney for Plaintiff 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (')is)arz-7nnn MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. RONALD L. WOI FE Defendant(s), COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY NO. 02-2577 TO: RONALD L. WOLFE 928 GOODYEAR ROAD GARDNERS, PA 17324 DATE OF NOTICE: OCTOBER 3. 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 .10, 4? WY ORAkm Frank Federman, Esquire Attorney for Plaintiff rnr ? p Ir FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 V. Plaintiff, RONALD L. WOLFE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-2577 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant RONALD L. WOLFE is over 18 years of age and resides at, 928 GOODYEAR ROAD, GARDNERS, PA 17324. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. IF-RANK FE ERMAN, ESQUIRE ttorney for laintiff C?J ?-' _ ' ? .a i :; c- i?!? .? ? (S ?? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. No. 02-2577 RONALD L. WOLFE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $86,970.93 Interest from 10/17/02 to3/5/03 $2,002.00 and Costs (per diem -$14.30) TOTAL $88,972.93 FRANK 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. O? U az z? c W aw oz ?' cc w z ?o pC A C7 O F rA a ? x ? F W w U w 3 a O W4 z 0 F U Wy w o o; Fo w a U 4 w J IT N M r a d 0 00 a ti b d 4J a S (` M V ?I ALL THAT CERTAIN tract of land with the buildines and improvements thereon erected situate primarily in South Middleton Township and partly in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Property Survey for the Eva Nk Starner Estate by John R. Williams, Professional Land Surveyor, dated September 5, 1987, as follows: BEGINNING at a railroad spike (set) in the center of the Uriah Road (L. R. 21030) at comer of lands now or formerly of Gary R. Beam; thence by the centerline of the said Uriah Road, South 76 degrees 30 minutes 10 seconds East 155.70 feet to;a P.K. Nail replaced with a railroad spike at the intersection of the centerline of the said Uriah Road and Torway Road (T-534); thence by the centerline of the said Torway Road, and South 18 degrees 52 minutes 24 seconds West 90.45 feet to a point at comer of lands now or formerly of Verdella S. Davis; thence by lands now or formerly of Verdella S. Davis and through an iron pin set 20.00 feet from the cenrerline of said Torway Road, North 88 degrees 49 minutes 30 seconds West 152.65 feet to a pipe; thence by lands now or formerly of Gary R. Beam, North 14 degrees 23 minutes 18 seconds East 122.64 feet to a railroad spike (set), the place of beainnine. TITLE TO SAID PREMISES IS VESTED IN Ronald L. Wolfe, married individual by Deed from Eugene M. Hays and Stephyne J. Hays, his wife dated 2/21/2000 and recorded 2/23/2000 in Record Book 216, Page 490. BEING: 928 GOODYEAR ROAD, GARDNERS, PA 17324 TAX PARCEL: 940-43-2759-005 n C:D r ? rni-, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. RONALD L. WOLFE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-2577 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,928 GOODYEAR ROAD, GARDNERS PA 17324 1. Name and address of Owner(s) or reputed Owner(s): Name RONALD L. WOLFE Last Known Address (if address cannot be reasonably ascertained, please indicate) 928 GOODYEAR ROAD GARDNERS, PA 17324 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) ADAMS AND ADAMS PTRS 901 HILLSIDE DRIVE CARLISLE, PA 17013 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 928 GOODYEAR ROAD GARDNERS, PA 17324 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. October 14, 2002 naj J An DATE FRANK F DERMAN, ESQUIRE 111 Attorney for Plaintiff ? c-? c: ,, C . w -ii , nip . -. ', ` ,,. f_ ,_ 1, N.' ? .f cJ (i -, MORTGAGE ELECTRONIC REGISTRATION CUMBERLAND COUNTY SYSTEMS, INC. Plaintiff, No. 02-2577 V. RONALD L. WOLFE Defendant(s). October 14, 2002 TO: RONALD L. WOLFE 928 GOODYEAR ROAD GARDNERS, PA 17324 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 928 GOODYEAR ROAD GARDNERS PA 17324 is scheduled to be sold at the Sheriffs Sale on MARCH 51 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $86,970.93 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (2151563-7000. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land with the buildings and improvements thereon erected situate primarily in South Middleton Township and partly in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Property Survey for the Eva bk Starner Estate by John R. Williams, Professional Land Surveyor, dated September 5, 1987, as follows: BEGINNING at a railroad spike (set) in the center of the Uriah Road (L. R. 21030) at corner of lands now or formerly of Gary R. Beam; thence by the centerline of the said Uriah Road, South 76 degrees 30 minutes 10 seconds East 155.70 feet to,a P.K. Nail replaced with a railroad spike at the intersection of the centerline of the said Uriah Road and Torway Road (T-534); thence by the centerline of the said Torway Road, and South 18 decrees 52 minutes 24 seconds West 90.45 feet to a point at comer of lands now or formerly of Verdella S. Davis; thence by lands now or formerly of Verdella S. Davis and through an iron pin set 20.00 feet from the centerline of said Torway Road, North 88 degrees 49 minutes 30 seconds West 152.65 feet to a pipe; thence by lands now or formerly of Gary R. Beam, North 14 degrees 23 minutes 18 seconds East 122.64 feet to a railroad spike (set), the place of beginning. TITLE TO SAID PREMISES IS VESTED IN Ronald L. Wolfe, married individual by Deed from Eugene M. Hays and Stephyne J. Hays, his wife dated 2/21/2000 and recorded 2/23/2000 in Record Book 216, Page 490. BEING: 928 GOODYEAR ROAD, GARDNERS, PA 17324 TAX PARCEL: #40-43-2759-005 m? ;` •J _ll lip _ti FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814' (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC SYSTEMS, INC REGISTRATION . Plaintiff, V. RONALD L. WOLFE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-2577 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: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. RANK FE ERMAN, ES Attorney for laintiff (-.l !. ?_ _ ?? 'T) l _' l (l; r ?JJ ___ r !. s^y [ ?. i C v7 '?._ .. -'' J ?.? -? ?%' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-2577 Civil TO THE SHERIFF OF CUMBERLAND CIVIL ACTION - LAW To satisfy the debt, interest acts dues MORTGAGE ELECTRONIC SYSTEMS, INC., Platntiff (s) REGISTRATION From RONALD L. WOLFE, 928 GOODYEAR ROAD GARDNERS, PA 17324 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; b paying any debt to or for the account of the defendant (s) and from delivering any Othe garnishee(s) is enjoined from (s) or otherwise disposing thereof• g y Property (3) If property of the defendant(s) not levied upon an subject to attachment is found in the posse sionndant of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $86,970.93 Interest FROM 10/17/02 TO 315103 (PER DIEM L L S.50 Atty's Comm % - $14.30) - $2,002.00 AND COSS AttyPaid $108.28 Due Prothy $1.00 Plaintiff Paid Date: OCTOBER 17, 2002 (Seal) REQUESTING PARTY: Other Costs CURTIS R. LONG Prothonotary`I? Deputy 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CIVIL ACTION vs. RONALD L. WOLFE CIVIL DIVISION NO. 02-2577 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. hereby verify that on 10/16/02 & 12/6102 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 10116/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: January 15, 2003 FF?ANK FEDERMAN, ESQUIRE Attorney for Plaintiff o r, r., z Ch .P W N O ?o 00 --] C? Ch A W N O c ti a ? Q O V?" 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OLrE 928 GOODYEAR ROAD GARDNERS, PA 17324 SENDER: KMD REFERENCE: 0104169164 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 Do Not Use for International Mail 1.75 3.50 ' C3 C?, rt ET,._ ? ?, .. t `L-?'?. it -_ ? ?"?"i i ' ,.,... r 7 sr " ? ?? i . ?fi _ ?? r- `? , , %: ?;? " ? w; , ` ! AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) RONALD L. WOLFE SERVE RONALD L. WOLFE AT 928 GOODYEAR ROAD GARDNERS, PA 17324 CUMBERLAND COUNTY KMD No. 02-2577 ACCT. #0104169164 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 5, 2003 SERVED Served and made known to ?I "'K ??? ?• WD Q , Defendant, on the day of 1200_2 at C/o: a 3 , o'clock T m., at 7,:Z6 Ga, 4 y eye, G: it d iN ?K- 5 , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is !50 N Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: w Description: Age Height Weight Race _& Sex Other I, dat't v-9c o- k, Curt 4 r 7R,a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, is erred-ease an 0__ at the address indicated above. NOTARIAL SEAL ELIZABETH M. JOHANSSOK "y Pd* Sworn to and subscfbed Greene T My Commission ?? Franklin Cw* before a this day ft- 19, 2005j of 0 U , 200, Notary. ' By PLEA1QE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE A ES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200, at o'clock _.m, Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: Time: 2"d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200 Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 C ? i Mortgage Electronic Registration Systems, Inc. VS Ronald L. Wolfe In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-2577 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. Sheriff's Costs Docketing 30.00 Poundage 14.41 Surcharge 20.00 Law Library .50 Prothonotary 1.00 Mileage 15.18 Levy 15.00 Posting Handbills 15.00 Advertising 15.00 Postpone Sale 20.00 Law Journal 288.65 Patriot News 263.20 Share of Bills 25.21 $ 735.01 paid by attorney 6/09/03 Sworn and subscribed to before me So Answers: This 1 day of /J? R. Thot s me, en 2003, A.D,C By -tt?- Prothonotary Real Estate Deputy n .,/ ? 3 Jr. i 1 1 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of January and the 4th and 11th day(s) of February 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #14 REAL ESTATE SALE NO. 14 Writ No. 2002-2577 Civil Term Mortgage Electronic Registration Systems, Inc. vs Ronald L. Wolfe Atty Frank Federman DESCRIPTION ALL THAT CERTAIN tract of land with the buildings and improvements thereon erected situate primarily in South Middleton Township, and partly in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Property Survey for the Eva M. Starner Estate by John r. Williams; Professional Land Surveyor, dated September 5, 1987, as follows: BEGINNING at a railroad spike (set) in the center of the Uriah Road (L.R. 21030) at comer of lands now or formerly of Gary R. Beam; thence by the centerline of the said Uriah Road, South 76 degrees 30 minutes 10 seconds East 155 70 4!. .............................,. Sworn to and subscribe Notarial Seal Terry L. Russell, Notary Public City Of Harrisburg, Dauphin County - My Commission Expires June 6, 2006 Member, Pennsylvania Association Of Notaries s 14th da of Fe ua 2003 A.D. NC7TARY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 261.45 $ 1.75 $ 263.20 ettoaP..K.Nanreplacedwitharailroad 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 acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. spike at the intersection of the centerline of the said Uriah Road and Torway Road (T-534); thence by the centerline of the said Torway Road, and South 18 degrees 52 minutes 24 seconds West 90.45 feet to a point at comer of lands now or formerly of Verdella S. Davis; thence by lands now or formerly of Verdella S. Davis and through an iron pin set 20.00 feet from the centerline of said Torway Road, North 88 degrees 49 minutes 30 seconds West 152.65 feet to a pipe; thence by lands now or formerly of Gary R. Beam, North 14 degrees 23 minutes 18 seconds East 122.64 feet to a railroad spike (set), the place of BEGINNING. By........... TITLE TO SAID PREMISES IS VESTED IN Ronald L. Wolfe, married individual, by Deed from Eugene M. Hays and Stephyne J. Hays, his wife, dated 2/21/2000 and recorded 2/23/2000 in Record Book 216, page 490. BEING: 928 Goodyear Road, Gardners, PA 17324 TAX PARCEL: #40-43-2759-005. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 31, FEBRUARY 7, 14, 2003 Affrant 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. 14 Writ No. 2002-2577 Civil Mortgage Electronic Registration isa Marie Coyne, I-itor Systems, Inc. VS. SWORN TO AND SUBSCRIBED before me this Ronald L. Wolfe Atty.: Frank Federman 14 day of FEBRUARY, 2003 ALL THAT CERTAIN tract of land with the buildings and improve- ments thereon erected situate pri- marily in South Middleton Township a and partly in Dickinson Township, C b l d ?1 um er an County, Pennsylvania, p ., bounded and described in accor- L.Ra:- '. ?w•??. dance with a certain Property Sur- vey for the Eva M Starner Estate ?"? ? z??1• . by John R. Williams, Professional Land Surveyor, dated September 5, 1987, as follows: BEGINNING at a railroad spike (set) in the center of the Uriah Road (L. R. 21030) at corner of lands now or formerly of Gary R. Beam: thence by the centerline of the said Uriah Road, South 76 degrees 30 minutes 10 seconds East 155.70 feet to a P.K. Nail replaced with a railroad spike at the intersection of the cen- terline of the said Uriah Road and Torway Road (T-534); thence by the centerline of the said Torway Road, and South 18 degrees 52 minutes 24 seconds West 90.45 feet to a point at corner of lands now or for- merly of Verdella S. Davis; thence by lands now or formerly of Verdella S. Davis and through an iron pin set 20.00 feet from the centerline of said Torway Road, North 88 de- grees 49 minutes 30 seconds West 152.65 feet to a pipe; Gary R. lands now or formerly of Beam, North 14 degrees 23 min- utes 18 seconds East 122.64 feet to a railroad spike (set), the place of beginning. TITLE TO SAID PREMISES IS VESTED IN Ronald L. Wolfe, mar- ried individual by Deed from Eu- gene M. Hays and Stephyne J. Hays. his wife dated 2/21/2000 and re- corded 2/23/2000 in Record Book 216, Page 490. BEING: 928 GOODYEAR ROAD. GARDNERS, PA 17324. TAX PARCEL: #40-43-2759-005. S PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. RONALD L. WOLFE Defendant(s). No. 02-2577 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due. Interest from 10/18/02 to DECEMBER 10, 2003 (per diem -$13.76) TOTAL $83,686.53 $5,765.44 and Costs $89,451.97 3A441,h 3 edi i, 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. 777 Y nU G r Q n 4? 0 a r J w? O? W? az oz ?a OZ, W. p 00 U CYi A 0 F ?O U ?z w wz ?O H H ?W C4 0 A z IZ3 B T+ O H U y °' wy w ,o H 3 au ?a W o 0. U 5 b w w IA ?w Q rc; a w IV N M .-y ?i r4 w z C7 a O N T d p R sue. 3 ALL THAT CERTAIN trac[ of land with the buildings and improvements thereon erected situate primarily in South Middleton Township and partly in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Property Survey for the Eva Mk Starner Estate by John R. Williams, Professional Land Surveyor, dated September 5, 1987, as follows: BEGINNING at a railroad spike (set) in the center of the Uriah Road (L. R. 21030) at corner of lands'- now or formerly of Gary R. Beam; thence by the centerline of the said Uriah Road, South 76 degrees 30 minutes 10 seconds East 155.70 feet to,a P.K. Nail replaced with a railroad spike at the intersection of the centerline of the said.Uriah Road and Torway Road (T-534); thence by the centerline of the said Torway Road, and South `18 degrees 52 minutes 24 seconds West 90.45 feet to a point at comer of lands now or formerly of Verdella S. Davis; thence by lands now or formerly of Verdella S. Davis and through an iron pin set 20.00 feet from the centerline of said Torway Road, North 88 degrees 49 minutes 30 seconds West 152.65 feet to a pipe; thence by lands now or formerly of Gary R. Beam, North 14 degrees 23 minutes 18 seconds East 122.64 feet to a railroad spike (set), the place of bezinnins. TITLE TO SAID PREMISES IS VESTED IN Ronald L. Wolfe, married individual by Deed from Eugene M. Hays and Stephyne J. Hays, his wife dated 2/21/2000 and recorded 2/23/2000 in Record Book 216, Page 490. BEING: 928 GOODYEAR ROAD, GARDNERS, PA 17324 TAX PARCEL: #40-43-2759-005 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. V. Plaintiff, RONALD L. WOLFE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-2577 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 3.Ak7LA JeA&WL m FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ?'? _ ,, - , .? MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. RONALD L. WOLFE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-2577 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,928 GOODYEAR ROAD, GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name RONALD L. WOLFE Last Known Address (if address cannot be reasonably ascertained, please indicate) 928 GOODYEAR ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: Same as above Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name ADAMS AND ADAMS PTRS Last Known Address (if address cannot be reasonably ascertained, please indicate) 901 HILLSIDE DRIVE CARLISLE, PA 17013 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 928 GOODYEAR ROAD GARDNERS, PA 17324 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. August 26, 2003 DATE ;3.n.4Uk 3 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION CUMBERLAND COUNTY SYSTEMS, INC. Plaintiff, No. 02-2577 V. RONALD L. WOLFE Defendant(s). August 26, 2003 TO: RONALD L. WOLFE 928 GOODYEAR ROAD GARDNERS, PA 17324 "*THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED 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 LIENAGAINST PROPERTY. " Your house (real estate) at, 928 GOODYEAR ROAD, GARDNERS, PA 17324, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $83,686.53 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land with the buildings and improvements thereon erected situate primarily in South Middleton Township and partly in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Property Survey for the Eva Nk Starner Estate by John R. Williams, Professional Land Surveyor, dated September 5, 1987, as follows: BEGINNING at a railroad spike (set) in the center of the Uriah Road (L. R. 21030) at corner of lands' now or formerly of Gary R. Beam; thence by the centerline of the said Uriah Road, South 76 degrees 30 minutes 10 seconds East 155.70 feet to,a P.K. Nail replaced with a railroad spike at the intersection of the centerline of the said Uriah Road and Torway Road (T-534); thence by the centerline of the said Torway Road, and South 18 degrees 52 minutes 24 seconds West 90.45 feet to a point at comer of lands now or formerly of Verdella S. Davis; thence by lands now or formerly of Verdella S. Davis and through an iron pin set 20.00 feet from the centerline of said Torway Road, North 88 degrees 49 minutes 30 seconds West 152.65 feet to a pipe; thence by lands now or formerly of Gary R. Beam, North 14 degrees 23 minutes 18 seconds East 122.64 feet to a railroad spike (set), the place of beginning. TITLE TO SAID PREMISES IS VESTED IN Ronald L. Wolfe, married individual by Deed from Eugene M. Hays and Stephyne J. Hays, his wife dated 2/21/2000 and recorded 2/23/2000 in Record Book 216, Page 490. BEING: 928 GOODYEAR ROAD, GARDNERS, PA 17324 TAX PARCEL: #40-43-2759-005 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-2577 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From RONALD L. WOLFE (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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $83,686.53 L.L. Interest FROM 10/18/02 TO 12/10/03 (PER DIEM - $13.76) - $5,765.44 AND COSTS Atty's Comm % Arty Paid $855.79 Plaintiff Paid Due Prothy $1.00 Other Costs Date: SEPTEMBER 16, 2003 (Seal) 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 CURTIS R. LONG Prothonotary Deputy Supreme Court ID No. 12248 AFFIDAVIT OF SERVICE COUNTY 'CUMBERLAND PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. I{MD No. 02-2577 DEFENDANT(S) RONALD L. WOLFE ACCT. #0104169164 J SERVE RONALDL. WOLFE AT 928 GOODYEAR ROAD Not of Action GARDNERS, PA 17324 Notice of Sheriffs Sale Sale Date: DECEMBER 10, 2003 Q p' SERVED Served and made known to ''1 \OIJa? ln>p? Defendant, on the eq'p- day of -S,e wt 10 e/G , 200j at 7T.9o , o'clock _r.m., at c7,2& (y&.4 y"re Y\ c? t G a Kc? v? a yt5 l > Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _ 3 o N ?l' F Wc) Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. _ Other. S ?p??? `?l^ It l` lW Description: Age 1 n Height _l ? Weight/(;() ght ? Race K ASex M Other I, Cla,-c to ce L, CaRk a competent adult, being duly sworn according to law, depose and state that I personally handed a true and orrect copy of the Notice of Sheriffs Sale in the manner asset forth herein, issued in the captioned case on the date and at the address indicated above. N IMAML,y Sworn to and subscri ed }{ M, JOHANSS before m?thisb day IiMW*7* f1811? N SeTir20Q nn, - V _??• =i?ura q r E U-VIES &r TIMES OF SERVICE ATTEMPTED. NOTSERVED On the day of 200, at Moved - Unknown _ No Answer o'clock _.m., Defendant NOT FOUND because: Vacant 1st Attempt: --L / Time' 3rd Attempt: / Time: Sworn to and subscribed before me this _ day of 200. Notary: By: 2nd Attempt:, / / Time: _Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 ? C_? C7 ' W ' 1 I -'- C7 ?}s 1 rn ???. µ L4-i ri ?^ c N ? ? 17 .J -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CIVIL VS. RONALD L. WOLFE CIVIL DIVISION NO. 02-2577 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. hereby verify that on September 3, 2003 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 6.2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ^ -i ^? U V A r- W N O ? 00 ?] Q U A W N r N a? D d m z C 3 c 0 0 a a ?. 6 r. r p ? f1 o? C1 ? i n t ° N z 'A y A t" ? ? ? O y d y y l7 ? ° d z G o ?+ '1J n yyy y' '-1 w 8 t/? ? 8 ??? ? ^ m a .d ? ;e 6z? W b w y ?, qqpp yyE? _? O A N p afi. yG $ c ? N n- N e I y _ R Ong m ?w a ,. . R y PSFS P pS"I Q t tt cT 1 ?aw ? aB 7 ? A d h O -fDe a Q b w !?1 n ?rn o? 41 ? O ro ?- A ° c.P m 7 O ? O ?f ? ? ?; w nowEs 02 $ 01.50° pr 04 ?737? c o05 sl,r A, .LED FRC)NI ZIP _ T zr- - ,m r c- C? ' ?f ( ? 7 ? -C7 .L _ FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Vs. Ronald L. Wolfe ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-2577 PRAECIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY: Kindly enter a Rule upon Ronald L. Wolfe , Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. FEDERMAN AND?PjHELAN, L.L.P. By : Daniel G. Schmieg, Esq ire Attorney for Plaintiff FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Vs. Ronald L. Wolfe ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION . 90. 02-2577 ORDER AND NOW, this day of , 2003, the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance Interest Amount March 1, 2002 through March 3, 2004 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 78,098.60 14,080.31 492.02 2,100.00 1,670.00 2,235.01 0.00 0.00 $0.00 4,184.92 TOTAL $102,860.86 Plus interest per diem from March 3, 2004 through Date of Sale at six (6$) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: J. FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION Ronald L. Wolfe NO. 02-2577 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 January 16, 2004. Ronald L. Wolfe 928 Goodyear Road, Gardners, PA 17324 DATE: January 16, 2004 FEDER?MAN_ AND PHELAN, L.L.P. By: S r Daniel G. Schmieg, ire Attorney for Plaintiff FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION Ronald L. Wolfe NO. 02-2577 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 17, 2002 in the amount of 83,686.53. 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- 03-01208 MDF on March 4, 2003. The Bankruptcy was Relief by order of court dated July 30, 2003. 3. The mortgaged premises are listed for Sheriff's Sale on March 3, 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 March 1, 2002 through March 3, 2004 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit TOTAL 78,098.60 14,080.31 492.02 2,100.00 1,670.00 2,235.01 0.00 0.00 $0.00 4,184.92 $102,860.86 5. Under the terms of the mortgage, which mortgage is recorded in the office of the Recorder of Deeds in Book (#1596), Page (#904), Plaintiff is entitled to judgment 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. FEDERM?AN AND PHELAN, L.L.?. By : Y ?, ?SS Daniel G. Sc g, Esquire Attorney fo iff -2- N ' II FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY . COURT OF COMMON PLEAS VS. CIVIL DIVISION Ronald L. Wolfe . NO. 02-2577 BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S NOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Plaintiff and Defendant(s) entered into a Promissory Note and Mortgage Agreement, wherein Defendant(s) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub judicia, Defendant(s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant(s) were not going to cure the default and bring the loan current, Plaintiff commenced a mortgage Foreclosure Action. Judgment was subsequently entered by the Court:, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARGUMENT FOR REASSESSMENT OF DAMAGES The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargea.ole. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa.Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super 1988). In Chase Home Mortgage, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee '...could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must. protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). 'therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, No. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. FEDERMAN AND PHELAN, L.L.P. By: Daniel ' g, Esquire Attorney for P tiff -01 MCRTC-AGE ASSOCIATION vs. JOSEMI JErEMRSON' and AOSI Jc.'?----ASON, ills w'Ea C. u3? O CZ)MMON PEAS 1:1??.'.i.F.:.2??1? CCE: ti•r? CIVIL TStSAL DIVISION - 198 Zr MAY TZX%!, NO. ?359 .'r.. ORO---tt AND OpllfioN WMITE, T. AND N(mi, t.`sis day of rr 3 )fjae, upon consideration of ?laintiff, Federal National mc_t-age Association's Petition far Reconsideration ticnc ?rc Tunc cz this Court's Order o? :lcvembe: 7, 1985 aad t:,c Ansae_ tht,rcto of De_eitdants, Joseph ,7e`zerson and Rcs_^ .."_=sor., it is hereby ORDE-30 and as'_ollows:) 1) Said 9-?` Oa. is GRANTED: 21 --Ztes Order of r1ovember 7, 1?a5 i . ZY-2S3D and _lainti_z'3?Notioe,.;.for Reas?sessment?of Damaqcs is 3) Jd nt is hr--rcliy incrcas::d to 50, 147.75. Becau3c PlAintiff was required to accept currant mort?age payments uoofi the filing oc,Defendants' bankruntc:_v petit on_'and'In fact aid so, it is necessary to reassess _he Z=ount of damages that initiaiT_y we=e assessed .after judgment by default was entered is this action. Because 1 Defendants have not ze?uted the specific aacunts claimed - 1 - t bye2:ainzWE in the !.^stant :lotion for ReassessmeA, this Court finds that Oefcnda..ts have adcirzed these amounts,, purz_ant to °a_ -3v THE COURT': THOMAS A. WHITE, J'. - 1 VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. FEDERMAN AND PHELAN, L.L.P. DATE: January 16, 2004 By: Daniel G. Schm' , Esquire Attorney for laintiff C% JAN 2 3 2004 C. FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Vs. Ronald L. Wolfe ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION . NO. 02-2577 RULE AND NOW, this 3/z? day of ? 1 200 a Rule is entered upon Ronald L. Wolfe , Defendant (s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE th day of --'2IID 3 . (1-? ?-, BY THE C (' dz-oq-oil Q 7 v'T? ? .1Z CL1i;j i LO 0 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. vs. Ronald L. Wolfe ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY . COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-2577 OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of February 20, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on February 10, 2004. Ronald L. Wolfe 928 Goodyard Road, Gardners, PA 17324 FEDERMAN AND PHELAN, .L.P By:_ Daniel G St*hfnieg, uire Attorney for Plai iff Date: February 10, 2004 n ^' c-? -„ ' ?: ?? ';, ' , ?-? =. ,, -- '' ;'7 C: L'7 G, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CIVIL ACTION VS. RONALD L. WOLFE CIVIL DIVISION NO. 02-2577 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. hereby verify that on Januarv 20, 2004 true and correct copies of the Notice of Sheriff s sale were served by certificate of mailing to the recorded lienholders, and any ]mown interested party see Exhibit "A" attached hereto. DATE: February 9, 2004 ill '? FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 7 to A w N .-? O ? O° J ? U A w N ? n m z 3 c d ? n ? tt7 v 4 !' ° pA M 5. 0 2583 2' enm?_ maw oag?? O 9 ^ ?E o c A ? a nqoq ?? ?. 5 a P Sn?j^p P ? V Ay"N? °? e U c ?n oy o'6 ?S ?? 8v ??y m " O n a a A a 6 6 Z »ft ? 0. ayd -f D, a d v a w tzl c tLf oo° Wit" A ? A O A 1 - w a ve ®Z,ypy, e?p<es Posr? 02 1A $ 01.50° 0004300377 J.AN20 2004 MAILED FROM ZIPGODE 1 91 03 N? ?, c? ?., ?- _? ? -, =T, ?-? - ?; .? -- ? _, =>?-, -` --. ?_? ?,, = ? ?=. ,?,= _ C;? FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. Ronald L. Wolfe ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY . COURT OF COMMON PLEAS . CIVIL DIVISION . 110. 02-2577 NOTION TO MAKE RULE ABSOLUTE Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages was filed with the Court on February 4, 2004 and Rule was entered upon Defendant(s) Ronald L. Wolfe on February 3, 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 February 20, 2004. 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.L.P. 1 By: Daniel G. Schmieg, 2squire Attorney for Plaintiff 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 Motion to Disks 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: February 20, 2004 EDERMAN AND PHELAN, 4.L.P. By: Daniel G. Schmieg, Esquire Attorney for Plaintiff Exl?il?it I I A JAN 2 8 2004 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. vs. Ronald L. Wolfe CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-2577 }? RULE AND NOW, this 31'8- day of 120rwar 200 j a Rule is entered upon Ronald L. Wolfe , Defendant(s) to show rause why the attached order for Reassessment of Damages should not be entered. RULE RETURNABLE t ?a lae faom ?-he dole of service. BY THE COURT: 1st ?' TRUE CONY FROM RECORD In Testimony whe of, I here unto sat my hand a e suea? of sai Court aL?a lisle, Pa. T f?....7......y a 4f... F.??.,.., . Il- p Xhib)*t il P::? FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Vs. Ronald L. Wolfe ATTORNEY FOR PLAINTIFF . CUMBERLAND COUNTY . COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-2577 CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of February 20, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on February 10, 2004. Ronald L. Wolfe 928 Goodyard Road, Gardners. PA 17324 FEDERMAN AND PHELAN, I1., L.P By:? Daniel G. S ieg, uire Attorney for Plai iff Date: February 10, 2004 q Q m! rn -'-T? ? C J - D Q '? f: i ? FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,-INC. Vs. Ronald L. Wolfe ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS . CIVIL DIVISION . NO. 02-2577 ??ORDER/ AND NOW, this c?2? day of 2004, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule entered upon Defendant(s) shall be and is hereby made absolute and Plaintiff's Petition is GRANTED and it is further ORDERED that the Prothonotary reassess the damages in this case as follows: Principal Balance Interest Amount March 1, 2002 through March 3, 2004 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit TOTAL 78,098.60 14,080.31 492.02 2,100.00 1,670.00 2,235.01 0.00 0.00 $0.00 4,184.92 $102,860.86 Plus interest per diem from March 3, 2004 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: t - ?Jl.. i? . p ?? 2 ?' h ? V F t ' _? "-. lf7 J.? '_ ? . l I-:. ?? i !;.j .-_ j i O ,c O N i. '., COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Aurora Loan Serv Inc is the grantee the same having been sold to said grantee on the 3rd day of March A.D., 2004, under and by virtue of a writ Execution issued on the 16th day of Sept, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Tenn, 2002 Number 2577, at the suit of MtQ Electronic Reg Systems Inc against Ronald L Wolfe is duly recorded in Sheriffs Deed Book No. 262, Page 758. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office thiso? 3 day of A.D2004 ecorder of Deeds Mortgage Electronic Registration Systems, Inc. VS Ronald L. Wolfe In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-2577 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 23, 2004 at 10:52 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Ronald L. Wolfe, by making known unto Cathy Wolfe, wife of defendant, at 3 Mountain Street, Mt. Holly Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on January 21, 2004 at 6:30 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Ronald L. Wolfe located at 928 Goodyear Road, Gardners, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Ronald L. Wolfe, by regular mail to his last known address of 3 Mountain Street, Mt. Holly Springs, PA 17065. This letter was mailed under the date of January 26, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 3, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Aurora Loan Services, Inc. It being the highest bid and best price received for the same, Aurora Loan Services, Inc. of 601 Fifth Avenue, Scottsbluff, NE 69363-1706, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $743.41, it being costs. Sheriffs Costs Docketing $30.00 Poundage 14.58 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 9.66 Levy 15.00 Surcharge 20.00 Law Journal 293.30 Patriot News 194.05 Share of Bills 29.32 Distribution of Proceeds 25.00 Sheriffs Deed 41.50 $ 743.41 Sworn and subscribed to before me So Answers: r??,??e o This aO,cd.day of R. Thomas Kline, Sheriff 2004, A.D. 4Prho PP, +17' notary BY J613Li Real Estate eputy pP4-'- OIA 3000 0 I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-2577 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From RONALD L. WOLFE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $83,686.53 L.L. Interest FROM 10/18/02 TO 12/10/03 (PER DIEM - $13.76) - $5,765.44 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $855.79 Other Costs Plaintiff Paid Date: SEPTEMBER 16, 2003 CURTIS R. LONG Prothonotary C - (Seal) JB LLQ? G . 1 ? 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 # 74 On December 11, 2003 the sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 928 Goodyear Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 11, 2003 By: J - Real Est e Deputy 6 7 tit i' !?1 i. r `s r i d 9, 1,17 LI 6 L I d3s c- r+? JAW]H'S ;f THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 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 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 iscellaneous Book "M", Volume 14, Page 317. ? / / /I I __1% . , PUBLICATION COPY Sworn to and subscribed befor trd da of Fe y 2004 A.D. SALE #74 REAL ESTATE SALE N 74 Notarial Seal Terry L. Russell, Notary Public t o. y City Of Harrisburg, Dauphin Coun Writ No. 2002-2577 My Commission Expires June 6,2006 RY PUBLIC Civil Term Mortgage Electronic Registration Member, PermsyNania Association Of Notaries My commission expires June 6, 2006 Systems Inc. Vs CUMBERLAND COUNTY SHERIFFS OFFICE Ronald L. Wolfe Atty: Frank Federman CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 DESCRIPTION Statement of Advertising Costs ALL THAT CERTAIN tract of land with the buildings and improvements thereon erected TO THE PATRIOT-NEWS CO., Dr. situate primarily in South Middleton Township For publishing the notice or publication attached and partly in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in hereto on the above stated dates accordance with a certain Property Survey for the Total $ 194.05 Eva M. Starner Estate by John R. Williams, Professional Land Surveyor, dated September 5, 1987, as follows: 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 acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. BEGINNING at a railroad spike (set) in the center of the Uriah Road (L.R. 21030) at corner of lands now or formerly of Gary R. Beam; thence by the centerline of the said Uriah Road, South 76 degrees 30 minutes 10 seconds East 155.70 feet to a P.K. Nail replaced with a railroad spike at the intersection of the centerline of the said Uriah Road and Torway Road (T-534); thence by the centerline of the said Torway Road, and South 18 degrees 52 minutes 24 seconds West 90.45 feet to a point at comer of lands now or formerly of Verdella S. Davis; thence by lands now or formerly of Verdella S. Davis and through an iron pin set 20.00 feet from the centerline of said Torway Road, North 88 degrees 49 minutes 30 By......... seconds West 152.65 feet to a pipe; thence by lands now or formerly o: Gary R. Beam, North 14 degrees 23 minutes 18 seconds East 122.64 feet to a railroad spike (set), the place of BEGINNING. TITLE TO SAID premises is vested in Ronald L. Wolfe, married individual, by Deed from Eugene M. Hays and Stephyne J. Hays, his wife, dated 2/21/2000 and recorded 2/23/2000 in Record Book 2; 6, Page 490. BEING: 928 Goodyear Road, Gardners, PA 17324. TAX PARCEL NO.: 40-43-2759-005. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 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. 74 Writ No. 2002-2577 Civil Mortgage Electronic Registration Systems Inc. vs. Ronald L. Wolfe Atty: Frank Federman ALL THAT CERTAIN tract of land with the buildings and improve- ments thereon erected situate pri- marily in South Middleton Township and partly in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accor- dance with a certain Property Sur- vey for the Eva M. Starner Estate by John R. Williams, Professional Land Surveyor, dated September 5, 1987, as follows: BEGINNING at a railroad spike (set) in the center of the Uriah Road (L. R 21030) at corner of lands now or formerly of Gary R. Beam: thence by the centerline of the said Uriah sa Marie Coyne, ditor SWORN TO AND SUBSCRI13ED before me this 30 day of JANUARY 2004 LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 Road, South 76 degrees 30 minutes 10 seconds East 155.70 feet to a P.K. Nail replaced with a railroad spike at the intersection of the cen- terline of the said Uriah Road and Torway Road (T-534); thence by the centerline of the said Torway Road, and South 18 degrees 52 minutes 24 seconds West 90.45 feet to a point at corner of lands now or for- merly of Verdella S. Davis; thence by lands now or formerly of Verdella S. Davis and through an iron pin set 20.00 feet from the centerline of said Torway Road, North 88 de- grees 49 minutes 30 seconds West 152.65 feet to a pipe; thence by lands'h"W= -Mmerly of Gary R. Beam. North 14 degrees 23 min- utes 18 seconds East 122.64 feet to a railroad spike (set), the place of beginning. TITLE TO SAID PREMISES IS VESTED IN Ronald L. Wolfe, mar- ried individual by Deed from Eu- gene M. Hays and Stephyn his if, dated 2/21/2000 and re- corded 2/23/2000 in Record Book 216, Page 490. BEING: 928 GOODYEAR ROAD, GARDNERS, PA 17324. TAX PARCEL: #40-43-2759-005.