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HomeMy WebLinkAbout07-6361 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 162124 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff v. ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW 114 NORTH PITT STREET CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM (v3(p iNO. 0r7- C61 Term CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 162124 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 #: 162124 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 #: 162124 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 #: 162124 Plaintiff is U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW 114 NORTH PITT STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/26/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1952, Page: 3967. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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. File #: 162124 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2007 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. The following amounts are due on the mortgage: Principal Balance $83,689.68 Interest $3,747.38 05/01/2007 through 10/29/2007 (Per Diem $20.59) Attorney's Fees $1,250.00 Cumulative Late Charges $452.53 05/26/2006 to 10/29/2007 Colt of Suit and Title Search 550.00 Subtotal $89,689.59 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $89,689.59 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 162124 8. Plaintiff is not seeking a judgment of personal liability (or an in uersonam 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. 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. File #: 162124 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 $89,689.59, together with interest from 10/29/2007 at the rate of $20.59 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s /Francis S. Hal inan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 162124 LEGAL DESCRIPTION ALL the following described real estate situate in Carlisle Borough, Cumberland County, Pennsylvania, more particularly described as Lot 2 if the Final Minor Subdivision Plan for Carlisle Housing Opportunities Corporation, bounded and described as follows: BEGINNING at a point at the Northeast corner of Lot 1 of the Final Minor Subdivision Plan for Carlisle Housing Opportunities Corporation, recorded in Cumberland County Plan Book 79, Page 9; thence leaving said place of beginning and running with and binding on the Northern boundary line of said Lot 1, North 75 degrees 00 minutes 00 seconds West 36 feet to a point on the Eastern boundary line of the premises now or formerly of Charles S. Cohick; thence running with and binding on the Eastern boundary line of the premises of Charles S. Cohick, North 15 degrees 00 minutes 00 seconds East 87 feet; thence running and binding with the Northern boundary line of the premises now or formerly of Charles S, Cohick, North 75 degrees 00 minutes 00 seconds West 24 feet to a point on the Eastern boundary line of premises now or formerly of Steven'W. Barrett; thence running and binding with the premises now or formerly of Steven W. Barrett North 15 degrees 00 minutes 00 seconds East 30 feet to a point on the Southern boundary line of premises now or formerly of Ronald D. Yates and Sandra L. Yates; thence running and binding with the premises now or formerly of Ronald D. Yates and Sandra L. Yates South 75 degrees 00 minutes 00 seconds East 60 feet to a point on the Western right of way line of North Pitt Street; thence running and binding on the Western boundary line of North Pitt Street South 15 degrees 00 minutes 00 seconds West 38 feet to the place of BEGINNING. File #: 162124 CONTAINING 2,008 square feet of land, more or less, and being improved with a two story detached dwelling known and numbered and 114 North Pitt Street. BEING the same real estate which Kevin M. Boop and Tara R. Boop, by their deed dated and intended to be recorded immediately prior to the recording of this mortgage, granted and conveyed to Robert J. Drew and Nellie M. Drew, Mortgagors herein. 114 NORTH PITT STREET, CARLISLE, PA 17013 PARCEL NUMBER 05-21-0320-073 File #: 162124 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: 0 0 CS) T .- -r f r7i 7 00 =a J 0 PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Haliinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 215 563-7000 U.S. BANK NATIONAL ASSOCIATION AS COURT OF COMMON PLEAS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. CIVIL DIVISION CUMBERLAND COUNTY V. ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW NO. 07-6361 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to Substitute Verification was sent via first class mail to the following on the date listed below: ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW 114 NORTH PITT STREET CARLISLE, PA 17013 FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL S. SCHMIEG, ESQUIRE Attorney for Plaintiff Dated: a ? oD 7 -pit C:) CTJ r *7 C-) +}s 7 ? - PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION AS COURT OF COMMON PLEAS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. CIVIL DIVISION V. ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW CUMBERLAND COUNTY NO. 07-6361 CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Dated: l .L 1 f 00 7 File #: 162124 Phelan Hallinan and Schmieg, LLP By: Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire . y VERIFICATION Steven Patrick hereby states that he/she is Vice President of Loan Documentation of WELLS FARGO FINANCIAL INC., 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 unworn falsification to authorities. /? - (?k7J Name: Steven Patrick DATE: October 31, 2007 Loan:1115007908 Title: Vice President of Loan Documentation File #: 162124 Company: WELLS FARGO FINANCIAL INC. 0 C= P n c-? S-I ti t--f C7 SHERIFF'S RETURN - REGULAR CASE NO: 2007-06361 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS DREW ROBERT ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DREW ROBERT the DEFENDANT , at 2020:00 HOURS, on the 6th day of November , 2007 at 114 NORTH PITT STREET CARLISLE, PA 17013 ROBERT DREW 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 Service Affidavit Surcharge ,` - Sworn and Subscibed to before me this 18.00 4.80 .00 10.00 day So Answers: R. Thomas Kline 11/07/2007 PHELAN HALLINAN SCHMIEG By: of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06361 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS DREW ROBERT ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DREW NELLIE M the DEFENDANT , at 2020:00 HOURS, on the 6th day of November , 2007 at 114 NORTH PITT STREET CARLISLE, PA 17013 ROBERT DREW 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 6.00 Service .00 Affidavit .00 Surcharge ` 10.00 .00 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 11/07/2007 PHELAN HALLINAN SCHMIEG3 By: 'D u iff A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06361 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS DREW ROBERT ET AL 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 DREW ROBERT J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT DREW ROBERT J 200 WEST MAIN STREET WALNUT BOTTOM, PA 17266 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing 6.00 Service 14.40 Not Found 5.00 Surcharge 10.00 .00 35.40 So answers R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 11/07/2007 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06361 P COItiMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS DREW ROBERT ET AL 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 DREW NELLIE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , DREW NELLIE 200 WEST MAIN STREET WALNUT BOTTOM, PA 17266 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: So answer Docketing 6.00 Service .00 `??? Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 Sworn and Subscribed to before me this day of A.D. PHELAN HALLINAN SCHMIEG 11/07/2007 PHELAN HALLINAN & SCHMIEG, L.L.P. by: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. ROBERT DREW A/K/A ROBERT J. DREW 114 NORTH PITT STREET CARLISLE, PA 17013 NELLIE M. DREW A/K/A NELLIE DREW 114 NORTH PITT STREET CARLISLE, PA 17013 NO. 07-6361 CIVIL TERM Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against ROBERT DREW A/K/A ROBERT J. DREW and NELLIE M. DREW A/K/A NELLIE DREW, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 10/30/07 to 01/11/08 TOTAL $89,689.59 $1,523.66 $91,213.25 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. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PR ROTHY 162124 * PHELAN HALLINAN & SCHMIEG, LLP *By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE : COURT OF COMMON PLEAS FOR RESIDENTIAL FUNDING COMPANY, LLC Plaintiff : CIVIL DIVISION Vs. ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW Defendants TO: ROBERT DREW A/K/A ROBERT J. DREW 114 NORTH PITT STREET CARLISLE, PA 17013 CUMBERLAND COUNTY NO. 07-6361-CIVIL TERM DATE OF NOTICE: DECEMBER 18.2007 LL? 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, LLP 13y: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE : COURT OF COMMON PLEAS FOR RESIDENTIAL FUNDING COMPANY, LLC Plaintiff : CIVIL DIVISION Vs. ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW Defendants TO: NELLIE M. DREW A/K/A NELLIE DREW 114 NORTH PITT STREET CARLISLEPA17013 : CUMBERLAND COUNTY NO. 07-6361-CIVIL TERM DATE OF NOTICE: DECEMBER 18, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE 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. J By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 215 563-7000 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING CUMBERLAND COUNTY COMPANY, LLC. COURT OF COMMON PLEAS 3476 STATEVIEW BLVD CIVIL DIVISION Plaintiff, NO. 07-6361 CIVIL TERM V. ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ROBERT DREW A/K/A ROBERT J. DREW is over 18 years of age and resides at, 114 NORTH PITT STREET, CARLISLE, PA 17013. (c) that defendant NELLIE M. DREW A/K1A NELLIE DREW is over 18 years of age, and resides at, 114 NORTH PITT STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C3 a , .1. ?. - Tr- r v; ? ./ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING CUMBERLAND COUNTY COMPANY, LLC. COURT OF COMMON PLEAS 3476 STATEVIEW BLVD CIVIL DIVISION Plaintiff, NO. 07-6361 CIVIL TERM V. ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on dan 14 200 g_. By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN 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 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. Plaintiff, V. ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW No. 07-6361 CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 01/12/08 to 06/11/08 (per diem -$ 14..99 ) Add'1 Costs TOTAL $91,213.25 $ 2,278.48 and Costs $2,416.50 $95,908.23 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 162124 oz wa a? O? oz 00 ?A o? xW H? `~ U r Pi W ?A qA ?Ha ?z ?Wa a? Hao W?? ZGOU aq ?? wa Uia OW g, o Q 0 a 0 U? wo o? H? a?w bA a? U a M M ? h as a? w a s a? ro w 1 <C o a ? Sta:ag ? k c 0 0000008 :z rb .? b 33 a? _., -71 _N N c ALL the f_olloxaing described real estate situate in Carlisle Borough, Cumberland vCounty,'Pennsylvania, more particularly described as Lot 2 if the Final Minor Subdivision Plan for Carlisle Housing Opportunities Corporation, bounded and described as follows: BEGINNING at a point at the Northeast corner of Lot 1 of the Final Minor Subdivision Plan for Carlisle Housing Opportunities Corporation, recorded in Cumberland County Plan Book 79, Page 9; thence leaving said place of beginning and running with and binding on the Northern boundary line of said Lot 1, North 75 degrees 00 minutes 00 seconds West 36 feet to a point on the Eastern boundary line of the premises now or formerly of Charles S. Cohick; thence running with and binding on the Eastern boundary line of the premises of Charles S. Cohick, North 15 degrees 00 minutes 00 seconds East 87 feet; thence running and binding with the Northern boundary line of the premises now or formerly of Charles S, Cohick, North 75 degrees 00 minutes 00 seconds West 24 feet to a point on the Eastern boundary line of premises now or formerly of Steven W. Barrett; thence running and binding with the premises now or formerly of Steven W. Barrett North 15 degrees 00 minutes 00 seconds East 30 feet to a point on the Southern boundary line of premises now or formerly of Ronald D. Yates and Sandra L. Yates; thence running and binding with the premises now or formerly of Ronald D. Yates and Sandra L. Yates South 75 degrees 00 minutes 00 seconds East 60 feet to a point on the Western right of way line of North Pitt Street; thence running and binding on the Western boundary line of North Pitt Street South 15 degrees 00 minutes 00 seconds West 38 feet to the place of BEGINNING. CONTAINING 2,008 square feet of land, more or less, and being improved with a two story detached dwelling known and numbered and 114 North Pitt Street. BEING the same real estate which Kevin M. Boop and Tara R. Boop, by their deed dated and intended to be recorded immediately prior to the recording of this mortgage, granted and conveyed to Robert J. Drew and Nellie M. Drew, Mortgagors herein DATED 5/26/2006 RECORDED 06/01/06 IN BOOK 274 PAGE 4219. PROPERTY: 114 NORTH PITT STREET CARLISLE, PA 17013 OWNER(S): ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW PARCEL: 05-21-0320-073 Z -"? U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING CUMBERLAND COUNTY COMPANY, LLC. COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION ROBERT DREW A/K/A ROBERT J. DREW NO. 07-6361 CIVIL TERM NELLIE M. DREW A/K/A NELLIE DREW Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC., 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,114 NORTH PITT STREET, 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 DREW A/K/A ROBERT J. DREW 114 NORTH PITT STREET CARLISLE, PA 17013 NELLIE M. DREW A/K/A NELLIE DREW 114 NORTH PITT STREET 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 property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None N .F• 4. Name and address of last recorded holder of every mortgage of record: Name Harris Savings Bank a/k/a WAYPOINT BANK Last Known Address (if address cannot be reasonably ascertained, please indicate) 100 W WASHINGTON ST HAGERSTOWN, MD 21740-4727 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 114 NORTH PITT STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. January 28, 2008 DATE DANIEL G. SCHMIEG, ESQ . IRE Attorney for Plaintiff ?`' .3 ? i _'? +?e (-•» ?? n?a1 ,..., ; , ? 1. .. 4:? ... ? t^< ? C._ „ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. Plaintiff, V. ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-6361 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: () 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. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff - _ _ ; ? ?# +.,::3 ?? ,? ., c' U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. Plaintiff, V. ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW Defendant(s). CUMBERLAND COUNTY No. 07-6361 CIVIL TERM January 28, 2008 TO: ROBERT DREW A/K/A ROBERT J. DREW 114 NORTH PITT STREET CARLISLE, PA 17013 NELLIE M. DREW A/K/A NELLIE DREW 114 NORTH PITT STREET CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY." Your house (real estate) at, 114 NORTH PITT STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff s Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $91,213.25 obtained by U.S. BADiK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 • ALL the following described real estate situate in Carlisle Borough, Cumberland County,, Pennsylvania, more particularly described as Lot 2 if the Final Minor Subdivision Plan for Carlisle Housing Opportunities Corporation, bounded and described as follows: BEGINNING at a point at the Northeast corner of Lot 1 of the Final Minor Subdivision Plan for Carlisle Housing Opportunities Corporation, recorded in Cumberland County Plan Book 79, Page 9; thence leaving said place of beginning and running with and binding on the Northern boundary line of said Lot 1, North 75 degrees 00 minutes 00 seconds West 36 feet to a point on the Eastern boundary line of the premises now or formerly of Charles S. Cohick; thence running with and binding on the Eastern boundary line of the premises of Charles S. Cohick, North 15 degrees 00 minutes 00 seconds East 87 feet; thence running and binding with the Northern boundary line of the premises now or formerly of Charles S, Cohick, North 75 degrees 00 minutes 00 seconds West 24 feet to a point on the Eastern boundary line of premises now or formerly of Steven W. Barrett; thence running and binding with the premises now or formerly of Steven W. Barrett North 15 degrees 00 minutes 00 seconds East 30 feet to a point on the Southern boundary line of premises now or formerly of Ronald D. Yates and Sandra L. Yates; thence running and binding with the premises now or formerly of Ronald D. Yates and Sandra L. Yates South 75 degrees 00 minutes 00 seconds East 60 feet to a point on the Western right of way line of North Pitt Street; thence running and binding on the Western boundary line of North Pitt Street South 15 degrees 00 minutes 00 seconds West 38 feet to the place of BEGINNING. CONTAINING 2,008 square feet of land, more or less, and being improved with a two story detached dwelling known and numbered and 114 North Pitt Street. BEING the same real estate which Kevin M. Boop and Tara R. Boop, by their deed dated and intended to be recorded immediately prior to the recording of this mortgage, granted and conveyed to Robert J. Drew and Nellie M. Drew, Mortgagors herein DATED 5/26/2006 RECORDED 06/01/06 IN BOOK 274 PAGE 4219. PROPERTY: 114 NORTH PITT STREET CARLISLE, PA 17013 OWNER(S): ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW PARCEL: 05-21-0320-073 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6361 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, as Trustee for RESIDENTIAL FUNDING COMPANY, LLC., Plaintiff (s) From ROBERT DREW a/k/a ROBERT J. DREW & NELLIE M. DREW a/k/a NELLIE DREW (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 $91,213.25 L.L.$ 0.50 Interest from 1/12/08 to 6/11/08 (per diem - $14.99) -- $2,278.48 and Costs Arty's Comm % Arty Paid $224.20 Plaintiff Paid Date: 1/29/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $2,416.50 5 Proth otary By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 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 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LL,C. Plaintiff vs. ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-6361 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: Plaintiff commenced this foreclosure action by filing a Complaint on October 30, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit 'A" 2. Judgment was entered on January 14, 2008 in the amount of $91,213.25. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 114 NORTH PITT STREET, CARLISLE, PA 17013 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants filed a Chapter 13 Bankruptcy at Docket Number 07-03692 on November 20, 2007. The Bankruptcy was dismissed by order of court dated December 6, 2007. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on June 11, 2008. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $83,689.68 Interest Through June 11, 2008 $8,372.18 Per Diem $20.61 Late Charges $452.53 Legal fees $1,735.00 Cost of Suit and Title $1,474.00 Sheriffs Sale Costs $0.00 Property Inspections $30.00 Appraisal/Brokers Price Opinion $95.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $251.49 TOTAL $96,099.88 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on March 25, 2008 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. No judge has previously entered a ruling in this case. WI IEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE': 31 0? 1 1 n n , UP By fiche e . Bradford, Es ire 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 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. Plaintiff vs. ROBERTDREW A/K/A ROBERT J. DREW NELLIE, M. DREW A/K/A NELLIE DREW Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-6361 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE ROBERT DREW A/K/A ROBERT J. DREW and NELLIE M. DREW A/K/A NELLIE DREW executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 114 NORTH PITT STREET, 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, Defendants 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 Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corgi v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty! Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are 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 mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville IJampton 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: 3 3 O D Ch c ieg, LLP By : adfor , Es re Attorney or Plaintiff Exhibit "A" cn o c? C= -Ti "Iyt C.17 --- t? G ?c'> C PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 162124 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff v. ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW 114 NORTH PITT STREET CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 01-1.3(,) Civit -t em CUMBERLAND COUNTY Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Pi-F SSE RE URN t r0bL) a File p: 162124 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 IIAVF, 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 #: 162124 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 N: 162124 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 UN rIL 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. Filc #: 162124 1. Plaintiff is U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NEL'LIE DREW 114 NORTH PITT STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/26/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS; INC. AS A NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INC which -mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1952, Page: 3967. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference m- 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. File #: 162124 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2007 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 6, thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $83,689.68 Interest $3,747.38 05/01/2007 through 10/29/2007 (Per Diem $20.59) Attorney's Fees $1,250.00 Cunulative Late Charges $452.53 05/26/2006 to 10/29/2007 Cost of Suit and Title Search 550.00 Subtotal $89,689.59 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $89,689.59 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Fite H; 162124 8. 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. 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. File H: 162124 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 $89,689.59, together with interest from 10/29/2007 at the rate of $20.59 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/Francis S. HAin LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 162124 LEGAL DESCRIPTION ALL the following described real estate situate in Carlisle Borough, Cumberland County, Pennsylvania, more particularly described as Lot 2 if the Final Minor Subdivision Plan for Carlisle Housing Opportunities Corporation, bounded and described as follows: BEGINNING at a point at the Northeast corner of Lot 1 of the Final Minor Subdivision Plan for Carlisle Housing Opportunities Corporation, recorded in Cumberland County Plan Book 79, Page 9; thence leaving said place of beginning and running with and binding on the Northern boundary line of said Lot 1, North 75 degrees 00 minutes 00 seconds West 36 feet to a point on the Eastern boundary line of the premises now or formerly of Charles S. Cohick; thence running with and binding on the Eastern boundary line of the premises of Charles S. Cohick, North 15 degrees 00 minutes 00 seconds East 87 feet; thence running and binding with the Northern boundary line of the premises now or formerly of Charles S, Cohick, North 75 degrees 00 minutes 00 seconds West 24 feet to a point on the Eastern boundary line of premises now or formerly of Steven W. Barrett; thence running and binding with the premises now or formerly of Steven W. Barrett North 15 degrees 00 minutes 00 seconds East 30 feet to a point on the Southern boundary line of premises now or formerly of Ronald D. Yates and Sandra L. Yates; thence running and"binding with the premises now or formerly of Ronald D. Yates and Sandra L. Yates South 75 degrees 00 minutes 00 seconds East 60 feet to a point on the Western right of way line of North Pitt Street; thence running and binding on the Western boundary line of North Pitt Street South 15 degrees 00 minutes 00 seconds West 38 feet to the place of BEGINNING. Filc #; 162124 CONTAINING 2,008 square feet of land, more or less, and being improved with a two story detached dwelling known and numbered and 114 North Pitt Street. BEING the same real estate which Kevin M. Boop and Tara R. Boop, by their deed dated and intended to be recorded immediately prior to the recording of this mortgage, granted and conveyed to Robert J. Drew and Nellie M. Drew, Mortgagors herein. 114 NORTH PITT STREET, CARLISLE, PA 17013 PARCEL NUMBER 05-21-0320-073 File 8: 1621713 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. kvu , Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff, V. ROBERT DREW A/K/A ROBERT J. DREW 114 NORTH PITT STREET CARLISLE, PA 17013 NELLIE M. DREW A/K/A NELLIE DREW 114 NORTH PITT STREET CARLISLE, PA 17013 ley CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION q c Cc_ NO. 07-6361 CIVIL T Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: -ca :Tip m 5M Kindly enter an in rem judgment in favor of the Plaintiff and against ROBERT DREW A/K/A ROBERT J. DREW and NELLIE M. DREW A/K/A NELLIE DREW 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 $89,689.59 Interest from 10/30/07 to 01/11/08 $1,523.66 TOTAL $91,213.25 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. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: f 0 PRO 162124 Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: ROBERT J DREW NELLIE M DREW Debtor(s) Chapter 13 Case No.: 1-07-bk-03692 RNO ORDER DISMISSING CASE Upon consideration of Motion to Dismiss by Debtor(s), and it having been determined that this case can be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. Dated: December 6, 2007 Robert N. Opel, H, Bankruptcy Judge This document is electronically signed and filed on the same date. (B9 MDPA•DISMISUMPT REV 6105 Exhibit "D" 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 March 25, 2008 ROBERTDREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW 114 NORTH PITT STREET CARLISLE, PA 17013 RE: U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. vs. ROBERT DREW /K/A ROBERT J. DREW AND NELLIE M. DREW A/K/A NELLIE DREW Premises Address: 114 NOR'T'H PITT STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 07-6361 CIVIL TERM Dear Defendants, 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 March 30, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. 1 o r, eh le . B df , Esquire For Phelan Hallim & Schmieg, LLP Enclosure £o L6 L 3000d1z WoHzl a311dw sooz sz avw o Los Lz7000 OOVZO $ wL zo 57AAU6 A3N11d AIMMMMMI? loll) 1SOd 5??y W Q Q a ? wa'? Icy v ? W Q?Q H u o ? p H x? d o d v? v ?? a pW ?C) V QQQW aa-o ? Wawa w v . 4x 0 C) 0. 0 z C4 x 3 sr v a Z C4 y N tiD N ?p V v a a c v y 0J ?'pV1 C z Q o `' ao ? ? = O ?n U C O C '?, 191 ` [h?Q v 'x 'd E v ? Ne :? ? a c o ~ W , ro o c 4 a i oo N? v?C ?A m u °, y ? 'm u E v ? E c n. c ? va U W. X E _° E W ?NVOv C bN9 L ?v u'.0 o u c E F 5. v o C n C W C 0- C O ? C? w ? u ? o :Q `o 0. ?w ao 00 zv o? F C? s a d cn 'IT tn 00 1. 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. DATE: (31,3 b ela all an , LLP By: fiche e M. Bradford, sq ' e 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 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County vs. ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW Defendants No. 07-6361 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW 114 NORTH PITT STREET CARLISLE., PA 17013 DATE: ROBERT DREW A/K/A ROBERT J. DREW 200 WEST MAIN STREET WALNUT BOTTOM, PA 17266 By: Attorney for Plaintiff Ph 1 n U.13radford, n h LLP squi i Mic ele :a 'Tl y f __t 1-J 'S C APR 0 32DD8?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. 13ANK NATIONAL ASSOCIATION AS Court of Common Pleas I'RUSTFE FOR RESIDENTIAL FUNDING COMPANY, LLC. Civil Division Plaintiff CUMBERLAND County vs. ROBF,RT DREW A/K/A ROBERT J. DREW NI LI. E M. DREW A/K/A NELLIE DREW No. 07-6361 CIVIL TERM Defendants RULE AND NOW, this day of 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Rule Returnable on the day of 2008, at in *&-Mein Courtroom of he Cumberland County Courthouse, Harrisburg, sylvan' . g I1RT 4 3 it olow4 4? t ,as •ao Michele M. Bradford, Esquire Plan Llallinan & Schmieg, LLP x1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 IFL: (215) 563-7000 FAX: (215) 563-3459 michele bradfordnfedphe.com ROBERT DREW A/K/A ROBERT J. DREW NELL.IE M. DREW A/K/A NELLIE DREW 114 NORTH PITT STREET CARLISLE, PA 17013 ,ROBERT DREW A/K/A ROBERT J. DREW 200 WEST MAIN STREET WALNUT BOTTOM, PA 17266 162124 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION AS Court of Common Pleas "TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. Civil Division Plaintiff CUMBERLAND County VS. No. 07-6361 CIVIL TERM ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW Defendants ORDER AND NOW, this day of 2008 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tune in this case as follows: Principal Balance $83,689.68 Interest Through June 11, 2008 $8,372.18 Per Diem $20.61 Late Charges $452.53 Legal fees $1,735.00 Cost of Suit and Title $1,474.00 Sheriffs Sale Costs $0.00 Property Inspections $30.00 Appraisal/Brokers Price Opinion $95.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $0.00 ($0.00) $251.49 TOTAL $96,099.88 Plus interest from June 11, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ni ichele_bradford(cbfedphe,co?n ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW 114 NORTH PITT STREET CARLISLE, PA 17013 ROBERT DREW A/K/A ROBERT J. DREW 200 WEST MAIN STREET WALNUT BOTTOM, PA 17266 162124 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 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LL,C. Plaintiff VS. ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-6361 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: Plaintiff commenced this foreclosure action by filing a Complaint on October 30, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit ..A,. 2. Judgment was entered on January 14, 2008 in the amount of $91,213.25. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 114 NORTH PITT STREET, CARLISLE, PA 17013 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants filed a Chapter 13 Bankruptcy at Docket Number 07-03692 on November 20, 2007. The Bankruptcy was dismissed by order of court dated December 6, 2007. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on June 11, 2008. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $83,689.68 Interest Through June 11, 2008 $8,372.18 Per Diem $20.61 Late Charges $452.53 Legal fees $1,735.00 Cost of Suit and Title $1,474.00 Sheriffs Sale Costs $0.00 Property Inspections $30.00 Appraisal/Brokers Price Opinion $95.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $251.49 TOTAL $96,099.88 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 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 Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on March 25, 2008 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. 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 "D". 11. No judge has previously entered a ruling in this case. WI IEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Dn?fE: ?' l 0? riche 1 n n LL13y -. Bradford, Es ire 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 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. Plaintiff : Vs. ROBERT DREW A/K/A ROBERT J. DREW NELLIE. M. DREW A/K/A NELLIE DREW Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-6361 CIVII, TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE ROBERT DREW A/K/A ROBERT J. DREW and NELLIE M. DREW A/K/A NELLIE DREW 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 114 NORTH PITT STRIA,"T, 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, Defendants 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 Defendants credit for monthly payments tendered through bankruptcy, if any. 11. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are 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 mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants 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, Plaintiff s 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. V1. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville I lampton 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: 3 3l D? Th c ieg, LLP By: e . Bradfor , Es re ttorney for Plaintiff Exhibit "A" C o cT ? ? `T)lv e7?r GS + ? tZ t r r-- G )y rr, : - PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 162124 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL. FUNDING COMPANY, LLC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. ROBERT DREW', A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW 114 NORTH PITT STREET CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. !o3(b) 0 vit Q. CUMBERLAND COUNTY Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 1q1j RN b't/Il"N$ M Fa 0?li? reci File N: 162124 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 ILAVE 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 #: 162124 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 4: 162124 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 UN''FTL 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 1r: 162124 1. Plaintiff is U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW 114 NORTH PITT STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/26/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS; INC. AS A NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1952, Page: 3967. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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(8); 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. File 4: 162124 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2007 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. 6 The following amounts are due on the mortgage: Principal Balance $83,689.68 Interest $3,747.38 05/01/2007 through 10/29/2007 (Per Diem $20.59) Attorney's Fees $1,250.00 Cumulative Late Charges $452.53 ,05/26/2006 to 10/29/2007 Cost of Suit and Title Search 550.00 Subtotal $89,689.59 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL, $89,689.59 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #; 162124 8. 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. 9. Notice of Intention to Foreclose as set forth in Act b 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. File 4: 162124 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 $89,689.59, together with interest from 10/29/2007 at the rate of $20.59 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP o? By: 1s/Francis S. Ha lnan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff rite k: 162124 LEGAL DESCRIPTION ALL the following described real estate situate in Carlisle Borough, Cumberland County, Pennsylvania, more particularly described as Lot 2 if the Final Minor Subdivision Plan for Carlisle Housing Opportunities Corporation, bounded and described as follows: BEGINNING at a point at the Northeast corner of Lot 1 of the Final Minor Subdivision Plan for Carlisle Housing Opportunities Corporation, recorded in Cumberland County Plan Book 79, Page 9; thence leaving said place of beginning and running with and binding on the Northern boundary line of said Lot 1, North 75 degrees 00 minutes 00 seconds West 36 feet to a point on the Eastern boundary line of the premises now or formerly of Charles S. Cohick; thence running with and binding on the Eastern boundary line of the premises of Charles S. Cohick, North 15 degrees 00 minutes 00 seconds East 87 feet; thence running and binding with the Northern boundary line of the premises now or formerly of Charles S, Cohick, North 75 degrees 00 minutes 00 seconds West 24 feet to a point on the Eastern boundary line of premises now or formerly of Steven W. Barrett; thence running and binding with the premises now or formerly of Steven W. Barrett North 15 degrees 00 minutes 00 seconds East 30 feet to a point on the Southern boundary line of premises now or formerly of Ronald D. Yates and Sandra L. Yates; thence running and binding with the premises now or formerly of Ronald D. Yates and Sandra L. Yates South 75 degrees 00 minutes 00 seconds East 60 feet to a point on the Western right of way line of North Pitt Street; thence running and binding on the Western boundary line of North Pitt Street South 15 degrees 00 minutes 00 seconds West 38 feet to the place of BEGINNING. File N; 162124 CONTAINING 2,008 square feet of land, more or less, and being improved with a two story detached dwelling known and numbered and 114 North Pitt Street. BEING the same real estate which Kevin M. Boop and Tara R. Boop, by their deed dated and intended to be recorded immediately prior to the recording of this mortgage, granted and conveyed to Robert J. Drew and Nellie M. Drew, Mortgagors herein. 114 NORTH PITT STREET, CARLISLE, PA 17013 PARCEL NUMBER 05-21-0320-073 Filo #: 162124 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. ktb4i'? _ -1 / Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: Exhibit "B" 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 X215) 563-7000 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff, V. ROBERT DREW A/K/A ROBERT J. DREW 114 NORTH PITT STREET CARLISLE, PA 17013 NELLIE M. DREW A/K/A NELLIE DREW 114 NORTH PITT STREET CARLISLE, PA 17013 i CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION . C f, C- NO. 07-6361 CIVIL TYU • r Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: 0 m y ?n vm Kindly enter an in rem judgment in favor of the Plaintiff and against ROBERT DREW A/K/A ROBERT J. DREW and NELLIE M. DREW A/K/A NELLIE DREW, 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 $89,689.59 Interest from 10/30/07 to 01/11/08 $1,523.66 TOTAL $91,213.25 I hereby certify that 0) 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. DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: i 0 PROT 162124 Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: ROBERT J DREW NELLIE M DREW Chapter 13 Case No.: 1-07-bk-03692 RNO Debtor(s) ORDER DISMISSING CASE Upon consideration of Motion to Dismiss by Debtor(s), and it having been determined that this case can be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. 6" u Robert N. Op41I, Bankruptcy Judge (BD This document is electronically signed and filed on the same date. Dated: December 6, 2007 MDPA-DISMI352MPT REV 6105 Exhibit "D" 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 March 25, 2008 ROBERT DREW A/K/A ROBIR"1- J. DREW NELLII M. DREW A/K/A NELLIE DREW 114 NORTH PITT STREET CARLISLE, PA 17013 RE: U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. vs. ROBERT DREW /K/A ROBERT J. DREW AND NI;LLIE M. DREW A/K/A NELLIE DREW Premises Address: 114 NORTH PITT STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 07-6361 CIVIL TERM Dear Defendants, 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 March 30, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. M?0!3rr?fsquire For Phelan Haliinan & Schmieg, LLP Enclosure V i so ?s sa0 iz o ws Mpvooo = cnrt 80oZ YVl ZOyR oov'zo 9 S3MOS Id A000" M W 3 o W H QI d Wa H w ?- ? z 3 d ?v N 3W 3 W) tiH ti W o y 0? 0 '-' ?00 w a? a0 " W) 3 3 3 ?U? z p ? W W Phi ? W w?? y ? O W O d ?0a Z C? Z f? ?? o C N_ N_ Z N N a a=. b L C ? c° v e b V] ? O ^' N M rt ? 1" jr- Z Q O `? N M v W) oo rn Ao ?? „o += O i V C O ? O. v L O ..J yl 'd O U n .Ei x ;? E v U N ? .?_ya ?'C G H .o v' c U ? N 7L a' C E G1 O d G C o 0 y ? L L N T E o, y c o „ E v>E G n y ? y F ? a g 'vo u µ? x L A F- °. ovn O L u v •C V?Vj .D O O' ? O N C M A n.0 ?a ° >oo Too w r, , w 0- 'o O o on A.. Ems' d z E .7, o?? ? 2 u°o Nice C w 0 a T a°W v ? 0.? 0 0 va Z.> 0 0 of v v v N O T y 21 .D d 7 N z„ ? U f°- a 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. DATE: 3 3 b el all an , I,I,P By: fiche e M. Bradford, sq ' e Attorney for Plaintiff I, 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 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. Plaintiff Vs. ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-6361 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE, DREW 114 NORTH PITT STREET CARLISLE, PA 17013 DATE: 31'?l ? 6('?- ROBERT DREW A/K/A ROBERT J. DREW 200 WEST MAIN STREET WALNUT BOTTOM, PA 17266 Ph I n lli n h e LLP By' -- Mic ele radford, _squi Attorney for Plaintiff 'i{ .' .. _, t , __ _..-_ _ o- _ ) .? ._ 4 _ J1 ??/'?' r'v, 1'` it . Y 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 March 31.2008 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle. PA 17013 RE: U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. vs. ROBERT DREW /K/A ROBERT J. DREW AND NELLIE M. DREW A/K/A NELLIE DREW CUMBERLAND County CCP, No. 07-6361 CIVIL TERM Dear Sir or Madam: lnclosed for filing please find Motion to Reassess Damages, Brief in Support thereof', and Certification of'Service with regard to the above captioned matter. Kindly return a time-stamped copy of'the enclosed in the self-addressed stamped envelope provided for your convenience. Mhel urs. M. 13 ad o quire For Phelan I lallinan & Schmieg, L,LP I1:nclosurc cc: ROBERT DREW A/K/A ROBERT J. DREW NF.LLIF M. DREW A/K/A NEL,LI1 DREW 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 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. Plaintiff VS. ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW Defendants CERTIFICATION OF SERVICE Court of Common Pleas Civil Division CUMBERLAND County No. 07-6361 CIVIL TERM I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of May 9, 2008 was sent to the following individual on the date indicated below.. ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW 114 NORTH PITT STREET CARLISLE, PA 17013 DATE: DU ROBERT DREW A/K/A ROBERT J. DREW 200 WEST MAIN STREET WALNUT BOTTOM, PA 17266 e i S hmieg, LLP By: Mi el M. Bradford, Esquire Attorney for Plaintiff C3 ^' m T ? b 4 -C U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC Plaintiff VS. ROBERT DREW K/A ROBERT J. DREW AND NELLIE M. DREW A/K/A NELLIE DREW Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6361 Civil Term ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with Phelan Hallinan & Schmieg, LLP, for the limited purpose of representing the Plaintiff at Oral Argument on Plaintiff's Motion to Reassess Damages on May 9, 2008 at 11:00 a.m. in Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Date: April 18, 2008 Dale F. Sh r , r. Supreme Court .D. 19373 10 West High Street Carlisle, PA 17013 (717) 241-4311 CC: Michele M. Bradford, Esquire Robert Drew, a/k/a Robert J. Drew Nellie M. Drew a/k/a Nellie Drew C J rsz, AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF U.S. BANK NATIONAL ASSOCIATION AS / ,:TRUSTEE FOR RESIDENTIAL FUNDING No. 07-6361 CIVIL TERM COMPANY, LLC. ACCT. #162124 DEFENDANT(S) ROBERT DREW A/K/A ROBERT J. DREW Type of Action NELLIE M. DREW A/K/A NELLIE - Notice of Sheriffs Sale DREW Sale Date: JUNE 11, 2008 SERVE NELLIE M. DREW A/K/A NELLIE DREW AT 114 NORTH PITT STREET CARLISLE, PA 17013 SERVED Served and made known to hF-U, (E M, bQ F=W , Defendant, on the . 4+h day of FFpj)Q,U `r 200 , at ,o'clockP.m., at 114 NO211? PITT S7?4r , ?LISLre Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. -Adult family member with whom Defendant(s) reside(s). Name and Relationship is 1KT6(SP?E}ND Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business, an officer of said Defendant(s)'s company. Other: Description: Age ? Height 5V Weight -2-0 Race W Sex 14 Other 1, R gh P /V 10 L-1- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and su? cribed before me this `t day of 20019 Not 40 THEODORE J. HARI% 7 PLEASE ATTE LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE STATE OF NMM%EY ATTEMPTED. MY COMMISSION EXPIRES 10/25/2012 On the day of NOTSERVED 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 13t Attempt: Time. 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200_. Notary: •7 0 ? Vacant 2°d Attempt: Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 1 Zy C r G ?+ M Q AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF U.S. BANK NATIONAL ASSOCIATION AS / TRUSTEE FOR RESIDENTIAL FUNDING `-- No: 07-6361 CIVIL' TERM """' COMPANY, LLC. ACCT. #162124 DEFENDANT(S) ROBERT DREW A/K/A ROBERT J. DREW Type of Action NELLIE M. DREW A/K/A NELLIE - Notice of Sheriff's Sale DREW Sale Date: JUNE 11, 2008 SERVE ROBERT DREW A/K/A ROBERT J. DREW AT 114 NORTH PITT STREET CARLISLE, PA 17013 SERVED Served and made known to ROgeaT DQ r2yj , Defendant, on the 14 4* -day of T;06R- 200_T, at D- , o'clock _?.m., at (44 kag-TH P (Tr S ? , 04P-4_1 SLE , Commonwealth of Pennsylvania, in the manner described below: ? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ?S Height ;?M Weight ?CqO Race W Sex M Other I, I ?QNI?LL? ktO 1-4- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. THEODORE J. HARRIS Sworn to and su cribed NOTARY PUBLIC before me this day STATE OF NEW JER Not Q ?' 2?1NY COMMISSION EXP?v: 1 1A71 j lAtR ASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTSERVED On the day of 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st 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 2 C°? ? r'? - cam ,w , --_ ems'+. ? t -' _"f'! ? :=?. + a1 . f ?- ` ?'`.? ""€:1 .. ; -- {.33 `S7 t ?.J °-? SALE DATE: JUNE 11, 2008 IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION - LAW U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. No.: 07-6361 CIVIL TERM CUMBERLAND COUNTY VS. ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 114 NORTH PITT STREET, CARLISLE, PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff t W 9 "o a W I O a ° cn H Y ? U Ln 00 41 Uw?^^ aa?? wO?a IV y IR y ? ^C w zd0 3(100diZ WOa3 agii vi 0833 01086Zzt`o os o0 ` G OH 3NLd Awomwm? / ?ZSOd SO A U a , ? W •? ? Yi L ? O - Q O ? o H ? w d o p w [s7 cv x .? U ? a H W ^a ? ? G d Ci, C o "? ^O ? ? ? ? ? y u ? . td CI d ? V z , w ? o -, 3 m b o w o t ?? a N °' N o ? s E ? ¢ . O ? , 3 p ? p a? , n ffi U a 0 U H p p o X v? tea Q Ga x a U , z a N ? N zo o? z Zz U) 0 Z_ Q?- Q r- w0. .dj aCC 'UO ? N O c ? ? p ,C v E ? min U s ? h v C C N V O O `v m U ? Soa ? 3 ay o v a'm v ? c v v W ? O U .O ? O .?°? ? H o emo w O r?yJ U ? U N O ? p w ? T? VU tO N C N p T C y .a P. v r d 5k r > 0 0 G `? w C ? . N N q ow Ea, 0 7 O O . ? N ? J ? ttl G M '"l ?fFF+ ? N O O Hd k" ?pO ? U 0 3 ? q ?v iy T W 0.. W O x d (NU/ V w O Q o ? ?a ?b I p ?U C U O ? b S.+ N 3 a H G. C.? 3 C`.`. r? ? «? r'i 1 r .. ? ? _ - 'a ?. C"? r,- j„,n ,., ? ?:i ('.? ,fie U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. CUMBERLAND COUNTY COURT OF COMMON PLEAS V. Plaintiff, CIVIL DIVISION ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW Defendant(s). NO. 07-6361 CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) IT.S_ RANK NATIONAL ASSOCIATION AS TRITSTFE FOR RESIDENTIAL FITNnING COMPANY, 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 J 14 NORTH PITT STRERT, CARLISLE, PA 17013 _ 1. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Cavalry Portfolio Services, LLC Frederic I. Weinberg, Esquire for Cavalry Portfolio Services, LLC Last Known Address (if address cannot be reasonably ascertained, please indicate) 7 Skyline Drive Hawthorne, NY 10532 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Seventh Ave. Pittsburgh, PA 15219 2. 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 .? Mayes, 0OR DATE DANIEL G. SCH IEG, ESQUIRE/ Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE CUMBERLAND COUNTY FOR RESIDENTIAL FUNDING COMPANY, LLC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION ROBERT DREW A/K/A ROBERT J. DREW NO. 07-6361 CIVIL TERM NELLIE M. DREW A/K/A NELLIE DREW Defendant(s) 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: 114 NORTH PITT STREF.T_ CARLISLE, PA 17013. 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. Q a DANIEL G. SCHMI G, ESQUIRE Attorney for Plaintiff Date: May 28, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be cold in the ahcence of a rgnrecentative 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. 162124 T ? F fJ? C6 O ... . H V y ? N ? yy ? U yy, t1? ? G F u E 0 L B L 3400 dIZ woma amid 8002 8Z.ldYV o 408 M7000 q W c ?r * zo t ooz M z o W 53AN09 A3Nlld dmwmmwwl? !lam • dv?ffzm j d q K V ° ' d y a o . a 6 'D U 7 tl0 t0 % ? F ,y ^ 4i1 V N ? ? W N -E°o ? ? o d N u V H y`? a-u o o y y T G It s ¢ O 'V nOU ?p C > O r pw W Owl O O O ? ? O G ? VI a v ? ?ppQ ? ya A6? xy ? CO C w A ? 44 i-A *? o ? T a ? a a o y ? ? moo u W s. O. I+ N O M d UA ?_ N E./ "O ? N q o jR ? MM? ?? Q ai Cd ? '_' ': ?? 6? Imo- C? ? •C? ? d !?' ? ? O C. a vu' ;c aA o ° > ;j ? ? v • s? ?? Ha z b h o? b ? as a z. y a z t? en ? N ?o a !? 7 f-- +'= 9 ca_? cw? W.FI .--{ C__ -_ _ - C:':? w.» ? aT ? ?:? ?? t _ -- N ;? -= i.,> ?:_? U.S. Bank National Association as Trustee In the Court of Common Pleas of For Residential Funding Company LLC Cumberland County, Pennsylvania VS Writ No. 2007-6361 Civil Term Robert Drew a/k/a Robert J. Drew and Nellie M. Drew a/k/a Nellie Drew Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on February 21, 2008 at 0955 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Robert Drew a/k/a Robert J. Drew and Nellie M. Drew a/k/a Nellie Drew, by making known unto Robert Drew personally and adult in charge for Nellie M. Drew, at 114 North Pitt Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 01, 2008 at 15 10 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 Drew a/k/a Robert J. Drew and Nellie M. Drew a/k/a Nellie Drew located at 114 North Pitt Street, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Robert Drew a/k/a Robert J. Drew and Nellie M. Drew a/k/a Nellie Drew by regular mail to their last known address of 114 North Pitt Street, Carlisle, PA 17013. These letters were mailed under the date of March 31, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 22.79 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 9.60 Levy 15.00 Surcharge 30.00 Postpone Sale 40.00 Law Journal 497.00 Patriot News 470.51 Share of Bills 14.73 $1,162.13- So Answers: r to z1* R. Thomas Kline, Sheriff ?,. w BY 3'f Real Estate ergeant . aiciy07 A U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING CUMBERLAND COUNTY COMPANY, LLC. . COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION ROBERT DREW A/K/A ROBERT J. DREW NO. 07-6361 CIVIL TERM NELLIE M. DREW A/K/A NELLIE DREW Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC., 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 ,114 NORTH PITT STREET, 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 DREW A/K/A ROBERT J. DREW 114 NORTH PITT STREET CARLISLE, PA 17013 NELLIE M. DREW A/K/A NELLIE DREW 114 NORTH PITT STREET 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 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 eery mortgage of record: Name Harris Savings Bank a/k/a WAYPOINT BANK Last Known Address (if address cannot be reasonably ascertained, please indicate) 100 W WASHINGTON ST HAGERSTOWN, MD 21740-4727 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TenantlOccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 114 NORTH PITT STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 28, 20082 DATE DANIEL G. SCHMIEG, ESQ . Attorney for Plaintiff E =ZI d I E NYt' 001 dd',llttifl) ilti iE?11:1 JM314S 3N1 A DIJ3 O ?' U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. Plaintiff, V. ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW Defendant(s). TO: ROBERT DREW A/K/A ROBERT J. DREW 114 NORTH PITT STREET January 28, 2008 CARLISLE, PA 17013 CUMBERLAND COUNTY No. 07-6361 CIVIL TERM NELLIE M. DREW A/K/A NELLIE DREW 114 NORTH PITT STREET 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 A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 114 NORTH PITT STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff s Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 9$ 1,213.25 obtained by U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. (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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL.the following described real estate situate in Carlisle Borough, Cumberland County, Pennsylvania, more particularly described as Lot 2 if the Final Minor Subdivision Plan for Carlisle Housing Opportunities Corporation, bounded and described as follows: BEGINNING at a point at the Northeast corner of Lot 1 of the Final Minor Subdivision Plan for Carlisle Housing Opportunities Corporation, recorded in Cumberland County Plan Book 79, Page 9; thence leaving said place of beginning and running with and binding on the Northern boundary line of said Lot 1, North 75 degrees 00 minutes 00 seconds West 36 feet to a point on the Eastern boundary line of the premises now or formerly of Charles S. Cohick; thence running with and binding on the Eastern boundary line of the premises of Charles S. Cohick, North 15 degrees 00 minutes 00 seconds East 87 feet; thence running and binding with the Northern boundary line of the premises now or formerly of Charles S, Cohick, North 75 degrees 00 minutes 00 seconds West 24 feet to a point on the Eastern boundary line of premises now or formerly of Steven W. Barrett; thence running and binding with the premises now or formerly of Steven W. Barrett North 15 degrees 00 minutes 00 seconds East 30 feet to a point on the Southern boundary line of premises now or formerly of Ronald D. Yates and Sandra L. Yates; thence running and binding with the premises now or formerly of Ronald D. Yates and Sandra L. Yates South 75 degrees 00 minutes 00 seconds East 60 feet to a point on the Western right of way line of North Pitt Street; thence running and binding on the Western boundary line of North Pitt Street South 15 degrees 00 minutes 00 seconds West.38 feet to the place of BEGINNING. CONTAINING 2,008 square feet of land, more or less, and being improved with a two story detached dwelling known and numbered and 114 North Pitt Street. BEING the same real estate which Kevin M. Boop and Tara R. Boop, by their deed dated and intended to be recorded immediately prior to the recording of this mortgage, granted and conveyed to Robert J. Drew and Nellie M. Drew, Mortgagors herein DATED 5/26/2006 RECORDED 06/01/06 IN BOOK 274 PAGE 4219. PROPERTY: 114 NORTH PITT STREET CARLISLE, PA 17013 OWNER(S): ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/K/A NELLIE DREW PARCEL: 05-21-0320-073 WRIT OF EXECUTION and/or ATTACHMENT f COMMONWEALTH OF PENNSYLVANIA) NO 07-6361 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, as Trustee for RESIDENTIAL FUNDING COMPANY, LLC., Plaintiff (s) From ROBERT DREW a/k/a ROBERT J. DREW & NELLIE M. DREW a/k/a NELLIE DREW (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 $91,213.25 L.L.$ 0.50 Interest from 1/12/08 to 6/11/08 (per diem - $14.99) -- $2,278.48 and Costs Atty's Comm % Atty Paid $224.20 Plaintiff Paid Date: 1/29/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $2,416.50 czwt Proth otary By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 Real Estate Sale # 18 On February 19, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 114 North Pitt Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 19, 200$ By: ____ Real Estate rgeant g€ -ZI d I € Wr 8001 JAI83HS 3H1 J0 331JJO PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 2, May 9, and May 16, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this 16 day of May, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 PSAL ESTATE SALE NO. 18 Writ No. 2007-6361 Civil U.S. Bank National Association, as Trustee for Residential Funding Company, LLC VS. Robert Drew a/k/a Robert J. Drew and Nellie M. Drew a/k/a Nellie Drew Atty.: Daniel Schmieg ALL the following described real estate situate in Carlisle Borough, Cumberland County, Pennsylvania, more particularly described as Lot 2 if the Final Minor Subdivision Plan for Carlisle Housing Opportunities Corporation, bounded and described as follows: BEGINNING at a point at the Northeast corner of Lot 1 of the Final Minor Subdivision Plan for Carlisle Housing Opportunities Corporation, recorded in Cumberland County Plan Hook 79, Pape 9; thence Waving said place of beginning and runzO with and binding on the Northern boundary line of said Lot 1, North 75 degrees 00 minutes 00 seconds West 36 feet to a point on the Eastern boundary line of the premises now or formerly of Charles S. Cohick; thence running with and binding on the Eastern boundary line of the prem- ises of Charles S. Cohick, North 15 degrees 00 minutes 00 seconds East 87 feet; thence running and binding with the Northern boundary line of the premises now or formerly of Charles S, Cohick, North 75 degrees 00 minutes 00 seconds West 24 feet to a point on the Eastern boundary line of premises now or formerly of Steven W. Barrett; thence running and binding with the premises now or formerly of Steven W. Barrett North 15 degrees 00 minutes 00 seconds East 30 feet to a point on the South- ern boundary line of premises now or formerly of Ronald D. Yates and Sandra L. Yates; thence running and binding with the premises now or for- merly of Ronald D. Yates and Sandra L. Yates South 75 degrees 00 minutes 00 seconds East 60 feet to a point on the Western right of way line of North Pitt Street; thence running and bind- ing on the Western boundary line of North Pitt Street South 15 degrees 00 minutes 00 seconds West 38 feet to the place of BEGINNING. CONTAINING 2,008 square feet of land, more or less, and being improved with a two story detached dwelling known and numbered and 114 North Pitt Street. BEING the same real estate which Kevin M. Boop and Tara R. Boop, by their deed dated and intended to be recorded immediately prior to the re- cording of this mortgage, granted and conveyed to Robert J. Drew and Nellie M. Drew, Mortgagors herein DATED 5/26/2006 RECORDED 06/01/06 IN BOOK 274 PAGE 4219. PROPERTY: 114 NORTH PITT STREET, CARLISLE, PA 17013. OWNER(S): ROBERT DREW a/k/a ROBERT J. DREW, NELLIE M. DREW a/k/a NELLIE DREW. PARC.F,r: nri-2l -ongn-n7l --The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patriot 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: 04/23/08 04/30/08 .? 05107/08 . . . . . lam. . '01'. 1 rr _Ow" i / / W - . r . . . . . . . . . . . . . . Sworn to d s scribed before me this 27 day of May, 2008 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyrfe L. Sheppard, Notary Public City Of Harrisburg, Dauphin County My Commission. Expires May 29, 2010 Member, Pennsylvania Association of Notaries Real EfAMe antler Ms Writ No. X$7-1 CIO Tom J.S. Bank Nadonal Association, as Trustee for Residential Funding Company, LLC VS Robert Draw &We Robert J. Drew and NOM M. Drew a/Wa Neft Drew ALL the following described real estate situate in Carlisle Bomagh, Cumberland County, Pennsylvania, more particularly described as Lot 2 if the Final Minor Subdivision Plan. for Carlisle Housing Opportunities Corporation, bounded and described as follows: BEGINNING at a point at the Northeast corner of Lot I of the Final Minor Subdivision Plan for Carlisle Housing Opportunities Corporation, recorded in Cumberland County Plan Book 79, Page 9; theme leaving said place of beginning and running with and binding on the Northern boundary line of said Lot 1, North 75 degrees 00 minutes 00 seconds West 36 feet to a point on the Eastern boundary line of the premises now or formerly of Charles S. Cobick; thence running with and binding on the Eastern boundary line of the premises of Charles S. Cohick, North 15 degrees 00 minutes 00 seconds East 87 feet; thence rimming and binding with the Northern boundary tine of the premises now or formerly of Charles S, Cohick, North 75 degrees 00 mptes 00 seconds West 24 feet to a poi on the Eastem boundary line of premises now or formerly of Steven W. Barret; thence rumang and. binding with the premises now, or formerly of Steven W. Barrett North 15 degrees00 minutes 00 seconds Fast 30 feet to a point on the Southern boundary line of premises now or formerly of Ronald D. Yates and Sandra L. Yates; thence rum mg and binding with the premises now or formerly of Ronald D. Yates and Sandra L. Yates South 75 degrees 00 minutes 00 seconds East 60 feet to a point on the Western right of way line of North Pitt Street; thence running and binding on the Western boundary tine of North Pitt Street South 15 degrees Q0 minutes 00 seconds West 38 feet to the Place, of BEGLNNING. CGNTAMG 2,008 square feet of land, more or less, and being improved with a two story detached dwelling known and numbered and 114 North Pitt Street. BEING the same real estate which Kevin M. Boop and Tffia R. Boop, by their deed dated and intruded to be recorded immediately prior to the recording of this mortgage, granted and conveyed to Robert L Drew and Nellie M. Drew, Mortgagors herein DATED 5/26/2006 RECORDED 06101/06_IN BOOK 274 PAGE 419. PROPERLY: 114 NORM PITT STREET CARLLSLE, PA 17013 OWNER(S): ROBERT DREW A/YJA ROBERT J. DREW NELLLE M. DREW A/K/A NELLIE DREW PARCEL: 05-21-0320.073 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 at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. Plaintiff vs ROBERT DREW A/K/A ROBERT J. DREW NELLIE M. DREW A/X/A NELLIE DREW Defendant Court of Common Pleas : I Civil Division : I CUMBERLAND County : I No. 07-6361 CIVIL TERM PHS# 162124 PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please mark judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Date: November 5, 2008 Francis S. Hallinan Attorney for Plaintiff s , • rQ _y r? C"1