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HomeMy WebLinkAbout02-3485FEDERMAN 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 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff EDWARD L.GRADY 727 ERFORD ROAD CAMP HILL, PA 17011 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. C,a CUMBERLAND COUNTY 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 objections to the claims set foah against you. You are warned that if you fail to do so the ease 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 TI-IlS 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 #: 9909082 RMS 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. Plainfiffis COLrNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 The name(s) and last known address(es) of the Defendant(s) are: EDWARD L.GRADY 727 ERFORD ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 4/30/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1451, Page 711. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 4/1/02 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. The following amounts are due on the mortgage: Principal Balance Interest 3/1/02 through 7/1/02 (Per Diem $3.68) Attorney's Fees Cumulative Late Charges 4/30/98 to 7/1/02 Cost of Suit and Title Search Subtotal $20,390.99 452.64 1,225.00 20.28 550.00 $22,638.91 Escrow Credit 810.88 Deficit 0.00 Subtotal ($ 810.88) TOTAL $21,828.03 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. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem. Judgment against the Defendant(s) in the sum of $21,828.03, together with interest from 7/1/02 at the rate of $3.68 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 PI~tELAN, LLP FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Penushoro Wo~nship, C{{~kerland County, Commonwealth of Pennsylvania, more particularly bounded and described in accordance with a survey of E.J. Walker, dated July 2, 1970, as follows, to wi~t O~ Natthew Road and Sr~ord Road (East) and at dividin9 line betveea Lot No. $ and ~ot Ro. SX, N~ock ~, on the ha~ainafter mentioned minutes 08 saconds East; IS0.OO feat'~o a point; thence in an arc having a radius o~ 480.00 feet in a southeasterly direction to the Lot ~o. ?I, Block I, on said Plan; ~hance along said dividing line, South 45 degrees 31 minutes 07 scconds West, 150.00 fee~ to a point on the easterly line of Erford Road (East) aforesaid} ~hence along s~ua an arc having a radius of 330.00 feet in as northwesterly direction ko the lef~ 33.50 feat to a point, the place of BSI~iG Lot No. 6, BlOck Zr Plan ~o. B; Ridle~ ~rk, Which Plan is ~ecorded in the ~umberland County Recorder's Off.ce in Plan Book 16--19. BAVING ~oB ERRC~ED a s~!-detached brick and frame dwelling with attached ca~port known as and n~ered 727 Michele Price, h/w ~heir dead dated November 2, 1993 and recorded Nov--~--__ker 16, ~993 by the Recorder o£ Deed in and fo= Oum~arland County in Dead Book Q--36. Page 413, granted and conveyed unto Edward T. Price III and ~ichele Price, husband and wife ~rantor herein. VERIFICATION BRANDON SCILrMBATO hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicin~ agent for Plaintiffin this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are txue and correct to the best of his knowledge, information and belie£ The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. SHERIFF'S RETURN CASE NO: 2002-03485 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS GPJIDY EDWARD L - REGULAR ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GPJtDY EDWARD L the DEFENDANT at 1710:00 HOURS, at 727 ERFORD ROAD CAMP HILL, PA 17011 EDWARD GRADY on the 9th day of August 2002 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this 2R~ day of ~.J~ =2~ A.D. /~6thonot ary So Answers: R. Thomas Kline 08/13/2002 FEDERMAN & PHELAN By: )' Deph~5'f 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 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff, EDWARD L. GRADY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-3485 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against EDWARD L. GRADY, Defendant(s) for failure to file an Answer to Plaintiff's 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 7/2/02 to 9/10/02 TOTAL $21,828.03 $ 261.28 $22,089.31 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. tRUNK FEI~ERMANi ESQUIRE' Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATF~;D. FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 S/563-7000 ~ouNTRYWIDE HOME LOANS, INC. Attorney for Plaintiff COUqlT OF COMMON PLEAS Plaintiff EDWARD L. GRADY Defendant (s) vs. CIVIL DIVISION CUMBERLAND COUNTY NO. 02-3485 TO: EDWARD L. GRADY 727 ERFORD ROAD CAMP HILL, PA 17011 DATE OF NOTICE: AUGUST 30, 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 ~N~f 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 Frank Federman, Esquire Attorney for Plaintiff SHERIFF'S RETURN - 'C.~SE NO: 2002-03485 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS GP, AIDY EDWARD L REGULAR ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GP~ADY EDWARD L the DEFENDANT , at 1710:00 HOURS, on the 9th day of August at 727 ERFORD ROAD , 2002 CAMP HILL, PA 17011 by handing to EDWARD GRADY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this day of Prothonotary So Answers: R. Thomas Kline 08/13/2002 FEDERMAN & PHELAN By: ' J' ~ephl'~ S~e~iff 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 (21s) s63-7ooo COUNTRYAVIDE HOME LOANS, INC. 7105 CORPORATE DRIVE Plaintiff, EDWARD L. GRADY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-3485 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiffin 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 EDWARD L. GRADY is over 18 years of age and resides at, 727 ERFORD ROAD, CAMP HILL, PA 17011 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 COUNTRYVqlDE HOME LOANS, INC. : Plaintiff, : : No. 02-3485 EDWARD L. GRADY : Defendant(s). : TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 9/11/02 to 3/5/03 (per diem -$3.63) TOTAL $22,089.31 $ 638.88and Costs $22,728.19 IFRANK FEI~E-RM-A}N, ESQUII~E 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. t4 · Legal Descriotion ALL THAT CERTAIN LOT OR PARCEL OF GROUND LOCATED IN EAST PENNSBORO TOWNSHI?, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY OF E. J. WALKER, DATED JULY 2, 1970, AS FOLLOWS TO WIT: BEGINNING AT A POINT ON THE EASTERLY L1NE OF ERFORD ROAD (EAST) WHICH POINT IS 468.56 FEET SOUTH OF THE SOUTHEASTERLY CORNER OF MATTHEW ROAD AND ERFORD ROAD (EAST) AND AT DIVIDING LINE BETWEEN LOT NO. 6 AND LOT NO. 6X, BLOCK I, ON THE HEREINAFTER MENTIONED PLAN OF LOTS, THENCE ALONG SAID DIVIDING LINE, NORTH 39 DEGREES 42 M1NUTES 08 SECONDS EAST, 150.00 FEET TO A POINT, THENCE AN ARC HAVING A RADIUS OF 480.00 FEET IN A SOUTHEASTERLY DIRECTION TO THE RIGHT, 48.73 FEET TO A POINT AT DIVIDING LINE BETWEEN LOT NO. 6 AND LOT NO. 7X, BLOCK I, ON SAID PLAN, THENCE ALONG SAID DIVIDING LINE, SOUTH 45 DEGREES 31 MINUTES 07 SECONDS WEST, 150.00 FEET TO A POINT ON THE EASTERLY LINE OF ERFORD ROAD (EAST) AFORESAID, THENCE ALONG SAME AN ARC HAVING A RADIUS OF 330.00 FEET IN A NORTHWESTERLY DIRECTION TO THE LEFT, 33.50 FEET TO A POINT, THE PLACE OF BEGINNING. BEING LOT NO. 6, BLOCK I, PLAN NO. 8, RIDLEY PARK, WHICH PLAN IS RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 16-49. HAVING THEREON ERECTED A SEMI-DETACHED BRICK AND FRAME DWELLING WITH ATTACHED CARPORT KNOWN AS AND NUMBERED 727 ERFORD ROAD. TAX PARCEL # 09-16-1050-177 BEING the same premises that Eward T. Price,III and Michele Price, husband and wife by it's deed dated 4/30/98 and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania on 5/6/98 in Deed Book Volume 176, Page 949, granted and conveyed unto Eward 1. Grady, single man,Grantor herein. PROPERTY being known as: 727 ERFORD ROAD, CAMP HILL, PA 17011. 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 COUNTRYWIDE HOME LOANS, INC. Plaintiff, EDWARD L. GRADY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-3485 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. ~Attomey fo/Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff, EDWARD L. GRADY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-3485 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS~ 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 727 ERFORD ROAD~ CAMP HILL~ .PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EDWARD L. GRADY 727 ERFORD ROAD CAMP HILL, PA 17011 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: marne 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: maine Last Known Address (if address cannot be reasonably ascertained, please indicate) None $. Name and address of every other person who has any record lien on thc 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 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 727 ERFORD ROAD CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 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 of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. September 5, 2002 DATE ~FP~NK'F-EI~ERMAN, ESQUIRE Attomey for Plaintiff COUNTRYWIDE HOME LOANS, INC. : Plaintiff, : EDWARD L. GRADY : : Defendant(s). : TO: EDWARD L. GRADY 727 ERFORD ROAD CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 02-3485 September 5, 2002 **THIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE 1N BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN A GAINST PROPERTY. ** Your house (real estate) at ~ 727 ERFORD ROAD~ CAMP HILL~ PA 17011~ 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 enfome the court judgment of $22~089.31 obtained by COUNTRYWIDE HOME LOANS, 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: (215) 563-7000. 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 attomey 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 maybe 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 Shefiffthe 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 Shefiffgives 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 Shefiffwithin 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 Shefiffwithin 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 HA A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTI~ 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 COUNTY, cOMMONWEALTH ALL THAT CERTAIN LOT OR pARCEL OF GROUND LOCATED IN EASToF pENNSBORO TOWNSHIP, CUMBERLAND AND DESCRIBED IN pENNSYLVANIA, MORE PARTICULARLY BOUNDED AS ACCORDANCE WITH A SURVEY OF E. I. wALKER, DATED JULY 2, 1970, FOLLOWS TO WIT: BEGINNING AT A pOINT ON THE EASTERLY LINE OF ERFORD ROAD (EAST) WHICH pOINT IS 468.56 FEET SOUTH OF THE sOUTHEASTERLY CORNER OF AND ERFORD ROAD (EAST) AND AT DIVIDING LINE MATTHEW ROAD 6X, BLOCK I, ON THE HEREINAFTER BETWEEN LOT NO. 6 AND LOT NO. MENTIONED pLAN OF LOTS, THENCE ALONG SAID DIVIDING LINE, NORTH 39 DEGREES 42 MINUTES 08 SECONDS EAST, 150.00 FEET TO A POINT, THENCE AN ARC HAVING A RADIUS OF 480.00 FEET IN A SOUTHEASTERLY DIRECTION TO THE RIGHT, 48.73 FEET TO A pOINT AT DIVIDING LINE LOT NO. 6 AND LOT NO. 7X, BLOCK I, ON SAID pLAN, THENCE BETWEEN ERFORD ROAD ALONG SAID DIVIDING LINE, SOUTH 45 DEGREES 31 MINUTES 07 SECONDS WEST, 150.00 FEET TO A pOINT ON THE EASTERLY LINE OF (EAST) AFORESAID, THENCE ALONG SAME AN ARC HAVING A RADIUS OF 330.00 FEET 1N A NORTHWESTERLY DIRECTION TO THE LEFT, 33.50 FEET TO A pOINT, THE PLACE OF BEGINNING. 8, RIDLEY pARK, WHICH PLAN 1S BEING LOT NO. 6, BLOCK I, PLAN NO. -RDER'S OFFICE IN PLAN RECORDED IN THE CUMBERLAND COUNTY RECU BOOK 16-49. THEREON ERECTED A SEMI-DETACHED BRICK AND FRAME HAVING KNOWN AS AND NUMBERED 727 DWELLING WITH ATTACHED CARPORT ERFORD ROAD. TAX PARCEL # 09.16-1050-17'/ BEING the same premises that Eward T. price,III and Michele price, husband and wife by it's deed dated 4/30/98 and recorded in the Office of Recorder of Deeds in and for Cumberland County, pennsylvania on 5/6/98 in Deed Book Volume. 176, Page 949, granted and conveyed unto Eward 1. Grady, single man,Grantor herein. PROPERTY being known as: 727 ERFORD ROAD, CAMP HILL, PA 17011. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-3485 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYVqIDE HOME LOANS, INC., Plaintiff (s) From EDWARD L. GRADY, 727 ERFORD ROAD, CAMP HILL, PA 17011 (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 himPner that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $22,089.31 L.L. $.50 Interest FROM 9/11/02 TO 3/5/03 (PER DIEM-S3.63) - $638.88 AND COSTS Atty's Comm % Atty Paid $115.35 Plaintiff Paid Date: SEPTEMBER 10, 2002 (Seal) Due Prothy $1.00 Other Costs CURTIS R. LONG Prothono~.x~..~. O Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 PENN CENTER AT SUBURBAN STATION PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 ATTORNEY FOR PLAINTIFF (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff Defendant(s) VS. EDWARD L. GRADY · Cumberland County : · Court of Common Pleas : · CIVIL DIVISION : · NO. 02-3485 : : : ~/ITHi3HT pREJUDICE TO THE PROTHONOTARY: Kindly satisfy the Judgment which was entered on 9/10/02 against EDWARD L. GRADY, Defendant(s), in the amount of $22,089.31 relative to the instant matter and mark this case discontinued and ended, without prejudice, upon payment of your costs only. F-I~,NK FEDER~A-N, ESQUIR Attorney for Plaintiff Dated: January 9, 2003 Countrywide Home Loans, Inc. VS Edward L. Grady In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-3485 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 Surcharge 20.00 Advertising 15.00 Posting Bills 15.00 Law Library .50 Prothonotary 1.00 Mileage 20.70 Certified Mail 1.62 Levy 15.00 Postpone Sale 20.00 Patriot News 251.35 Law Journal 339.80 Poundage 509.56 Share of Bills 25.20 $1264.73 paid by attorney 01/16/03 Swom and subscribed to before me This /6 ~ day 2003, A.D. Prothonotary R. Thomas Kline, Sheriff Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Ac~ No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler 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 und P tri t-N w 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 22nd and 29th day(s) of October and the 5th day(s) of November 2002. 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 S A L E #29 REAL ESTATE SALE NO. ~ CMl Term Lncn~, Inc. Ve Arty:. Frank Fe~lerman LEGAL DgSc~rloN ground Io~at~d in ~ Pem~x)m Township,- .Cnlabcrla~d Coanty, Comm~aweal~ of ,P~ylvania, mom p~'~i~ulitty bounded and describ~l in accordan~ wilh a survey o~ E. J. Walker. d~d ~uly 2, 1970. ~ follows to wit: BF~IINNIN~ ~ s point o~ ~ F~sl~rly line of ~ Ro~d (Ea~) which point is 468.~ Mat~ew Road and Edo~d Road (East) nad at dividin~ line belween Lot No.6 ahd Lot No. 6X, Block. I, on the he~iunfter me~inned Pla~ of ~ fl~nce ~ said diVtdtn$ line, No~h 39 de~e~s ~2 minutes · ,mc~ an ~L,C IxWin8 ~ ladies of 480.00 f~t 48.73 fc~t to. a pob~ at dividin8 iin~ bctwc~ Lot No,6 and Lot ~[o, TX. Block L on said ~ th~ac~ slol~ s~i~'d dividing linc, South 4~ d~grecs 31 minutcs 07 seconds We~st, l~0.0Ofcct to a [~nt on thc Easterly linc of E~'fo~ ~ (East) aforesaid, thence along~sam~ ~ having a ~ of ~ f~t~ ~ a N~r~we~ste~ly dir~cdo~ to th~ 1~ ~3.~0 f~t to a po~nL th~ place of BEGINNING. ~__/~Sw~o'r-n' ;'~' ~ ~SUbeS:ribed befor, ey~l~is 14th day~Nov/~er 2002 A.D. 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 $ 249.60 $ 1.75 $ 251.35 Publisher's Receipt for Advertising Cost ;o., publisher of Th P tri: t-N :ws and The Sunday Patriot-News. newspapers of general dge receipt of the aforesaid notice and publication costs and certifies that the same have aforesaid, .;hence along same an arc a radias or 330.00 feet in a Northwesterly direction to the leB, 33.50 feet to a point, thc place of BEGINNING. BEING lot No.6, Bilk I, Plan No. 8, which plan is r~orded in ~e Ridley park, Office in Cumberhmd County Reco~er's plan Book 1~49. HAVING ~E~ON E~CTED a semi- detach~ brick and frame dwelling with attached c~ known as and humored 727 Efford Road. TAX pARCEL ~- 16-1050- 177. BEING the same premises that Edward T. Price, Ili and Michele Price, husband and wife by it's de~ dated 4/30/98 and recoded in ~e Office of Recorder or De~ in and for Cumberland County, Pennsylv~ia on 5/6/98 in Deed Book ~olume 176, Page 949, granted ~d conveyed unto Edw~d L Gmdy, sin~ PROPERTY being known as: 727 Eff~ Road. Camp Hill, PA !~01 I. 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 : Roger M. Morgenthal, 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: OCTOBER 25, NOVEMBER 1, 8, 2002 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. 29 Writ No. 2002-3485 Civil Countrywide Home Loans, Inc. VS. Edward L. Grady Atty.: Frank Federman l,egal Description ALL lliAT CERTAIN lot or parcel of ground located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and de- scribed in accordance with a survey of E. J. Walker, dated July 2, 1970, as follows to wit: BEGINNING at a point on the easterly line of Erford Road (East) which point is 468.56 feet South of the southeasterly corner of Matthew Road and Erford Road (East) and at ~itor ~ SWORN TO AND SUBSCRIBED before me this 8 day of NOVEMBER, 2002 NOT)~R~L SEAL C/ ] LOIS E. SNYDER; No[a~'7 Put~ degrees 42 minutes 08 seconds East, 150.00 feet to a point, thence an arc having a radius of 480.00 feet in a southeasterly direction to the right, 48.73 feet to a point at dividing line between Lot No. 6 and Lot No. TX, Block I, on said Plan, thence along said dividing line, South 45 degrees 31 minutes 07 seconds West, 150.00 feet to a point on the easterly line of Erford Road least) aforesaid, thence along san~e an arc having a radius of 330.00 feet in a northwesterly direction to the left, 33.50 feet to a point, the place of Beginning. BEING Lot No. 6. Block I, Plan No. 8, Ridley Park. which Plai~ is recorded in the Cumberland County Recorder's Office in Plan Book 16-49. HAVING THEREON ERECTED a semi-detached brick and frame dwelling with attached carport known as and numbered 727 Erford Road. TAX PARCEL #09-16-1050-177. BEING the san~e premises that Edward T. Price, III and Michele Price, husband and wife by it's deed dated 4/30/98 and recorded in the Office of Recorder of Deeds in and for Cumberland county, peru,sylva- nia on 5/6/98 iii Deed Book Vol- ume 176, Page 949, granted and conveyed unto Edward L. Grady, single man. Grantor herein. PROPERTY being known as: 727 Erford Road, Can~p Hill, PA 17011.