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HomeMy WebLinkAbout07-4343NOTICE 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 #: 148525 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 X215) 563-7000 148525 WASHINGTON MUTUAL BANK, F.A. 7301 BAYMEADOWS WAY MAIL STOP JAXB3182 JACKSONVILLE, FL 32256 Plaintiff ~. ROBERT A. DESIMONE, JR. 307 GREASON ROAD CARLISLE, PA 17013 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. D'7 - ~3~3 C i v i l TP.rm CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 148525 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 #: 148525 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 #: 148525 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 #: 148525 1. Plaintiff is WASHINGTON MUTUAL BANK, F.A. 7301 BAYMEADOWS WAY MAIL STOP JAXB3182 JACKSONVILLE, FL 32256 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT A. DESIMONE, JR. 307 GREASON ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) andlor real owner(s) of the property hereinafter described. 3. On 10/25/2002 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to AMERICAN HOME BANK, NA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1779, Page: 1220. By Assignment of Mortgage recorded 02/11/2003 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 694, Page 1457. 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 03/01/2007 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 #; 148525 6. The following amounts are due on the mortgage: Principal Balance $79,561.28 Interest $2,356.26 02/01/2007 through 07/23/2007 (Per Diem $13.62) Attorney's Fees $1,325.00 Cumulative Late Charges $104.00 10/25/2002 to 07/23/2007 Cost of Suit and Title Search $750.00 Subtotal $84,096.54 Escrow Credit ($230.64) Deficit $0.00 Subtotal $230.64 TOTAL $83,865.90 7. 8 If the mortgage is reinstated prior to a Sheriff s 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 #: 148525 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 $83,865.90, together with interest from 07/23/2007 at the rate of $13.62 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 LINAN &SCHMIEG L By: /s/F cis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 148525 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Township of West Pennsboro, County of Cumberland, and State of Pennsylvania, designated as Lot No. 49, in the original plan of the Village of Greason, and bounded and described as follows: BEGINNING at the south corner at a post on the herein described premises on the public road leading from the Chambersburg Turnpike to the Carlisle and Newville State Road; thence by Lot No. 48, now or formerly of Velva Myers, East two hundred (200) feet to an alley; thence North forty (40) feet to the corner of a frame stable; thence by Lot No. 50, now or formerly of Monroe Sheaffer, West two hundred (200) feet by same to the public road aforesaid; thence along said public road, South forty (40) feet to the Place of BEGINNING. CONTAINING in front on said public road forty (40) feet, and in depth two hundred (200) feet to said alley. AND BEING the same premises which George N. Brownawell and Bertha F. Brownawell, by their deed dated November 16, 1959 and recorded on the same date in Cumberland County Deed Book 19 N' 87, granted and conveyed to Bruce H. Lay and Martha E. Lay, his wife. PARCEL NO: 46-20-1778-024. PROPERTY BEING: 307 GREASON ROAD File k: 148525 VERIFICATION ~~ hereby states that he/she is of WASHINGTON MUTUAL BANK, F.A., servicing agent for Plaintiff in this matter, that he/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 his/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 unsworn falsification to authorities. DATE: Loan: 0604877472 Name: ~ ~ , ("~ Title: ~~ l•~cY Company: WASHINGTON MUTUAL BANK, F.A. File #: 148525 ~ ~ ~ ~ ~ ~ ~ ~~ ~~~ -~ ,_ _ ~ =n 00 _ •-J (~ ~ (Vl .._. ~, ... 1 17 .._ , ~ ~.~ `~:.T ~ p - -~ ~ ~ ~ _ ~ ~~ :: = ~r -- y :~ -~ C ~' CASE NO: 2007-04343 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS DESIMONE ROBERT A JR WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DESIMONE ROBERT A JR DEFENDANT the at 1859:00 HOURS, on the 17th day of August 2007 at 307 GREASON ROAD CARLISLE, PA 17013 ROBERT A DESIMONE JR by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 00 4(~l~'(6'~ ~ 32.80 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 08/20/2007 PHELAN HALLINAN SCHMIEG BY= eput S eriff of A.D. I '~"~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-04343 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS DESIMONE ROBERT A JR R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DESIMONE ROBERT A JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT NOT FOUND as to DESIMONE ROBERT A JR 110 SHIRELY LANE BOILING SPRINGS, PA 17007 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: So answers: Docketing 6 . 0 0 ~,:;,~---~ Service 5.76 Not Found 5.00 R. T oma rie Surcharge 10.00 Sheriff of Cumberland County .00 ~ ~~~? ~" ~/ 26.76 PHELAN HALLINAN SCHMIEG 08/20/2007 Sworn and Subscribed to before me this day of A.D. .. 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 (2151 563-7000 WASHINGTON MUTUAL BANK, F.A. 7301 BAYMEADOWS WAY MAIL STOP JAX B3182 JACKSONVILLE, FL 32256 v. Plaintiff, ROBERT A. DESIMONE, JR. 307 GREASON ROAD CARLISLE, PA 17013 CARLISLE, PA 17013 Defendant(s). CIVIL DIVISION CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 07-4343 CIVIL TERM 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 ROBERT A. DESIMONE, JR. and CARLISLE. PA 17013, 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 $ 83,865.90 Interest from 07/24/07 to 09/28/07 $ 912.54 TOTAL $84,778.44 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. l DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: o oa o7 O PROTHY °it~ 148525 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 ~~) 5~~_7n~o WASHINGTON MUTUAL BANK, F.A. Plaintiff Vs. ROBERT A. DESIMONE, JR. Defendants TO: ROBERT A. DESIMONE, JR. 307 GREASON ROAD CARLISLE, PA 17013 DATE OF NOTICE: SFPTF'MRF,R 7, 2007 COURT OF COMMON PLEAS CIVIL DMSION CUMBERLAND COUNTY NO. 07-4343 CIVIL TERM F<1f CE?y 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 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 (2151563-7000 WASHINGTON MUTUAL BANK, F.A. 7301 BAYMEADOWS WAY MAIL STOP JAX B3182 Plaintiff, v. ROBERT A. DESIMONE, JR. CARLISLE, PA 17013 Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-4343 CIVIL TERM 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 defendants} 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 ROBERT A. DESIMONE, JR. is over 18 years of age and resides at 307 GREASON ROAD, CARLISLE, PA 17013 . This statement is made subject to the penalties of 1$ Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ANIEL G. S H IEG, E Attorney for Plaintiff ~h ,~- ~ -z-i ~) - S , . ~ ~` _ r-, ~ ~ ~._:. _ W ~ ' .~ ,'~ l ~3 ~ f ~ ice' i~ . ~, (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WASHINGTON MUTUAL BANK, F.A. 7301 BAYMEADOWS WAY MAIL STOP JAX CUMBERLAND COUNTY B3182 COURT OF COMMON PLEAS Plaintiff, v. ROBERT A. DESIMONE, JR. CARLISLE, PA 17013 Defendant(s). CIVIL DIVISION NO. 07-4343 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: ~ %~ ~. HL~TY '0~ If you have any questions concerning this matter, please contact: ANIEL G. S I G, ESQ 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 IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WASHINGTON MUTUAL BANK, F.A. . Plaintiff, v. No. 07-4343 CIVIL TERM ROBERT A. DESIMONE, JR. CARLISLE, PA 17013 Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 09/28/07 to MARCH 5, 2008 (per diem -$13.94) Add'1 Costs TOTAL $84,778.44 $ 2,216.46 and Costs 2.416.50 $ 89,411.40 .1 DANIEL G. SCHMIEG,~ESQUI One Penn Center at Suburban Sta ion 1617 John F. Kennedy Boulevard, uite 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 laintiff 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. 148525 M O ['~ rt '~ a ~-~ ~ a w~' o ~~ ~ H v 1.~ ____.- ~ b a~ ~ ~ v z ~ o w ~ ~ a ~a ~ ~~ O ~ ~ a O ~ N OH F ~ W W ~~' ,, W °v o a~ ° o _ ¢ M ~~ ~ ~v a~ O `~ ~ O U ~ - a x d ~ ~ d z ~ 3 ~, w '"" U ~" '~-? jc ~ :L oo ~ Q - ~ --+ ..D ~ O O d rt =_; A ~ ~ Yr W W ~- ~ _' ~~ ~~ ~v> { ~ DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Township of West Pennsboro, County of Cumberland, and State of Pennsylvania, designated as Lot No. 49, in the original plan of the Village of treason, and bounded and described as follows: BEGINNING at the south corner at a post on the herein described premises on the public road leading from the Chambersburg Turnpike to the Carlisle and Newville State Road; thence by Lot No. 48, now or formerly of Velva Myers, East two hundred (200) feet to an alley; thence North forty (40) feet to the corner of a frame stable; thence by Lot No. 50, now or formerly of Monroe Sheaffer, West two hundred (200) feet by same to the public road aforesaid; thence along said public road, South forty (40) feet to the Place of BEGINNING. CONTAINING in front on said public road forty (40) feet, and in depth two hundred (200) feet to said alley. BEING improved with a single family residential dwelling known as and numbered 307 Greason Road, Carlisle, Pennsylvania 17013. AND BEING the same premises which Georqe N. Brownawell and Bertha F. Brownawell, by their deed dated November 16, 1959 and recorded on the same date in Cumberland County Deed Book 19 'N' 87, granted and conveyed to Bruce H. Lay and Martha E. Lay, his wife. PARCEL IDENTIFICATION NO: 46-20-1778-024 CONTROL #: 46002078 Premises: 307 Greason Rd., Carlisle, PA 17013 Township of West Pennsboro Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Robert A. Desimone, Jr., Single man, by Deed from Martha E. Lay, Widow, acting by and through her Agent, Bertha F. Beidel ,dated 10/16/2002, recorded 10/28/2002, in Deed Book 254, page 1067. PH,ELAN 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 WASHINGTON MUTUAL BANK, F.A. Plaintiff, v. ROBERT A. DESIMONE, JR. CARLISLE, PA 17013 Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4343 CIVIL TERM 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: Q 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. <. r AN L G. SC G, ESQU Attorney for Plaintiff c~ ^~ ~_.~ ~_ `--~ - ~~-; -i _.., r~ , '- . ;-i ~ ,, : ~ ., ! N , __ ~.~ _ ~•~ ».,, ~~ _~ GV! _t C.,~ ~ _:;3 G;1 .,~ WASHINGTON MUTUAL BANK, F.A. v. Plaintiff, ROBERT A. DESIMONE, JR. CARLISLE, PA 17013 Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-4343 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASHINGTON MUTUAL BANK, F.A. ,Plaintiff in the above action, by its attorney, DANIEL G. SCI-iMIEG, 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 ,307 GREASON ROAD, CARLISLE, PA 17013 . 1. Name and address of Owner(s) or reputed Owner(s): Name ROBERT A. DESIMONE, JR. Last Known Address (if address cannot be reasonably ascertained, please indicate) 307 GREASON ROAD CARLISLE, PA 17013 CARLISLE, PA 17413 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) WASHINGTON MUTUAL BANK, F.A. 400 E. MAIN STREET VERNON HILLS, IL 60061 MERS AS A NOMINEE FOR CORINTHIAN P.O. BOX 2026 MORTGAGE CORPORATION, DBA FLINT, MI 48501-2026 MER5 AS A NOMINEE FOR CORINTHIAN 13861 SUNRISE VALLEY DRIVE MORTGAGE CORPORATION SUITE 100 HERNDON, VA 20171 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 maybe 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 TenantlOccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare TAMMY J. DESIMONE Last Known Address (if address cannot be reasonably ascertained, please indicate) 307 GREASON ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 110 SHIRLEY LANE BOILING SPRINGS, PA 170072 MARCUS A. MCKNIGHT, III W. POMFERT PROFESSIONAL BUILDING 60 W. POMFERT STREET CARLISLE, PA 17013-3222 I verify that the statements made in this affidavit are true and correct to the best of ~iiy personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 28, 2007 DATE Attorney for Plaintiff Y`~ t~ ~ _ -^--i .--i ~;~ ~ -~t ._ ; ~ ClZ r~. -. ; C j .i - N ~ - ,~ x -..y ~' . - -, i...7 '~ y t ~? ".-G WASHINGTON MUTUAL BANK, F.A. Plaintiff, v. ROBERT A. DESIMONE, JR. CARLISLE, PA 17013 Defendant(s). CUMBERLAND COUNTY No. 07-4343 CIVIL TERM September 28, 2007 TO: ROBERT A. DESIMONE, JR. 307 GREASON ROAD CARLISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND 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 , 307 GREASON ROAD, CARLISLE, PA 17013. is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $84,778.44 obtained by WASHINGTON MUTUAL BANK, F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 (717) 249-3166 (800) 990-9108 r ALL THAT CERTAIN house and lot of ground situate in the Township of West Pennsboro, County of Cumberland, and State of Pennsylvania, designated as Lot No. 49, in the original plan of the Village of Greason, and bounded and described as follows: BEGINNING at the south corner at a post on the herein described premises on the public road leading from the Chambersburg Turnpike to the Carlisle and Newville State Road; thence by Lot No. 48, now or formerly of Velva Myers, East two hundred (200) feet to an alley; thence North forty (40) feet to the corner of a frame stable; thence by Lot No. 50, now or formerly of Monroe Sheaffer, West two hundred (200) feet by same to the public road aforesaid; thence along said public road, South forty (40) feet to the Place of BEGINNING. CONTAINING in front on said public road forty (40) feet, and in depth two hundred (200) feet to said alley. BEING improved with a single family residential dwelling known as and numbered 307 Greason Road, Carlisle, Pennsylvania 17013. AND BEING the same premises which George N. Brownawell and Bertha F. Brownawell, by their deed dated November 16, 1959 and recorded on the same date in Cumberland County Deed Book 19 'N' 87, granted and conveyed to Bruce H. Lay and Martha E. Lay, his wife. PARCEL IDENTIFICATION NO: 46-20-1778-024 CONTROL #: 46002078 Premises: 307 Greason Rd., Carlisle, PA 17013 Township of West Pennsboro Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Robert A. Desimone, Jr., Single man, by Deed from Martha E. Lay, Widow, acting by and through her Agent, Bertha F. Beidel ,dated 10/16/2002, recorded 10/28/2002, in Deed Book 254, page 1067. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4343 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From ROBERT A. DESIMONE, JR. (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 $84,778.44 L.L. $.50 Interest from 9/28/07 to 3/05/08 (per diem - $13.94) -- $2,216.46 and Costs Atty's Comm Atty Paid $178.56 Plaintiff Paid Date: 10-02-07 (Seal) Due Prothy $2.00 Other Costs $2,416.50 S l~ is R. Long, Prothono By: ~ . Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVNIA WASHINTON MUTUAL BANK, F.A. 7301 BAYMEADOWS WAY MAIL STOP JAXB3182 JACKSONVILLE, FL 32256 PLAINTIFF VS ROBERT A. DESIMOREN,JR. 307 GREASON ROAD CARLISLE, PA 17013 DEFENDANT CASE NO: 07-4343-ANSWER DISCLAIMER OF INTEREST Comes now Corinthian Mortgage Corporation DBA SouthBanc Mortgage and for its response to the Complaint of the Plaintiff herein, states that it disclaims any interest in the subject real estate at 307 Greason Road, Carlisle, PA 17013, Cumberland County. This party requests that no further pleadings in this action be sent to it or to its counsel. This the 17th day of October, 2007 Respectfully submitted CORINTHIAN MORTGAGE CORPORATION DBA SOUTHBANC MORTGAGE By: ebby Kel ,Vice President STATE OF KANSAS ) JOHNSON COUNTY I, the undersigned, a notary public in and for said county in said state, hereby certify that Debby Kelso, whose name as Vice President of Corinthian Mortgage Corporation, is signed to the foregoing instrument, and who is known to me, acknowledged before me on this day that, being informed of the contents of said instrument, she, as such officer and with full authority, executed the same voluntarily for and as the act of said corporation. Given under my hand and official seal this Notary Public 17th day of October, 2007. Seal: .~ NOTARY PUBLIC _. Staie ~(~: Ben Roe~~--_.__. Mr~avi.~• ~/5=2010 :~ ~ ~ ~ ~ ,_~_ ~~ l y ..~ ~ { 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 WASHINGTON MUTUAL BANK, F.A. : Plaintiff vs. ROBERT A. DESIMONE, JR Defendant No. 07-4343 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 July 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 October 2, 2007 in the amount of $84,778.44. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County 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 March 5, 2008. 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 Interest Through March 5, 2008 Per Diem $13.62 Late Charges Legal fees Cost of Suit and Title Sheriff s Sale Costs Property Inspections AppraisallBrokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $79,561.28 $5,441.43 $234.00 $2,000.00 $1,269.00 $0.00 $44.50 $0.00 $274.50 $40.00 ($0.00) $1,608.08 $90,472.79 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 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 December 17, 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 certification of mailing are 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: Hallinan Schmieg, LLP By: c le M. Br ,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 WASHINGTON MUTUAL BANK, F.A. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County ROBERT A. DESIMONE, JR No. 07-4343 CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE ROBERT A. DESIMONE, JR 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. Plaintiff s Note was secured by a Mortgage on the Property located at 307 GREASON ROAD, CARLISLE, PA 17013. 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 NDGMENT 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). Moran 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. 44S Pa. 117, 282 A.2d 33S (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, Plaintiffmust protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. S4S, 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 33S (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. 2S7 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 Sheriff s 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(b). 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, S 1 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shoppin 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 often 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 often 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: e 1 ' S ieg, LLP By: Mi el .Brad rd, uire Attorney for Plaintiff Exhibit `~A" 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 (2151 563-7000 i4ss2s WASHINGTON MUTUAL BANK, F.A. 7301 BAYMEADOWS WAY MAIL STOP JAXB3182 JACKSONVILLE, FL 32256 PlainriiT ~. ROBERT A. DESIMONE, JR. 307 GREASON ROAD CARLISLE, PA 17013 Defendant c'~ ~~ ~ -n .its .. r ~;: 7 •° Fi7~ J.: ~I I_. ~\ ~ _ !~ J `_./ F ~ .~ ~ 1 y._ • __~ . J _ . ~" ° l J ' t~s -~ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. b7_ u3~f3 `Civi t T~erM CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE ~: ~ ;. 4~e h~re~,y s~er~i~r, tip ~~i~~lt~t~ ~~ ibe ~ Yru®and c©rFect copy ©f the original flied of record F;Ie #: 148525 NOTICE You have been sued in court. Ii'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 bail 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 UFFlCE SE"!' FORTH BELOW. TIiIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABO[IT HIRING A LAWYER. !!~ YOU CANNO"!' AI~I~ORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABi.B TO PROVIDE YOU WITH INFORMATION ABOUT AGF.NCIF.S THAT MAY OFFER LL'GAL SLRVlCL'S '1'O ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA I7013 (800)990-9108 Filr #: 14$525 IF THIS IS THE FIRST NOTICE THAT YOU HAVF, RECL+'IVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO TT~E 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 DEFENDAN"1 (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, TI-!E DEBT WILL BE ASSUMED TO BE VALID. LIKF.WTSE, 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) UAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT T HIS DEBT. EVEN 'T'HOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS Filc N. 148525 COMPLAINT IS TO BE FILED IN THIS ACT'iON WITHIN TWENTY (20) DAY5, YOU MAY OBTAIN AN E7~TENSION OF TIIAT TIME. FURTHERMORE, NO REQUEST WILL BE MADF, TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY {34) DAYS AFTER YOU HAVE KECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THF, THIRTY (3V) 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. 1F 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 p: 148525 Plaintiff is WASHINGTON MUTUAL BANK, F.A. 7301 BAYMEADOWS WAY MAIL STOP JAXB3182 JACKSONVILLE, FL 3225E 2. The name(s) and last known address(es) of the Defendant(s) arc: ROBERT A. DESIMONE, JR. 307 GREASON ROAD CARLISLE, PA 17013 who is/are the morigagor(s} and/or real owner(s) of the property hereinafter described. 3. On 10/25!2002 mortgagors} made, executed, and delivered a mortgage upon the premises hereinafter described to AMERICAN ROME BANK, NA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1779, Page: 1220. By Assignment ol~ Mortgage recorded 02!11!2003 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Uf Mortgage Book No. G94, Page 1457. The mortgage and assignments}, 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 03!01/2007 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. rac a: ~asszs 6 The following amounts are due on the mortgage: Principal Balance $79,561.28 Interest $2,356.26 02/01/2007 through 07/23/2007 (Per Diem $13.62) Attorney's Fees $1,325.00 Cumulative Late Charges $104.00 10/25/2002 to 07/23/2007 Cost of Suit and Title Search 750.00 Subtotal $84,096.54 Escrow Credit ($230.64) Deficit $0.00 Subtotal 230.64 TOTAL $83,865.90 7 8. If the mortgage is reinstated prior to a Sheriff s 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 inconformity 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 Defendants} 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. Pile !t: 148525 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 1498, 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, PI,A1N`['1FF demands an in rem Judgment against the Defendant(s) in the sum of $83,865.90, together with interest from 07/23/2007 at the rate of $ i 3.62 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 L1NAN &SCHMIEG I, i~iTn'tt~"=~ By: /s/F Weis S. Hallinan LAWRENCE T. PI-IELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File k: 148525 LEGAL DESCRIPTION A[.I, THAT CERTAIN house and lot of ground situate in the 't'ownship of West Pennsboro, County of Cumberland, and State of Pennsylvania, designated as Lot No. 49, in the original plan of the Village of Greason, and bounded and described as follows: BEGINNING at the south corner at a post on the herein described premises on the public road leading from the Chambersburg Turnpike to the Carlisle and Newville State Road; thence by Lot No. 48, now or formerly of Velva Myers, Bast two hundred (200) feet to an alley; thence North forty (40} feet to the corner of a frame stable; thence by Lot No. 50, now or formerly of Monroe Sheaffer, West two hundred (200) feel by same to the public road aforesaid; thence along said public road, South forty (40} Feet to the Place of BBGINN1NCi. CONTAINING in fronton said public road forty (40) feet, and in depth two hundred (200) feet to said alley. AND BRING the same premises which George N. Brownawell and Bertha F. Brownawell, by their deed dated November 16, 1959 and recorded on the same date in Cumberland County Deed Book 19 'N' 87, granted and conveyed to Bruce H. Lay and Martha E. Lay, his wife. PARC>rL NO: 46-20-1778-024. PROPERTY BEING: 307 GREASON ROAD File k: 148525 VERIFICATION ~Cccs' hereby states that he/she is ~_ of WASHINGTON MUTUAL BANK, F.A., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure aze true and correct to the best of hislher knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of l8 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: Loan: 0604877472 ~, ,~" % f~ Name: ~ ~ , (~ Title: ~i~p Lt~Y Company: WASHINGTON MUTUAL BANK, F.A. Fill p: 148525 Exhibit "B" PHELAN HALLINAN & SCHMIEG, LL.P. By: DANIEL G. SCHMIEG IdeatlScatioa No. 62205 r Attorney for Plaintiff ~u L`~ ~;. ~.: ONE PENN CENTER AT SUBURBAN STATION . ,- , ~~? ~:--,~ 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000 WASHINGTON MUTUAL BANK, F.A. 7301 BAYMEADOWS WAY MAIL STOP JAX CUMBERLAND COUNTY B3182 COURT OF COMMON PLEAS JACKSONVILLE, FL 32256 CIVIL DIVISION Plaintiff, v. NO. 07-4343 CIVIL TERM !~~ ROBERT A. DESIMONE, JR. ' ~ , ~ 307 GREASON ROAD ~ ~~ ~ ; ~ "~, ' .. N CARLISLE, PA 17013 ' v ~ M ~ -~; ~~ v o CARLISLE, PA 17013 ; ~-, :; ~. 4 ~ Defendant(s). ~ - -~ ~~ C;.•..: ~ i rv yU~. ;~; 4~ PRAECIPE FOR IN REM JUDGMENT FOR FAILURE T '~- ~ ~ --~ ~ _~ . _ A1VrSWER AND ASSESSMENT OF DAMAGES ~=~`.'~ ~ ~~ ~ ~~;n TO THE PROTHONOTARY: -: w ~, Kindly enter an in rem judgment in favor of the Plaintiff and against ROBERT A. DESIMONE. JR and CARLISLE. PA 17013. 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: ~~'~~i~' .., As set forth in Complaint ~ $ 83,865.90 '' ~(~~ ~ ~ ~; F•;. Interest from 07/24/07 to 09i~L>~~'~~;.;~L ` ; $ 912.54 ~~,; ~, ,: TOTAL r~~l' ~;~,~ ~ •,, °,,,,~ ', ~~` ~• $84,778.44 '~ "' r u I hereby certify that (1} the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~-~S~ ~~(~ ANIEL G. SCHMIEG, ESQ Attorney far Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. //~~ O PROTHY o~B 148525 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 December 17, 2007 ROBERT A. DESIMONE, JR 307 GREASON ROAD CARLISLE, PA 17013 RE: WASHINGTON MUTUAL BANK, F.A. vs. ROBERT A. DESIMONE, JR Premises Address: 307 GREASON ROAD CARLISLE, PA 17013 CUMBERLAND County CCP, No. 07-4343 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 December 22, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. For Phelan Hallin~ 8~ Schmieg, LLP Enclosure .~-~ N 0.1 wo x~ U ~ Q~ a 4~ w v .¢-~ G. w ~, ao y~ ~ L ~ Q 0 i ~ ~ ~ ~ I I I ~ Q~~ a I I ~ ~~ ~~ ~~.~~~ £0 l6 l 300 diZ W02tj Q3l L O 5 ~ ~ ° ~ o IbW # OZ ~ l O~ 0 l08 L Z ' ~ • ' .`~ ~ ~ a b000 ~} OOH 2 ZO U ~ w ®A3N~ ~ p J ,~ E" . ' ~~ E~w ° ~ 9 ~d~ydL ~ t. . . ^ ~~oo ; 6 ~ ~~~ ~ a~ V _ a ~ ~ F N :~;,E~ ~~ W .~ ~ E w M ,~ ~ v° ~ ~ o h~r ~ c a ~~~~~ r~ v O ~ N .~ V ~ o ~a o . °'~or~ a ~ ~~a~~~ w ~ ~~~oE- ~ a ~, =~oE. >o v, ~ o~s c E w w ~ o°o a ~ o. Eh ~~ ~ pVp E v V O t~ N fn .oco~~ _ s V~ Q U W ~ F y N p O y Q W °C' ~~~~. f^ rJ y 6~9 G: a Q L.+ ~ ~ W ~ ~~ O ~ F-~i EN a t~ o - ~ V O M ~ ~ ~ b ~ ~ F ii ~ ti „'' ~ P. ° w W W a ~ ~ 0 y a W W ~ Q Q . y ~ ~1 V V tJ ~ y O 0 ~ ~ O ~ ~ a ~ W W l~ O v z ~ ~ ~o > z x x~ o~ F c4 .~ z ~~ x x a a oT ~~ ~ v . z ' Q - _ ~ ~ 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. oarE ~a ~~~ P e i c ieg, LLP By: Mic ele M. Bradf ,Esquire Attorney for Plaintiff PHELAN HALLINAN & 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 WASHINGTON MUTUAL BANK, F.A. Plaintiff vs. ROBERT A. DESIMONE, JR Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-4343 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. ROBERT A. DESIMONE, JR 307 GREASON ROAD CARLISLE, PA 17013 DATE: ROBERT A. DESIMONE, JR 110 SHIRLEY LANE BOILING SPRING, PA 17007 P e n i Schmieg, LLP By: Mic ele r for ,Esquire Attorney for Plaintiff ~ c c~ ~ ~ .~, ~.s;; ~: ~~*? ~ W , ~'__~ _ Z ^t ,~~» - f ^_,i ~ ~_.. .. 3 t'*J , -~ N WASHINGTON MUTUAL BANK, F.A. IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT A. DESIMONE, JR., DEFENDANT N0.07-4343 ORDER OF COURT AND NOW, this 2nd day of January, 2008, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before January 22, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, ~~ M. L. Ebert, Jr., Michele M. Bradford, Esquire Counsel for Plaintiff Robert A. Desimone, Jr. Defendant ~~ ~jl!/~ `' J J. bas ~ii~r AV f~ ll~t?t titt ~r¢~i~,~ U`/~F ry A 1'i ~. ~~'fl '~ ~~{ ~ ~` 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 WASHINGTON MUTUAL BANK, F.A. Plaintiff vs. ROBERT A. DESIMONE, JR Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-4343 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 22, 2008 was sent to the following individual on the date indicated below.. ROBERT A. DESIMONE, JR 307 GREASON ROAD CARLISLE, PA 17013 DATE: D ROBERT A. DESIMONE, JR 110 SHIRLEY LANE BOILING SPRING, PA 17007 li Schmieg, LLP By: , Michele r fo ,Esquire Attorney for Plaintiff ~? N ~ ~#'1 t ~ `~+ .-~ :z`. ar ~ ~„ '~l l., ...- `~s. .- ,~ ~, w:^. ~ ~,.~ ~~ , ~ ~ ....~; ~ 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 (21 S) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff vs. ROBERT A. DESIMONE, JR Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-4343 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE WASHINGTON MUTUAL BANK, F.A., 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: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on December 28, 2007. 3. A Rule was entered by the Court on or about January 2, 2008 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 January 9, 2008, 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 January 22, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. DATE: b~ P 1 ' S hmieg, LLP By: ache a M. Bradf r , squire Attorney for Plaintiff 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 WASHINGTON MUTUAL BANK, F.A. Plaintiff vs. ROBERT A. DESIMONE, JR Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-4343 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on December 28, 2007. A Rule was entered by the Court on or about January 2, 2008 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 January 9, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 22, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. t 1 1' ieg, LLP DATE: t b By: ache e M. rad o ire Attorney for Plaintiff Exhibit "A" WASHINGTON MUTUAL BANK, F.A. IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT A. DESiMONE, JR., DEFENDANT NO. 07-4343 ORDER OF COURT AND NOW, this 2nd day of January, 2008, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A -Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before January 22, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. M. L. Ebert, Jr., Michele M. Bradford, Esquire Counsel for Plaintiff J. Robert A. Desimone, Jr. Defendant I'!'1 I~~'~' }"~~*~'YY~~~Of ~ ih8t~ l.4!?1 ~~~ t'i'ti~- r~ bas '' ~. .. ~~~: By the Court, Exhibit "B" rn- ~,; ~ ~ o ~~~.(; .,_ ^ xk. ~ ~ cry ~:: ~ ~ r- - .~ i`"` `. .,~ "- -~lj ~ j C~: ~ ~ N ~~ ~ ~ g7 ..,C PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard ~GQ'Qv Philadelphia, PA 19103-1814 ` f~~ ,~~~ WASHINGTON MUTUAL B~ Plaintiff vs. ROBERT A. DESIMONE, JR Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-4343 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of otion to Reassess Damages noting a Rule Return date of January 22, 2008 was sent t~ wing individual on the date indicated w~~~ below.. ~- ~ `~ ~~ S`~~`' ,?`'~ ROBERT A. DESIMONE, 3R ROBERT A. DESIMONE, JR 307 GREASON ROAD 110 SHIRLEY LANE CARLISLE, PA 17013 BOILING SPRING, PA 17007 ,. ~~~ ,r' 'i ~° e. ~~ :; 1' Schmieg, LLP ~,~p ,:. o~ ~ ~~,~B DATE: y: Michele fo Esquire Attorney for Plaintiff 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: ieg, LLP By: chele M. Bradford quire Attorney for Plaintiff PHELAN HALLINAN & 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 WASHINGTON MUTUAL BANK, F.A. Plaintiff vs. ROBERT A. DESIMONE, 3R Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-4343 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. ROBERT A. DESIMONE, JR 307 GREASON ROAD CARLISLE, PA 17013 DATE: 0~ ROBERT A. DESIMONE, JR 110 SHIRLEY LANE BOILING SPRING, PA 17007 P i Schmieg, LLP B Michele M. Br rd, Esquire Attorney for Plaintiff ~- _.._ f _--, _n _ ~ _._,, "~i -~ ._.~ r~ ; ;;,.: ~,,' ~- ~ ; `, , _. .,. _:. i'.-.' , , t~, --c AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL BANK, F.A. DEFENDANT(S) ROBERT A. DESIMONE, JR. CARLISLE, PA 17013 SERVE ROBERT A. DESIMONE, JR. AT 307 GREASON ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 07-4343 CIVIL TERM ACCT. #148525 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 5, 2008 SERVED r Served and made known to RD6~R"j~ . ~(cS IMr0~N >C ,~R Defendant, on the a 5'~^ day of G ~ ~ 200 at ~ ~0 , o'clock ~.m., at 301 ~-i2F_ Q.SO n ICC) ~1-D ~ ~4~-1 S L ~ ,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: S ~ ~' Description: AAge,~~ Height ~ Weight ~ Race VU Sex ~ Other I, ~0 N Q-C.A / t/ `d L(~ , a competent adult, being duly sworn according to law, depose and state that I personal ly handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed ,- before me this 2S day ,. - of _ E~ca7~~~-`"200 , . _ , _ , ~~ .: .. 1 ~/~~~ Notary: By. - PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1$` Attempt: / / Time: 2°d Attempt: / / Time• 3rd Attempt: / / Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of .200_. One Penn Center at Suburban Station, Suite 1400 Notary: By; 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 {215)563-7000 Z ~' llS l ~' .....~ t .~-~ Y ~ _ P 'Y ,.I~_ ./ 04~ _' ._,. ~. ~/ ~A~ 2g2~~~,~r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A. Plaintiff vs. ROBERT A. DESIMONE, JR Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 07-4343 CIVIL TERM ~,~ ORDER AND NOW, this ~,,~ day of YqV~, , 2008, 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 Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $79,561.28 Interest Through March 5, 2008 $5,441.43 Per Diem $13.62 Late Charges $234.00 Legal fees $2,000.00 Cost of Suit and Title $1,269.00 Sheriffs Sale Costs $0.00 Property Inspections $44.50 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $274.50 Private Mortgage Insurance Non Sufficient Funds Charge $40.00 Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from March 5, 2008 through the date of sale at six percent per annum. $90,472.79 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. ~$o.oo~ $1,608.08 148525 ~~ ~ w ~ .~ o ,~ w ~~ _ ev a~ 6 0 .~ W~ pE Nit" ~~lt ~1UNc~~tG'k~d,~ ~(? ~~~~~a WASHINGTON MUTUAL BANK, F.A. v. Plaintiff, ROBERT A. DESIMONE, JR. CARLISLE, PA 17013 Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-4343 CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASHINGTON MUTUAL BANK, F.A. ,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 ,307 GREASON ROAD, CARLISLE, PA 17013 . 1. 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 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. ~ o Januarv 29, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A. Plaintiff v. ROBERT A. DESIMONE, JR. CARLISLE, PA 17013 Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4343 CIVIL TERM 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: 3~7 C~RF.ASnN RnAI~_ CART.TST.F,, PA 1701'1. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders 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. P ~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Date: Tan iary~, ?OOR IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. it may not he cold in the ahsence of a representative of the plaintiff at the Sheriff c Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 148525 °o~ ~_~ .~ o ~ ~~ .~ g (Y} ' ~ ~O ~~ ~~a ~w~ ~~w a ~,~~ ~~ `D a a U ~ ~ N b 4i C ~ 'U zdo EN,F'.. 6016 4 300~dQ W021j g371tIW r ~¢' y t00Z 4010 04081wb0io ~ . ~g H .a1~ ''~' /'~ ~~ ~~ .Mn .~ "" ~ ~D .~ o a b ~ ~ ~ ~ -- a a ~ ~ ° ~o ~ a ~' ~. .~ . ~ ~ ~ ~ ~ A . ~ ~ ~ ~ ~" $ '~ ~ ~ A z ~ w $~ .~ ~ $ ~ ~ r, ~ ~ ~ s m ~O Q ~ O M ~ G7 ~ QQ ~ W N O r7 C ~ eV ~ . ~ g $' ~ ~ ~ ~ ~ O WW OG H ~ N !~ ~ o ~ ~ z ~yy~~ ~ C W HN s N o ~~ ~ v, `" ~' t7 ~ v~ ~ ~ ooa~ ~ e . ~~~~ a~ Z O a _ ? ~ ~ '~ .""' ° ~ G N ~ ~ eoo.~ ~ ~xx ~~ ~ ~ pa" ~ (~ F', F a ~ G ~i ~ ~ C ~ y ~i W n O ~ 1 ~ ' $ i-~ .~ E ~ W g g ~ z A O x ~ ~ ~ ~ ~ ~ x a ^ •W ~ ~ p A "` ~ ~~ o a ro ~ 3 ~ ~ U z ~ z ~ , ~ ,.,a . V~ ~ w ~ ^ a Q z w ~ N ~ n ~ .~ ~ O 33 0 ~ ~ `F ~a` ~'~I O a~ O ~o~ ~ ~ ~ ~ o ~ ~~ ~a w ~~ p x ~ ~~ ~ '~ ~ ~ ~ b °~' a ~°~ ~ A d H a ~ ~ ~ ~ ~ A ,'~ ~ ~ ~ o ~ g~ a~ ~~ ~o ~~ ~ ~ ~ ~ ~ ~F ~~ ~ °~ ~ A ~ ° ~ ~w S~ ~a ' ~a ~ ~a 3 a c ~ ~ ~c ~~ o `m E z v a `~ ~ N M ~ h ~ a ~ ~ r a : ~ ~--11 . C rj ~' r ,.. r-- ., w. i J Q? L-~ ~f' w:. C.J ;c COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which FEDERAL HOME LOAN MTG CORP is the grantee the same having been sold to said grantee on the 5TH day of MARCH A.D., 2008, under and by virtue of a writ Execution issued on the 2ND day of OCT, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 4343, at the suit of WASHINGTON MUTUAL BANK F A against ROBERT A DESIMONE JR is duly recorded as Instrument Number 200808331. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ,~© day of _, A.D. of Deeds Reoordor oA(3ee0s, (s,:crawtiat,o t:ourity, Caroiislo, PA My Corrunis,ion Expires file Firot -rion~y ot.ian. 2oi9 Washington Mutual Bank, F.A. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Robert A. Desimone, Jr. Writ No. 2007-4343 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Robert A. Desimone, Jr., but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sheriff s Sale and Description, as NOT FOUND, as to the defendant, Robert A. Desimone, Jr. The house located at 307 Greason Road, Carlisle, PA 17013 is vacant. There is an "EXIT" realty sign in the front yard. The post office has no forwarding information. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2008 at 1519 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 Robert A. Desmone, Jr. located at 307 Greason Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March O5, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation of 8200 Jones Branch Drive, McLean, VA 22102, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $992.99. Sheriffs Costs: Docketing $30.00 Poundage 19.47 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 5.76 Levy 15.00 Surcharge 20.00 Law Journal 359.00 Patriot News 372.59 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 992.99 ~~ .3~,Z,7~Og ~~ "~~ C K-~ `~.84~ R. Thomas Kline, Sheriff ~~ ~°~~ BY Real Estate S geant WASHING2ON MUTUAL BANK, F.A. Plaintiff, . v. ROBERT A. DESIMONE, JR. . CARLISLE, PA 17013 . Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-4343 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASHINGTON MUTUAL BANK, F.A. ,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 ,307 GREASON ROAD, CARLISLE, PA 17013 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBERT A. DESIMONE, JR. 307 GREASON ROAD CARLISLE, PA 17013 CARLISLE, PA 17013 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 properly 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) WASHINGTON MUTUAL BANK, F.A. 400 E. MAIN STREET VERNON HILLS, IL 60061 MERS AS A NOMINEE FOR CORINTHIAN P.O. BOX 2026 MORTGAGE CORPORATION, DBA FLINT, MI 48501-2026 MERS AS A NOMINEE FOR CORINTHIAN 13861 SUNRISE VALLEY DRIVE MORTGAGE CORPORATION SUITE 100 HERNDON, VA 20171 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 307 GREASON ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare TAMMY J. DESIMONE PO Box 2675 Harrisburg, PA 17105 110 SHIRLEY LANE BOILING SPRINGS, PA 170072 MARCUS A. MCKNIGHT, III W. POMFERT PROFESSIONAL BUILDING 60 W. POMFERT STREET CARLISLE, PA 17013-3222 I verify that the statements made in this affidavit are true and correct to the best of ~iy 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. n _ i Seutember 28.2007 DATE Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A. Plaintiff, v. ROBERT A. DESIMONE, JR. CARLISLE, PA 17013 Defendant(s). CUMBERLAND COUNTY No. 07-4343 CIVIL TERM September 28, 2007 TO: ROBERT A. DESIMONE, JR. 307 GREASON ROAD CARLISLE, PA 17013 * *THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND 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 , 307 GREASON ROAD. CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $84,778.44 obtained by WASHINGTON MUTUAL BANK. F A (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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 (2151563-7000. 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 shaze 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 reoresentative 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 1'7013 (71'7) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Township of West Pennsboro, County of Cumberland, and State of Pennsylvania, designated as Lot No. 49, in the original plan of the Village of Greason, and bounded and described as follows: BEGINNING at the south corner at a post on the herein described premises on the public road leading from the Chambersburg Turnpike to the Carlisle and Newville State Road; thence by Lot No. 48, now or formerly of Velva Myers, East two hundred (200) feet to an alley; thence North forty (40) feet to the corner of a frame stable; thence by Lot No. 50, now or formerly of Monroe Sheaffer, West two hundred (200) feet by same to the public road aforesaid; thence along said public road, South forty (40) feet to the Place of BEGINNING. CONTAINING in front on said public road forty (40) feet, and in depth two hundred (200) feet to said alley. BEING improved with a single family residential dwelling known as and numbered 307 Greason Road, Carlisle, Pennsylvania 17013. AND BEING the same premises which George N. Brownawell and Bertha F. Brownawell, by their deed dated November 16, 1959 and recorded on the same date in Cumberland County Deed Book 19 'N' 87, granted and conveyed to Bruce H. Lay and Martha E. Lay, his wife. PARCEL IDENTIFICATION NO: 46-20-1778-024 CONTROL #: 46002078 Premises: 307 Greason Rd., Carlisle, PA 17013 Township of West Pennsboro Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Robert A. Desimone, Jr., Single man, by Deed from Martha E. Lay, Widow, acting by and through her Agent, Bertha F. Beidel ,dated 10/16/2002, recorded 10/28/2002, in Deed Book 254, page 1067. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4343 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From ROBERT A. DESIMONE, JR. (1) You are directed to lery 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 $84,778.44 L.L. $.50 Interest from 9/28/07 to 3/05/08 (per diem - $13.94) - $2,216.46 and Costs Atty's Comm Atty Paid $178.56 Plaintiff Paid Date: 10-02-07 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $2,416.50 C is R. Long, Prothon ry By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 17 On October 31, 2007 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as 307 Greason Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 31, 2007 By: ~.J ~ Real Esta Sergeant 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: January 25, February 1 and February 8, 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. Marie Coyne, editor TO AND SUBSCRIBED before me this 8 day of February, 2/008 (iC . Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Gommisslon Expires Apr 28, 2010 >~ ss~r~ss sr~,s so. i~ Writ No. 2007-4343 Civil Washington Mutual Bank, F.A. vs. Robert A. Desimone, Jr. Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Township of West Pennsboro, County of Cumber- land, and State of Pennsylvania, des- ignated as Lot No. 49, in the original plan of the Village of treason, and bounded and described as follows: BEGINNING at the south corner at a post on the herein described premises on the public road leading from the Chambersburg Turnpike to the Carlisle and Newville State Road; thence by Lot No. 48, now or formerly of Velva Myers, East two hundred (200) feet to an alley; thence North forty (40) feet to the corner of a frame stable; thence by Lot No. 50, now or formerly of Monroe Sheaffer, West two hundred (200) feet by same to the public road aforesaid; thence along said public road, South forty (40) feet to the Place of BEGINNING. CONTAINING in fronton said pub- lic road forty (40) feet, and in depth two hundred (200) feet to said alley. BEING improved with a single family residential dwelling known as and numbered 307 treason Road, Carlisle, Pennsylvania 17013. AND BEING the same premises which George N. Brownawell and Bertha F. Brownawell, by their deed dated November 16, 1959 and recorded on the same date in Cum- berland County Deed Book 19 `N' 87, granted and conveyed to Bruce H. Lay and Martha E. Lay, his wife. PARCEL IDENTIFICATION NO: 46-20-1778-024. CONTROL #: 46002078. Premises: 307 Greason Rd., Car- liale, PA 17013, Township of West Pennsboro, Cumberland County, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Robert A. Desimone, Jr., Single man, by Deed from Martha E. Lay, Widow, acting by and through her Agent, Bertha F. Beidel, dated 10/16/2002, recorded l0/28/2002, in Deed Book 254, page 1067. ,, ~ the Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE cue ~lahiot 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 This ad ran on the date(s) shown below: 01/30/08 02/06108 02113/08 February, 2008 A. D. Notary Public COMMONWEALTH OF r~F?~3~',;YEn?'F,~'~ Sherrie L. I(~sner, *,,';;;?fin; F'ubl;c Cry Of i'~IrnsbUrrJ. ~'i,^e t,*1?~ifl t;iOUrlh/ E My Ccmrr~a= :..Xjs,:~?v 4yf3v. 26, 2011 Member, Pennsylvania i~,~~,,ri~e;oii of Notaries REAL ESTATE SALE N0.17 Writ No. 2007-4343 Civil Term Washington Mutual Bank, F.A. VS Robert A. Desimone, Jr. torney Daniel Schmieg DESCRIPTION ALL THAT CERTAIN house and lot of Bound situate in the Township of West Pennsboro, County of Cumberland, and State of Pennsylvania, designated as Lot No. 49, in the original plan of the Village of treason, and bounded an~ described as follows: BEGINNING at the south comer at a post on the herein described premises on the public road leading from tbe Chambersburg Turnpike to the Carlisle and Newville State Road; thence by Lot No. 48, now or formerly of Velva Myers, East two hundred (200) feet to an alley; thence North forty (40} feet to the corner of a frame stable; thence by Lot No. 50, now or formerly of Monroe Sheaffer, West two hundred (200) feet by same to the public road aforesaid; thence along said public road, South forty (40) feet to the Place of BEGINNING. CONTAINING in front on said public road forty {40) feet, and in depth two hundred (200) feet to said alley. BEING improved with a single family residential dwelling known as and numbered 307 treason Road, Carlisle, Pennsylvania 17013. AND BERG the same premises which George N. Brownawell and Bertha E Brownawell, by their deed dated November 16, 1959 and recorded on the same date in Cumberland County Deed Book 19 'N' 87, granted and conveyed to Bmce H. Lay and Martha E. Lay, his wife. PARCEL Il)ENTIFICATION N0: 46-20-]778- 024 CONTROL #:46002078 Premises: 307 treason Rd., Cazlisle, PA 17013 Township of Wesi Pennsboro Co~nberland County Pernsylvania TITLE TO SAID PREMISES IS VESTED IN Reber! A. Desimone, Jr., Single man, by Deed frm; Martha E. Lay, Widow, acting by and through her Agent, Bertha F. Beidel, dated l0l 1612002, recorded ]0/28/2002, in Deed Book 254, page 1067.