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HomeMy WebLinkAbout03-4816FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 LASALLE BANK, N.A., F/FdA LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 9/1/97, SERIES 1997-3 909 HIDDEN RIDGE DRIVE SUITE 200 IRVING, TX 75038 Plaintiff JEANETTE Y. WARNER 329 CHESTNUT STREET AND MCELWEE STREET MT. HOLLY SPRINGS, PA 17065 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O3 - CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 end 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 eny 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 79233 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. File #: 79233 Plaintiff is LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 9/1/97, SERIES 1997-3 909 HIDDEN RIDGE DRIVE SUITE 200 IRVING, TX 75038 The name(s) and last known address(es) of the Defendant(s) are: JEANETTE Y. WARNER 329 CHESTNUT STREET AND MCELWEE STREET MT. HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 08/21/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EQUITY ONE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1400, Page 813. By Assignment of Mortgage recorded 9/5/02 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 689, Page 4942. 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 05/01/2003 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 #: 79233 The following amounts are due on the mortgage: Principal Balance Interest 04/01/2003 through 09/10/2003 (Per Diem $15.38) Attorney's Fees Cumulative Late Charges 08/21/1997 to 09/10/2003 Cost of Suit and Tire Search Subtotal $52,237.08 2,506.94 1,250.00 102.63 $ 550.00 $ 56,646.65 Escrow Credit 0.00 Deficit 2,894.46 Subtotal $ 2,894.46 TOTAL $ 59,541.11 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 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. 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 $ 59,541.11, together with interest from 09/10/2003 at the rate of $15.38 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. By: FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 79233 ALL THAT CERTAIN lot of-ground with the Improvements thereon ereotod situate in the Boroul]h .of Mount Holly Springs, Cumberland County0 Pennsylvania, bounded end described as follows.' On ghe IEaT=t by Chestnut Street; on the Woet by a 20 foot wide alley; on the Nor[h by a 15 foot .Nlde elleyJ and -on South by property now or formerly of lasso Noff~inger, having a frontage of 40 feet, more or less, on Chestnut Street and extending In depth at right angles thereto 180 feet. more or lass, to said alley on the Wear: being lmp~-oved with a two and one-half story frame dwelling. E~EING the same property which ~mmart E. Wolfe end Pauline E. Wolfe, his wife, by their Deed dated Geptembar 19, lgBT, and recorded in the office of the Recorder of Deeds {or Cumberland County In Deed Book "A", Vol. 18, Page 577, granted and conveyed onto Raymond C. poller, Jr. and Alberta J. Poller, his wlfe. Alberta J. Peifer dle;:[ July 31, 1996, thereby vesting full dfle in Raymond C. Poller Jr. TOGETHER ,vith all and~,~, slngular ways, waters, water-courses, rights, liberties, privileges, hereditam~nts and appurtenanoee what~oever thereunto belonging, or In an,/wlso appertalnlng, end the reversions and remainders, rents, Issues and profits thereof; and alas, all the estate dgh~, title, interest, use trust, TO HAVE A~ID TO HOLD, the said hereditements and premises hereby granted and releas~, or mentioned and Intended so to be. with the epl0u~tenanees, unto the said GRAI~ITEE and her heirs and assigns, to and for the only proper use end behoof of the said GRANTEE her heirs sod assigns, forever. AND the sslcI.Catherine M. 81usser. Executrix of the Estate of Raymond C. Poller Jr., a/k/e Raymond C. Pelffer Jr., deceased, covenant, promise, and agree to and with the said GRANTEE her heirs and assigns, by these presents, that she, the said Executrix has r~ot done, oommitted, knowingly or willingly suffered to be done or sommitted, any act, matter or thing whatsoever whereby the premises hereby granted, or any part thereof, is, ere, shall or may be Impeaohed, charged or enoumbered. In title, charge, estate, or other~viso howsoever. BEING KNOWN AS: 329 cuI~iSTNUT STREET. AND NCELI4EE STREET. VERIFICATION MARY JACQUE THOMPSON hereby states that she is ASSISTANT VICE PRESIDENT of EMC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: SHERIFF'S CASE NO: 2003-04816 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NA ET AL VS WARNER JEANETTE Y RETURN - REGUL~AR RON KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT WARNER JEANETTE Y DEFENDANT , at 1730:00 at 329 CHESTNUT STREET MT HOLLY SPRINGS, PA 17065 JEANETTE Y WARNER a true and attested copy of - MORT FORE was served upon the HOURS, on the 19th day of Septen~er, __ 2003 by handing to COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.14 Affidavit .00 Surcharge 10.00 .00 32.14 Sworn and Subscribed to before me this ~ ~-- day of A.D. Pgothonotary So Answers: R. Thomas Kline 09/23/2003 FEDERMAN & By: /D~ ~ty S~e ri f~f- FEDERMAN AND PI-IELAN, LLP By: FRANK FEDERSfAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215} 563-7000 LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 9/1/97, SERIES 1997-3 909 H/DDEN RIDGE DRIVE, SUITE 200 IRVING, TX 75038 Plaintiff, JEANETTE Y. WARNER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-4~16 CIVIL TERM PRAEC1PE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in real judgment in favor of the Plaintiffand against JEANETTE Y. WARNER and, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess PlaintifPs damages as follows: As set forth in Complaint Interest from 9/10/03 to 11/3/03 TOTAL $59,541.11 $845.90 $60,387.01 I hereby certify that (1) the addresses of the Plaintiffand Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, [{SQ., Id. No. 12248 LAW1LENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) 56%7000 ATTORNEY FOR PLAINTIFF LASALLLE BANK, N.A., F/K/A LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 9/1/97, SERIES 1997-3 Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY VS. : NO. 034816 CIVIL TERM JEANETTE Y. WARNER DetEndants TO: JEANETTE Y. VVARNER 329 CHESTNIfI' STREET AND MCELWEE STREET MT. HOOLY SPRINGS, PA 17065 DATE OF NOTICE: OCTOBER 10, 200:t THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3 166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF ~ S CASE NO: 2003-04816 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NA ET AL VS WARNER JEANETTE Y RETURN - REGULAR RON KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT WARNER JEANETTE Y DEFENDA/~T , at 1730:00 at.329 CHESTNUT STREET MT HOLLY SPRINGS, PA 17065 JEANETTE Y WA~RNER a true and attested copy of - MORT FORE HOURS, on the was served upon the 19th day of September, 2003 by handing to COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.14 Affidavit .00 Surcharge 10.00 .00 32.14 Sworn and Subscribed[ to before me this day of A.D. So Answers: R. Thomas Kline ~ 09/23/2003 FEDERMAN & PHELANw7 By: ~p~ut~_if~[~ Prothonotary FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTE~R AT SUBURBAN STATION 1617 JOHN F. KENIX~EDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 9/1/97, SER/ES 1997-3 909 HIDDEN RIDGE DRIVE, SUITE 200 Plaintiff, JEANETTE Y. WARNER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-4{}16 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JEANETTE Y. WARNER is over 18 years of age and resides at, 329 CHESTNUT STREET AND MCELWEE STREET, MT. HOLLY SPRINGS, PA 17065. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 9/l/97, SERIES 1997-3 909 HIDDEN RIDGE DRIVE, SUITE 200 iPlaintiff, JEANETTE Y. WARNER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-4~16 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 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 1S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** LEGAL DESCRIPTION ALL THAT CF~RTAIN lot of gro~tt with ~c inggov¢~ tltctcon ~tected sigiate {n ihe Borough of Moam Ho{ly Spriags, Cumber{a.d Co~y. P~lsylvnnia. boutld~ aral d~ac~ibed as follows: IITLE TO SAID PREMISES ~ VF3T~ iN J~tna~t~ Y. Warmsr, ~hlg{e woman by Eh:ed from Cathffiae M, $]u~s~t, Executrix dat~l 8/2111997 and recorded 8/21;1997 ia Recot4 Book ]63 Page 157. Tax ~xce~ #23-32-23~6~03! FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 9/1/97, SERIES 1997-3 Plaintiff~ JEANETTE Y. WARNER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-4~16 CIVIL TERM CERTIHCATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No~. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 LASALLE BANK, N.A., F/KJA LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 9/1/97, SERIES 1997-3 909 HIDDEN RIDGE DRIV~E, SUITE 200 Plaintiff, JEANETTE Y. WAR~ER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-4~16 CIVIL TERM VER/FICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) 'that defendant JEANETTE Y. WARNER is over 18 years of age and resides at, 329 CHESTNUT STREET AND MCELWEE STREET, MT. HOLLY SPRINGS, PA 17065. This statetnent is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 LASALLE BANK, N.A., F/K/A LASALLE : NATIONAL BANK AS TRUSTEE UNDER THE : POOLING AND SERVICING AGREEMENT : DATED 9/1/97, SERIES 1997-3 : Plaintiff, : JEANETTE Y. WARNER No. 03-4516 CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: issue writ of execution in the above matter: Amount Due Interest from 11/3/03 to MARCH 3, 2004 (per diem -$9.93) TOTAL $60,387.01 $1,201.53 and Costs $61,588.54 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. LEGAL DESCRIPTION ALL THAT CERTAIN lOt of g~oond with tl~ im~ovcal~ ~crgon erected sit.ge in the Hototlglt of Mount Holly Springs, Cumberland ComtOj. Penn~lYnnia, boumJed and deactibed aa follows: ON the Fast by Che~aut S~e~ o~ t~e Wes~ by a 20 foot wide alley; cm t~te North by a 15 foot wide alley; a~l oa the 5outh by ~y ~ow ot fotm~y of Isaac Noffalnge~, having a fromagc of 40 foet, more or less, on C~stmst ~ a~ ~xtendin~ in de~th at right angl~ ttta~o 1~0 f~, mo~e or less, to said all~y on ~e W~st; being improv~l v~ri~ a two and one-half story frame dwelling. ~I'[TLE '1~3 SAID PREMISES IS VESTED IN ]~ann~tt~ Y. Wnrner, Tie wem~n by ~ ~ C~ne M, SI~, ~ d~ 8~Ul~ ~ ~ ~UI~ ~ R~ ~k 163 hgc Tax Parcel//23-32-2336-031 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-4816 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 9/1/97, SERIES 1997-3, Plaintiff (s) From JEANETTE Y. WARNER (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 ganfishee(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 oftlae 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 $60,387.01 L.L. $.50 Interest FROM 11f3/03 TO 3/3/04 (PER DIEM - $9.93) - $1,201.53 AND COSTS Atty's Corem % Due Prothy $1.00 Atty Paid $114.14 Other Costs Plaintiff Paid Date: NOVEMBER 5, 2003 (SeaO CURTIS R. LONG REQUESTING PA_RTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 LASALLE BANK, N'.A., F/K/A LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 9/1/97, SERIES 1997-3 Plaintiff, JEANETTE Y. WARNER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 03-4~16 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 9/1/97, SERIES 1997-3, Plaintiff in the above action, by its a~torney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~329 CHESTNUT STREET AND MCELWEE STREET, MT. HOLLY SPRINGS~ PA 17065. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEANETTE Y. WARNER 329 CHESTNUT STREET AND MCELWEE STREET MT. HOLLY SPRINGS, PA 17065 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: SaBle Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. 1 VALLEY STREET, SUITE 103 CARLISLE, PA 17013 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 plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 329 CHESTNUT STREET AND MCELWEE STREET MT. HOLLY SPRINGS, PA 17065 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 unswom falsification to authorities. November 3, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff LASALLE BANK, N.A., F/FdA LASALLE : NATIONAL BANK AS TRUSTEE UNDER THE : POOLING AND SERVICING AGREEMENT : DATED 9/1/97, SERIES 1997-3 : Plaintiff, : JEANETTE Y. WARNER CUMBERLAND COUNTY No. 03-~16CIVILTERM Defendant(s). November 3, 2003 TO: JEANETTE Y. WARNER 329 CHESTNUT STREET AND MCELWEE STREET MT. HOLLY' SPRINGS, PA 17065 **THIS FIRk[ IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 329 CHESTNUT STREET AND MCELWEE STREET, MT. HOLLY SPRINGS, PA 17065, is scheduled to be sold at the Sheriff's Sale on MARCH 3, 2004 at 10:00 a.m. in thc Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $60,387.01 obtained by LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 9/1/97, SERIES 1997-3 (thc mortgagee) against you. In the event thc 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 Sheriff's 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 Sheriffthe full an~ount 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 muney bid for your house will be flied 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 ()UT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL TIiAT CERTAIN lot of ground with tl~ i.,nprovement$ tlterco, erected stoaate in Ihe Bo~ugh of Mount Holly Spriag~, Cumbexland C~ay, Pennsylvania. bounded and described as follows: ON the ,Fast by Chestnut Street on tire W¢~t by a 20 foot wide alley; o~ the NOrth by a 15 foot wide alley; alld on tile Sonlh hy plxaper~y now ot formerly of Isaac Noffsinger, having a fi'oma/ge of 40 feel, mote or less, on Che~aut b-'ttc~-t and extending in depth at tight angl,~, thr, rcto 180 fc~t. mo~ or less. to ~ alley ua thc Wc,~t; heiRg improved with a two and one-half star.,, frame dwelliag, TITLE TO SAID PREMlgE,$15 VELWFED IN Jcanncttc Y. War.er, single woman by Deed from Catherine M. Slusser. Execulrix dated 8/21/1997 and recorded 8/2U1997 ia Record Book 163 Page 157. Tax Parcel #23-32-2~3~-03J PLAINTIFF AFFIDAVIT OF SERVICE LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 9/1/97, SERIEs 1997-3 DEFENDANT(S) JEANETTE y. WARNER SERVE JEANETTE y. WARNER AT 329 CHESTNUT STREET AND MCELWEE STREET MT. HOLLY SPRINGS, PA 17065 CUMBERLAND COUNTY No. 03-4,~t6 CIVIL TERM[ ACCT. #7175656 Type of Action - Notice of Sheriff's Sale Safe Date: MARCH 3, 2004 Moved SERVED Served and made known to ~ at /O:oo , o'clock ~__.m., at_~% ~ C.ttffd'Tt, Jur of Pennaylvania, ha the manner described below: ~Defendant personally served. __ D%~Adult family member with who,m Defendant(s) reside(s) Relationship is ~Adult in charge of Defendant(s) s residence who refused to give name or relationship. ~Manager/Clerk of place of lodging in which Defendant(s) reside(s). ~Agent or person ha charge of Defendant(s)'s office or usual place of business. ~Other: _ an officer of said Defendant(s)'s company. ., Defendant, on the / 7'°F day of /~)U ,20~, pt7, 3p&j,?A l.tc V- --, Commonwealth Frank Federman, Esquire - I.D. No. 12248 Sworn to and subscribed before me this ~ day of~, 200 _. Notary: /____Time:__ : - 2"'~ Attempt:__ / / Time:__ : Time:__ : By: 3rd Attempt:__ l't Attempt:__ / Description: Age 50 Height ~ '6' Weight Z oO Race ~ Sex ~ Other a true~~2co~' mpetent adult berg duly sworn acco . PY No~ : ~-;co_ o.,_, rd~g to law de · e address md,cared above. ~~ ......... ,q fo,h herein, issue; ~Tc;~d,-stat~ that l perso~Hy Mnded ~ ] _~d.~,~ J Ce date and at ~wom to ~d subsc~ed J . .~ ~, ~ ~ [ before me t~s/~ a~ .~ .~ / PLEASE A~EMPT SERVICE AT LE~T 3 T~ES. INDICATE DATES & TIMES OF SER~CE ATTEMPTED. NOT SERVED On ~e .... day of_~, 200~, at o' ~ clock ~.m., Defendant NOT FO~D became: -~_ U~o~ No ~wer ~ Vacant FEDERMANA/qD PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF LaSalle Bank, N.A. F/K/A LaSalle Natonal Bank As Trustee Under The Pooling And Servicing Agreement Dated 9/1/97, Series 1997-3 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. Jeanette Y. Warner : CIVIL DIVISION : NO. 03-4816 CIVIL TERM PRAECIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY: Kindly enter a Rule upon Jeanette Y. Warner , Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. FEDERMAN AND PHELAN, L.L.P. Q Daniel G. Schmieg, Esqu~re Attorney for Plaintiff FEDERMA=NAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTOF~EY FOR PLAINTIFF LaSalle Bank, N.A. F/K/A LaSalle Natonal Bank As Trustee Under The Pooling And Servicing Agreement Dated 9/1/97, Series 1997-3 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. Jeanette Y. Warner : CIVIL DIVISION : NO. 03-4816 CIVIL TERM AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on January 23, 200~. Jeanette Y. Warner 329 Chestnut Street, JT. HOlly Springs, PA 17065 DATE: January 23, 2004 FEDERMAN AND PHELAN, L.L.P. Daniel G. Schmie~-'A~quire Attorney for FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF LaSalle Bank, N.A. F/K/A LaSalle Natonal Bank As Trustee Under The Pooling And Servicing Agreement Dated 9/1/97, Series 1997-3 : CUMBERLJ%ND COUNTY : COURT OF COMMON PLEAS vs. Jeanette Y. Warner : CIVIL DIVISION : NO. 03-4816 CIVIL TERM PLAINTIFF'S PETITION FOR REASSES~m~T OF DAMA~m~ Plaintiff, by its Attorney, Daniel G. to direct the Prothonotary to reassess the damages in this matter, and support thereof avers the following: 1. Complaint in Mortgage Foreclosure was filed on Septembet 12, 2003. Schmieg, Esquire, moves the Court in 2. Judgment was entered against Defendant(s} on November 5, 2003 in the amount of 60,387.01. 3. The mortgaged premises are listed for Sheriff's Sale on March 3, 2004. 4. Additional sums have been incurred or expended on Defendant(s)' behalf since the Complaint was filed and Defendant(s) have been given credit for any pa~ents that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount APril 1, 2003 through March 3, Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 2004 52,237.08 5,167.60 476.77 1,550.00 1,242.00 0.00 15.90 0.00 0.00 3,751.46 TOTAL $64440.81 Principal Balance Interest Amount APril 1, 2003 through March 3, Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit TOTAL 2004 52,237.08 5,167.60 476.77 1,550.00 1,242.00 0.00 15.90 0.00 0.00 3,751.46 $64440.81 5. Under the terms of the mortgage, Office of the Recorder of Deeds in Book (#1400), entitled to judgement in the amount as set forth against the Defendant(s). which mortgage is recorded in the Page (#813), Plaintiff is in paragraph four herein WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. FEDERMAN AND PHELAN, L.L.P. Daniel G. Schmleg, Esqu~T~ Attorney for Pi~ FEDERMAN~2%ID PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF LaSalle Bank, N.A. F/K/A LaSalle Natonal Bank As Trustee Under The Pooling And Servicing Agreement Dated 9/1/97, Series 1997-3 : vs. Jeanette Y. Warner CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 03-4816 CIVIL TERM BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS naiadES I. BACKGROUND OF CASE Plaintiff and Defendant(s) entered into a Promissory Note and Mortgage Agreement, wherein Defendant(s) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaul~ss, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub judicia, Defendant(s} failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant(s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARGUMENT FOR REASSES~M~T OF DAMAGES The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation...,, In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa. Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortqaqe Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa. Super 1988). In Chase Home Mortqaqe, assessed the Court stated that where a judgment has been following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "...could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage: agreement...,' Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. (1971). Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property' in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not enumerated pursuant to said charges should be included in Plaintiff's jud~nent amount. May Term, No. 2359 (CCP PHILA. 1986). III. CONCLUSION extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges in Plaintiff's Motion for Reassessment of Damages were incurred the Mortgage Agreement, and the mortgage had not yet been paid, 1986, Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. FEDERMAN AND PHELAN, L.L.P. Daniel G. ~chmieg,~.~ ~ Attorney for Pl~tiff CQU-n.~ C? CO~.~.ON PLEAS C?l~ TR~ DEV~SEON ~s~ia~ioR's PerlE!on f~r Reconsidera~i~g Nunc Pre Tune cf her~y'oR~D and DE~ aa-fo!!o~s:{ ~V~ED and ~lain~f~ Mo~!o~for R'ea~essmefit2of Oa~qes i~ 3) J~ent is ~eret3'~ ~ncrea~ed ~o 56,147.7L. was requi~ed to accept cucrunt mortga~e.gayme.-.ts upo~ the f.Lling of .Defendants' ~ankruptc~ in_ ~_a__y were ~u4~at by default ~as entered ~n ~is acC!on.. Because -i V~RIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE: January 23, 2004 FEDERMAN AND PHELAN, L.L.P. Daniel G. Schmieg, Esq~ ' e~ Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/KJA LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 9/1/97, SERIES 199%3 VS. JEANETTE Y. WARNER CIVIL ACTION C1VILDIVISION NO. (~?t~ -CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for LASALLE BANK~ N.A, F/K/A LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 9/1/97~ SERIES 1997-3 hereby verify that on November 7~ 2003 tree and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: February 3, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~g~03 FEDERMANA/qD PHELD2q, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTOR/qEY FOR PLAINTIFF LaSalle Bank, N.A. F/K/A LaSalle Natonal Bank As Trustee Under The Pooling And Servicing Agreement Dated 9/1/97, Series 1997-3 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. Jeanette Y. Warner : CIVIL DIVISION : NO. 03-4816 CIVIL TERM RU~ AND NOW, this ~ day of j~ , 200~, a Rule is entered upon Jeanette Y. Warner , Defendant (s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF LaSalle Bank, N.A. F/K/A LaSalle Natonal Bank As Trustee Under The Pooling And Servicing Agreement Dated 9/1/97, Series 1997-3 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION Jeanette Y. Warner : NO. 03-4~16 CIVIL TERM CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of March 1, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on February 19, 2004. Jeanette Y. Warner 329 Chestnut Street And Mcelwee Street, Mt. Holly Springs, PA Date: February 19, 2004 17065 FEDERM3LN A~D PHELA~ L.L. P Attorney for Plaintiff LaSalle Bank, N.A. VS Jeanette Y. Warner In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-4816 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 10.77 Posting Handbills 15.00 Advertising 15.00 Mileage 8.28 Levy 15.00 Sumharge 20.00 Postpone Sale 20.00 Law Journal 191.00 Patriot News 213.28 Share of Bills 29.32 Law Library .50 Prothonotary 1.00 $ 569.15 paid by attorney 06/18/04 Sworn and subscribed to before me So Answers: This ~/~"dayof (~ ~~ f,~,r..~ · _ R. Thomas Kli!l,e, Sheriff Prothonotary Real Estate Sale # 30 On November 18, 2003 the sheriff levied upon the defendant's interest in the real property situated in Mt. Holly Springs Borough, Cumberland County, PA Known and numbered as 329 Chestnut Street and McElwee Street, Mt. Holly Springs, more fully described on Exhibit "A" flied with this writ and by this reference incorporated herein. Date: November 18, 2003 Real Esta'fe Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAc~ No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of in Miscellaneous Book "M', Volume 14, Page 317. PUBLICATION COPY S A L E #3O REAL ESTATE SALE Ne. 30 ~ Ne. ~le A~k Y' ~ r'edlmmn I)E~CRIPTK)N Dappl~in in IV Sworn to and Q,Jb$¢ ry 2004 A.D. Notafi~lSea YI.~ / ~ / / / / My ~ ~r~ J~" °,'~ I N~ARY PUBLIC ~,~~~ My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 213.28 o~fa~of~i~,~,i~af~a~c Publisher's Receipt for Advertising Cost ~~l~ p~bHsbe~ of The Patriot-News a~d The S~day Patriot-News, ~ewspapers of 9e~e~a[ c i~ ~ ~ ~ ~ ~ ~ ~ receipt of the aforesaid notice and publication costs and ce~ifies that the same have b ~ M. ~, ~, ~ ~i/l~ By .................................................................... 157. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Joumal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. RF~AL F~TA~E 83*I~ NO. 30 Writ No. 2003 4816 Civil LaSalle Bank. N.A., f/k/a LaSalle National Bank as Trustee under the Pooling and Servicing Agreement date 9/1/97, Series 1997-3 VS. Jeannette Y. Warner Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: ON the East by Chestnut Streel on the West by a 20 foot wide alley; on the North by a 15 foot wide al ley: and on the South by property now or formerly of Isaac Noffslnger, ~sa Marie Coyne, E~itor SWORN TO AND SUBSCRIBED before me this 30 .day of JANUARY 2004 Nota~ NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commissio~ Expires March 5, 2005 ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in the Borough of Mount Holly Spril,gs, Cumberland County, Pennsylvania, bounded and described as follows: ON the East by Chesmut Street on the West by a 20 foot wide alley; on the North by a 15 foot wide al- ley; and on the South hy property now or formerly of Isaac Noffsinger, having a frontage of 40 feet. more or less. on Chestnut Street and ex tending in depth at right angles thereto 180 feet, more or less, to said alley on the West; being im- proved with a two and one-half story frame dwelling. TITLE TO SAID PREMISES IS VESTED IN Jeannette Y. Warner, single womazl by Deed from Cather ine M. Slusser, Executrix dated 8/ 21/1997 and recorded 8/21/1997 in Record Book 163 Page 157. Tax Parcel #23-32 2336 031. NO~/{I~I~'~ ~ EAL U LOIS E. SNYDER, Notary Publk Ca~tisie Boro, Cumbe~lond Count My Commission Expires March 5, 2