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HomeMy WebLinkAbout01-4660FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024-3632 Plaintiff GORDON E. SHERIFF NANCY L. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CiVIL D1VISION TERM CUMBERLAND COUNTY Defendant(s) CIVIl, ACTION - I.AW COMPI,AINT IN MORTGAGF, FORECI ~OSIIRE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 5650323 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 AFYER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is COUNTRYWDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024-3632 The name(s) and last known address(es) of the Defendant(s) are: GORDON E. SHERIFF NANCY L. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 9/30/96 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to VIRGINIA FIRST SAVINGS BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1344, Page 62. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 4/1/01 and each month thereafter are due and unpaid, and by the terms 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. The following amounts are due on the mortgage: Principal Balance Interest 3/1/01 through 8/1/01 (Per Diem $23.16) Attorney's Fees Cumulative Late Charges 9/30/96 to 8/1/01 Cost of Suit and Title Search Subtotal $107,588.27 3,566.64 4,000.00 556.96 550.00 $116,261.87 Escrow Credit 0.00 Deficit 604 22 Subtotal .~ 604 22 TOTAL $116,866.09 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 Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage mount exceeds $50,000.00. WHEREFORE, PLAINTII:F demands an in rem Judgment against the Defendant(s) in the sum of $116,866.09, together with interest from 8/1/01 at the rate of $23.16 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /~/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN tract of land with the irnprovemcnts thereon erected situate in Upper Frankford Township, CumberlandCounty, Pennsylvania. beingdesc:ribcdas LotNo 7 o{' the Hobbyhorse Acres Suhdiviston prepared by Douglas S. Brehm, R.$. dated July 23,, 1989 and recorded in Cumberland County Plan Book 60, Page 20 and more fully hounded and described as follows: BEGINNING at at point on tile eastern dedicated right of way line pt 50 foot wide Grahams Wood Road (T-448) at the dividing tine between Lots 7 and Il on the above-mentioned subdivision plan: thence along said dividing line North 88 degrees 37 minutes 4.5 seconds East 166.45 feet to a point; thence along same South 62 degrees 58 minutes 05 seconds East Il 5.00 feet to a point; thence along same South 12 deg~es 49 minutes 09 seconds West I82.26 feet to a point; thence along the dividing line between Lots 7 and 8 on said plan North 65 degrees 23 minutes 33 seconds West 256.94 feet to a point on the eastern dedicated right of way of Graham'~ Wood Road (T-448); Lhence along said right of way line by a curve to thc left with a radius of 983.93 feet an arc distance of ii9.19 feet to a point, the Place pt'BEGINNING. CONTAINING 43.452.28 square feet and having thereo~ e'ec ed a s ngle fal'nily dwelling with mailing address of 575 Grahams Wood Road, Carlisle, I ennsylvania. BEING a portion of the same premises which Nancy M. McCoy, by Deed dated September 7, 1993 and recorded in the Office of the Recorder of Deeds in anti for Cumberland County at Carlisle, Pennsylvania, in Deed Book "N", Volume 36, Page 268, granted aud conveyed to Russell Wilson, II and Part R. Scbzeft'lerWilson. husband and ~v3fe t?~e ?antors PREMISES: 575 GRAHAM WOODS ROAD yERIFICATION BRANDON SC1UMBATO hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are hue and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. Cfi Sec. 4904 relating to unswom falsification to authorities. · AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) GORDON E. SHERIFF NANCY L. SHERIFF SERVE GORDON E. SHERIFF AT 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 014660 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER $, 2001 SERVED Served and made known to C'I~,~o 5, <~"l~.e~;~.~ ,Defendant, onthe /7 GL' dayof ~¢f~' ,200_1, at 'OK','60 ,o'clock~.m.,at ,~7,5' ~a.{~,-- [~Qe*~' ~ fL,/ C_~[~,'[e.. ,Commonwealth of Pennsylvania, in the manner described below: x'~ Defendant personally served. __ Adult family member with whom Defendant(s) reside(s). Relationship is __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __.Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person m charge of Defendant(s)'s office or usual place of businass. an officer of said Defendant(s)'s company. __.Other: Description: Age ._~O Height c~"/t2 Weight /~/Y Race (AJk .Sex /~ Other I, Q~* R ~ ~o c -.. k, C'~ ~- %/,"J~, 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, issued in the captioned case on the date and at the address indicated above. Sworn to and subs~c~e~d I ANNE G. BORYa~ Uotao/Ptlll~ I before me this ~77' da. vi ChambersblJr~, ,:,qkiCq'C-~LBIl9 I of ~a'~ ,, 200, .] "It Cemmissi~. ,i~~ NOT SERVED On the . day of 200__, at __ Moved Unknown__ No Answer o'clock __.m., Defendant NOT FOUND because: __ Vacant Other: Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) $63-7000 C- AI~FIDAVIT OF SERVICE PLAINTIFF~ COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) GORDON E. SHERIFF NANCY L. SHERIFF SERVE NANCY L. SHERIFF AT 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No, 01-4660 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 5, 2001 SERVED at ~"10a ,o'clock .m.,at of Pennsylvania, in the manner described below: Defendant personally served. X Adult family member with whom Defendant(s) reside(s). Relationship is ~ /4U~'~to~_~ . ~j_~g ~o ~0 ~', 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. Other: an officer of said Defendant(s)'s company. Description: Age 30 Height ,fi/0 Weight //~(~ Race ~(Jfi Sex ~ Other b~a't~ I. 01~ g e~t ~. ~,. Ca~-k~' /~,, a competent adult, being duly sworn according to law, depose and state that I personall handed a true and correct copy of theNotice of Sheriff's Sal~ in the manner as set forth herein, issued in the captioned case on the datey and at the address indicated abovc~ NOTariAL S before me this /~' day ! My CO~mis~:~'--- '.~' z/~L;~;;~ I ~ NOT SERVED On the day of ,200__, at o'clock __.m., Defendant NOT FOUND because: __ Moved __ Unknown No Answer __ Vacant Other: Sworn to and subscribed before me this --. day of ,200 _. Notary: By: Attorne for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SALE DATE: DECEMBER 5, 2001 IN THE COURT OF COIVlMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. VS. GORDON E. SHERIFF NANCY L. SHERIFF No.: 01-4660 AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. ILC.P. 405 OF NOTICE OF SALE Plaintiffin the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 575 GRAHAM WOODS ROAD, CARLISLE, PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. _~E~Ed~ November 30, 2001 ~°~mel f°r Plailiff CUMBERLAND COUNTY COUNTRYWIDE HOME LOANS, INC. VS. No.: 01-4660 GORDON E. SHERIFF NANCY L. SHERIFF SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 2) Plaintiff in the above action, by its attorney, Frank Federman, Esquire, sets forth as of the date the Praeeipe for the Writ of Execution was filed the following information concerning the real property located at 575 GRAHAM WOODS ROAD, CARLISLE, PA 17013: 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) COUNTRYWIDE HOME LOANS, INC. Plaintiff, GORDON E. SI:rERIFF NANCY L. SHERIFF Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-4660 AFFDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) 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 ~575 GRAHAM WOODS ROAD~ CARLISLE~ PA 17013 . Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) GORDON E. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 NANCY L. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and 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 so indicate.) GREEN TREE CONSUMER DISCOUNT CO. 3401 HARTZDALE DRIVE CAMP HILL, PA Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 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 so indicate.) None 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 ICNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NA/VlE LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 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 tree 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 I0, 2001 DATE .~omey for Pla/ MAN, ESQUIRE atiff Countrywide Home Loans, Inc. VS Gordon E. Sheriff and Nancy L. Sheriff In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4660 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 30.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 25.66 Mileage 11.70 Levy 15.00 Advertising 15.00 Certified Mail 4.53 Poundage 12.44 Postpone Sale 20.00 Law Journal 256.10 Patriot News 197.58 $ 634.51 paid by attomey 3 -07-02 Sworn and subscribed to before me This Iq ~ day of ~ 2002, A.D. ~ ~ ~lzl~..~,~-~ Prothonotary R. Thomas Kline, Sheriff Real Estate Deputy COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. GORDON E. SHERIFF NANCY L. SHERIFF Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4660 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 infoimation concerning the real property located at ~575 GRAHAM WOODS ROAD~ CARLISLE~ PA 17013. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) GORDON E. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 NANCY L. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME GREEN TREE CONSUMER DISCOUNT CO. LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 3401 HARTZDALE DRIVE CAMP HILL, PA Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 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 so indicate.) None 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 so indicate.) None Name and address of every other person 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 so indicate.) Tenant/Occupant Domestic Relations of Cumberland County 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Departrnent 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 unsworn falsification to authorities. September 10, 2001 DATE (~ LttNK FED~I~ / ttomey for pl~ MAN, ESQUIRE atiff COUNTRYW~IDE HOME LOANS, INC. Plaintiff, V. GORDON E. SlqERIFF NANCY L. SHERIFF Defendant(s). TO: GORDON E. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 01-4660 ; ; ; ; September 10, 2001 NANCY L. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at ~ 575 GRAHAM WOODS ROAD, CARLISLE~ PA 17013~ is scheduled to be sold at the Sheriffs Sale on DECEMBER 5~ 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $117~792.49 obtained by COUNTRYWIDE HOME LOANS~ INC. (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the MARCH 6, 2002 Sheriff's Sale. 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. 3. 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 OTHF~R RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe 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 Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin 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 SITUATE IN UPPER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING DESCRIBED AS LOT NO. 7 OF THE HOBBYHORSE ACRES SUBDIVISION PREPARED BY DOUGLAS S. BREHM, R.S. DATED JULY 23, 1989, AND RECORDED IN CUMBERLAND~TY PLAN BOOK 60, PAGE 20 AND MORE FULLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN DEDICATED RIGHT OF WAY LINE OF 50 FOOT WIDE GRAHAMS WOOD ROAD (T-448) AT THE DIVIDING LINE BETWEEN LOTS 7 AND I1 ON THE ABOVE- MENTIONED SUBDIVISION PLAN; THENCE ALONG SAID DIVIDING LINE NORTH 88 DEGREES 37 MINUTES 4;5.. SECONDS EAST 166.45 FEET TO A POINT; THENCE ALONG SAME SOUTH 62 DEGREES 58 MINUTES 05 SF,,C;~DS EAST 115.00 FEET TO A POINT; THENCE ALONG SAME SOUTH 12 DEGREES 49 MINUTES 09 SECONDS WEST 182.26 FEET TO A POINT; THENCE ALONG THE DIVIDING LINE BETWEEN LOTS 7 AND 8 ON SAID PLAN NORTH 65 DEGREES 2,t MINUTES 33 SECONDS WEST 256.94 FEET TO A POINT ON THE EASTERN DEDICATED RIGHT OF WAY OF GRAHAMS WOODS ROAD; THENCE ALONG RIGHT OF WAY LINE BY A CURVE TO THE LEFT WITH A RADIUS OF 983.93 FEET TO ARC DISTANCE OF 119.19 FEET TO A POINT, THE PLACE OF BEGINNING. Properly/Address: 575 Graham Woods Road. Carlisle. PA 17013 TAX I. D. # 43-05-0419-031 WRIT OF EXECUTI6N and/or ATFACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumberland To satisfy the debt, interest and costs due NO. COUNTY: Cot]nt _ryw~de Hcrne Loans. Inc. 01-4660 CIVIL I~D( TER,~ CIVIL ACTION - LAW PLAINTIFF(S) from Gordon E. Rh~riff and Nancy L. Sheriff, 575 Graham Woods Road, Carlisle, PA 17013 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Leqal 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/are enjoined from paying any debt l0 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 lhe 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 $117,792.49 frcm 9/10/01 to 12/5/01 (per diem I rite re st Atty's Comm % Atty Paid $!2!~ 85 Plaintiff Paid Due Prothy Other Costs $.50 Date: September 11, 2001 REQUESTING PARTY: Name Frank Federman, Esq. One Penn Center at ~uburban ~tation Address: 1617 -3ob~ F_ We_nn~y P~,~q~v~rd, Suite 1400 pb~=~e!Dhia, pa lq1~q-lR14 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 12248 Curtis R. Long Prothonotary, Civil Division ~ Deputy REAL ESTATE SALE No. ~ On September 17, 2001, the sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA, known and numbered as 575 Graham Woods Rd., Carlisle, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 17, 2001 By: Real Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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 23rd and 30th day(s) of October and the 6th day(s) of November 2001. 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 Da. uphi~/in Miscellaneous Book "M", Volume 14, Page 317. '~//?~1~ PUBL'CA O. ....................... ......................... ....................... COPY Sworn to and . .' ed - m, e~,~ 19th da)/of Noy~ber 2001 A.D. S A L E #38 I NotarlalSeal Ten"/L. Russell, Notary Public My Co~misslon Expires June 6, 2002, I NOI~ARY PUBLIC Me~Yoer, Pennsylvania Assoclatlon o~ Notaries My commission expires June 6, 2002 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 196.08 1.50 197.58 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. 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. 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 12, 19, 26, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general cimulation, 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 tree. BEAL E~TATE ~ NO. 38 Writ No. 2001-4660 Civil Countrywide Home Loans, Inc. VS. Gordon E. Sheriff and Nancy L. Sheriff Atty.: Frank Fedennan ALL THAT CERTAIN tract of land situate in Upper Frankford Town- ship, Cumberland County, Pennsyl- vania, being described aa Lot No. 7 of the Hobbyhorse Acres Subdlvi- sion prepared by Douglnn S. Brehm, R.S. dated July 23, 1989, and re- corded tn Cumberland County Plan Book 60, Page 20 and more fully bounded and described as follows: BEGINNING at a point on the eastern dedicated right of way line of 50 foot wide Grahams Wood Road {T-448) at the dividing line between Lots 7 and 11 on the above- SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER, 2001_ I FIOTARIA[ ~,~ff v] I LOIS E. SNYD~R,t~y Public I I ~xo, c~n~na~C~u~/ / AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) GORDON E. SFIERIFF NANCY L. SHERIFF SERVE GORDON E. SRERIFF AT 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 01-4660 ~MD ACCT. #5650323 Type of Action - Notice of Sheriff's Sale Sale Date: 12/4/02 SERVED Served and made known to Defendant, on the ~ day of ~~c_, 200_, at~,o'clocl~O .m.,at 5~-~ ~------~¢~g'~ ~..~T~S ~d ! C~r,~g.~ ,Commonwealth of Pennsylvania, in the manner described below: _~Defendant personally served. __ Adult family member with whom Defendant(s) reside(s). Relationship is __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: ~:~01~Ae ::~e-} Height~__~"Weightl4~ Race CJ'~ Sex{~e'~ Other Description: g ~ _ I, ~. ~'tf~.[{'~ C`%->I~ac~n~etentadu~t~beingd~sw~macc~rdingt~a~dep~seandstatethat~person`~yhanded a tree and correct copy of the Nc[tice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated abovg~, ~a~ · t.hxlaJ. Jumper, Notary Pu ' Sworn to and subsc~ed [ before me this c'~ g r'~ day/ PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. On the day of Moved Unknown __ 1st Attempt: / / 3rd Attempt: NOT SERVED ,200__, at __ No Answer Time: : o'clock __.m., Defendant NOT FOUND because: Vacant 2"a Attempt: / / Time: / / Time: : Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 AFFIDAVIT OF SERVICE PEAINT1FF COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) GORDON E. SHERIFF NANCY L. SHERIFF SERVE NANCY L. SHERIFF AT 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 01-4660 ACCT. #5650323 Type of Action - Notice of Sheriff's Sale Sale Date: 12/4/02 Serve~ and made known to kl~:~(' k' L,~_~f~-~Defendant, onthe (~ dayof,~200_~ at~o'clock'"~.m.,a~ ~,_~'~¢ {~l'c-x~'~_i~__ [ L~te~"~O_ ~CJ~.i ~ ~'lc'~0 ,Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. ' " ~ ._.~Adult family member with whom Defendant(s) reside(s). Relationship is ~Q~E~.~Ot e)q~u~o~xn~SC- ~' Adult in charge of D efendant(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: De~ Age~_ Heightt_~__~" Weight ]45 Race('~ Sex~) Other i, d_ ompetent adult, being duly sworn according to law, depose and state that l personally handed a t~ and ~orrect-c~3y of the No¥ice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date ard at the address indicated aboveC N~atlal ~ ~ Sworn to and subscri~bed I Cat~,~l°/arY~P~ ~ ~/2~,/~ /~'~ of ~//6t~, ,200~-~ :&.;~,'.ra,-..,gvqeta~--~-r"~ ~ / Notary: ~.~ff~[~ By: ~'/ ~ .... PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. On the day of ,200__, at __ Moved __ Unknown .__ No Answer 1st 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 NOT SERVED o'clock __.m., Defendant NOT FOUND because: Vacant 2nd Attempt: / / Time: FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 COUNTRYWIDE HOME LOANs, INC. ~ORDON E. SHERIFF NANCY L. SHERIFF ATTORNEy FOR PLAINTIFF CUMBERLAND COUNTy COURT OF COMMON PLEAS CIVIL DIVISION : NO. 01-4660 PRAECIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTARy: Kindly enter a Rule upon GORDON E. SHERIFF & NANCY L. SHERIFF, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. anlel G. Schmieg, ~re Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmleg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 COUNTRYWIDE HOME LOANs, INC. ATTORNEy FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION CORDON E. SHERIFF NANCy L. SHERIFF : NO. 01-4660 PLAINTIFF,S PETITION FOR REASSEssM~ET OF DAMAGES Plaintiff, by its Attorney, Daniel G. to direct the Prothonotary to reassess the support thereof avers the following: 1. This is an action in Mortgage Foreclosure in which Judpment was entered by default dated SEPTEMBER 11, 2001 in the amount of $117,792.49. 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 (#01-06438RJW} filed on DECEMBER 4, 2001. Plaintiff Obtained relief from the automatic stay by the Order of Court dated JULy 9, 2002. 2002. 3. The mortgaged premises are listed for Sheriff,s Sale on DECEMBER 4, 4. Additional sums have been incurred or expended on Defendant(s}, behalf during the time the sale was postponed or Schmieg, Esquire, moves the Court damages in this matter, and in stayed, and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount 4/1/01 through 12/4/02 Late Charges Legal fees Cost of Suit and Title Sheriff,s Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit TOTAL 107,476.07 13,988.82 556.96 4,000.00 981.50 1,134.51 239.00 0.00 0.00 3,049.57 $131,426.43 5. Under the terms of the mortgage, Plaintiff is entitled to inclusion of the figures set forth in paragraph four in the amount of judgment against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. Daniel G. Schmieg, ESQUIRE Attorney for Plaintiff -2- FEDERMANAND PHELAN, LLP. by= Daniel a. Schmleg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 COUNTRYWIDE HOME LOANs, INC. vs. CORDON E. SHERIFF NANCY L. SHERIFF ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTy COURT OF COMMON PLEAs CIVIL DIVISION NO. 01-4660 B~RIEF OF LAW IN S~IPPORT ¢,~r PLAINTIFF,S MOTION TO REASSESS DAbiAO~ 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 /ts collateral, the subject premises. In the case su~b ~, 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 REASSESsM]~NT OF DA~A~:~ The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..... In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, ~, 187 Pa.Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mort a e Cot oration of the Southwest v. Good 1988). , 537 A.2d 22, 24 (Pa.Super In Chase Home Mort a e, the Court stated that where a judgment has been assessed following defendant,s failure 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 t e r u o g e s that t , 1 c i lthe judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Realit Com~, 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 Ban~k case that the debt owed on a mortgage Landau v. Western Pa. Nat. 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 826 (1939). Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 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. W~EREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. AND PHELAN, LLP. DANIEL G. SCHMIEG, ESQUIRE ATTORIFEy FOR PLAINTIFF ASMOC_~ATzoN JOS-~?H JEFF~--RSON' and. ' ROSI'~ JEFFF--R£ON, his Wife COURT O? COMMON PLEAS PHiLADMLPIIIA CO.UNTy C_V_...TRTAL DIVISION ~Y TERM, f~98~ AND OPINION WHiT~, j. AND NOW, this "y day of /'f ~ uDo~ ccns!d~a~ion of : ~ ~~ - ' · ~s~ia:ion's Petition for Reconsidera=ion Munc Pro T~nc cf this Court's Order of November 7, ~985 an~ :he Answer of Defendants, Joseph Jefferson and Ros~ Jefferson, i~ hereby'OR.DE~D and DE~REED as ' fol lo~s: ~ ~3 ~-~r='s Order of Nove~ - and ~lain~iffC~ Motig~ofor R'ea~ses~men=.'of --a-n~z.: was r~q~'ired to aca~pt CUrr¢:n= mCr=gage paymen=s u~o~ the f~ling of.Defendants' bankrupt¢:v Pe=i=loh and in fact did so, it is necessary ~o reass¢!ss nhe amount of damages the= £ni~ia!!¥ Were assessed ~f=er judqm~nt by default was' entered in this action.. Secause Defendants have not refuted the specific amounts claimed - ! - · i . / Court find= that De£~n~an=s have pursuant bo Pa. R.C.P. SY TM~.COURT: 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 statements made in the foregoing Petition for Reassessment of Damages that the 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: October 24, 2002 Daniel G. Schmie9' Esquire Attorney for Plaintiff FEDEP~ PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 COUNTRYWIDE HOME LOANs, INC. CORDON E. SHERIFF NANCy L. SHERIFF ATTORNEy FOR PLAINTIFF CUMBERLAND COUNTy COURT OF COMMON PLEAS CIVIL DIVISION : NO. 01-4660 A~FFIDAVIT OF SERVIc~ 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 October 24 2002. GORDON E. SHERIFF NANCY L. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 DATE: October 24, 2002 Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 COUNTRYWIDE HOME LOANS, INC. GORDON E. SHERIFF NANCY L. SHERIFF ATTOR~BY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 01-4660 RULE AND NOW, this ~ day of 7~,,,/, 2002, a Rule is entered upon GORDON E. SHERIFF & N/LNCY L. SHERIFF, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE the day of -- --' BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: COUNTRY~NIDE HOME LOANS, INC. ) ) CIVIL ACTION VS. GORDON E. SHERIFF ) NANCY L. SHERIFF ) CIVIL DIVISION NO, 01-4660 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for COUNTRYWIDE HOME LOANS, INC. hereby verify that on 8/1/02 & 8/7/02 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 8/1/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: November 11,2002 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 7160 3901 9844 9260 0287 TO: NANCY L. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 SENDER: KMD REFERENCE: SALES PS Form 3800, June 2000 RETURN Postage 37 RECEIPT Certified Fee I 2'2,0 SERV,CE i .e,u...e~i..t Fee / Restricted Delivery I Total Postage & Fees ~.~__~ ~ ,7~ ~,~ US Postal Service Receipt for · . ~ \w/2 /~'/ Certmfied Mad I'~ Insum~e C~mge Provided Do Not U~ ~r Intar~fi~l Mall 7160 3901 9844 9260 0270 TO: GORDON E. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE. PA 17013 SENDER: KMD REFERENCE: SALES PS Form ~00, June 2000 RETURN t P¢stage RECEIPT Certified Fee SERVICE Return Receipt Fee J Restricted Delivery I ! Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use Ior International Mail ,37 2.30 1.75 3.50 FEDER14A/qAITD pHEL4~N, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 COUNTRI~WIDE HOME LOANS, INC. vs. ~ORDON E. SHERIFF NANCY L. SHERIFF ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 01-4660 CERTIFICATION OF SERVICE I, Daniel G. schmieg, Esquire, hereby certify' that a copy of the Rule Returnable Date of December 4, 2002 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on November 14, 2002. GORDON E. SHERIFF NANCY L. SHERIFF 575 GRAHAM WOODS ROAD CARLISLE, PA 17013 Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: November 14, 2002 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert p. Ziegle_r, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Countrvwi_de Home Loans Ira: is the grantee the same having been sold to said grantee on the .4th day of_Dec. A.D., 20~02~ under and by virtue ora writ Execu_____ttio_n issued on the 2nd day of_~g_gust, A.D., 2__00_2, out of the Court of Common Pleas of said County as of C_~ivil Term, 2_0001 Number 4__66_0, at the suit of C__ountrywide Homes Lo~_~s In_c against Gord___~on E S~ l, is duly recorded in Sheriff's Deed Book No. 255, Page _34_1. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this c2.3~ cA _day of _ /x~ , A.D. 2~002 Countrywide Home Loans, Inc. VS Gordon E. Sheriff and Nancy L. Sheriff In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4660 Civil Term Brian Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 12, 2002 at 9:17 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Gordon E. Sheriff, by making known unto Gordon Sheriff, at 575 Grahams Woods Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on September 12, 2002 at 8:43 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Nancy L. Sheriff, by making known unto Nancy Sheriff, at 54 West Big Spring Ave., Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on October 2, 2002 at 12:40 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Gordon E. Sheriff and Nancy L. Sheriff located at 575 Grahams Woods Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Gordon E. Sheriff, by regular mail to his last known address of 575 Grahams Woods Road, Carlisle, PA 17013. This letter was mailed under the date of October 1, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Nancy L. Sheriff, by regular mail to her last known address of 54 W. Big Spring Ave., Newville, PA 17241. This letter was mailed under the date of October 1, 2002 and never returned to the Sheriff's 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, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 4, 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Countrywide Home Loans, Inc. It being the highest bid and best price received for the same, Countrywide Home Loans, Inc. of 7105 Corporate Drive, PTX-B35, Plano, TX 75024, being the buyer in this execution paid SheriffR. Thomas Kline the sum of $791.80, it being costs. Sheriff's Costs: Docketing 30.00 Poundage 15.53 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 19.32 Certified Mail 5.10 Levy 15.00 Surcharge 30.00 Law Journal 284.00 Patriot News 232.15 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $791.80 This $t.~ Day of(.~b~.,~, ~h / ~ .~ R. Thomas Kline, Sheriff Prothonotary , Real Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 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 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 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 SALE #10 REAL ESTATE SALE No. 10 Writ No. 2001-4660 Civil Ter~l YS Gordotl E. 8her~f and Nancy L. Sheriff Arty: Frank Federman Dr~cPJ~ION ALL THAT CI~RTAIN tract of land situate in Upper Frankford Town.p, Cumbedand County, Pennsylvania, being described as Lot No.7 of the Hobbyhonte Acm~ suMivision prqxtm:l by Doug~ S. Brehn, R.$. dam:l July 23, 1989, and Page 20 and mom fully bounded and de~ibed as follows: BEGINNING at u point on t~e eastern dedicated right of way line of 50 foot wid~ Gnthams Wood Road (T-448) at t~ dividing 1~ bet~ Lots 7 a,,d 11 ~ t~ abov~ mentioned subdivision plan; thence al~g said dividing line Nor~ 88 deg~es Sworn to and subscribed before rr~t~is 14th day~Nov/e~er 2002 A.D. Notarial Seal //~/~ ~//.~_~/// Tern/L. RUSS~I, Notaly Public /~'/~ .~'/~.--~.~"~/////~/// City Of Harnsburg, Dauphin County q~"..~' ~ ~ // .... My Commission Expires June 6, 2006 [ NOTARY PUBLIC Member, Pennsylvania Associa~n Of Notades 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 $ 230.40 $ 1.75 $ 232.15 37minutcs45sccoadsEastl(~:45fcettoa~oiut; Publisher's Receipt for Advertising Cost ~ ~ 115.~ f~ ~ a ~ ~ publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ~W~t182.2~ma~~ ) receipt of the aforesaid notice and publication costs and ce~ifies that the same have w~t 2~.~ ~to a~t a ~ ~ ~-~-~l~,~m~ By .................................................................... ~ ~aa~ of~;93f~ ~ PRO~ ~D~S: 575 G~ W~ R~ ~is~ PA ~7013 R~II R. ~ H ~ ~ R. ~n, ~ ~ ~ to ~n E. 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. 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. 10 Writ No. 2001 4660 Civil Countrywide Home Loans, Inc. VS. Gordon E. Sheriff and Nancy L. Sheriff Atty.: Frank Federman ALL THAT CERTAIN tract of land situate in Upper Frankford Town ship. Cumberland County, Pennsyl- vania, being described as Lot No. 7 of the Hobbyhorse Acres Subdivision prepared by Douglas S. Brehm, R.S. dated July 23, 1989, and recorded in Cumberland County Plan Book 60, Page 20 and more fully bounded and described as follows: BEGINNING at a point on the eastern dedicated right of way line of 50 foot wide Grahams Wood Road .(T-~448~) at }h,e ,di~vi._di.n~g~ li~e~et~e~c~n ditor -- SWORN TO AND SUBSCRIBED before me this 8 day of NOVEMBER, 2002 ~e~.scribed as follows: BEGINNING at a point on the eastern dedicated right of way line of 50 foot wide Grahams Wood Road (T-4481 at the dividing line between Lots 7 and 11 on the above-men- tioned subdivision plan; thence along said dividing line North 88 degrees 37 minutes 45 seconds East 166.45 feet to a point; thence along same South 62 degrees 58 winutes 05 seconds East 115.00 feet to a point; thence along same South 12 degrees 49 minutes 09 seconds West 182.26 feet to a point: thence along the dividing linc between Lots 7 and 8 on said Plan North 65 de- grees 23 minutes 33 seconds West 256.94 feet to a point on the east- ern dedicated right of way of thence along Grahams Woods Road: to the right of way line by a curve left with a radius of 983.93 feet to arc distance of 119.19 feet to a point, the place of beginning. Property AddresS: 575 Graham Woods Road, carlisle, PA 17013- Tax I.D. #43 05_0419-031. Vesting information: Vested by Warranty Deed, dated 6, iven by Russell R. Wtl- 9/30/.9angd Part R. Schreffler Wil son. husband and wife to Gordon E. Sheriff and Nancy L. Sheriff, husband arid wife and recorded 10/ 1/96 in Liber Book: 146 page: 943.