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HomeMy WebLinkAbout08-0212PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 168944 INDYMAC BANK, F.S.B. 460 SIERRA MADRE VILLA AVENUE, SUITE 101 PASADENA, CA 91107 V. Plaintiff TWILLA GRAHAM 126 WEST PENN STREET CARLISLE, PA 17013 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. D3 - M of 0>r i ( Te fw CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 168944 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 #: 168944 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 #: 168944 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 #: 168944 1. Plaintiff is INDYMAC BANK, F.S.B. 460 SIERRA MADRE VILLA AVENUE, SUITE 101 PASADENA, CA 91107 2. The name(s) and last known address(es) of the Defendant(s) are: TWILLA GRAHAM 126 WEST PENN STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/29/2007 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS A NOMINEE FOR INDYMAC BANK, FEDERAL SAVINGS BANK, A FEDERALLY CHARTERED SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1987, Page: 3253. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 168944 6. The following amounts are due on the mortgage: Principal Balance $66,311.13 Interest $3,524.98 07/01/2007 through 01/10/2008 (Per Diem $18.17) Attorney's Fees $1,250.00 Cumulative Late Charges $174.84 03/29/2007 to 01/10/2008 Cost of Suit and Title Search 550.00 Subtotal $71,810.95 Escrow Credit $0.00 Deficit $0.71 Subtotal 0.71 TOTAL $71,811.66 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 168944 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $71,811.66, together with interest from 01/10/2008 at the rate of $18.17 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 FRANCIS S. H LINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 168944 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BOUNDED on the North by West Penn Street; on the East by property now or formerly of Joseph White; on the South by a private alley; and on the West by property now or formerly of Fleta Jordon, Sr. CONTAINING in front on said West Penn Street sixteen (16) feet six (6) inches, more or less, and extending in depth one hundred ten (110) feet, more or less, to said private alley, and being numbered 126 West Penn Street, Carlisle, Pennsylvania. BEING THE SAME premises which Timothy F. Straub and Marisa A. Straub, husband and wife, by Deed bearing dated the 29th day of March, 2007, and about to be herewith recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Twilla Graham. PARCEL #05-20-1798-141 126 WEST PENN STREET, CARLISLE, PA 17013 File #: 168944 VERIFICATION I hereby state that I am the 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 I am 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 my 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 unsworn falsifications to authorities. -- - - - 2m3c?o 9 Attorney for intiff DATE: r l ° v Coe _n .D V. 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-00212 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INDYMAC BANK F S B VS GRAHAM TWILLA GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GRAHAM TWILLA the DEFENDANT , at 1110:00 HOURS, on the 15th day of January , 2008 at 126 WEST PENN STREET CARLISLE, PA 17013 TWILA GRAHAM by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00., Service 4.80 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 tJ,?al6F .32.80 01/16/2008 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By before me this day Deputy Sh ff of A. D. ,, PHELAN HALLINAN & SCHMIEG, L.L.P. 'By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 INDYMAC BANK, F.S.B. 460 SIERRA MADRE VILLA AVENUE, SUITE 101 PASADENA, CA 91107 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. TWILLA GRAHAM 126 WEST PENN STREET CARLISLE, PA 17013 Defendant(s). CIVIL DIVISION NO. 08-212-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 3?I ?r l o_S 0C a PRO OTHY 168944 TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against TWILLA GRAHAM, 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 01/11/08 to 3/10/08 TOTAL $71,811.66 $1,090.20 $72,901.86 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. PHELAN HALLINAN & SCHMIEG, LLP ATTORNEY FOR PLAINTIFF By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (?15) 561-7000 INDYMAC BANK, F.S.B. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY TWILLA GRAHAM Defendants :NO. 08-212 CIVIL TERM TO: TWILLA GRAHAM 126 WEST PENN STREET CARLISLE, PA 17013 DATE OF NOTICE: FEBRUARY 26, 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS RE D TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR .Y T PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS SPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLL DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE I0.0 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A DEFENSES RCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR 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 LINDA NGUYEN, Le Assistant 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 INDYMAC BANK, F.S.B. 460 SIERRA MADRE VILLA AVENUE, SUITE 101 Plaintiff, V. TWILLA GRAHAM Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-212-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the 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 TWILLA GRAHAM is over 18 years of age and resides at, 126 WEST PENN 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. SHM EG, ESQ I Attorney for Plaintiff ?P- o ? n -F b a U ? C ( p .! X r - L M :,ti W 1 `Y (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW INDYMAC BANK, F.S.B. 460 SIERRA MADRE VILLA AVENUE, SUITE 101 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. TWILLA GRAHAM Defendant(s). CIVIL DIVISION NO. 08-212-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on Moreh 11 2008. By: If you have any questions concerning this matter, please contact: C DANIEL G. SCHMIEG, ES UIRE Attorney for Plaintiff ONE PENN CENTER AT SUBU ATION 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." 1 'i. 6 _ A , AFFIDAVIT OF SERVICE PLAINTIFF INDYMAC BANK, F.S.B. DEFENDANT(S) TWILLA GRAHAM SERVE TWILLA GRAHAM AT: 126 WEST PENN STREET CARLISLE, PA 17013 CUMBERLAND COUNTY No. 08-212-CIVIL. TERM ACCT. #168944 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 4, 2009 SERVED Served and made known to 222-11 ? 6 .?a Defendant, on the A? Z day of , 20th at 1;d!;? , o'clock at /?i !,/cs7~ /cr?^ s_??ac/,s ?? * , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. WAdult 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: Aged Height-,_2 Weight ZdQ Race 6?/< Sex ` Other 1, A? A a a competent adult, being duly sworn according to a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth here' the address indicated above. depose and state that I personally handed l in the captioned case on the date and at Kenneth W. Baker Sworn to and subscribed 18 Bisbee Drive efore me this / Wt day Burlington NJ 08016 200,'. 609-62b-4231 By: / _g4td_j__ ATTEMS AOtLL ERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. ary Public c State of New Jersey NOT SERVED PATRlr'"A 2. HARRc3 Commission Expires June 16, 2013 On the day of . 200_,,,, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1st Attempt: /a / 9 / 9 1ttTime• 3rd Attempt: 1 / Time: Sworn to and subscribed before me this day of , 200-. Notary: Vacant 2"d Attempt: ! / Time: Attornev for Plaintiff DANIEL G. SCHPMEG, Esquire - T.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 /9? co INDYMAC BANK, F.S.B. V. Plaintiff, TWILLA GRAHAM Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-212-CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) INDYMAC BANK. F.S.B., 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, 126 WEST PENN 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) TWILLA GRAHAM 126 WEST PENN 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TIMOTHY F. STRAUB 2602 MARKET STREET, CAMP HILL, PA 17011 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Geoffrey M. Biringer MidPenn Legal Services 126 WEST PENN STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 401 E. Louther Street Carlisle, PA 17013 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. P February 3. 2009 DATE DANIEL G. SC IEG, ES Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC BANK, F.S.B. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION TWILLA GRAHAM Defendant(s) NO. 08-212-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 126 WEST PENN STREET C'.ARI.ISI.F,, 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. P ? DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff Date: February 3, 2009 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he sold in th absence of a representative of the plaintiff at the Sheriffs SHIP. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 168944 w o? .? F .p 0 v LO ? AO o? ?aCa o a ,.l a zdo EOlsi ?? 800E S11ap ZWObj?j COZ ct) it O t08 a t 00 ?•'? "1 '70 1. F? . ?l EF: y N a o a ? 8 tt x yd ua W ? •? r A 'w a ? o 4 H •d'cV ? pay •? F ? N? ? ? V g £ g ?a N W A w w '? GO C7 ?' z?G?+ O? ? ?p •?N ? O ? O J 4 o ~ Goo F' w? X0 a I CA M . W A? OU ? U?o a ?a E? 7U C E z m it A $ N a ...+ N M h \p t? 00 O? ."". .M. .?.. .?.. imp Tt iy y°1 F C N ?? Indymac Bank, F.S.B. VS Twilla Graham In The Court of Common. Pleas of Cumberland County, Pennsylvania Writ No. 2008-212 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 26, 2008 at 1522 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Twilla Graham, by making known unto Twilla Graham personally, at 126 West Penn Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2009 at 0952 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 Twilla Graham located at 126 West Penn Street, Carlisle, Cumberland Country, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Twilla Graham, by regular mail to her last known address of 126 West Penn Street, Carlisle, PA 17013. This letter was mailed under the date of January 9, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 16.59 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Milage 9.00 Levy 15.00 Surcharge 20.00 Post Pone Sale 40.00 2 . U u (_, . C4C '? D ?:a Law Journal 355.00 Patriot News 312.71 Share of Bills 15.52 846.32 So Answers, R. Thomas Kline, Sheriff B Y _L? 0-?I A Real Estate Coordinator 11 c,1 o 1 - -- C) t? .A INDYMAC BANK, F.S.B. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS TWILLA GRAHAM CIVIL DIVISION Defendant(s). NO. 08-212-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3121) (Affidavit No. 1) INDYMAC BANK, F.S.B., 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, 126 WEST PENN 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) TWILLA GRAHAM 126 WEST PENN 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TIMOTHY F. STRAUB 2602 MARKET STREET, CAMP HILL, PA 17011 5. Name, and address of every other person who has any record lien on the property: • Flame Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 126 WEST PENN STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. -? "D, 1? September 30, 2008 DATE DANIEL G. SCHMIEG, :E? SQRE Attorney for Plaintiff r INDYMAC BANK, F.S.B. Plaintiff, V. TWILLA GRAHAM Defendant(s). CUMBERLAND COUNTY No. 08-212-CPVIL TERM September 30, 2008 TO: TWILLA GRAHAM 126 WEST PENN 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 BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 126 WEST PENN STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff s Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $72,901.86 obtained by INDYMAC BANK, F.S.B. (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. t You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting; your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL, HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as#rollows: BOUNDED on the North by West Penn Street; on the East by property now or formerly of Joseph White; on the South by a private alley; and on the West by property now or formerly of Fleta Jordon, Sr. CONTAINING in front on said West Penn Street 16 feet 6 inches, more or less, and extending in depth 110 feet, more or less, to said private alley; and being numbered 126 West Penn Street, Carlisle, Pennsylvania. BEING THE SAME premises which Timothy F. Straub and Marisa A. Straub, husband and wife, by Deed bearing dated the 29th day of March, 2007, and about to be herewith recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Twilla Graham. BEING THE SAME PREMISES VESTED IN Twilla Graham, a single woman, by Deed from Timothy F. Straub and Marisa A. Straub, h/w, dated 03/07/2007, recorded 04/04/2007, in Deed Book 279, page 2242. PREMISES BEING: 126 WEST PENN STREET, CARLISLE, PA 17013 PARCEL NO. 05-20-1798-141 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N008-212 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDYMAC BANK, F.S.B. Plaintiff (s) From TWILLA GRAHAM (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 $72,901.86 L.L.$.50 Interest FROM 3/11/2008-3/4/2009 (per diem-$11.98) $4300.82 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $151.80 Plaintiff Paid Other Costs Date: October 7, 2008 1 C is R. Longue notary (Seal) By: Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: Supreme Court ID No. Real Estate Sale #14 On October 30, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 126 West Penn St., Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 30, 2008 By: Real Estate Sergeant triot-News Co. PP08'12 Market-St., Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Z4e Patr1*otwXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY REAL ESTATE SALE NO. 14 Writ No. 2008-212 Civil Term Indymac Bank, F.S.B. VS Twilla Graham Attorney Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BOUNDED on the North by West Penn Street; on the East by property now or formerly of Joseph White; on the South by a private alley; and on the West by property now or formerly of Fleta Jordon, Sr. CONTAINING in front on said West Penn Street 16 feet 6 inches, more or less, and extending in depth 110 feet, more or less, to said private alley; and being numbered 126 West Penn Street, Carlisle, Pennsylvania. BEING THE SAME premises which Timothy F. Straub and M;risa A. Straub, husband and wife. by Deed bearing dated the 29th day of March, 2007, and about to be herewith recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Twilla Graham. This ad ran on the date(s) shown below: 01 /21 /09 01/28/09 D 02/04/09 .......9'cri7bed ....... Sworn to and before me this 25 day of F=ebruary, 2009 A.D. Notary Public BEING THE SAME PREMISES VESTED IN Twilla Graham, a single woman, by Deed from Timothy F. Straub and Marisa A. Straub, h/w, dated 03/07/2007, recorded 04104/2007, in Deed Book 279, page 2242. PREMISES BEING: 126 WEST PENN STREET, CARLISLE, PA 17013 PARCEL NO. 05-20-1798-141 COMMONWEALTH O. PENNSYLVANIA ??? _ }.lrtt !a Sp.al anems .. ssr e Notary Public Cky (V Harrisburg. Dauphin County tyy ???I' ?"x,xreg 1VOV. 2ti, 2011 Member, Pennsy h,r , is ,Association of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 30, February 6, and February 13, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, Editor SWORN'O AND SUBSCRIBEI5 before me this day of February 13, 2009 Notary ? NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 14 Writ No. 2008-212 Civil Indymac Bank, F.S.B. vs. Twilla Graham Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erect- ed, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BOUNDED on the North by West Penn Street; on the East by property now or formerly of Joseph White; on the South by a private alley; and on the West by property now or formerly of Fleta Jordon, Sr. CONTAINING in front on said West Penn Street 16 feet 6 inches, more or less, and extending in depth 110 feet, more or less, to said private alley; and being numbered 126 West Penn Street, Carlisle, Pennsylvania. BEING THE SAME premises which Timothy F. Straub and Marisa A. Straub, husband and wife, by Deed bearing dated the 29th day of March, 2007, and about to be herewith re- corded in the office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Twilla Graham. BEING THE SAME PREMISES VESTED IN Twilla Graham, a single woman, by Deed from Timothy F. Straub and Marisa A. Straub, h/w, dated 03/07/2007, recorded 04/ 04/2007, in Deed Book 279, page 2242. PREMISES BEING: 126 WEST PENN STREET, CARLISLE, PA 17013. PARCEL NO. 05-20-1798-141. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE t Pa.R.C.P. 3180-3183 INDYMAC BANK, F.S.B. Plaintiff, V. TWILLA GRAHAM No. 08-212-CIVIL-TERM Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $72,901.86 Interest from 03/11/2008 - 12/09/2009 (per diem -$11.98) TOTAL Note: Please attach description of property. $7,655.22 $80,557.08 ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Fr?ancis S. Hallinan, Esq., Id. No. 62695 rDaniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No: 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94(, `<<; ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Pla4, Suite 1400 Philadelphia, PA 19163 (215) 563-7000 168944 o z F d a w? U^ z W W w o? u pp U la ? d of U? U ?W U C\j `i Lo LLJ .L COl ur co ch < <_ W W F2 a C;ICL rM N 00 ° M O h Q CIO W O a N ? H o, O ?ha,M a 000, t, MM°?d X00 ai C'4 , M?? o?oooMO NN C U 00 ° o ?Z?.ZohooMN-`C o o'° a oZ o E-. ,6 z -0 6 C5 .6 .6 'd N y W Q W ?z y N o& FW 'a vy w ? o WWW?"a ?www °w?e ?;•=? c?a "' Z ? OVO C;, 42 5 as ?vi???wQr?•? o?a? ?? caU?tj•cd'°w?,, ?V a,E...; aG anti 3? > c d ?M3 ?' aw vAti.a>tiaQ t°U °UeC ? ? [? ? ? ? ? ? ? ? ? ? ? ? ? ? ? O a b w y ?• r Y I ? 1 CAj ra ? v TO ° WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-212 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDYMAC BANK, F.S.B., Plaintiff (s) From TWILLA GRAHAM (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 $72,901.86 L.L. Interest FROM 3/11/08 TO 12/9/09 (PER DIEM - $11.98) - $7,655.22 Atty's Comm % Atty Paid $1,019.62 Plaintiff Paid Date: AUGUST 25, 2009 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs A'JIWA?? Curt' R. Long, Podlotar/ By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION ATTORNEY FOR PLAINTIFF 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 INDYMAC BANK, F.S.B. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. TWILLA GRAHAM CIVIL DIVISION NO. 08-212-CIVIL-TERM Defendant(s). CERTIFICATION The undersigned attorney, hereby verifies that he/she 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. . A §4904 relating to unsworn falsification to authorities. ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 516aniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FLED-CX ur- OF TH- F,-;?_ T, 0TARY 2009 AUG 25 FM 2' 15 j'?_Y t INDYMAC BANK, F.S.B. Plaintiff, V. TWILLA GRAHAM Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-212-CIVIL-TERM AFFIDAVIT PURSUANT TO RULE 3129.1 INDYMAC BANK, F.S.B., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 126 WEST PENN STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) TWILLA GRAHAM 126 WEST PENN STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: TWILLA GRAHAM 126 WEST PENN STREET CARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) TIMOTHY F. STRAUB 2602 MARKET STREET CAMP HILL, PA 17011 5. Name and address of every other person who has any record lien on the property: Name 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 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 Address (if address cannot be reasonably Tenant/Occupant Domestic Relations of Cumberland County ascertained, please indicate) 126 WEST PENN STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program TWILLA GRAHAM C/O: GEOFFREY M. WRINGER, ESQUIRE PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 401 E. LOUTHER STREET CARLISLE, PA 17013 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 stat erein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification auth rities. August 24, 2009 DATE ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 F{LED`0?? K;E- OF THE p-,,:l `_-r,, r,'y'()TARY 2009 AUG 25 PH 2'. 15 PE''i ' Y_V N1 '? ell INDYMAC BANK, F.S.B. Plaintiff, V. TWILLA GRAHAM Defendant(s). CUMBERLAND COUNTY No. 08-212-CIVIL-TERM August 24, 2009 TO: TWILLA GRAHAM 126 WEST PENN 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 BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at 126 WEST PENN STREET CARLISLE PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $72,901.86 obtained by INDYMAC BANK, F.S.B (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 08-212-CIVIL-TERM INDYMAC BANK, F.S.B. VS. TWILLA GRAHAM Owner(s) of property situate in the, Cumberland County, Pennsylvania, being (Municipality) 126 WEST PENN STREET, CARLISLE PA 17013 Parcel No. 05-20-1798-141 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $72,901.86 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BOUNDED on the North by West Penn Street; on the East by property now or formerly of Joseph White; on the South by a private alley; and on the West by property now or formerly of Fleta Jordon, Sr. CONTAINING in front on said West Penn Street sixteen (16) feet six (6) inches, more or less, and extending in depth one hundred ten (110) feet, more or less, to said private alley, and being numbered 126 West Penn Street, Carlisle, Pennsylvania. CONTAINING in front on said West Penn Street 16 feet 6 inches, more or less, and extending in depth 110 feet, more or less, to said private alley; and being numbered 126 West Penn Street, Carlisle, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Twilla Graham, a single woman, by Deed from Timothy F. Straub and Marisa A. Straub, h/w, dated 03/07/2007, recorded 04/04/2007, in Deed Book 279, page 2242. PREMISES BEING: 126 WEST PENN STREET, CARLISLE, PA 17013 PARCEL NO. 05-20-1798-141 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 INDYMAC BANK, F.S.B. Plaintiff V. TWILLA GRAHAM Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-212-CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, 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 January 11, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A", 2. Judgment was entered on March 11, 2008 in the amount of $72,901.86. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 9, 2009. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 9, 2009 Per Diem $12.26 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $66,311.13 $15,018.05 $649.42 $1,250.00 $1,937.00 $846.32 $233.50 $545.00 $0.00 $20.00 ($0.00) $4,891.72 TOTAL $91,702.14 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 16, 2009 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: ? IN I Phelan Hallinan & Schmieg, LLP By: P"h ? L ence T. PhelanqEs Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? aniel G. Schmieg, Esq., Id. No. 62205 L Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 INDYMAC BANK, F.S.B. Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County TWILLA GRAHAM Defendant No. 08-212-CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE TWILLA GRAHAM 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 126 WEST PENN STREET, CARLISLE, PA 17013. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa. Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo 827 A.2d 489 (Pa.Super. 2003). Moran Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pitts bur v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for 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 an d Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: kT- 4Aa;enc?e Phelan, Esq., Id. No. 32227 7 ? Francis S. Hallinan, Esq., Id. No. 62695 ?? aniel G. Schmieg, Esq., Id. No. 62205 LrJ Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 168944 INDYMAC BANK, F.S.B. 460 SIERRA MADRE VILLA AVENUE, SUITE 101 PASADENA, CA 91107 Plaintiff V. TWILLA GRAHAM 126 WEST PENN STREET CARLISLE, PA 17013 Defendant 0 C I r- r-a C= Z o -n C- om ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - 011a Civil Tern CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ATTORNEY FILE. COPY PLEASE RETURN File #: 168944 Ile hereby bartity t`,d within; to be a true and correct copy Of the riginai filed of recorc 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 H: 168944 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: 169944 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 M: 168944 Plaintiff is INDYMAC BANK, F.S.B. 460 SIERRA MADRE VILLA AVENUE, SUITE 101 PASADENA, CA 91107 2. The name(s) and last known address(es) of the Defendant(s) are: TWILLA GRAHAM 126 WEST PENN STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/29/2007 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS A NOMINEE FOR INDYMAC BANK, FEDERAL SAVINGS BANK, A FEDERALLY CHARTERED SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1987, Page: 3253. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 168944 6 The following amounts are due on the mortgage: Principal Balance $66,311.13 Interest $3,524.98 07/01/2007 through 01/10/2008 (Per Diem $18.17) Attorney's Fees $1,250.00 Cumulative Late Charges $174.84 03/29/2007 to 01/10/2008 Cost of Suit and Title Search 550.00 Subtotal $71,810.95 Escrow Credit $0.00 Deficit $0 71 Subtotal . 0.71 TOTAL $71,811.66 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. Plaintiff is not seeking a judgment of personal liability (or an in rsonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File U: 168944 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $71,811.66, together with interest from 01/10/2008 at the rate of $18.17 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' FRANCIS S. INAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JAM, ESQUIRE JUDITH T. ROMANO, ESQUIRE JEMNE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 168944 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BOUNDED on the North by West Penn Street; on the East by property now or formerly of Joseph White; on the South by a private alley; and on the West by property now or formerly of Fleta Jordon, Sr. CONTAINING in front on said West Penn Street sixteen (16) feet six (6) inches, more or less, and extending in depth one hundred ten (110) feet, more or less, to said private alley, and being numbered 126 West Penn Street, Carlisle, Pennsylvania. BEING THE SAME premises which Timothy F. Straub and Marisa A. Straub, husband and wife, by Deed bearing dated the 29th day of March, 2007, and about to be herewith recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Twilla Graham. PARCEL #05-20-1798-141 126 WEST PENN STREET, CARLISLE, PA 17013 File #: 168944 VERIFICATION I hereby state that I am the 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 I am 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 my 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. x,9 ?3c Attorney for ntiff ? DATE: /O d Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG ?G Identification No. 62205?t. Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 INDYMAC BANK, F.S.B. , 460 SIERRA MADRE VILLA AVENUE, SUITE 101 CUMBERLAND COUNTY PASADENA, CA 91107 COURT OF COMMON PLEAS Plaintiff, E-J CIVIL DIVISION ? -a o m V. cr? M rr: NO. 08-212-CIVIL T 3 x• TWILLA GRAHAM ~ 126 WEST PENN STREET =` CARLISLE, PA 17013 % ? - .? rn Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAIL ANSWER AND ASSESSMENT OF DAM TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against TWILLA GRAHAM 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 01/11/08 to 3/10/08 TOTAL $71,811.66 $1,090.20 $72,901.86 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, E" Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO BOTH 168944 Exhibit "C" O ?o a? a W o x ? a U w a0 a ? A b ? zoo a S ? ? °o .N `a 91 o ? ? 7 U L 6 l 3000 &Z WOH-4 G3IIVW £ 0 6002 91ioo 9SZLLZb000 ?-ZO WL ZO s Z '.L L2 G A3µtld ' s3A 0 G O U o 0 ?®r.?„? ? ® yy y V? ? E T c U ti ?/Cl WD 0 G w y a ' ? U W ?4 w O 0 7 , t O ? F" eq ? r ? V HI C ? N E C o G a o U W V uU A OOq y N d>.0 ? y0 Lgq',iQ M a > oo°v o z GO GO W E N O G O? t°sE C d' w X i b A E. a 44 H w m w x o w x W o r+.„ F z F 0 z a b z a a C? E ° o P-4 ? N y L ~ O y V a d' w w w o a a W g 4 0 fs, E Z H C7 v F a 00 00 U "'i rl v con rA W) a a °m .-• N M v ke) ?c n 00 0, M .?-? .? V F a PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 16, 2009 TWILLA GRAHAM 126 WEST PENN STREET CARLISLE, PA 17013 RE: INDYMAC BANK, F.S.B. v. TWILLA GRAHAM Premises Address: 126 WEST PENN STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 08-212-CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by October 21, 2009. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. truly yours, Vwrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am 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 my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: p?- By. awrence . AhelanV Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ?Michele niel G. Schmieg, Esq., Id. No. 62205 M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 INDYMAC BANK, F.S.B. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. TWILLA GRAHAM Defendant CUMBERLAND County No. 08-212-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. TWILLA GRAHAM GEOFFREY M. BIRINGER 126 WEST PENN STREET 401 E. LOUTHER STREET CARLISLE, PA 17013 MIDPENN LEGAL SERVICES CARLISLE, PA 17013 Phelan Hallinan & Schmieg, LLP DATE: ! By: W XA h ? La ce T. Ph 1 , Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? aniel G. Schmieg, Esq., Id. No. 62205 [!f Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF e-COF THE PRO}T# IP OTARY 2009 OCT 23 !M I I : 51 CLWPR r ND C41,M INSYt?I INDYMAC BANK, F.S.B., PLAINTIFF V. TWILLA GRAHAM, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-212 CIVIL ORDER OF COURT AND NOW, this 26th day of October, 2009, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before November 16, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ? Michele Bradford, Esquire Attorney for Plaintiff ?illa Graham 126 West Penn Street Carlisle, PA 17013 Geoffrey M. Biringer, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 bas L?sirS /'1'Lo`ZIISeGk?? * M. L. Ebert, Jr., '*1 V J. RLED--OFlCE OF TNE. PROTHONOTARY 2009 OCT 27 PM 1: 23 PENF%9YLVA.NW INDYMAC BANK, F.S.B. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION VS. NO. 08-212-CIVIL TERM TWILLA GRAHAM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE The undersigned attorney hereby verify as follows: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". DATE: I do- Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 She 1 R. Shah-Jani, Esq., Id. No. 81760 J ine R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff I d 1 ? 4)I ? a3v?w 80?6? 300,J dIZ 0°Ola tzbooo soo ,v,?£? ? wti zo ® /C ? ayt? r` O V u o c? u °?' ? '? .? ?,; 31 x d tt) ?, a ? oQO ?s s; d a W W UJM f pe, z°?OQ?OHW P?+r PcHl??d ?jt?xa _e ; W ? Cl U) cn N c Z 07 N H y ?? N Cj col P? raj N ?T ?' d? O O G°OU,??aOH?'?Cv'E..,?p,, OWi Za;Q Wp ai y?NW O 0?., Oo J c a. 'o VO w w p? $ o `?''a W °? U tr co ,? v, o 00 ?L W O c? _ ? ? 4 H *-' ? ? W a? ??•, ? A H U H Nd N d3 O cz?Qp 7 U o- p p. I AR d V- ogl 00 cD LO d G ch I m N N U Ny N yN?O'3 9 G W C •?? O N E ? n'm A? A C (T6 Q 01 d = w C ? ?Y H c F?'rn Qi d a1 d ,,. 'C6 ? 'O O 3 G O N N 0 7 O ? N L d 0 t0 ? ? ? to G 07 U ? yyy ? p 'N 6' O 9 9 O't6 C N ? ? ? cb G O w y?L E O ?G 9,0= C:0 Qc'u OOr NNt _ GO ?; t0 ' ?= A c0 r N 4? 5 fff777JJJ O g to d 0 0 y 'O NO?C d O z d a m ! aw u ?? 4 ao M ° n°. m a U, Z ~ Y d ? N ch ? `? O r r v d N om n r 7 ? lNy? I O N ;; TF;r 2009 NOV i 0 i'i'i i?. 14 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 INDYMAC BANK, F.S.B. Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County TWILLA GRAHAM Defendant No. 08-212-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE INDYMAC BANK, F.S.B., by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. The Rule to Show Cause was timely served upon all parties in accordance with the applicable rules of civil procedure. 2. That it is the Plaintiff in this action. 3. A Motion to Reassess Damages was filed with the Court on October 23, 2009. 4. A Rule was entered by the Court on or about October 27, 2009 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 5. The Rule to Show Cause was timely served upon all parties in accordance with the applicable rules of civil procedure. 6. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 16, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: ?? I (? [o. Phelan Hallinan & Schmieg, LLP By: awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 urtenay R. Dunn, Esq., Id. No. 206779 "Tj Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 INDYMAC BANK, F.S.B. Plaintiff v. Court of Common Pleas Civil Division CUMBERLAND County TWILLA GRAHAM Defendant No. 08-212-CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Petition to Reassess Damages was filed with the Court on October 23, 2009. A Rule was entered by the Court on or about October 27, 2009 directing the Defendant to show cause why the Petition to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 16, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: I k I 1??q By: ` n Lawrence T. Phelan, Esq., Id. No). 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 on Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Exhibit "A" INDYMAC BANK, F.S.B., PLAINTIFF V. TWILLA GRAHAM, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-212 CIVIL ORDER OF COURT AND NOW, this 26m day of October, 2009, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before November 16, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. Michele Bradford, Esquire Attorney for Plaintiff Twilla Graham 126 West Penn Street Carlisle, PA 17013 Geoffrey M. Biringer, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 bas t Oita set g4 04 } VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: By: ? awrence T. Phelan, Esq.-,Id-.-1'4o. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 INDYMAC BANK, F.S.B. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. TWILLA GRAHAM CUMBERLAND County No. 08-212-CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. TWILLA GRAHAM GEOFFREY M. BIRINGER 126 WEST PENN STREET 401 E. LOUTHER STREET CARLISLE, PA 17013 MIDPENN LEGAL SERVICES CARLISLE, PA 17013 Phelan Hallinan & Schmieg, LLP DATE: LO By: C awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 La?Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF FILE E- 2G09 NOV 23 AN 10:23 1. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC BANK, F.S.B. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County TWILLA GRAHAM Defendant No. 08-212-CIVIL TERM ORDER AND NOW, this ',h"N day of Nt 1. , 2009, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $66,311.13 Interest Through December 9, 2009 $15,018.05 Per Diem $12.26 Late Charges $649.42 Legal fees $1,250.00 Cost of Suit and Title $1,937.00 Sheriffs Sale Costs $846.32 Property Inspections/ Property Preservation $233.50 Appraisal/Brokers Price Opinion $545.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $20.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $4,891.72 TOTAL $91,702.14 Plus interest from December 9, 2009 through the date of sale at six percent per annum. Note: The above figure is riot a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 168944 L Y-: {TARY 2009 NOY 25 Ai i • of titV0.'' a? _ ?f(1 (11? 'zd Ly"A SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff vY'it, !` Lli 4 ii:i +. i3 Jody S Smith Chief Deputy Edward L Schorpp Solicitor Indymac Bank FSB vs. Twila Graham Lit J 1 J V r? Case Number 2008-212 SHERIFF'S RETURN OF SERVICE 10/02/2009 02:50 PM - Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on 10/2/09 at 1448 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 Twila Graham, located at, 126 West Penn Street, Carlisle, Cumberland County, Pennsylvania according to law. 10/15/2009 Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 10/7/09 at 2007 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Twila Graham, by making known unto, Twila Graham personally, at, 343 4th Avenue, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 12/09/2009 Real Estate Property sold back to Mortgage Company for 1.00 on 12/9/09 01/12/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 9, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Deutsche Bank National Trust Company as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2007-B, Home Equity Mortgage Loan Asset-Backed Certificates, Series ]NABS 2007-B Under the Pooling and Servicing Agreement Dated June 1, 2007, 888 East Walnut Street, Pasadena CA 91107, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 737.97 SHERIFF COST: $737.97 SO ANSWERS, January 12, 2010 COXY R ANDERSON, SHERIFF $,? 6 ?? w INDYMAC BANK, F.S.B. Plaintiff, V. TWILLA GRAHAM Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-212-CIVIL-TERM AFFIDAVIT PURSUANT TO RULE 3129.1 INDYMAC BANK, F.S.B., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 126 WEST PENN STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) TWILLA GRAHAM 126 WEST PENN STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: TWILLA GRAHAM 126 WEST PENN STREET CARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) TIMOTHY F. STRAUB 2602 MARKET STREET CAMP HILL, PA 17011 5. Name and address of every other person who has any record lien on the property: Name 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 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 Tenant/Occupant Address (if address cannot be reasonably ascertained, please indicate) 126 WEST PENN STREET CARLISLE, PA 17013 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program TWILLA GRAHAM C/O: GEOFFREY M. WRINGER, ESQUIRE 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6"' 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 401 E. LOUTHER STREET CARLISLE, PA 17013 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 state herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification auth rities. August 24, 2009 DATE ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ?aniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 t INDYMAC BANK, F.S.B. Plaintiff, V. TWILLA GRAHAM CUMBERLAND COUNTY No. 08-212-CIVIL-TERM Defendant(s). August 24, 2009 TO: TWILLA GRAHAM 126 WEST PENN 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 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 126 WEST PENN STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $72,901.86 obtained by INDYMAC BANK, F.S.B. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 r? SHORT DESCRIPTION By virtue of a Writ of Execution No. 08-212-CIVIL-TERM INDYMAC BANK, F.S.B. vs. TWILLA GRAHAM Owner(s) of property situate in the , Cumberland County, Pennsylvania, being (Municipality) 126 WEST PENN STREET, CARLISLE PA 17013 Parcel No. 05-20-1798-141 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $72,901.86 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BOUNDED on the North by West Penn Street; on the East by property now or formerly of Joseph White; on the South by a private alley; and on the West by property now or formerly of Fleta Jordon, Sr. CONTAINING in front on said West Penn Street sixteen (16) feet six (6) inches, more or less, and extending in depth one hundred ten (110) feet, more or less, to said private alley, and being numbered 126 West Penn Street, Carlisle, Pennsylvania. CONTAINING in front on said West Penn Street 16 feet 6 inches, more or less, and extending in depth 110 feet, more or less, to said private alley; and being numbered 126 West Penn Street, Carlisle, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Twilla Graham, a single woman, by Deed from Timothy F. Straub and Marisa A. Straub, h/w, dated 03/07/2007, recorded 04/04/2007, in Deed Book 279, page 2242. PREMISES BEING: 126 WEST PENN STREET, CARLISLE, PA 17013 PARCEL NO. 05-20-1798-141 The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ZNow you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she 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: 10/23/09 Writ No. 2008-212 Civil Term 10/30/09 Indymac Bank, F.S.B. vs 11/06/09 TWIlla Graham Atty: Daniel Schmleg -- jj By virtue of a Writ of Execution No. 08-212- • . • • ... • .. -! 14 y? •?•7 ........ CIVIL-TERM" INDYMAC BANK, F.S.B. vs. TWB.LAGRAHAM Sworn to and subscribed before me t is 16 d 90ovember, 2009 A.D. Owner(s) of property situate in the Borough of Carlisle, Cumberland County, Pennsylvania, being 126 WEST PENN STREET, CARLISLE, PA 17013 Notary Public LL Parcel No. 05-20-1798-141 (Acreage or street address) Improvements thereon: RESIDENTIAL COMMONWEF;UTH OF PENNSYLVANIA DWELLING _ 4, miial Sn,3! e herriR I_. K?sner, Notary Public City Ot HardsLurg, Dauphin County My Cornnibsiorj E..oit Nov. 26, 2011 Member. Pennsyly°sria Assoniat!on of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 23, October 30 and November 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2008-212 Civil Indymac Bank, F.S.B. vs. Twilla Graham Atty: Daniel Schmieg By virtue of a Writ of Execution No. 08-212-CIVIL-TERM, INDYMAC BANK, F.S.B. vs. TWILLA GRAHAM, owner of property situate in the Borough of Carlisle, Cumberland County, Pennsylvania, being 126 WEST PENN STREET, CARLISLE, PA 17013. Parcel No. 05-20-1798-141. Improvements thereon: RESIDEN- TIAL DWELLING. sa Marie Coyne ditor 0A SWORN TO AND SUBSCRIBED before me this 6 day of November, 2009 Notary S? ..?. NOTARIAL SEAL DEBORAH A COLLINS Notary Public FCARLISLE BORO, CUMBERLAND COUNTY ommission Expires Apr 28, 2010 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-212 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDYMAC BANK, F.S.B., Plaintiff (s) From TWILLA GRAHAM (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 $72,901.86 L.L. Interest FROM 3/11/08 TO 12/9/09 (PER DIEM - $11.98) - $7,655.22 Atty's Comm % Due Prothy $2.00 Atty Paid $1,019.62 Other Costs Plaintiff Paid Date: AUGUST 25, 2009 Cu s R. Long, Pr t nota (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # On September 14, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, PA Known and numbered as 126 West Penn Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 14, 2009 By: Real Estate Coordinator COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Zie lg_er, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which HOME EQUITY MTG LOAN ASSET-BACK TRUST SERIES INABS 2007-B TR is the grantee the same having been sold to said grantee on the 9TH day of DEC A.D., 2009, under and by virtue of a writ Execution issued on the 25TH day of AUG, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 212, at the suit of INDYMAC BANK F S B against TWILLA GRAHAM is duly recorded as Instrument Number 201001606. IN TESTIMONY WHEREOF, I have hereunto set my hand _ s and al of said office thisn day of , A. D. L? ?Q / of Deeds I