HomeMy WebLinkAbout07-2352PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
DANIEL G. SCHMIEG, ESQ., Id. No. 62205
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000 153343
ABN AMRO MORTGAGE GROUP, INC.
7159 CORKLAN DRIVE
JACKSONVILLE, FL 32258-4455
V.
Plaintiff
RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
Defendant
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. 07-?3s? l..tvL I?
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #e: 153343
NOTICE
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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
File #: 153343
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
File #: 153343
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.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A
DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT
A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON
REAL ESTATE.
File #: 153343
1. Plaintiff is
ABN AMRO MORTGAGE GROUP, INC.
7159 CORKLAN DRIVE
JACKSONVILLE, FL 32258-4455
2. The name(s) and last known address(es) of the Defendant(s) are:
RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 02/07/2003 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 Book: 1795, Page: 3375. The mortgage
and assignment(s), if any, are matters of public record and are incorporated herein by
reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its
obligations to attach documents to pleadings if those documents are of public record.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 12/01/2006 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.
File #: 153343
6.
The following amounts are due on the mortgage:
Principal Balance $88,342.18
Interest $2,526.48
11/01/2006 through 04/23/2007
(Per Diem $14.52)
Attorney's Fees $1,325.00
Cumulative Late Charges $93.12
02/07/2003 to 04/23/2007
Cost of Suit and Title Search 750.00
Subtotal $93,036.78
Escrow
Credit $0.00
Deficit $416.33
Subtotal $416.33
TOTAL $93,453.11
7
8.
If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may
be less than the amount demanded based on work actually performed. The attorney's fees
requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its
right to collect attorney's fees up to 5% of the remaining principal balance in the event the
property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the
action requires additional fees in excess of the amount demanded in the Action.
Plaintiff is not seeking a judgment of personal liability (or an in personam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
File #: 153343
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's
Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or
Notice of Default as required by the mortgage document, as applicable, have been sent to
the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by
said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff
or an authorized consumer credit counseling agency, or has/have been denied assistance
by the Pennsylvania Housing Finance Agency.
10. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum
of $93,453.11, together with interest from 04/23/2007 at the rate of $14.52 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.
PHELAN HALLINAN & SCHMI P
By: /s/F ancis S. Hal in
LAWRENCE T. PHELAN, ESQUIRE
DANIEL G. SCHMIEG, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 153343
(P.,5
b5q? 1)
when recorded mail to:
ABN AMRO MORTGAGE GROUP, INC.
P.O. BOX 5064
TROY, MICHIGAN 48084
ATTN:PINAL/TRAILING DOCUMENTS
T P. Z I E G L E P
DER Or DEEDS
OP
,t3ERLAND COUNTY-T,'.
'03 FEB 11 AR 8 49
LO 1r 63364841
[Space Above This Line For Recording Data[
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13,
18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16.
(A) `.`Security Instrument" means this document, which is dated FEBRUARY 7, 2003,
together with a11 Riders to this document.
(B) "Borrower" is RANDALL W. KELLER,.
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is ABU AMRO MORTGAGE GROUP, INC.
Lender is a CORPORATION
Of DELAWARE.
BEAVER RD., TROY, MICHIGAN 48084.
Lender is the mortgagee under this Security Instrument.
organized and existing under the taws
Lender's address is 2600 w. BIG
PENINSYLVANIA-Sinyle Family-Familc MadFrWdie Mac UNIFORM INSTRUMENT
Fonn 3039 1101 Page 1 of 115
Initials:
PAUDEED PAUDEDL 0109
BKI795PG3375
LOAN Its 633164841
(D) "Nate" means the promissory note signed by Borrower and dated FEBRUARY 7, 2003.
The Note states that Borrower owes Lender ***ONE HUNDRED THOUSAND SIX HUNDRED FIVE AND
NO1100******************************************Dollars(U.S. $100,605.00 )
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not
later than mAReH 1, 2023.
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property. "
M "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due
under the Note, and all sums due under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders
are to be executed by Borrower [check box as applicable]:
0 Adjustable Rate Rider 0 Condominium Rider O Second Home Rider
Balloon Rider Q Planned Unit Development Rider D Other(s) [specify]
014 Family Rider =Biweekly Payment Rider
(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances
and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable
judicial opinions.
(1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners association or
similar organization.
(J) "Electronic Funds Transfer" means anytransfer offunds, other than a transaction originatedby check, draft,
or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer,
or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term
includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by
telephone, wire transfers, and automated clearinghouse transfers.
(IC) "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage
to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii)
conveyance inlieu ofcondemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition
of the Property.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the
Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note,
plus (ii) any amounts under Section 3 of this Security Instrument.
(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing
regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or
successor legislation or regulation that governs the same subject matter. As used in this Security Instrument,
"RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally rela ortgage
loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA.
Initialss
PENNSYLVANIA-Single Family-Famade Mae/Freddie Mac UNIFORM INSTRUMENT
Form 3039 1101 Page 2 of 15 PAUDEDL
BKI795PG3376
LOAN t: 633164841
(P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that
party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security
Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the
following described property located in the COUNTY (Type ofR6cording Jurisdiction] of
CUMBERLAND [Name of Recording Jurisdiction]:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF.
which currently has the address of 118 WESLEY DRIVE, MECHANICSBURG,
Istreetl (City]
Pennsylvania 17055 ("Property Address"):
]Zip code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered bythis Security Instrument. All ofthe foregoing is referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right
to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of
record. Borrowerwarrants and will defend generally the title to the Propertyagainst all claims and demands, subject
to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants
with limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower
shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges
and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments
due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other
instrument received by Lender as payment under the Note or this Security Instrument is returned to npaid,
Initials:
PENNSYLVANIA-Singk Family--Fannie Mae/Freddie Mae UNIFORM INSTRUMENT
Foray 30391/01 Page 3 of 15 PAUDEDL
BK i 795PG3377
LOAX It: 633164841
Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made
in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank
check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits
are insured by a federal agency, instrumentality, or entity, or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return
any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender
may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights
hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not
obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as
of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied
funds until Borrower makespayment to bring theLoan current. If Borrowerdoes not do sowithin areasonable period
of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be
applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim
which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due
under the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note;
(b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic
Payment in the order in which it became due. Any remaining amounts steal I be applied first to late charges, second
to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If
more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the
repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that
any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess
may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges
and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note
shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the
Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) takes and
assessments and other items which can attain priority over this Security instrument as a lien or encumbrance on
the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance
requiredbyLender under Section 5; and (d) Mortgagelnsurance premiums, ifany, orany sums payablebyBorrower
to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10.
These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may
require that Community Association Dues, Fees, and Assessments, if any, beescrowed by Borrower, and such dues,
fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts
to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's ion to
pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing I nt
initials:
PENNSYLVANIA--Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT
Fern 30391/81 Page 4 of 15 PAUDEDL
6K 1795PG3378
LOAN /: 633164841
of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for
which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts
evidencing such payment within such time period as Lender may require. Borrower's obligation to make such
payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this
Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay
Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender
may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section
9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by
a notice givewin accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds,
and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds
at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA.
Lender shall estimate the amount of Funds due on thebasis of current data and reasonable estimates of expenditures
of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or
entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan
Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender
shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying
the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lendcr io make
such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,
Lender shalt not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree
in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an
annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for
the excess funds inaccordance with RESPA. Ifthereis a shortageofFunds held in escrow, as defined under RESPA,
Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to
make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency
of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and
Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in
no more than 12 monthly payments.
Upon payment in full ofall sums secured bythis Security Instrument, Lendershall promptly refund to Borrower
any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable
to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the
Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items
are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:
(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only
so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against
enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the
lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the
holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender
determines that any part of the Property is subject to a lien which can attain priority over this Securitj?lnent,.
Initials: 1l C
PENNSYLVANIA-Single Family--Faulde Mae/Freddie Mac UNIFORM INSTRUMENT -F?-
Fonu 3039 1101 Page 5 of 15 PAUDEDL
BKI795PG3379
LOAN #s 633164841
Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given,
Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service
used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage," and anyother hazards
including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall
be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender
requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier
providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice,
which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan,
either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time
charge for flood zone determination and certification services and subsequent charges each time remappings or
similar changes occur which reasonably might affect such determination or certification. Borrower shall also be
responsiblefor thepayment ofany fees imposedby the Federal Emergency Management Agency in connection with
the review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage,
at Lender's option andBorrower's expense. Lender isunder no obligation to purchase any particular type oramount
of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's
equity in the Property, orthe contents of the Property, against any risk, hazard or liability and might provide greater
or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage
so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts
disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security
Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,
with such interest, upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to
disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or
as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender
requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower
obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the
Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an
additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrierand Lender. Lender may make
proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any
insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to
restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is
not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance
proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds
for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.
Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds,
Lender shall not be required to pay Borrower any interest orearnings on such proceeds. Fees for public adjusters,
or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and s the sole
Initials:
PENNSYLVANIA-Single Family-Faude Mae/Freddie Mac UNIFORM INSTRUMENT
Form 30391/01 Page 6 of 15 PAUDEDL
nuI795POO
LOAN #1 633164841
obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be
lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not
then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided
for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and
related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier
has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when
the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower
hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts
unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right
to any refund ofunearned premiums paid by Borrower) under all insurance policies covering the Property, insofar
as such rights are applicableto the coverage of the Property. Lender may use the insuranceprocceds eitherto repair
or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then
due.
6. Occupancy, Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as
Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in
writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are
beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,
damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not
Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from
deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair
or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further
deterioration or damage. Ifinsurance orcondemnation proceeds are paid in connection with damage to, or the taking
of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released
proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or
in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not
sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration.
Lender or its agent maymake reasonable entries uponand inspectionsofthe Property. If it has reasonable cause,
Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time
of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent
gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender
with material'information) in connection with the Loan. Material representations include, but are not limited to,
representations concerning Borrower's occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument, if (a)
Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal
proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security
Instrument (such as a proceeding in bankruptcy, probate, for condemution or forfeiture, for enforcement of a lien
which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) B r has
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abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's
interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value
of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to:
(a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and
(c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security
Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not
limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or otl:
Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty
or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under
this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by
this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall
be payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If
Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to
the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the
Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously
provided such insurance and Borrower was required to make separately designated payments toward the premiums
for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to
the Mortgage Insurancepreviously ineffect, ata cost substantially equivalent to the cost toBonrower oftheMortgage
Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent
Mortgage Insurance coverage isnot available, Borrower shall continue topay to Lenderthe amount ofthe separately
designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and
retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required
to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments
if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer
selected by Lender again becomes available, is obtained, and Lender requires separately designated payments
toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making
the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage
Insurance, Borrower shallpay the premiums required to niaintainMortgage Insurance in effect, ortoprovide a non-
refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written
agreement between Borrower and Lender providing for such termination or until termination is required by
Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the
Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur
if Borrower does not repay the Loan as agreed Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate theirtotal risk on all such insurance inforce from time to time, and may enter into
agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and
conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agree
s e
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agreements may requirethe mortgage insurer to make payments using anysource of funds that the mortgage insurer
may have available (which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other
entity, or any affiliate ofany ofthe foregoing, may receive (directly or indirectly) amounts thatderive from (or Might
be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or
modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender
takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is
often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe
for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage
Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right
to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance. To have the
Mortgage insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance
premiums that were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to
and shall be paid to Lender.
Ifthe Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair ofthe Property,
if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and
restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an
opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that
such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single
disbursement or in a series of progress payments as the work is completed Unless an agreement is made in writing
or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay
Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically
feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured
by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous
Proceeds shall be applied in the order provided for in Section 2.
Inthe event ofatotal taking, destruction, or loss invalue ofthe Property, the Miscellaneous Proceeds shall be applied
to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the
Property immediately before the partial taking, destruction, or loss in value is equal to or greater thanthe amount of the
sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the
amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured
immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of
the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums
secured immediatelybefore the partial taking, destruction, or loss invalue, unless Borrower and Lender otherwise
agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security ent
whether or not the SUMS are then due.
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PENNSYLVANIA-Sindk Family-Famde MaMFreddie Mac UNIFORM INSTRUMENT
Fom?303391101 Page 9 of 15 PAUDEDL
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LOAN is 633164841
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party
(as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond
to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the
Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security
Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous
Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's
judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property
or rightsunderthis Security Instrument. Borrowercan cure such a defaultand, ifacceleration has occurred, reinstate
as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's
judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or
rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the
impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the
order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any
Successor is Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest
of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower
or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security
Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any
forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of
payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then
due, shall not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs
this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument
only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security
Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that
Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to
the terms of this Security Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's
rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and
liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and
agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and
assigns of Lender.
14. Loan Charges Lender may charge Borrower fees for services performed in connection with Borrower's
default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,
including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees,
the absence ofexpress authority in this Security Instrument tocharge a specific feeto Borrowershall notbeconstrued
as a prohibition on the charging ofsuch fee. Lender may notcharge fees that are expresslyprohibited bythis Security
Instrument or by Applicable Law. OK-_
PENNSYLVANIA-Single Family-Fmude Mae/Freddie Mac UNIFORM INSTRUMENT
Farm 3039 1/01 Page 10 of 15 PAUDF.DL
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If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower.
Lendermaychoose to make this refundby reducingthe principalowed under the Noteorby making adirect payment
to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any
prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance
of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower
might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in
writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given
to Borrower when mailed by fast class mail or when actually delivered to Borrower's notice address if sent by other
means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires
otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice
address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender
specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of
address through that specified procedure. There may be only one designated notice address under this Security
Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail
to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice
in connection with this Security Instrument shall notbe deemed to have been given to Lender until actually received
by Lender. Ifany notice required by this Security Instrument is also required under Applicable Law, the Applicable
Law requirement will satisfy the corresponding requirement under this Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by
federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained
in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law
might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not
be construed as aprohibition against agreement by contract. In the event that any provision or clause ofthis Security
Instrument orthe Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security
Instrument or the Note which can be given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding
neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice
versa; and (c) the word "may" gives sole discretion without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest
in the Property" means any legal orbenefrcial interest in the Property, including, but not limited to, those beneficial
interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent
of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,
Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
whi mower
period ofnotlessthan30daysfromthedatethenoticeisgiveninaccordancewithSection 15within
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PENNSYLVANIA--Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
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must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration
of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or
demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower
shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest
of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b)
such other period as Applicable law might specify for the termination of Borrower's right to reinstate; or (c) entry
of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums
which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures
any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security
Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and
other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security
Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property
andrightsunderthis Securitylnstrument, and Bonower'sobligation topaythesunusecuredbythis Security Instrument,
shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more
ofthe following forms, as selededby Lender: (a) cash; (b) money order, (c) certified check, bankcheck, treasurer's check
or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument
and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to
reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note
(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might
result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note
and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security
Instrument, and Applicable Law. There also might be one or more changes ofthe Loan Servicer unrelated to a sale
of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which
will state the name and address of the new Loan Servicer, the address to which payments should be made and any
other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and
thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing
obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are
not assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual
litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or
that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security
Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with
the requirements of Section 15) of such alleged bleach and afforded the other party hereto a reasonable period after
the givingofsuch notice to take correctiveaction. IfApplicable Lawprovidesa time periodwhich must elapsebefore
certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The
notice ofacceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice ofacceleration
given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
defined as toxic or hazardous substances, pollutants, or wastesbyEnvironmental Law and the followi stances:
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PENNSYLVANIA-Single Family-Famde Mae/Freddie Mac UNIFORM INS-rRUMENT
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gasoline, kerosene, otherflanunable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means
federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental
protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as
defiled in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause,
contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release ofany Hazardous Substances,
or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone
else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an
Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a
condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the
presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized
to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to,
hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other
action by any governmental or regulatory agency or private party involving the Property and any Hazardous
Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition,
includingbut not limited to, anyspilling, leaking, discharge, releaseor threatof release ofany Hazardous Substance,
and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the
value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private
party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,
Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing
herein shall create any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower.and Lender further covenant and agree as follows:
22. Acceleration;Remedk-&LxndershallgivenotieetoBorlowerpriortoaccelerationfollowingBorrower's
breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18
unless Applicable Lawprovides otherwise). Lendershall notify Borrowerof, among other things: (a) the default;
(b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the
default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by
judicial proceeding and saleor the Property. Lender shall further inform Borrowcr of the right to reinstate after
acceleration and the nightto assert in theforeclommproceedingthenon-existence ofa default oranyother defense
of Borrower to acceleration and foreclosure. If the default is not cured as specked, Lender at its option may
require immediate payment in full of all sums secured by this Security Instrument without further demand and
may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses
incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and
costs of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, "Security instrument and the
estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this
Security Instrument. Borrower shall payany recordation costs. Lender may charge Borrower afee for releasing this
Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is
permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects
in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present o laws
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PENNSYLVANIA-Single Family-Fannie MaefFreddle Mac UNIFORM INSTRUMENT 41
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providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead
exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior
to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower
to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered
on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
BY SIGNING BELOW, Borrower accepts and agr the terms and covenants contained in this Security
instrument and in any Rider execut by Borrower and re orded with it.
?4/ W vv
eal)
DALL W. KELLER
PENNSYLVANIA--Single Family--Fannie Mae/Froddie Mac UNIFORM INSTRUMENT
Fonn 30391/01 Page 14 of 15
PAUDEDL
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LOAN #t 633164841
Certificate of side
1, 1kVX MGM
do hereby certify that the correct address of the within-named Mortgagee iS 2600 W. BIG BEAVER
RD._, TROY, MICHIGAN 48084
my hand this ' I- ` day of
Agent of Mortgagee
Commonwealth of PENNSYLVANIA l
County oft C,l M 66C t,--9
?/
On this the ? day of IWVL!?/..2a before me, e- eyloe1 A
M 0 , the undersigned officer, personally appeared
RANDALL W. KELLER,
known to we (or satisfactorily proven) to be the person whose name
subscribed to the within instrument and acknowledged that
executed the same for the purposes therein contained.
In witness whereof I hereunto set my h§Ad, aad official seal. .,...« ? ....,
My commission expires:
NOTARIAL SEAL. , IO
ELIZABETH A. MOTTER, Notary Public /V
Camp Hill Boro, Cumberland County Title of
My Commission Expires Dec. 15, 2003
Member, Pennsylvania Association of Notaries
PENNSYLVANIA-Single Family-Fannie M2e/Frcddte Mm UNIFORM INSTRUMENT
Fore, 3039 1101 Page 15 of 15
`.
icer
Initials:
PAUDEDL
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EXHIBIT "A" • MORTGAGE LEGAL
ALL THAT CERTAIN lot or parcel of land in the Township of Lower Allen, County of Cumberland and
Coinmonwealth of Pennsylvania, as shown on the survey dated January 31, 1959, by DP Raffensperfer, RS,
more fully described as follows:
BEGINNING at a point in the southerly side of Wesley Drive, a distance of 691.425 feet East of the southeast
corner of Windsor Boulevard and Wesley Drive; thence South 45 degrees 17' East along the southerly side of
Wesley Drive, a distance of 75.005 feet to a point; thence South 45 degrees 22' West, along the division line
between Lots Nos. 31 and 32 on the hereinafter mentioned Plan of Lots, a distance of 112.27 feet to a point;
thence North 44 degrees 38' West, along the division line between Lots Nos. 12 and 31, a distance of 75 feet to
a point; thence North 45 degrees 22' East along the division line between Lots Nos. 31 and 30, a distance of
111.42 feet to a point in the southerly side of Wesley Drive, the place of beginning.
BEING LOT NO. 31, Block "C", Plan No. 1, Windsor Park, as recorded in Plan Book 10, Page 18 of the
Cumberland County Recorder of Deeds Office.
HAVING THEREON erected a dwelling house known as 118 Wesley Drive.
PARCEL NO. 13-23-0559-067
I Certify this to be recorded
In Cumberland County PA
Ck.
f•
O
' '• Recorder of Deeds
TN\u
(Keller_pfdlKELLER/21 )
8K1795PG3390
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or parcel of land in the Township of Lower Allen, County of
Cumberland and Commonwealth of Pennsylvania, as shown on the survey dated January 31,
1959, by DP Raffensperfer, RS, more fully described as follows:
BEGINNING at a point in the southerly side of Wesley Drive, a distance of 691.425 feet East of
the southeast corner of Windsor Boulevard and Wesley Drive; thence South 45 degrees 17
minutes East along the southerly side of Wesley Drive, a distance of 75.005 feet to a point;
thence South 45 degrees 22 minutes West, along the division line between Lots Nos. 31 and 32
on the hereinafter mentioned Plan of Lots, a distance of 112.27 feet to a point; thence North 44
degrees 38 minutes West, along the division line between Lots Nos. 12 and 31, a distance of 75
feet to a point; thence North 45 degrees 22 minutes East along the division line between Lots
Nos. 31 and 30, a distance of 111.42 feet to a point in the southerly side of Wesley Drive, the
place of beginning.
BEING LOT NO. 31, Block'C', Plan No. 1, Windsor Park, as recorded in Plan Book 10, Page 18
of the Cumberland County Recorder of Deeds Office.
HAVING THEREON erected a dwelling house known as 118 Wesley Drive.
PARCEL NO. 13-23-0559-067
PROPERTY BEING: 118 WESLEY DRIVE
File #: 153343
FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF
in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not
be obtained within the time allowed for the filing on the pleading, that he is authorized to make this
verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil
Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and
correct to the best of his knowledge, information and belief.
The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S.
Sec. 4904 relating to unworn falsification to authorities.
,-I) kgt4'4--
FRANCIS S. HALLINAN, ESQUIRE
Attorney for Plaintiff
DATE: 04/ 1t-731M
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too
PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
ABN AMRO MORTGAGE GROUP, INC.
7159 CORKLAN DRIVE
JACKSONVILLE, FL 32258-4455
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
V.
RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
CIVIL DIVISION
NO. 07-2352
Defendant(s).
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter an in rem judgment in favor of the Plaintiff and against RANDALL W. KELLER,
Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof
and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows:
As set forth in Complaint
Interest from 04/24/07 to 05/30/07
TOTAL
$93,453.11
$537.24
$93,990.35
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 Ryt 237.1, copy attached.
DANIEL G. SCHMII
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: t 2007
RO PROTHY
153343 ?'
PHELAN HALLINAN & SCHMIEG, LLP
By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Philadelphia, PA 19103
(215) 563-7000
ABN AMRO MORTGAGE GROUP, INC. : COURT OF COMMON PLEAS
Plaintiff
Vs.
RANDALL W. KELLER
Defendants
CIVIL DIVISION
ILV
CUMBERLAND COUNTY
NO. 07-2352 CIVIL TERM
TO: RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
DATE OF NOTICE: MAY 17- 2007
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS
ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
1
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800)990-9108
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
ABN AMRO MORTGAGE GROUP, INC.
7159 CORKLAN DRIVE
Plaintiff,
V.
RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-2352
VERIFICATION OF NON-MILITARY SERVICE
DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that on information and belief, he has knowledge of the following facts,
to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United States
or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress
of 1940, as amended.
(b) that defendant RANDALL W. KELLER is over 18 years of age and resides at,
118 WESLEY DRIVE, MECHANICSBURG, PA 17055.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Attorney for Plaintiff
b
715,
0-rt
C ,
I %I
(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ABN AMRO MORTGAGE GROUP, INC.
7159 CORKLAN DRIVE
Plaintiff,
V.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-2352
RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
Defendant(s).
Notice is given that a Judgment in the above-captioned matter has been entered against you on
Jul: 200fl.
By:
If you have any questions concerning this matter, please contact:
Attorney for Plaintiff U
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
"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.
PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
ABN AMRO MORTGAGE GROUP, INC.
Plaintiff,
V.
RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-2352
CERTIFICATION
DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
( ) non-owner occupied
( ) vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Attorney for Plaintiff
_ co
ABN AMRO MORTGAGE GROUP, INC.
Plaintiff,
V.
RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-2352
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by its attorney, DANIEL G.
SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at ,118 WESLEY DRIVE,
MECHANICSBURG, PA 17055.
1. Name and address of Owner(s) or reputed Owner(s):
Name
RANDALL W. KELLER
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
MEMBERS 1sT FEDERAL CREDIT
UNION
5000 LOUISE DRIVE
MECHANICSBURG, PA 17055
5. Name and address of every other person who has any record lien on the property:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities.
May 30, 2007
DATE ANIEL G. SC MI G, ESQUI
Attorney for Plaintiff (?)
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(717) 249-3166
(800) 990-9108
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
ABN AMRO MORTGAGE GROUP, INC.
Plaintiff,
V. ,
No. 07-2352
RANDALL W. KELLER .
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
$93,990.35
$ 1,591.50
$1,514.10 and Costs
$97,095.95
One Penn Center at Suburban Stat
1617 John F. Kennedy Boulevard,
Philadelphia, PA 19103-1814
Attorney for Plaintiff
Note: Please attach description of property.No.
1400
IMPORTANT NOTICE: This property is sold at the direction of the
plaintiff. It may not be sold in the absence of a representative of
the plaintiff at the Sheriff's Sale. The sale must be postponed or
stayed in the event that a representative of the plaintiff is not
present at the sale.
Amount Due
Add'1 cost
Interest from 05/30/07 to SEPTEMBER 5, 2007
(per diem -$15.45)
TOTAL
153343
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f EXHIBIT "N'- MORTGAGE LEGAL
ALL THAT CERTAIN lot or parcel of land in the Township of Lower Allen, County of Cumberland and
Coiinmonwealth of Pennsylvania, as shown on the survey dated January 31, 1959, by DP Raffensperfer, RS,
more fully described as follows:
BEGINNING at a point in the southerly side of Wesley Drive, a distance of 691.425 feet East of the southeast
corner of Windsor Boulevard and Wesley Drive; thence South 45 degrees 17' East along the southerly side of
Wesley Drive, a distance of 75.005 feet to a point; thence South 45 degrees 22' West, along the division line
between Lots Nos. 31 and 32 on the hereinafter mentioned Plan of Lots, a distance of 112.27 feet to a point;
thence North 44 degrees 38' West, along the division line between Lots Nos. 12 and 31, a distance of 75 feet to
a point; thence North 45 degrees 22' East along the division line between Lots Nos. 31 and 30, a distance of
111.42 feet to a point In the southerly side of Wesley Drive, the place of beginning.
BEING LOT NO. 31, Block "C", Plan No. 1, Windsor Park, as recorded in Plan Book 10, Page 18 of the
Cumberland County Recorder of Deeds Office.
HAVING THEREON erected a dwelling house known as 118 Wesley Drive.
PARCEL NO. 13-23-0559-067
TITLE TO SAID PREMISES IS VESTED IN RANDALL W. KELLER, MARRIED
MAN, LEGALLY SEPARATED, AS SOLE OWNER, BY DEED FROM DAISY B.
JACKSON AND DENNIS O. JACKSON AND DEANNA G. HASKELL, TRUSTEES
OF THE JACKSON FAMILY IRREVOCABLE TRUST DATED OCTOBER 27, 2002,
BY DENNIS O. JACKSON AS CO-TRUSTEE, DATED 02/05/2003, RECORDED
02/11/2003, IN DEED BOOK 255, PAGE 3612.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-2352 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s)
From RANDALL W. KELLER
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $93, 990.35
L.L. $.50
Interest FROM 5/30/07 TO 9/5/07 (PER DIEM - $15.45) -- $1,514.10 AND COSTS
Atty's Comm %
Atty Paid $157.56
Plaintiff Paid
Date: JUNE 1, 2007
Due Prothy $2.00
Other Costs $1,591.50
(Seal)
REQUESTING PARTY:
Name DANIEL G. SCHMIEG, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Deputy
Supreme Court ID No. 62205
ABN AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY
Plaintiff,
V. No. 07-2352
RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
Defendant(s).
May 30, 2007
TO: RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
"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
ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * *
Your house (real estate) at, 118 WESLEY DRIVE, MECHANICSBURG, PA 17055, is
scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland
County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of
$93,990.35 obtained by ABN AMRO MORTGAGE GROUP, 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.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
EXHIBIT "A" - MORTGAGE LEGAL
ALL THAT CERTAIN lot or parcel of land in the Township of Lower Allen, County of Cumberland and
Cdininerrwealth of Pennsylvania, as shown on the survey dated January 31, 1959, by DP Raffensperfer, RS,
more fully described as follows:
BEGINNING at a point in the southerly side of Wesley Drive, a distance of 691.425 feet East of the southeast
comer of Windsor Boulevard and Wesley Drive; thence South 45 degrees 17' East along the southerly side of
Wesley Drive, a distance of 75.005 feet to a point; thence South 45 degrees 22' West, along the division line
between Lots Nos. 31 and 32 on the hereinafter mentioned Plan of Lots, a distance of 112.27 feet to a point;
thence North 44 degrees 38' West, along the division line between Lots Nos. 12 and 31, a distance of 75 feet to
a point; thence North 45 degrees 22' East along the division line between Lots Nos. 31 and 30, a distance of
111.42 feet to a point in the southerly side of Wesley Drive, the place of beginning.
BEING LOT NO. 31, Block "C", Plan No. 1, Windsor Park, as recorded in Plan Book 10, Page 18 of the
Cumberland County Recorder of Deeds Office.
HAVING THEREON erected a dwelling house known as 118 Wesley Drive.
PARCEL NO. 13-23-0559-067
TITLE TO SAID PREMISES IS VESTED IN RANDALL W. KELLER, MARRIED
MAN, LEGALLY SEPARATED, AS SOLE OWNER; BY DEED FROM DAISY B.
JACKSON AND DENNIS O. JACKSON AND DEANNA G. HASKELL, TRUSTEES
OF THE JACKSON FAMILY IRREVOCABLE TRUST DATED OCTOBER 27, 2002,
BY DENNIS O. JACKSON AS CO-TRUSTEE, DATED 02/05/2003, RECORDED
02/11/2003, IN DEED BOOK 255, PAGE 3612.
Q
F ryFri
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-02352 P
COMMONWEALTH O PENNSYLVANIA:
COUNTY OF CUMB RLAND
ABN AMRO MORTGAGE GROUP INC
S
KELLER RANDALLIW
MICHAEL BARRIC
Cumberland Cou.
says, the with
KELLER RANDALL
Sheriff or Deputy Sheriff of
ty,Pennsylvania, who being duly sworn according to law,
n COMPLAINT - MORT FORE was served upon
the
DEFENDANT 1, at 1931:00 HOURS, on the 26th day of April , 2007
at 118 WESLEY DRIVE
MECHANICSBURG, PA 17055
by handing to
a true and att4ted copy of COMPLAINT - MORT FORE
together with
and at the sameltime directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
?jzq/o 7
Sworn and Subsc
before me this
of
So Answers:
18.00
10.56
?.
.{1.`c:
°r
00
10.00 R. Thomas Kline
00
38.56 04j27/2007
PHELAN HALLINAN SCHMIEG
e d to By-
Deputy Sheriff
day
A. D.
PHELAN HALLMAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
ABN AMRO Mortgage Group, Inc.
Plaintiff
VS.
Randall W. Keller
Defendant
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
: Civil Division
: Cumberland County
No. 07-2352 Civil Term
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the
Prothonotary to amend the judgment in this matter, and in support thereof avers the following:
1. Plaintiff commenced this foreclosure action by filing a Complaint on April 24,
2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit
"A„
2. Judgment was entered on June 1, 2007 in the amount of $93,990.35. A true and
correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as
Exhibit "B".
3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment
containing a dollar amount must be entered for the amount claimed in the complaint and any item
which can be calculated from the complaint, i.e. bringing the interest current. However, new items
cannot be added at the time of entry of the judgment.
4. The Property is listed for Sheriffs Sale on September 5, 2007. However, in the
event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue
the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3.
5. Additional sums have been incurred or expended on Defendant's behalf since the
Complaint was filed and Defendant has been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance $88,342.18
Interest Through 09/05/07 4,475.19
Per Diem $14.52
Late Charges 93.12
Legal fees 1,475.00
Cost of Suit and Title 1,039.00
Sheriffs Sale Costs 0.00
Property Inspections 60.00
Appraisal/Brokers Price Opinion 85.00
Mortgage Ins. Premium/Private 234.75
Mortgage Insurance
NSF (Non-Sufficient Funds charge) 0.00
Suspense/Misc. Credits 0.00
Escrow Deficit 1,543.98
TOTAL $97,348.22
6. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to
inclusion of the figures set forth above in the amount of judgment against the Defendant.
8. Plaintiff's foreclosure judgment is in rem only and does not include personal
liability, as is addressed in Plaintiff's attached brief.
9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of
its proposed Motion to Reassess Damages and Order to the Defendant on July 13, 2007 and
requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant.
A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and postmarked
certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "C".
10. No Judge has previously entered a ruling in this case.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Date:. yC rf 161
Phelan Hallinan & Schmieg, LLP
By:
Vchele
M. WBArachorA, Esquire
Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
ABN AMRO Mortgage Group, Inc. Court of Common Pleas
Plaintiff : Civil Division
vs. : Cumberland County
Randall W. Keller : No. 07-2352 Civil Term
Defendant
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
1. BACKGROUND OF CASE
Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real
estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became
due. Plaintiffs Note was secured by a Mortgage on the Property located at Mechanicsburg, PA
17055,. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance
any necessary sums, including taxes, insurance, and other items, in order to protect the security of
the Mortgage.
In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous,
promised monthly mortgage payments. Accordingly, after it was clear that the default would not be
cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently
entered by the Court, and the Property is currently scheduled for Sheriffs Sale.
Because of the excessive period of time between the initiation of the mortgage foreclosure
action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are
outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments
tendered through bankruptcy, if any.
II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
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 § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase
Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The
Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its
judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489
(Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998).
Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445
Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact,
can be expected to change from day to day because the bank must advance sums in order to protect
its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must
protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d
826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
Company V. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment, and if there is competitive bidding for the Property,
Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to
protect its interests. Conversely, amending the in rem judgment will not be detrimental to
Defendant as it imputes no personal liability.
In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that
a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa.
Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not
adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender
payments during the foreclosure proceeding and the advances made by the mortgage company. The
Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal
and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is
also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance
premiums, fire insurance premiums, taxes and other assessments relating to the Property. The
mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant
unjust financial losses on this loan.
III. THE FORECLOSURE JUDGMENT IS IN REM ONLY
The within case is a mortgage foreclosure action, the sole purpose of which is to take the
mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage
foreclosure is strictly in rem and does not include any personal liability. Newtown Village
Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer
Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania
Rule of Civil Procedure 1141(a).
However, Pennsylvania law requires that the foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for
bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the
mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would
receive the amount of the in rem judgment from the Sheriff.
IV. INTEREST
The Mortgage clearly requires that the Defendant shall promptly pay when due the principal
and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be
charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior
to the date of default through the date of the impending Sheriff s sale has been requested.
V. TAXES AND INSURANCE
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure
proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale,
Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the
outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be
able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums.
Most importantly, the Mortgage specifically provides that the mortgagee may advance the
monies for takes and insurance and charge these payments against the escrow account. Plaintiff is
simply seeking to have the Court enforce the terms of the Mortgage.
VI. ATTORNEY'S FEES
The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance
with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly
concluded that a request of five percent of the outstanding principal balance is reasonable and
enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings an
d
Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super.
1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent
included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville
Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable
Court's equitable authority to set attorney's fees and costs as it deems reasonable.
VII. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
'I fl ? K--,,
DATE: V "l
Phelan Hallman & Schmie , LLP
By:
Michele M. Brad r , squire
Attorney for Plaintiff
Exhibit "A"
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PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHEI.AN, ESQ., Id. No. 32227
FRANCIS S. IIALLINAN, ESQ., Id. No. 62695
DANIEL G. SCHMIEG, ESQ., Id. No. 62205
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000 153343
ABN AMRO MORTGAGE GROUP, INC.
7159 CORKLAN DRIVE
JACKSONVILLE, FL 32258-4455
V.
Plaintiff
RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
Defendant
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. 0.7
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
OPItp
Mw 1' ; %' F.:it? "l?l ?Y MAY
f' ra4??"? "iEcd Of fEY-T
File N: 153343
NOTICE
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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
File #: 153343
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)1
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
File #; 153343
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.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A
DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT
A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON
REAL ESTATE.
File k: 153343
1. Plaintiff is
ABN AMRO MORTGAGE GROUP, INC.
7159 CORKLAN DRIVE
JACKSONVILLE, FL 32258-4455
2. The name(s) and last known address(es) of the Defendant(s) are:
RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 02107/2003 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 Book: 1795, Page: 3375. The mortgage
and assignment(s), if any, are matters of public record and are incorporated herein by
reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its
obligations to attach documents to pleadings if those documents are of public record.
4. 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 12/01/2006 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.
Filc #: 153343
Y
6.
The following amounts are due on the mortgage:
Principal Balance $88,342.18
Interest $2,526.48
11/01/2006 through 04/23/2007
(Per Diem $14.52)
Attorney's Fees $1,325.00
Cumulative Late Charges $93.12
02/07/2003 to 04/23/2007
Cost of Suit and Title Search 750.00
Subtotal $93,036.78
Escrow
Credit $0.00
Deficit $416.33
Subtotal 416.33
TOTAL $93,453.11
7
8.
If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may
be less than the amount demanded based on work actually performed. The attorney's fees
requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its
right to collect attorney's fees up to 5% of the remaining principal balance in the event the
property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the
action requires additional fees in excess of the amount demanded in the Action.
Plaintiff is not seeking a judgment of personal liability (or an in personam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
File #: 153343
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's
Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or
Notice of Default as required by the mortgage document, as applicable, have been sent to
the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by
said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff
or an authorized consumer credit counseling agency, or has/have been denied assistance
by the Pennsylvania Housing Finance Agency.
10. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum
of $93,453.11, together with interest from 04/23/2007 at the rate of $14.52 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.
PHELAN HALLINAN & SCHMI P
By: /sIF cis S. Hal in
LAWRENCE T. PHELAN, ESQUIRE
DANIEL G. SCHMIEG, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File N: 153343
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or parcel of land in the Township of Lower Allen, County of
Cumberland and Commonwealth of Pennsylvania, as shown on the survey dated January 31,
1959, by DP Raffensperfer, RS, more fully described as follows:
BEGINNING at a point in the southerly side of Wesley Drive, a distance of 691.425 feet East of
the southeast corner of Windsor Boulevard and Wesley Drive; thence South 45 degrees 17
minutes East along the southerly side of Wesley Drive, a distance of 75.005 feet to a point;
thence South 45 degrees 22 minutes West, along the division line between Lots Nos. 31 and 32
on the hereinafter mentioned Plan of Lots, a distance of 112.27 feet to a point; thence North 44
degrees 38 minutes West, along the division line between Lots Nos. 12 and 31, a distance of 75
feet to a point; thence North 45 degrees 22 minutes East along the division line between Lots
Nos. 31 and 30, a distance of 111.42 feet to a point in the southerly side of Wesley Drive, the
place of beginning.
BEING LOT NO.31, Block'C', Plan No. 1, Windsor Park, as recorded in Plan Book 10, Page 18
of the Cumberland County Recorder of Deeds Office.
HAVING THEREON erected a dwelling house known as 118 Wesley Drive.
PARCEL NO. 13-23-0559-067
PROPERTY BEING: 118 WESLEY DRIVE
File #: 153343
, s
FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF
in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not
be obtained within the time allowed for the filing on the pleading, that he is authorized to make this
verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil
Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and
correct to the best of his knowledge, information and belief.
The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S.
Sec. 4904 relating to unworn falsification to authorities.
,,-I J Jaz?-
FRANCIS S. HALLINAN, ESQUIRE
Attorney for Plaintiff'
DATE: v 5
1 ?
Exhibit "B"
' PHELAN HALLINAN & SCHMIEG; LLP.
By: DANIEL G. SCHMIEG
Identification No. 62205
-Attolbey for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) -563-7000
ABN AMRO MORTGAGE GROUP, INC.
7159 CORKLAN DRIVE
JACKSONVILLE, FL 32258-4455
Plaintiff,
V.
RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
ATTORNEY PILE COPY
PLEASE RETURN ,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-2352
ATTORNEY FILE COPY
PLEASE RETURN
C. o O
Defendant(s). : rn C
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PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO x,
ANSWER AND ASSESSMENT OF DAMAGES
`
TO THE PROTHONOTARY: cn C)
Kindly enter an in rem judgment in favor of the Plaintiff and against RANDALL W. KELLEI
Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof
and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows:
As set forth in Complaint
Interest from 04/24/07 to 05/30/07
TOTAL
$93,453.11 ATTORNEY FILE COPY'S
$537.24 PLEASE RETURN
$93,990.35
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 R 237.1, copy attached.
A t 1 P
1
ANIEL G. SCH IEG, ES
p?TORNEY FILE CppY .,?f Attorney for Plaintiff
PLEASE OUR%
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE:
PRO PROTHY
153343 I? e?Ep?jE G''
Exhibit "C"
PHELAN HALLINAN & SCHMIEG, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
michele.bradford@fedphe.com
Michele M. Bradford, Esquire Representing Lenders in
Pennsylvania and New Jersey
July 13, 2007
Randall W. Keller
118 Wesley Drive
Mechanicsburg, PA 17055
RE: ABN AMRO Mortgage Group, Inc. vs. Randall W. Keller
Premises Address: Mechanicsburg, PA 17055,
Cumberland County CCP, No. 07-2352 Civil Term
Dear Defendant,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief that is, increasing the amount of the judgment. Please
respond to me within 5 days, by Wednesday, July 18, 2007.
Should you have further questions or concerns, please do not hesitate to contact me.
Otherwise, please be guided accordingly.
V you
the e . Br for , Esquire
For Phelan Hallinan & Schmieg, LLP
Enclosure
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VERIFICATION
Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this
action, that she is authorized to make this verification, and that the statements made in the foregoing
Motion to Reassess Damages are true and correct to the best of her 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 unworn falsification to authorities.
DATE: -?cJ q q
Ph Ili Sc i L
ch le M. Brad ord, Es ire
Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
ABN AMRO Mortgage Group, Inc. Court of Common Pleas
Plaintiff : Civil Division
VS.
Randall W. Keller
: Cumberland County
: No. 07-2352 Civil Term
Defendant
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individual on the date indicated below.
Randall W. Keller
118 Wesley Drive
Mechanicsburg, PA 17055
DATE: Tchel ' an& Sc ?eg LLP
M. radford, sq e
Attorney for Plaintiff
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`JUL S 4 2001
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
ABN AMRO Mortgage Group, Inc.
Plaintiff
VS.
Randall W. Keller
Defendant
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 07-2352 Civil Term
RULE
AND NOW, this ' day of ,V t!j 2007, a Rule is entered upon the
Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to
Reassess Damages.
Rule Returnable
e1e M. Bradford, Esquire
helan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
TEL: (215) 563-7000
FAX: (215) 563-3459
michele.bradford(a)fedphe.com
andall W. Keller
118 Wesley Drive
Mechanicsburg, PA 17055
T.
153343
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AFFIDAVIT OF SERVICE
PLAINTIFF ABN AMRO MORTGAGE GROUP, INC.
DEFENDANT(S) RANDALL W. KELLER
SERVE RANDALL W. KELLER AT
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
CUMBERLAND COUNTY
No. 07-2352
ACCT. #153343
Type of Action
- Notice of Sheriff's Sale
Sale Date: SEPTEMBER 5, 2007
SERVED
Served and made known to IRa%A1 tat w Ke?le1/ , Defendant, on the day of NQ , 200T,
at 4q ,o'clock -P.m., at i [? Vy eS?e`? bow, AAec'? dK cC5 b u (_5 , Commonwealth
of Pennsylvania, in the manner described below:
Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Name and 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:
Description: Age 35 Height J-4 Weight Race W Sex Other
I, Rrot b Au I L , 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.
and subscri
this ,?_ day
2001. By:
i? ?,, - il-?
LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED.
State of ;ew Jersey
PATRICIA E. HARRIS NOT SERVED
Commission Expires June 16, 2008
On the day of , 200. at o'clock _.m., Defendant NOT FOUND because:
Moved Unknown No Answer Vacant
1st Attempt: Time: 2nd Attempt: Time:
3rd Attempt: / / Time:
Sworn to and subscribed
before me this day
of , 200 _.
Notary: By:
Attorney for Plaintiff
Daniel G. Schmieg, Esquire - I.D. No. 62205
1916
P
R.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ABN AMRO MORTGAGE GROUP, INC.
Plaintiff
V.
RANDALL W.KELLER
Defendant(s)
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-2352
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND COUNTY ) SS:
Plaintiff in 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: 118 )WESLEY DRIVE.,
MECHANICSBURG, PA 17055.
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 Affidavit No. 2
(previously filed) and/or Amended Affidavit No. 2 on the date indicated. 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.
DANIEL G. SCHMIEG, SQUIRE
Attomey for Plaintiff
Date: July 10, 2007
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he sold in the
ahsenre of a representative of the plaintiff at the Sheriffs Sale- The sale must be postponed or stayed in the
event that a representative of the plaintiff is not present at the sale.
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PHELAN HALLINAN & SCHMIEG, LLP
ATTORNEY FOR PLAINTIFF
b M'chele M Bradford Esquire
y. ,
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
ABN AMRO Mortgage Group, Inc.
Plaintiff
VS.
Randall W. Keller
Defendant
Court of Common Pleas
Civil Division
: Bucks County
No. 07-2352 Civil Term
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Rule dated July 24, 2007 was sent to
the following individual on the date indicated below.
Randall W. Keller
118 Wesley Drive
Mechanicsburg, PA 17055 ??
Phdlnn Hdll{n c iee. LLP
DATE: (Z10 By: ? I \ i I
M hel Bad rd, Esquire
A rnev for Plaintiff
C a o
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See. ? X -r,
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PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
ABN AMRO Mortgage Group, Inc. Court of Common Pleas
Plaintiff : Civil Division
VS.
Randall W. Keller
Defendant
Cumberland County
: No. 07-2352 Civil Term
MOTION TO MAKE RULE ABSOLUTE
ABN AMRO Mortgage Group, Inc., by and through its attorney, Michele M. Bradford,
Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the
above-captioned action, and in support thereof avers as follows:
That it is the Plaintiff in this action.
2. A Motion to Reassess Damages was filed with the Court on July 23, 2007.
3. A Rule was entered by the Court on or about July 24, 2007 directing the
Defendant to show cause why the Motion to Reassess Damages should not be granted. A true
and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A".
4. The Rule to Show Cause was timely served upon all parties on August 2, 2007, in
accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate
of Service is attached hereto, made part hereof, and marked Exhibit "B".
5. Defendant failed to respond or otherwise plead by the Rule Returnable date of
August 13, 2007.
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiff s Motion to Reassess Damages.
Date i - t
PHELAN HALLINAN & SCHMIEG, LLP
(Mich le .Bad rd, E ire
Attorney for the Plaintif
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
ABN AMRO Mortgage Group, Inc.
Plaintiff
VS.
Randall W. Keller
Defendant
ATTORNEY FOR PLAINTIFF
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 07-2352 Civil Term
BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE
A Motion to Reassess Damages was filed with the Court on July 23, 2007. A Rule was
entered by the Court on or about July 24, 2007; directing the Defendant to show cause why the
Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served
upon all parties on August 2, 2007 in accordance with the applicable rules of civil procedure.
Defendant failed to respond or otherwise plead by the Rule Returnable date of August 13, 2007.
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiff s Motion to Reassess Damages.
MBriaddArdd, CHMIEG, LLP
v t
Date Cmiche ire
Attorneyfor the Plaintiff
Exhibit "A"
JUL 8 42007 AV
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
ABN AMRO Mortgage Group, Inc.
Plaintiff
vs.
Randall W. Keller
Defendant
: Court of Common Pleas
: Civil Division
Cumberland County
: No. 07-2352 Civil Term
n RULE
AND NOW, this 2 day of 2007, a Rule is entered upon the
Defendant to show cause why an Order should not be ntered granting Plaintiff's Motion to
Reassess Damages.
I O ap?ys af?e 1? %a e Rv l e e.
Rule Returnable c t® day 2-200;4' as
, Pennsylvania.
Michele M. Bradford, Esquire
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
TEL: (215) 563-7000
FAX: (215) 563-3459
michele.bradfordQfedphe.com
BY THE COURT,
A k I -1-A ?*
J. •
Randall W. Keller
118 Wesley Drive
Mechanicsburg, PA 17055
153343
Exhibit "B"
ATtORNEY FILE COPY
PLEASE HETORH
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814 4 . ,
(215) 563-7000
ABN AMRO M
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ortgage
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Plaintiff .
Civil Division
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Randall W. Keller No. 07-2352 Civil Term
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Rule dated July 24, 2007 was sent to
the following individual on the date indicated below.
Randall W. Keller
118 Wesley Drive
Mechanicsburg, PA 17055
LLP
DATE: ('? o -7
By:
for P
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Esquire
VERIFICATION
Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this
action, that she is authorized to make this verification, and that the statements made in the
foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge,
information and belief. The undersigned understands that this statement herein is made subject
to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities.
Date FIN dfo squire
Attorney for Plaintiff
C=am
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PHELAN HALLINAN & SCHMIEG, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
michele.bradford@fedphe.com
Michele M. Bradford, Esquire
Representing Lenders in
Pennsylvania and New Jersey
August 13, 2007
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
RE: ABN AMRO Mortgage Group, Inc. vs. Randall W. Keller
Cumberland County CCP, No. 07-2352 Civil Term
Dear Sir/Madam:
Enclosed please find a Motion to Make Rule Absolute, Brief in Support thereof, and
Certification of Service with regard to the above referenced action. Please file same with the
Court and return the time-stamped in the enclosed self-addressed envelope.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
Michele M. Bradford, Esquire
Enclosure
cc: Randall W. Keller
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
ABN AMRO Mortgage Group, Inc.
Plaintiff
VS.
Randall W. Keller
Defendant
ATTORNEY FOR PLAINTIFF
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 07-2352 Civil Term
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute
and Brief in Support thereof were served upon the following individuals on the date indicated
below.
Randall W. Keller
118 Wesley Drive
Mechanicsburg, PA 17055
DATE: <? I ?-? I ?
Phelan Hallinan & Schmie LP
By:
Michele M. Bradford, Esquire
Attorney for Plaintiff
?r
1
co
PHELAN HALLINAN & SCHMIEG, LLP
BY: Francis S. Hallinan, Esquire
Identification No. 62695 Attorney For Plaintiff
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
ABN AMRO MORTGAGE GROUP, INC. COURT OF COMMON PLEAS
CIVIL DIVISION
V.
RANDALL W. KELLER
CUMBERLAND COUNTY
NO. 07-2352
PRAECIPE TO SUBSTITUTE VERIFICATION
TO CIVIL ACTION COMPLAINT
IN MORTGAGE FORCLOSURE
TO THE PROTHONOTARY:
Kindly substitute the attached verification for the verification originally filed with the complaint
in the instant matter.
Dated: g 1 01
File #: 153343
Phelan Hallinan and Schmieg, LLP
By: A&? , U
Francis S. Hallinan, Esquire
Lawrence T. Phelan
Daniel G. Schmieg
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AUG I OR
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ABN AMRO Mortgage Group, Inc.
Plaintiff
VS.
Randall W. Keller
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 07-2352 Civil Term
Defendants
AND NOW, this 0 day of OY, 2007, upon consideration of Plaintiff's
Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered
upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess
Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to
amend the judgment and the writ of execution nunc pro tunc as follows:
Principal Balance $88,342.18
Interest Through 09/05/07 4,475.19
Per Diem $14.52
Late Charges 93.12
Legal fees 1,475.00
Cost of Suit and Title 1,039.00
Sheriffs Sale Costs 0.00
Property Inspections 60.00
Appraisal/Brokers Price Opinion 85.00
Mortgage Ins. Premium/Private 234.75
Mortgage Ins.
NSF (Non-Sufficient Funds charge) 0.00
Suspense/Misc. Credits
Escrow Deficit
TOTAL
0.00
1,543.98
$97,348.22
Plus interest from 09/05/07 through the date of sale at six percent per annum.
Note: The above figure is not a payoff quote. Sheriffs core
figure.
Michele M. Bradford, Esquire
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
TEL: (215) 563-7000
FAX: (215) 563-3459
michele.bradford@fedphe.com
Randall W. Keller
118 Wesley Drive
Mechanicsburg, PA 17055
f
153343
`D
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ABN AMRO Mortgage Group, Inc.
VS
Randall W. Keller
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2007-2352 Civil Term
Megan Gilbride, Deputy Sheriff, who being duly sworn according to law, states
that on June 12, 2007 at 2019 hours, she 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: Randall W. Keller by making known unto Randall W. Keller,
personally, at 118 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania its
contents and at the same time handing to him personally the said true and correct copy of
the same.
Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law,
states that on July 6, 2007 at 1345 hours, he posted a true copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon the property of
Randall W. Keller located at 118 Wesley Drive, Mechanicsburg, Cumberland County,
Pennsylvania according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendant, to wit: Randall W. Keller, by regular mail to his last known address of 118
Wesley Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of July
2, 2007 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED per letter of request from Attorney Daniel Schmieg.
Sheriffs Costs:
Docketing 30.00
Poundage 17.96
Advertising 15.00
Posting Handbills 15.00
Law Library .50
Prothonotary 2.00
Mileage 23.04
Levy 15.00
Surcharge 20.00
Law Journal 355.00
Patriot News 366.83
Share of Bills 15.69
Postpone Sale 40.00
?
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?114
$ 916.02
9.5v
V X 00'1
0 3341
So ? -4&
R. Thomas Kline, Sheriff
BYJ Real Estate rgeant
i
ABN AMRO MORTGAGE GROUP, INC.
1
Plaintiff,
V.
RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-2352
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. l)
ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by its attorney, DANIEL G.
SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at ,118 WESLEY DRIVE,
MECHANICSBURG, PA 17055.
1. Name and address of Owner(s) or reputed Owner(s):
Name
RANDALL W. KELLER
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
MEMBERS 1sT FEDERAL CREDIT
UNION
5000 LOUISE DRIVE
MECHANICSBURG, PA 17055
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
MU 30, 2007
DATE ANIEL G. SCHMI G, ESQUI
Attorney for Plaintiff
4
r
ABN AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY
Plaintiff,
V. No. 07-2352
RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
Defendant(s).
May 30, 2007
TO: RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
* *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
ANA ITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY.
Your house (real estate) at, 118 WESLEY DRIVE, MECHANICSBURG, PA 17055, is
scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland
County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of
$93,990.35 obtained by ABN AMRO MORTGAGE GROUP, 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.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
EXHIBIT "A" - MORTGAGE LEGAL
ALL THAT CERTAIN lot or parcel of land in the Township of Lower Allen, County of Cumberland and
Commmomaealth of Pennsylvania, as shown on the survey dated January 31, 1959, by DP Raffensperfer, RS,
more fully described as follows:
BEGINNING at a point in the southerly side of Wesley Drive, a distance of 691.425 feet East of the southeast
corner of Windsor Boulevard and Wesley Drive; thence South 45 degrees 17' East along the southerly side of
Wesley Drive, a distance of 75.005 feet to a point; thence South 45 degrees 22' West, along the division line
between Lots Nos. 31 and 32 on the hereinafter mentioned Plan of Lots, a distance of 112.27 feet to a point;
thence North 44 degrees 38' West, along the division line between Lots Nos. 12 and 31, a distance of 75 feet to
a point; thence North 45 degrees 22' East along the division line between Lots Nos. 31 and 30, a distance of
111.42 feet to a point in the southerly side of Wesley Drive, the place of beginning.
BEING LOT NO. 31, Block "C", Plan No. 1. Windsor Park, as recorded in Plan Book 10, Page 18 of the
Cumberland County Recorder of Deeds Office.
HAVING THEREON erected a dwelling house known as 118 Wesley Drive.
PARCEL NO. 13-23-0559-067
TITLE TO SAID PREMISES IS VESTED IN RANDALL W. KELLER, MARRIED
MAN, LEGALLY SEPARATED, AS SOLE OWNER, BY DEED FROM DAISY B.
JACKSON AND DENNIS O. JACKSON AND DEANNA G. HASKELL, TRUSTEES
OF THE JACKSON FAMILY IRREVOCABLE TRUST DATED OCTOBER 27, 2002,
BY DENNIS O. JACKSON AS CO-TRUSTEE, DATED 02/05/2003, RECORDED
02/11/2003, IN DEED BOOK 255, PAGE 3612.
WRIT OF EXECUTION and/or ATTACHMENT
} COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-2352 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s)
From RANDALL W. KELLER
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $93, 990.35
L.L. $.50
Interest FROM 5/30/07 TO 9/5/07 (PER DIEM - $15.45) -- $1,514.10 AND COSTS
Atty's Comm % Due Prothy $2.00
Atty Paid $157.56
Plaintiff Paid
Date: JUNE 1, 2007
(Seal)
REQUESTING PARTY:
Other Costs $1,591.50
Ciurt(s R. Long, Prothonotary
BY: S, ?<L11?s.¢ • C?? a
Deputy
Name DANIEL G. SCHMIEG, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 62205
IWA
u
Real Estate Sale # 50
On June 11, 2007 the Sheriff levied upon the
defendant's interest in the real property situated in
Lower Allen Township, Cumberland County, PA
Known and numbered as 118 Wesley Drive,
Mechanicsburg, more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: June 11, 2007 By: j? ?lN
Real Estat Sergeant
a 8 V q- E!!"' LOI
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Shannon D. Billhime, being duly sworn according to law, deposes and says:
That she is a Staff Accountant with 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 in the 18th and 25th day(s) of July and the 1st
day(s) of August 2007. 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 #50
WIlrl.IIri1M fM
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Terry L Russell, Notary Public
ty of Harrisburg, Dauphin Courly
commission Expires June 6, 2010
9l,Pi
Association of Nntaric"
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
July 20, July 27, and August 3, 2007
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. 50
Writ No. 2007-2352 Civil
ABN AMRO Mortgage Group, Inc.
VS.
Randall W. Keller
Atty.: Daniel Schmieg
DESCRIPTION
EXHIBIT "A"-MORTGAGE LEGAL
ALL THAT CERTAIN lot or parcel
of land in the Township of Lower
Allen, County of Cumberland and
Commonwealth of Pennsylvania, as
shown on the survey dated January
31, 1959, by DP Raffensperfer, RS,
more fully described as follows:
BEGINNING at a point in the
southerly side of Wesley Drive, a
distance of 691.425 feet East of the
southeast corner of Windsor Boule-
vard and Wesley Drive; thence South
45 degrees 17' East along the south-
erly side of Wesley Drive, a distance of
75.005 feet to a point; thence South
45 d=ees 22' West a14rLg the div
Li Marie Coyne ditor
SWORN TO AND SUBSCRIBED before me this
day of August, 2007
Notary
NOTARIAL SEAL
DEBORAH A COI.LINS
Notary Public
[ICARLISLE BORIO CUMBERLAND COUNTY
ommiWon Expires Apr 28, 2010
I
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
ABN AMRO MORTGAGE GROUP, INC.
Plaintiff,
V.
RANDALL W. KELLER Na. 07-2352
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due $97,348.22
Interest from 9/5/07 to 6/11/08
(per diem -$16.00) $4,496.00 and Costs
Add'l Costs
TOTAL $?
$101,844.22
1
DANIEL G. SCHMIEG, ESQUIRE
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
Note: Please attach description of property.No.
IMPORTANT NOTICE: This property is sold at the direction of the
plaintiff. It may not be sold in the absence of a representative of
the plaintiff at the Sheriff's Sale. The sale must be postponed or
stayed in the event that a representative of the plaintiff is not
present at the sale.
153343
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ABN AMRO Mortgage Group, Inc.
Plaintiff
vs.
Randall W. Keller
Defendants
: Court of Common Pleas
: Civil Division
: Cumberland County
No. 07-2352 Civil Term
ORDER
AND NOW, this / 7'6'? day of 0 , 2007, upon consideration of Plaintiff's
Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered
upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess
Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to
amend the judgment and the writ of execution nunc pro tunc as follows:
Principal Balance
Interest Through 09/05/07 $88,342.18
Per Diem $14.52 4,475.19
Late Charges
Legal fees 93.12
Cost of Suit and Title 1,475.00
Sheriffs Sale Costs 1,039.00
Property Inspections 0'00
Appraisal/Brokers Price Opinion .00
Mortgage Ins. Premium/Private 85
8
Mortgage Ins. 234.75
4.75
NSF (Non-Sufficient Funds charge) 000
Suspense/Misc. Credits
Escrow Deficit
TOTAL
0.00
1,543.98
$97,348.22
Plus interest from 09/05/07 through the date of sale at six percent per annum.
Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above
figure.
BY THE COURT:
a
Michele M. Bradford, Esquire
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
TEL: (215) 563-7000
FAX: (215) 563-3459
michele bradfordn fednhe com
Randall W. Keller
118 Wesley Drive
Mechanicsburg, PA 17055
153343
THE COY FROM IJRL.
T@4wM ?whereof. I !tare Un*set my I.
j owl so of aaw cou at c arme, Pa.
A/Z 4" dw at __
EXHIBIT "A" - MORTGAGE LEGAL
ALL THAT CERTAIN lot or parcel of land in the Township of Lower Allen. County of Cumberla
more nd and
ofully fully a described as follows: Pennsylvania, as shown on the survey dated January 31, 1959, by DP Raffens erfer A , RS,
BEGINNING at a point in the southerly side of Wesley Drive, a distance of 691.425 feet East of the southeast
corner of Windsor Boulevard and Wesley Drive; thence South 45 degrees 17' East along the southerly side of
Wesley Drive, a distance of 75.005 feet to a point; thence South 45 degrees 22' West, along the division line
between Lots Nos. 31 and 32 on the hereinafter mentioned Plan of Lots, a distance of 112.27 feet to a point;
thence North 44 degrees 38' West, along the division line between Lots Nos. 12 and 31, a distance of 75 feet
a point; thence North 45 degrees 22' East along the division line between Lots Nos. 31 and 30, a distance of
111.42 feet to a point in the southerly side of Wesley Drive, the place of beginning, to
BEING LOT NO. 31, Block "C", Plan No. 1. Windsor Park, as recorded in Plan Book 10, Page 18 of the
Cumberland County Recorder of Deeds Office.
HAVING THEREON erected a dwelling house known as 118 Wesley Drive.
PARCEL NO. 13-23-0559-067
TITLE TO SAID PREMISES IS VESTED IN RANDALL W. KELLER M
MAN, LEGALLY SEPARATED, AS SOLE O ARRIED
JACKSON AND DENNIS O, JACKSON AND D
WNE, BY R1JA DEED FROM DAISY B.
OF THE JACKSON FAMILY IRREVOCABLE TRUST DATED KELL, TRUSTEES
BY DENNIS O. JACKSON AS CO-TRUSTEE, DATED 02/0512003 RE ER 27' 2002,
02/11/2003, IN DEED BOOT{ 255, PAGE 3612. CORDED
PHELAN HALLINAN & SCHMIEG, L.L.P.
?By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
ABN AMRO MORTGAGE GROUP, INC.
Plaintiff,
V.
RANDALL W. KELLER
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-2352
CERTIFICATION
DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
( ) non-owner occupied
( ) vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Y?.
DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
ATTORNEY FOR PLAINTIFF
N
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ABN AMRO MORTGAGE GROUP, INC.
Plaintiff,
v.
RANDALL W. KELLER
Defendant(s).
NO. 07-2352
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. l)
ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by its attorney, DANIEL G.
SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at ,118 WESLEY DRIVE,
MECHANICSBURG, PA 17055.
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
RANDALL W. KELLER 118 WESLEY DRIVE
MECHANICSBURG, PA 17055
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address of last recorded holder of every mortgage of record:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Members 1" Federal Credit Union 5000 Louise Drive
Mechanicsburg, Pa 17055
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Internal Revenue Service
Federated Investors Tower
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
6th Floor, Strawberry Sq., Dept. 28061
Harrisburg, PA 17128
13th Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities.
-!:f?
March 4, 2008
DATE DANIEL -G. S4
ESQUIRE
Attorney for Plaintiff
ABN AMRO MORTGAGE GROUP, INC.
Plaintiff,
V.
RANDALL W.KELLER
Defendant(s).
CUMBERLAND COUNTY
No. 07-2352
March 4, 2008
TO: RANDALL W.KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
* *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY.
Your house (real estate) at, 118 WESLEY DRIVE, MECHANICSBURG, PA 17055, is
scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $97,348.22
obtained by ABN AMRO MORTGAGE GROUP 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.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
A
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
A
EXHIBIT "A" - MORTGAGE LEGAL
ALL THAT CERTAIN lot or parcel of land in the Township of Lower Allen, County of Cumberland and
Co'inmon-vealth of Pennsylvania, as shown on the survey dated January 31, 1959, by DP Raffensperfer, RS,
more fully described as follows:
BEGINNING at a point in the southerly side of Wesley Drive, a distance of 691.425 feet East of the southeast
corner of Windsor Boulevard and Wesley Drive; thence South 45 degrees 17' East along the southerly side of
Wesley Drive, a distance of 75.005 feet to a point; thence South 45 degrees 22' West, along the division line
between Lots Nos. 31 and 32 on the hereinafter mentioned Plan of Lots, a distance of 112.27 feet to a point;
thence North 44 degrees 38' West, along the division line between Lots Nos. 12 and 31, a distance of 75 feet to
a point; thence North 45 degrees 22' East along the division line between Lots Nos. 31 and 30, a distance of
111.42 feet to a point in the southerly side of Wesley Drive, the place of beginning.
BEING LOT NO. 31, Block "C", Plan No. 1, Windsor Park, as recorded in Plan Book 10, Page 18 of the
Cumberland County Recorder of Deeds Office.
HAVING THEREON erected a dwelling house known as 118 Wesley Drive.
PARCEL NO. 13-23-0559-067
TITLE TO SAID PREMISES IS VESTED IN RANDALL W. KELLER, MARRIED
MAN, LEGALLY SEPARATED, AS SOLE OWNER, BY DEED FROM DAISY B.
JACKSON AND DENNIS O. JACKSON AND DEANNA G. HASKELL, TRUSTEES
OF THE JACKSON FAMILY IRREVOCABLE TRUST DATED OCTOBER 27, 2002,
BY DENNIS O. JACKSON AS CO-TRUSTEE, DATED 02/05/2003, RECORDED
02/11/2003, IN DEED BOOK 255, PAGE 3612.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-2352 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s)
From RANDALL W. KELLER
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $97,348.22
L.L.
Interest from 9/5/07 to 6/11/08 (per diem - $16.00) -- $4,496.00 and Costs
Atty's Comm %
Atty Paid $1,095.08
Plaintiff Paid
Date: 3/05/08
(Seal)
REQUESTING PARTY:
Due Prothy $2.00
Other Costs
01 IM, -
Prothonotary
i
By:
Deputy
Name DANIEL G. SCHMIEG, ESQUIRE
Address: PHELAN HALLINAN & SCHMIEG, LLP
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 62205
AFFIDAVIT OF SERVICE
PLAINTIFF ABN AMRO MORTGAGE GROUP, INC.
DEFENDANT(S) RANDALL W. KELLER
SERVE RANDALL W. KELLER AT
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
CUMBERLAND COUNTY
No. 07-2352
ACCT. #153343
Type of Action
- Notice of Sheriffs Sale
Sale Date: JUNE 11, 2008
d SERVED
Served and made known to AW /I- w- /ta 1114- , Defendant, on the day of ' - I iJ , 2001
at ?' A, , o'clock -em., at
of Pennsylvania, in the manner described below:
Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Name and 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:
Description: Age G' Height ? Weight /,?O Race _&i) Sex Yh Other
Commonwealth
z
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 Sheriffs 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 subscribed th w, Baker
before me this day ll1 I»bOe Nye
of- zr i , 200. Bm1W 08016
Notary' - By: 6 -4231
PL ASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED.
THEODORE J. HARRIS
NOTARY PUBLIC NOT SERVED jEW On tViv a STATE M51* F_XP JERSEY 200_, at o'clock _.m., Defendant NOT FOUND because:
Moved Unknown No Answer
1st Attempt: Time:
3rd Attempt: Time:
Sworn to and subscribed
before me this day
of 1200.
_Notary:
Vacant
2°d Attempt: / / Time:
Attornev for Plaintiff
DANIEL G. SCHMIEG, Esquire - I.D. No. 62205
One Penn Center at Suburban Station, Suite 1400
By: 1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
?? r 3?
" 100 'kJ4 x 3S : , .
n
SALE DATE: JUNE 11, 2008
IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ABN AMRO MORTGAGE GROUP, INC.
VS.
RANDALL W. KELLER
No.: 07-2352
CUMBERLAND COUNTY
AFFIDAVIT PURSUANT TO RULE 3129.1
AND RETURN OF SERVICE PURSUANT TO
Pa. R.C.P. 405 OF NOTICE OF SALE
Plaintiff in 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:
118 WESLEY DRIVE, MECHANICSBURG, PA 17055.
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 Amended 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.
DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
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ABN AMRO Mortgage Group, Inc.
vs
Randall W. Keller
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2007-2352 Civil Term
Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 11,
2008 at 1425 hours, 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: Randall W. Keller by making
known unto Randall W. Keller personally at 118 Wesley Drive, Mechanicsburg, Cumberland
County, Pennsylvania its contents and at the same time handing to him personally the said true and
correct copy of the same.
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April
04, 2008 at 0910 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and
description, in the above entitled action, upon the property of Randall W. Keller located at 118
Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the
above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff
mailed a notice of the pendency of the action to the within named defendant, to wit: Randall W.
Keller by regular mail to his last known address of 118 Wesley Drive, Mechanicsburg, PA 17055.
This letter was mailed under the date of April 17, 2008 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is
returned STAYED per letter of request from Attorney Daniel Schmieg. Defendant filed chapter 13
bankruptcy.
Sheriff's Costs:
Docketing 30.00
Poundage 17.26
Posting Bills 15.00
Advertising 15.00
Prothonotary 2.00
Mileage 24.00
Levy 15.00
Surcharge 20.00
Law Journal 355.00
Patriot News 372.17
Share of bills 14
73
.
$880.16 ? L 11a1a 0,,,
R. Thomas Kline, Sheriff
BY `-s u rive.-L
Real Estate Sergeant
eft„ L 9'2 P3
v,. ol/ 6 0 31
ABN AMRO MORTGAGE GROUP, INC.
Plaintiff,
V.
RANDALL W. KELLER
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-2352
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. l)
ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by its attorney, DANIEL G.
SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at ,118 WESLEY DRIVE,
MECHANICSBURG, PA 17055.
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
RANDALL W. KELLER 118 WESLEY DRIVE
MECHANICSBURG, PA 17055
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
4. Name and address of last recorded holder of every mortgage of record:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Members 1St Federal Credit Union 5000 Louise Drive
Mechanicsburg, Pa 17055
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6., Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Internal Revenue Service
Federated Investors Tower
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
6th Floor, Strawberry Sq., Dept. 28061
Harrisburg, PA 17128
13th Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
P.O. Box 8486
Willow Oak Building
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.
March 4, 2008
DATE DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
ABN AMRO MORTGAGE GROUP, INC.
Plaintiff,
V.
RANDALL W. KELLER
Defendant(s).
CUMBERLAND COUNTY
No. 07-2352
March 4, 2008
TO: RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
"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 ALIEN AGAINST PROPERTY. * *
Your house (real estate) at, 118 WESLEY DRIVE, MECHANICSBURG, PA 17055, is
scheduled to be sold at the Sheriff s Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $97,348.22
obtained by ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the
sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7.000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-2352 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s)
From RANDALL W. YELLER
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $97,348.22
L.L.
Interest from 9/5/07 to 6/11/08 (per diem - $16.00) -- $4,496.00 and Costs
Atty's Comm %
Atty Paid $1,095.08
Plaintiff Paid
Date: 3/05/08
(Seal)
REQUESTING PARTY:
Name DANIEL G. SCHMIEG, ESQUIRE
Address: PHELAN HALLINAN & SCHMIEG, LLP
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 62205
Due Prothy $2.00
Other Costs
i7
Prothonotary
! ~M
By:
Deputy
Real Estate Sale # 66
On March 11 2008 the Sheriff levied upon the
defendant's interest in the real property situated in
Lower Allen Township, Cumberland County, PA
Known and numbered as 118 Wesley Drive, Mechanicsburg,
more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: March 11, 2008
bE :1 d q- uvw 8001
By.
Real Estat Sergeant
. • The Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8292
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
t4fPatriot News
Now you know
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant 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 date(s) indicated below. 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
Raw Est" sob
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This ad ran on the date(s) shown below:
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04/30/08
05/07/08
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before me this 27 day of May, 2008 A.D.
Notary Public
COMMONWEALTH rjF PENNSYLVANIA
Notarial Seal
Chyde L. Sheppard, Notary Public
City Of Harrisburg, Dauphin County
My Commission Expires May 29, 2010
Member. Pennsylvania Association of Notaries
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
May 2, May 9, and May 16, 2008
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. 66
Writ No. 2007-2352 Civil
ABN AMRO Mortgage Group, Inc.
VS.
Randall W. Keller
Atty.: Daniel Schmieg
EXHIBIT °A"-MORTGAGE LEGAL
All THAT CERTAIN lot or parcel of
land in the Township of Lower Allen,
County of Cumberland and Common-
wealth of Pennsylvania, as shown on
the survey dated January 31, 1959,
by DP Raffensperfer, RS, more fully
described as follows:
BEGINNING at a point in the
southerly side of Wesley Drive, a
distance of 691.425 feet East of the
southeast comer of Windsor Boule-
vard and Wesley Drive; thence South
7?? t CV-
isa Marie Coyn Editor
SWORN TO AND SUBSCRIBED before me this
16 day of May. 2008
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
ABN AMRO MORTGAGE GROUP, INC.
Plaintiff,
V. .
No. 07-2352
RANDALL W. KELLER
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due $97,348.22
Interest from 1/m'/07 -fo (8'10107 $10,304.00 and Costs
(per diem -$16.00)
Add'I Costs $0.00
TOTAL $107,652.22
DANIEL G. CHMIEG, ESQUIRE
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
Note: Please attach description of property.No.
IMPORTANT NOTICE: This property is sold at the direction of the
plaintiff. It may not be sold in the absence of a representative of
the plaintiff at the Sheriff's Sale. The sale must be postponed or
stayed in the event that a representative of the plaintiff is not
present at the sale.
153343
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-2352 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s)
From RANDALL W. KELLER
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $97,348.22
L.L.
Interest from 9/06/07 to 6/10/09 (per diem - $16.00) -- $10,304.00 and Costs
Atty's Comm %
Due Prothy $2.00
Atty Paid $1,999.24 Other Costs
Plaintiff Paid
Date: 1/23/09
(Seal)
Curtis 4R.Long, a ry
By:
Deputy
REQUESTING PARTY:
Name: DANIEL G. SCHMIEG, ESQUIRE
Address: PHELAN HALLINAN & SCHMIEG LLP
ONE PENN CENTER, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215.563.7000
Supreme Court ID No. 62205
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ABN AMRO Mortgage Group, Inc.
Plaintiff
VS.
Randall W. Keller
Defendants
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 07-2352 Civil Term
ORDER
AND NOW, this / 7 de day of Qa/ , 2007, upon consideration of Plaintiff's
Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered
upon Defendant shall be and is hereby made absolute; and Plaintiffs Motion to Reassess
Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to
amend the judgment and the writ of execution nunc pro tunc as follows:
Principal Balance $88,342.18
Interest Through 09/05/07 4,475.19
Per Diem $14.52
Late Charges 93.12
Legal fees 1,475.00
Cost of Suit and Title 1,039.00
Sheriffs Sale Costs 0.00
Property Inspections 60.00
Appraisal/Brokers Price Opinion 85.00
Mortgage Ins. Premium/Private 234.75
Mortgage Ins.
NSF (Non-Sufficient Funds charge) 0.00
14?^
IS-3_6+3
SuspenseJMisc. Credits
Escrow Deficit
TOTAL
Plus interest from 09/05/07 through the date of sale at six percent per annum.
0.00
1,543.98
$97,348.22
Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above
figure.
BY THE COURT:
/31 PAM, 16
Michele M. Bradford, Esquire
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
TEL: (215) 563-7000
FAX: (215) 563-3459
michele-bradAW@Ledphe.com
Randall W. Keller
118 Wesley Drive
Mechanicsburg, PA 17055
153343
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..
ABN AMRO MORTGAGE GROUP, INC.
V.
Plaintiff,
RANDALL W. KELLER
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-2352
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. l)
ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by its attorney, DANIEL G.
SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at ,118 WESLEY DRIVE,
MECHANICSBURG, PA 17055.
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
RANDALL W. KELLER 118 WESLEY DRIVE
MECHANICSBURG, PA 17055
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address of last recorded holder of every mortgage of record:
Name
Members 1'` Federal Credit Union
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
5000 Louise Drive
Mechanicsburg, PA 17055
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Internal Revenue Service
Federated Investors Tower
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
6th Floor, Strawberry Sq., Dept. 28061
Harrisburg, PA 17128
13th Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
P.O. Box 8486
Willow Oak Building
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 o ties.
January 22, 2009
DATE DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
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PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
ABN AMRO MORTGAGE GROUP, INC.
Plaintiff,
V.
RANDALL W. KELLER
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-2352
CERTIFICATION
DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
( ) non-owner occupied
( ) vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
ANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE:
RANDALL W. KELLER
Debtor Bk. No. 1:08-bk-01846 MDF
ABN AMRO MORTGAGE GROUP, INC. Chapter No. 13
Movant
V.
RANDALL W. KELLER
Respondent
Re: Docket Entry No: 36
11 U.S.C. §362
ORDER MODIFYING §362 AUTOMATIC STAY
Upon consideration of Motion of ABN AMRO MORTGAGE GROUP, INC. (Movant), it is:
ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy
Code 11 U.S.C. §362 is modified with respect to premises 118 WESLEY DRIVE, MECHANICSBURG,
PA 17055, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to
foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee)
to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises;
and it is further
ORDERED that Rule 4001(a)(3) is not applicable and ABN AMRO MORTGAGE GROUP,
INC. may immediately enforce and implement this Order granting Relief from the automatic stay.
By the COMIJ
(3DK)
This docum nt is ekctrorttcally signed andfled on the same date.
Dated: December 9, 2008
Case 1:08-bk-01846-MDF Doc 46 Filed 12/09/08 Entered 12/09/08 14:59:53 Desc
Main Document Page 1 of 1
i`
ABN AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY
Plaintiff,
V. No. 07-2352
RANDALL W. KELLER
Defendant(s).
January 22, 2009
TO: RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. **
Your house (real estate) at, 118 WESLEY DRIVE, MECHANICSBURG, PA 17055, is
scheduled to be sold at the Sheriff s Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $97,348.22
obtained by ABN AMRO MORTGAGE GROUP, 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.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
EXHIBIT "A" - MORTGAGE LEGAL
ALL THAT CERTAIN lot or parcel of land in the Township of Lower Allen, County of Cumberland and
Coininonwealth of Pennsylvania, as shown on the survey dated January 31, 1959, by DP Raffensperfer, RS,
more fully described as follows:
BEGINNING at a point in the southerly side of Wesley Drive, a distance of 691 A25 feet East of ttie southeast
comer of Windsor Boulevard and Wesley Drive; thence South 45 degrees 17' East along the southerly side of
Wesley Drive, a distance of 75.005 feet to a point; thence South 45 degrees 22' West, along the division One
between Lots Nos. 31 and 32 on the hereinafter mentioned Plan of Lots. a distance of 112.27 feet to a point;
thence North 44 degrees 38' West, along the division fife between Lots Nos. 12 and 31, a distance of 75 feet to
a point; thence Notch 45 degrees 22' East along the division line between Lots Nos. 31 and 30, a distance of
111.42 feet to a point In the southerly side of Wesley Drive, the place of beginning.
BEING LOT NO. 31, Block "C Plan No. 1, Windsor Park, as recorded in Plan Book 10, Page 18 of the
Cumberland County Recorder of Deeds Office.
HAVING THEREON erected a dwelling house known as 118 Wesley Drive.
PARCEL NO. 13-23-0559-067
TITLE TO SAID PREMISES IS VESTED IN RANDALL W. KELLER, MARRIED
MAN, LEGALLY SEPARATED, AS SOLE OWNER; BY DEED FROM DAISY B.
JACKSON AND DENNIS O. JACKSON AND DEANNA G. HASKELL, TRUSTEES
OF THE JACKSON FAMILY IRREVOCABLE TRUST DATED OCTOBER 27, 2002,
BY DENNIS O. JACKSON AS CO-TRUSTEE, DATED 02/05/2003, RECORDED
02/11/2003, IN DEED BOOK 255, PAGE 3612.
AFFIDAVIT OF SERVICE
PLAIT C I ABN AMRO MORTGAGE GROUP, INC.
DEFENDANT(S) RANDALL W. KELLER
SERVE RANDALL W. YELLER AT:
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
CUMBERLAND COUNTY
No. 07-2352
ACCT. #153343
Type of Action
- Notice of Sheriff's Sale
Sale Date: JUNE 10, 2009
/ SERVED T i
Served eand made known to t4?/ 0-, Defendant, on the s day of 2002
at 1! , o'cIoclg? in., at _Ilt 1A leev /htr?av??" Commonwealth
of Pennsylvania, in the manner described below:
_ 6 Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Name and 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:
Description: Age D ° qr Height v Weight/,V-0 Race sue- Sex _[A Other
I,
All /a competent adult, being duly sworn according to law, d se 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, iss in the captioned case on the date and at
the address indicated above.
Sworn to and subscribed
this Z11' day Kent eri? bdker,
19 iZee Drive
of 200P. Burlington NJ 08016
No _ - r By: 14?? 60S-87-k-4231
C AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED.
Notary Public
State of New Jersey NOT SERVED
PATRICIA E. 4A"RIS
Cession Expirec;n®f16, 2013 200_, at o'clock _.in., Defendant NOT FOUND because:
Moved Unknown _ No Answer
1st Attempt: / I Time:
3rd Attempt: Time:
Sworn to and subscribed
before me this day
of 200_.
Notary:
By:
Vacant
2nd Attempt: Time:
Attorney for Plaintiff
DANIEL G. SCH IIEG, Esquire - I.D. No. 62205
One Penn Center at Suburban Station, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
? o ? 5?
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PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
ABN AMRO MORTGAGE GROUP, INC. Court of Common Pleas
Plaintiff
Civil Division
V.
RANDALL W. KELLER
: CUMBERLAND County
No. 07-2352
Defendant
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the
Prothonotary to amend the judgment in this matter, and in support thereof avers the following:
1. Plaintiff commenced this foreclosure action by filing a Complaint on April 24,
2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit
"A„
2. Judgment was entered on June 1, 2007 in the amount of $93,990.35. A true and
correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as
Exhibit "B".
3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment
containing a dollar amount must be entered for the amount claimed in the complaint and any item
which can be calculated from the complaint, i.e. bringing the interest current. However, new items
cannot be added at the time of entry of the judgment.
4. A Sheriff s Sale of the mortgaged property at 118 WESLEY DRIVE,
MECHANICSBURG, PA 17055 (hereinafter the "Property") was postponed or stayed for the
following reason:
a.) The Defendant filed a Chapter 13 Bankruptcy at Docket Number 1:08-01846 on May 22,
2008. The Plaintiff obtained relief from the bankruptcy stay by order of court dated
December 9, 2008. A true and correct copy of the Relief Order is attached hereto, made part
hereof, and marked as Exhibit "C".
5. The Property is listed for Sheriffs Sale on June 10, 2009.
6. Additional sums have been incurred or expended on Defendant's behalf since the
Complaint was filed and Defendant has been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance $85,487.95
Interest Through June 10, 2009 $9,102.72
Per Diem $14.05
Late Charges $1,080.90
Legal fees $2,300.00
Cost of Suit and Title $1,661.50
Sheriffs Sale Costs $1,834.74
Property Inspections/ Property Preservation $222.37
Appraisal/Brokers Price Opinion $0.00
Mortgage Insurance Premium / $234.75
Private Mortgage Insurance
Non Sufficient Funds Charge $0.00
Suspense/Misc. Credits ($0.00)
Escrow Deficit $2,872.01
TOTAL $104,796.94
7. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to
inclusion of the figures set forth above in the amount of judgment against the Defendant.
9. Plaintiff's foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiff's attached brief.
10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of
its proposed Motion to Reassess Damages and Order to the Defendant on April 2, 2009 and
requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant.
A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of
mailing are attached hereto, made part hereof, and marked as Exhibit "D".
11. No judge has previously entered a ruling in this case.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan & Schmieg, LLP
DATE: z l ° By:
Michele M. radford, Esquire
Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
ABN AMRO MORTGAGE GROUP, INC. Court of Common Pleas
Plaintiff
Civil Division
V.
CUMBERLAND County
RANDALL W. KELLER
Defendant
No. 07-2352
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
1. BACKGROUND OF CASE
RANDALL W. KELLER executed a Promissory Note agreeing to pay principal, interest,
late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as
these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at
118 WESLEY DRIVE, MECHANICSBURG, PA 17055. The Mortgage indicates that in the
event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes,
insurance, and other items, in order to protect the security of the Mortgage.
In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous,
promised monthly mortgage payments. Accordingly, after it was clear that the default would not be
cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently
entered by the Court, and the Property is currently scheduled for Sheriffs Sale.
Because of the excessive period of time between the initiation of the mortgage foreclosure
action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are
outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments
tendered through bankruptcy, if any.
II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
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 § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase
Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The
Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its
judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489
(Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998).
Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445
Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact,
can be expected to change from day to day because the bank must advance sums in order to protect
its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must
protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d
826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment, and if there is competitive bidding for the Property,
Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to
protect its interests. Conversely, amending the in rem judgment will not be detrimental to
Defendant as it imputes no personal liability.
In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that
a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa.
Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not
adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender
payments during the foreclosure proceeding and the advances made by the mortgage company. The
Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal
and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is
also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance
premiums, fire insurance premiums, taxes and other assessments relating to the Property. The
mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant
unjust financial losses on this loan.
III. THE FORECLOSURE JUDGMENT IS IN REM ONLY
The within case is a mortgage foreclosure action, the sole purpose of which is to take the
mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage
foreclosure is strictly in rem and does not include any personal liability. Newtown Village
Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer
Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania
Rule of Civil Procedure 1141(a).
However, Pennsylvania law requires that the foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for
bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the
mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would
receive the amount of the in rem judgment from the Sheriff.
IV. INTEREST
The Mortgage clearly requires that the Defendant shall promptly pay when due the principal
and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be
charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior
to the date of default through the date of the impending Sheriff s sale has been requested.
V. TAXES AND INSURANCE
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure
proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale,
Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the
outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be
able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums.
Most importantly, the Mortgage specifically provides that the mortgagee may advance the
monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is
simply seeking to have the Court enforce the terms of the Mortgage.
VI. ATTORNEY'S FEES
The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance
with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly
concluded that a request of five percent of the outstanding principal balance is reasonable and
enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and
Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super.
1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent
included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville
Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable
Court's equitable authority to set attorney's fees and costs as it deems reasonable.
VII. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE: -?ez
Phelan Hallinan & Schmieg, LLP
By:
Michele M. Bradford, Esquire
Attorney for Plaintiff
Exhibit "A"
N
4
rr,r 4
A
44
PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
DANIEL G. SCHMIEG, ESQ., Id. No. 62205
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000 153343
ABN AMRO MORTGAGE GROUP, INC
7159 CORKLAN DRIVE
JACKSONVILLE, FL 32258-4455
V.
Plaintiff
RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
Defendant
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. O'r
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
pLEC?'.
p?TIiRN
correNzt COPY IQ1A
rngj - T' N'd Of r m'
File #: 153343
NOTICE
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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
File #: 153343
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
File #: 153343
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.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A
DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT
A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON
REAL ESTATE.
File #: 153343
1. Plaintiff is
ABN AMRO MORTGAGE GROUP, INC.
7159 CORKLAN DRIVE
JACKSONVILLE, FL 32258-4455
2. The name(s) and last known address(es) of the Defendant(s) are:
RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 02/07/2003 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 Book: 1795, Page: 3375. The mortgage
and assignment(s), if any, are matters of public record and are incorporated herein by
reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its
obligations to attach documents to pleadings if those documents are of public record.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 12/01/2006 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.
File #: 153343
6.
The following amounts are due on the mortgage:
Principal Balance $88,342.18
Interest $2,526.48
11/01/2006 through 04/23/2007
(Per Diem $14.52)
Attorney's Fees $1,325.00
Cumulative Late Charges $93.12
02/07/2003 to 04/23/2007
Cost of Suit and Title Search 750.00
Subtotal $93,036.78
Escrow
Credit $0.00
Deficit $416.33
Subtotal 416.33
TOTAL $93,453.11
7
8.
If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may
be less than the amount demanded based on work actually performed. The attorney's fees
requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its
right to collect attorney's fees up to 5% of the remaining principal balance in the event the
property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the
action requires additional fees in excess of the amount demanded in the Action.
Plaintiff is not seeking a judgment of personal liability (or an in personam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
File #: 153343
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's
Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or
Notice of Default as required by the mortgage document, as applicable, have been sent to
the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by
said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff
or an authorized consumer credit counseling agency, or has/have been denied assistance
by the Pennsylvania Housing Finance Agency.
10. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum
of $93,453.11, together with interest from 04/23/2007 at the rate of $14.52 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.
PHELAN HALLINAN & SCHMI P
By: /s/F ancis S. Hal
LAWRENCE T. PHELAN, ESQUIRE
DANIEL G. SCHMIEG, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 153343
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or parcel of land in the Township of Lower Allen, County of
Cumberland and Commonwealth of Pennsylvania, as shown on the survey dated January 31,
1959, by DP Raffensperfer, RS, more fully described as follows:
BEGINNING at a point in the southerly side of Wesley Drive, a distance of 691.425 feet East of
the southeast corner of Windsor Boulevard and Wesley Drive; thence South 45 degrees 17
minutes East along the southerly side of Wesley Drive, a distance of 75.005 feet to a point;
thence South 45 degrees 22 minutes West, along the division line between Lots Nos. 31 and 32
on the hereinafter mentioned Plan of Lots, a distance of 112.27 feet to a point; thence North 44
degrees 38 minutes West, along the division line between Lots Nos. 12 and 31, a distance of 75
feet to a point; thence North 45 degrees 22 minutes East along the division line between Lots
Nos. 31 and 30, a distance of 111.42 feet to a point in the southerly side of Wesley Drive, the
place of beginning.
BEING LOT NO. 31, Block'C', Plan No. 1, Windsor Park, as recorded in Plan Book 10, Page 18
of the Cumberland County Recorder of Deeds Office.
HAVING THEREON erected a dwelling house known as 118 Wesley Drive.
PARCEL NO. 13-23-0559-067
PROPERTY BEING: 118 WESLEY DRIVE
File #: 153343
FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF
in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not
be obtained within the time allowed for the filing on the pleading, that he is authorized to make this
verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil
Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and
correct to the best of his knowledge, information and belief.
The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S.
Sec. 4904 relating to unworn falsification to authorities.
, -1) /a, c -
FRANCIS S. HALLINAN, ESQUIRE
Attorney for Plaintiff
DATE: t/ 7' . v
Exhibit "B"
PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
-Attoftey for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(2151563-7000
ABN AMRO MORTGAGE GROUP, INC.
7159 CORKLAN DRIVE
JACKSONVILLE, FL 32258-4455
Plaintiff,
v.
RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
ATTORNEY FILE COPY
PLEASE RETURN _
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-2352
ATTORNEY FILE COPY
PLEASE RETURN :`
? ^'
o
.
Defendant(s). n ; c
-.- z
m
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO(?'=' ! ?°??
ANSWER AND ASSESSMENT OF DAMAGES r ?'
TO THE PROTHONOTARY: N
Kindly enter an in rem judgment in favor of the Plaintiff and against RANDALL W. KELLP:1
Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof
and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows:
As set forth in Complaint
Interest from 04/24/07 to 05/30/07
TOTAL
$93,453.11 ATTORNEY FILE COPY ??
$537.24 PLEASE RETURN :'.??
$93,990.35
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 R?237.1, copy attached.
`?` V
ANIEL G. SCH IEG, ES
A Ojgy FILE C N Attorney for Plaintiff
PLEASE RJR
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: ?( ?l
fidRN?( ? 14 PRO PROTHY
153343 ?, Q`s ?,v
Exhibit "C"
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE:
RANDALL W. KELLER
Debtor Bk. No. 1:08-bk-01846 MDF
ABN AMRO MORTGAGE GROUP, INC. Chapter No. 13
Movant
V.
RANDALL W. KELLER
Respondent
Re: Docket Entry No: 36
11 U.S.C. §362
ORDER MODIFYING §362 AUTOMATIC STAY
Upon consideration of Motion of ABN AMRO MORTGAGE GROUP, INC. (Movant), it is:
ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy
Code 11 U.S.C. §362 is modified with respect to premises 118 WESLEY DRIVE, MECHANICSBURG,
PA 17055, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to
foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee)
to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises;
and it is further
ORDERED that Rule 4001(a)(3) is not applicable and ABN AMRO MORTGAGE GROUP,
INC. may immediately enforce and implement this Order granting Relief from the automatic stay.
By the Coinl,
7*0?- )10/*? Q -
Ban rup Judge (JoK)
This document is electronically signed and filed on the same date.
Dated: December 9, 2008
Case 1:08-bk-01846-MDF Doc 46 Filed 12/09/08 Entered 12/09/0814:59:53 Desc
Main Document Page 1 of 1
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VERIFICATION
Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this
action, that she is authorized to make this verification, and that the statements made in the foregoing
Motion to Reassess Damages are true and correct to the best of her 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.
Phelan Hallinan & Schmieg, LLP
DATE: By:
Michele M. Bradford, Esquire
Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
ABN AMRO MORTGAGE GROUP, INC.
Plaintiff
Court of Common Pleas
Civil Division
V.
RANDALL W. KELLER
CUMBERLAND County
No. 07-2352
Defendant
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individuals on the date indicated below.
RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
DATE: 7z /113-
Hallinan & Schmieg, LLP
Phelan
By: ??
Michele M. Bradford, Esquire
Attorney for Plaintiff
FIILIE 01 tVL
(,F 7HL n : 0TARY
2009 A 'R 13 AM 9: 4 2
'APR
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
ABN AMRO MORTGAGE GROUP, INC. Court of Common Pleas
Plaintiff
Civil Division
V.
CUMBERLAND County
RANDALL W. KELLER
No. 07-2352
Defendant
RULE
AND NOW, this 17 day of Ov.J 2009, a Rule is entered upon the Defendant
to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Damages.
Rule Returnable
e um an oun ,
BY TH COURT
J.
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Cia v
Michele M. Bradford, Esquire
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
TEL: (215) 563-7000
FAX: (215) 563-3459
michele.bradford(ir),fedphe.com
RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
153343
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
ABN AMRO MORTGAGE GROUP, INC.
Plaintiff
V.
RANDALL W. KELLER
Defendant
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 07-2352
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's April 17, 2009 Rule was sent
to the following individual on the date indicated below.
RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
DATE:
By: alli & q Schmieg, LLP
Attorney for Plaintiff
Phe
Mic ele . Brord Es wire
,.r Trw,,>.F?;;ty
OF THE
2009 APR 30 AM 10: i
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
c
ABN AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY
Plaintiff COURT OF COMMON PLEAS
RANDALL W. KELLER
Defendant(s)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF BLAIR
1, FS . J4,ll, .,/
verify as follows:
Esq. attorney for ABN AMRO MORTGAGE GROUP, INC. herby
As required by Pa. R.C.P. 3129. 1 (a), Notice of Sale has been given to all known Lienholders and any
known interested party 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 Affidavit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail
Return Receipt stamped by the U.S. Postal Service is attached hereto as Exhibit "A".
Date:
By. 1
Lawrence T. Phelan, Esq., Id. No. 32227
.-Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Michele M. Bradford, Esq., Id. No. 69849
Judith T. Romano, Esq., Id. No. 58745
Sheetal R. Shah-Jani, Esq., Id. No. 81760
Jenine R. Davey, Esq., Id. No. 87077
Lauren R. Tabas, Esq., Id. No. 93337
Vivek Srivastava, Esq., Id. No. 202331
Jay B. Jones, Esq., Id. No. 86657
Peter J. Mulcahy, Esq., Id. No. 61791
Andrew L. Spivack, Esq., Id. No. 84439
Jaime McGuinness, Esq., Id. No. 90134
Chrisovalante P. Fliakos, Esq., Id. No. 94620
Joshua I. Goldman, Esq., Id. No. 205047
Attorneys for Plaintiff
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a
representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a
representative of the plaintiff is not present at the sale.
CIVIL DIVISION
NO. 07-2352
SS:
AFFIDAVIT PURSUANT TO RULE 3129.1
AND RETURN OF SERVICE PURSUANT TO
Pa. R.C.P. 405 OF NOTICE OF SALE
PHELAN HALLINAN & SCHMIEG, LLP
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FILED-O' I:FICE
OF THE FR'C;II-'-'(`'`,7MY
2009 MAY -8 AM H: 45
PHELAN I-LkLLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadeluhia PA 19103-1814
ABN AMR MORTGAGE GROUP, INC.
Plaintiff
V.
RANDALL W. KELLER
Defendant
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 07-2352
MOTION TO MAKE RULE ABSOLUTE
Esquire, here
action, and it
1.
2.
3.
Defendant to
and correct ci
AMRO MORTGAGE GROUP, INC., by and through its attorney, Michele M. Bradford,
by petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned
support thereof avers as follows:
That it is the Plaintiff in this action.
A Motion to Reassess Damages was filed with the Court on April 13, 2009.
A Rule was entered by the Court on or about April 17, 2009 directing the
show cause why the Motion to Reassess Damages should not be granted. A true
of the Rule is attached hereto, made part hereof, and marked Exhibit "A".
4. The Rule to Show Cause was timely served upon all parties on April 29, 2009, in
accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate
of Service i4 attached hereto, made part hereof, and marked Exhibit "B".
5. Defendant failed to respond or otherwise plead by the Rule Returnable date of
May 19,
Plaintiff requests that this Honorable Court make the Rule to Show
Cause absol?te and grant Plaintiff's Motion to Reassess Damages.
P an Hg1linan Sc eg, LLP
DATE: By;
Ichche M. Bradford, Esqui
Attfor Plaintiff
PHELAN H LLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
G1J JVJ-/V V
ABN AMR MORTGAGE GROUP, INC.
Plaintiff
V.
RANDALL . KELLER
Defendant
RT OF
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 07-2352
A M tion to Reassess Damages was filed with the Court on April 13, 2009. A Rule was
entered by t Court on or about April 17, 2009 directing the Defendant to show cause why the
Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served
upon all parties on April 29, 2009 in accordance with the applicable rules of civil procedure.
Defendant fa led to respond or otherwise plead by the Rule Returnable date of May 19, 2009.
RE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiff's Motion to Reassess Damages.
P
P elan Hallinan & Sc4Esqui
DATE: By:
Michel . r ford, Attorne
y for Plaintiff
Exhibit "A"
aae 14209067
IN THE COURT OF`COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
ABN AMRO MORTGAGE GROUP, INC.
Plaintiff Court of Common Pleas
Civil Division
V.
RANDAL W. KELLER CUMBERLAND County
Defendant No. 07-2352
RULE
AND NOW, this / i day of ' 2009, a Rule is entered upon the Defendant
to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Damages.
2r0 c,?s aReK service.
Rule Re ble
)Ann @a 4-68
BY COURT
J.
Exhibit "B"
0 THE: P?(}'IY4TtT
APR 30 AH 10.51
A
G'• f t i 1T
PHELAN LLINAN & SCHMIEG, LLP
by: Michel M. Bradford, Esquire
Atty. I.D. . 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
ABN AMR MORTGAGE GROUP, INC. Ltp Court of Common Pleas
Plaintiff Pt 8-4 o? ,0 0
TU4 MAI Division
V.
W. KELLER
Defendant
I
CUMBERLAND County
No. 07-2352
CERTIFICATION OF SERVICE
certify that a true and correct copy of the Court's April 17, 2009 Rule was sent
to the follo ng individual on the date indicated below.
RANDALL W. KELLER
118 WESL Y DRIVE A EASF (;
MECHANI SBURG, PA 17055 PLE?$ Y
IN
jPhej alli & Schmieg, LLP
DATE: By:
. B ord, Esquire
Attorney for Plaintiff
VERIFICATION
M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this
action, that s4e is authorized to make this verification, and that the statements made in the
foregoing M?tion to Make Rule Absolute are true and correct to the best of her knowledge,
information ?nd belief. The undersigned understands that this statement herein is made subject
to the sworn(penalties of 18 N.C.S. 4904 relating to the unsworn falsification of authorities.
Phelan Hllinan & ScZEsqul
', LLP JA N
DATE: By:
It 4VIAYJ IV(
chef M. Bradford, re
At
torney for Plaintiff
PHELAN LLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia PA 19103-1814
15
ABN AMR( MORTGAGE GROUP, INC.
Plaintiff
V.
RANDALL W. KELLER
Defendant
I
and Brief in
below.
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 07-2352
CERTIFICATION OF SERVICE
by certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute
Support thereof were served upon the following individuals on the date indicated
RANDALL . KELLER
118 WESLEY DRIVE
MECHANI SBURG, PA 17055
DATE:
Phel aMiallin & Sc ie , LLP
By:
the M. Brad lo id, sq
Attorney for Plaintiff
FUEL ,
2,1009 Htai 27 E '.
MAY ? b 2009 ?.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ABN AMRO MORTGAGE GROUP, INC. Court of Common Pleas
Plaintiff
Civil Division
V.
CUMBERLAND County
RANDALL W. KELLER
No. 07-2352
Defendant
ORDER
AND NOW, this Zg day of M41 , 2009, upon consideration of Plaintiffs
Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered
upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess
Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to
amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows:
Principal Balance $85,487.95
Interest Through June 10, 2009 $9,102.72
Per Diem $14.05
Late Charges $1,080.90
Legal fees $2,300.00
Cost of Suit and Title $1,661.50
Sheriffs Sale Costs $1,834.74
Property Inspections/ Property Preservation $222.37
Appraisal/Brokers Price Opinion $0.00
Mortgage Insurance Premium / $234.75
Private Mortgage Insurance
Non Sufficient Funds Charge $0.00
y
F1LEO -" T ,.,;?-.
v
sfa4f,? -
Irs
Suspense/Misc. Credits
Escrow Deficit
TOTAL
($0.00)
$2,872.01
$104,796.94
Plus interest from June 10, 2009 through the date of sale at six percent per annum.
Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above
figure.
153343
BY THE COURT/
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2007-2352 Civil Term
ABN Amro Mortgage Group, Inc.
VS
Randall W. Keller
Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that
on February 3, 2009 at 1919 hours, 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
Randall W. Keller, by making known unto Randall W. Keller personally, at, 118 Wesley
Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time
handing to him personally the said true and correct copy of the same.
Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that
on April 4, 2009 at 0953 hours, he posted a true copy of the within Real Estate Writ, Notice,
Poster and Description, in the above entitled action, upon the property of Randall W. Keller,
located at, 118 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania according
to law.
Thomas Kline, Sheriff, who being duly sworn according to law, states he served the
above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff
mailed a notice of the pendency of the action to the within named defendant, to wit: Randall
W. Keller, by regular mail to his last known address of 118 Wesley Drive, Mechanicsburg,
PA 17055. This letter was mailed under the date of April 1, 2009 and never returned to the
Sheriffs Office
Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is
returned STAYED.
Sheriff s Costs:
Docketing; 30.00
Poundage 506.96
Posting Bills 15.00
Advertising 15.00
Prothonotary 2.00
Milage 21.60
Levy 15.00
Surcharge 20.00
Law Journal 355.00
Patriot News 315.49
Share of Bills 15.43
c
:a
1,311.48
//q/01 (?'
-J,00 C.
il/
(X, .7 0
So Ans 's
R. Thomas Kline, Sheriff
By ^?
Real state Coordinator
The Patriot-News Co.
812 Market St.
Harrisburg, RA 17101
Inquiries - 717-255-8213
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
i4epatriot-mews
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant 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 date(s) indicated below. 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
This ad ran on the date(s) shown below:
04/24/09
05101/09
05/08/09
.........
Sworn to
G 'Lti I' Li -.(
me this 12 day of May, 2009 A.D.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
otarial Seat
:=OfHa:rmr'49Wrg, Kisner, Notary Public
CDauphin County
EVires Nov. 26, 2011
Member, Pennsylvania Assoclatlon of Notaries
Real Eetele Sale No. 17
Writ No. 2057-2382 CIvN Term
ABN Amro Mortgage Group, Inc.
VS
Randall W. Keller
Attorney Daniel G. Schmleg
LEGAL DESCRIPTION
EXHIBIT "A" - MORTGAGE LEGAL
ALL THAT CERTAIN lot or parcel of land in
the Township of Lower Allen, County of
a Cumberland and Commonwealth of
F Pennsylvania, as shown on the survey dated
January 31, 1959, by DP Raffensperfer, RS,
more fully described as follows:
BEGINNING at a point in the southerly side of
Wesley Drive, a distance of 691.425 feet East of
the southeast comer of Windsor Boulevard and
Wesley Drive; thence South 45 degrees 17' East
along the southerly side of Wesley Drive, a
distance of 75,005 feet to a point; thence South
45 degrees 22' West, along the division fine
between Las Nos. 31 and 32 on the hereinafter
mentioned Plan of Lots, a distance of 112.27
feet to a point; thence North 44 degrees 38'
West, along the division line between Lots Nos.
s 12 and 31, a distance of 75 feet to a point;
thence North 45 degrees 22' East along the
division line between Lots Nos. 31 and 30, a
distance of 111.42 feet to a point on the
rt southerly side of Wesley Drive, the place of
beginning
BEING LOT NO. 31, Block "C", Plan No. 1,
Windsor Park,. as recorded in Plan Book 10,
Page 18 of the Cumberland County, Recorder of
Deeds Office.
HAVING THEREON erected a dwelling house
G known as 118 Wesley Drive.
PARCEL NO.13-29-0359-067
TITLE TO SAID PREMISES IS VESTED IN
RANDALL W. KELLER, MARRIED MAN,
LEGALLY SEPARATED, AS SOLE OWNER,
BY DEED'FROM DAISY B. JACKSON AND
DENNIS 0. JACKSON AND DEANNA G.
HASKELL,TRUSTEES OF THE JACKSON
FAMILY IRREVOCABLE TRUST DATED
OCTOBER 27, 2002, BY DENNIS 0.
JACKSON AS CO-TRUSTEE, DATED 02!05/
2003, RECORDED 02111/2003, IN DEED
GOOK 255, PAGE 3612.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
May 1, May 8, and May 15, 2009
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.
sa Marie Coyne ditor
SWO TO AND SUBSCRIBED before me this
15 day of Ma2009
1
J
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
REAL ESTATE SALE NO. 17
Writ No. 2007-2352 Civil
ABN Amro Mortgage Group, W(
V11
Randall W. Keller
Atty.: Daniel G. Schmieg
EXHIBIT "A"
MORTGAGE LEGAL
ALL THAT CERTAIN lot or parcel
of land in the Township of Lower
Allen, County of Cumberland and
Commonwealth of Pennsylvania, as
shown on the survey dated January
31, 1959, by DP Raffensperfer, RS,
more fully described as follows.
BEGINNING at a point in the
southerly side of Wesley Drive, a
distance of 691.425 feet East of the
southeast corner r.f Windsor Boule
vard and Wesleti Drive; thence South
45 degrees 17' East along the south
erly side of Wesley Drive, a distance of
75.005 feet to a point; thence South
45 degrees 22' West, along the divi-
sion line between Lots Nos. 31 and
32 on the hereinafter mentioned Plan
of Lots, a distance of 112.27 feet t;
a point; thence North 44 degrees 38'
West, along the division line between
Lots Nos. 12 and 31, a distance of
75 feet to a point, thence North 45
degrees 22' East along the division
line between Lots Nos. 31 and 30, ?t
distance of 111.42 feet to a point ir;
the southerly side of Wesley Drive.
the place of beginning.
BEING LOT NO. 31, Block
Plan No. 1, Windsor Park, as re
corded in Plan Book 10, Page 18 of
the Cumberland Countv Recorder of
Deeds Office.
HAVING THEREON erected
dwelling house known as 118 Wesley
Drive.
PARCEL NO. 13-23-0559-067.
TITLE TO SAID PREMISES 1S
VESTED IN Randall W. Keller, mar-
ried man, legally separated, as sole
owner, by Deed from Daisy B. Jack-
son and Dennis O. Jackson and
Deanna G. Haskell, Trustees of the
Jackson Family Irrevocable Trust
dated October 27, 2002, by Dennis
0. Jackson As Co-Trustee, dated 02 f
05/2003, recorded 02/ 111/2003: in
Deed Book 255, Page 3612.
ABN AMRO MORTGAGE GROUP, INC.
Plaintiff,
V.
RANDALL W. KELLER
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-2352
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. l)
ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by its attorney, DANIEL G.
SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at ,118 WESLEY DRIVE,
MECHANICSBURG, PA 17055.
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
RANDALL W. KELLER 118 WESLEY DRIVE
MECHANICSBURG, PA 17055
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
4. Name and address of last recorded holder of every mortgage of record:
Name
Members 1St Federal Credit Union
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
5000 Louise Drive
Mechanicsburg, PA 17055
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Internal Revenue Service
Federated Investors Tower
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
6th Floor, Strawberry Sq., Dept. 28061
Harrisburg, PA 17128
13th Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
P.O. Box 8486
Willow Oak Building
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 or'ties.
January 22, 2009
DATE DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
Pi
ABN AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY
Plaintiff,
V. No. 07-2352
RANDALL W. KELLER
Defendant(s).
January 22, 2009
TO: RANDALL W. KELLER
118 WESLEY DRIVE
MECHANICSBURG, PA 17055
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT, B UT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * *
Your house (real estate) at, 118 WESLEY DRIVE, MECHANICSBURG, PA 17055, is
scheduled to be sold at the Sheriff s Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $97,348.22
obtained by ABN AMRO MORTGAGE GROUP, 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.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling 215 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
EXHIBIT "A" - MORTGAGE LEGAL
ALL THAT CERTAIN lot or parcel of land in the Township of Lower Allen, County of Cumberland and
C&nmonweaith of Pennsylvania, as shown on the survey dated January 31, 1959, by DP Raffensperfer, RS,
more fully described as follows
BEGINNING at a point in the southerly side of Wesley Drive, a distance of 691.425 feet East of the southeast
corner of Windsor Boulevard and Wesley Drive; thence South 45 degrees 17' East along the southerly side of
Wesley Drive, a distance of 75.005 feet to a point; thence South 45 degrees 22' West, along the division line
between Lots Nos. 31 and 32 on the hereinafter mentioned Plan of Lots, a distance of 112.27 feet to a point;
thence North 44 degrees 38' West, along the division line between Lots Nos. 12 and 31, a distance of 75 feet to
a point; thence North 45 degrees 22' East along the division line between Lots Nos. 31 and 30, a distance of
111.42 feet to a point in the southerly side of Wesley Drive, the place of beginning.
BEING LOT NO. 31, Block "C", Plan No. 1, Windsor Park, as recorded in Plan Book 10, Page 18 of the
Cumberland County Recorder of Deeds Office.
HAVING THEREON erected a dwelling house known as 118 Wesley Drive.
PARCEL NO. 13-23-0559-067
TITLE TO SAID PREMISES IS VESTED IN RANDALL W. KELLER, MARRIED
MAN, LEGALLY SEPARATED, AS SOLE OWNER; BY DEED FROM DAISY B.
JACKSON AND DENNIS O. JACKSON AND DEANNA G. HASKELL, TRUSTEES
OF THE JACKSON FAMILY IRREVOCABLE TRUST DATED OCTOBER 27, 2002,
BY DENNIS O. JACKSON AS CO-TRUSTEE, DATED 02/05/2003, RECORDED
02/11/2003, IN DEED BOOK 255, PAGE 3612.
EXHIBIT "A"- MORTGAGE LEGAL
ALL THAT CERTAIN lot or parcel of land in the Township of Lower Allen, County of Cumberland and
Col-nmonwealth of Pennsylvania, as shown on the survey dated January 31, 1959, by DP Raffensperfer, RS,
more fully described as follows:
BEGINNING at a point in the southerly side of Wesley Drive, a distance of 691.425 feet East of the southeast
corner of Windsor Boulevard and Wesley Drive; thence South 45 degrees 17' East along the southerly side of
Wesley Drive, a distance of 75.005 feet to a point; thence South 45 degrees 22' West, along the division line
between Lots Nos. 31 and 32 on the hereinafter mentioned Plan of Lots, a distance of 112.27 feet to a point;
thence North 44 degrees 38' West, along the division line between Lots Nos. 12 and 31, a distance of 75 feet to
a point; thence North 45 degrees 22' East along the division line between Lots Nos. 31 and 30, a distance of
111.42 feet to a point In the southerly side of Wesley Drive, the place of beginning.
BEING LOT NO. 31, Block "C", Plan No. 1, Windsor Park, as recorded in Plan Book 10, Page 18 of the
Cumberland County Recorder of Deeds Office_
HAVING THEREON erected a dwelling house known as 118 Wesley Drive.
PARCEL NO. 13-23-0559-067
TITLE TO SAID PREMISES IS VESTED IN RANDALL W. KELLER, MARRIED
MAN, LEGALLY SEPARATED, AS SOLE OWNER, BY DEED FROM DAISY B.
JACKSON AND DENNIS O. JACKSON AND DEANNA G. HASKELL, TRUSTEES
OF THE JACKSON FAMILY IRREVOCABLE TRUST DATED OCTOBER 27, 2002,
BY DENNIS O. JACKSON AS CO-TRUSTEE, DATED 02/05/2003, RECORDED
02/11/2003, IN DEED BOOK 255, PAGE 3612.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 07-2352 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP. INC., Plaintiff (s)
From RANDALL W. KELLER
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $97,348.22 L.L.
Interest from 9/06/07 to 6/10/09 (per diem - $16.00) -- $10,304.00 and Costs
Atty's Comm % Due Prothy $2.00
Atty Paid $1,999.24 Other Costs
Plaintiff Paid
Date: 1/23/09
Curtis R. Long, Prothonotar
(Seal) By:
Deputy
REQUESTING PARTY:
Name: DANIEL G. SCHMIEG, ESQUIRE
Address: PHELAN HALLINAN & SCHMIEG LLP
ONE PENN CENTER, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215.563.7000
Supreme Court ID No. 62205
Real Estate Sale # 17
On January 28, 2009 the Sheriff levied upon the
defendant's interest in the real property situated in
Lower Allen Township, Cumberland County, PA
Known and numbered as 118 Wesley Drive,
Mechanicsburg, more fully described on Exhibit "A" filed
with this writ and by this reference incorporated herein.
Date: January 28, 2009
By: dattil,
..,
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