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HomeMy WebLinkAbout03-6512FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No, 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATIrORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA, S/l/1 TO HOMESIDE LENDING, INC., F/K/A BANCBOSTON MORTGAGE CORPORATION 8120 NATIONS WAY, BUILDING 100 JACKSONVILLE, FL 32256 Plaintiff GALEN TROLINGER LISA TROLINGER 615 WEST PINE STREET MOUNT HOLLY SPRINGS, PA 17065 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.O - 1 CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint 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 fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (7 l 7) 249-3166 File #: 84632 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 WR/TING 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. LIKE,VISE, 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 WA/T UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORECE A LIEN ON REAL ESTATE. File #: 84632 Plaintiff is WASHINGTON MUTUAL BANK, FA, S~I TO HOMESIDE LENDING, INC., F/K/A BANCBOSTON MORTGAGE CORPORATION 8120 NATIONS WAY, BUILDING 100 JACKSONVILLE, FL 32256 The name(s) and last known address(es) of the Defendant(s) are: GALEN TROLINGER LISA TROLINGER 615 WEST PiNE STREET MOUNT HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 08/04/1993 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MERIDIAN MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1156, Page 90. By Assignment of Mortgage recorded 10/06/94 the mortgage was assigned to PLAINT~F which Assignment is recorded in Assignment of Mortgage Book No. 483, Page 743. 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 09/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 84632 The following amounts are due on the mortgage: Principal Balance h~terest 08/01/2003 through 12/17/2003 (Per Diem $6.11) Attorney's Fees Cumulative Late Charges 08/04/1993 to 12/17/2003 Cost of Suit and Title Search Subtotal $28,981.26 849.29 1,250.00 ~7.26 $ 550.00 $ 31,647.81 Escrow Credit - 138.87 Deficit 0.00 Subtotal $- 138.87 TOTAL $ 31,508.94 The attorney's fees set forth above are in conformity with the mortgage docun~ents and Pennsylvania law, and will be collected in the event of a third party pumhaser at Sheriffs Sale. If the Mortgage is reinstated pr/or to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Not/ce of Homeowner's Emergency Assistance Program pursuant to Act 9 l of 1983, as amended in 1998, and/or Notice of DefauR 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 Pl~/mtiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 31,508.94, together with interest from 12/17/2003 at the rate of$6,11 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. FEDERMAN4ND PHELAN, LL~ . I I FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL1NAN, ESQUIRE Attorneys for Plaintiff File #: 84632 ~henoe ~ l~d ut ~o ~e oonv~d to ~as E. Moos~ and - P~~DR~A_~_~WES~__~INE STREET VERIFICATION ANN THORN hereby states that she is VICE PRESIDENTof WASHINGTON MUTUAL BANK, F.A.. Mortgage servicing agent for Plaintiffin this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: SHERIFF'S RETURN - REGULAR CASE NO: 2003-06512 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS TROLINGER GALEN ET AL SGT. DAVID ZEIGLER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT TROLINGER GALEN DEFENDANT , at 1305:00 - MORT FORE HOURS, on the was served upon the 7th day of January at CARLISLE, PA 17013 GALEN TROLINGER a true and attested CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE by handing to copy of COMPLAINT - MORT FORE together with 2004 and at the same time directing His attention to the contents Additional Comments 615 W PINE ST MT HOLLY SPRINGS IS VACANT. DEFENDANTS ARE IN PROCESS OF MOVING OUT BELONGINGS. thereof. Sheriff's Costs: Docketing 18 Service 4 Affidavit Surcharge 10 32 So Answers: 0 0 · , 00 00 R. Thomas Kline 00 83 01/09/2004 FEDER~ & PHEL~ By: Deputy ~he~i f f Sworn and Subscribed to before me this ~'L~. day of / Prothonotary ' SHERIFF'S RETURN - REGULAR CASE NO: 2003-06515 P COMMONrWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL WHOLESALE MORTGAGE VS VANASDALAN GEORGE W HAROLD WEARY Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE VANASDALAN GEORGE W DEFENDANT at 1508:00 HOURS, at 6594 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to CHRIS HOCKLEY, NEPHEW a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 22nd day of December together with 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this /f ~ day of ~ ~ a 6~3 '~ A.D. rothonotary ' ~ So Answers: R. Thomas Kline 12/23/2003 FEDERMAN & PHELAN FEDERMAN AND PHELAN, LLP By: FRANK FEDERNIAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215] 565~7000 WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC., F/K/A BANCBOSTON MORTGAGE CORPORATION 8120 NATIONS WAY, BUILDING 100 JACKSONVILLE, FL 32256 Plaintiff, V. GALEN TROLINGER LISA TROLINGER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2003-06512~CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against GALEN TROLINGER and LISA TROLINGER, Defendant(s) for failure to file an Answer to Plaintif£s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 12/17/03 to 2/18/04 TOTAL $31,508.94 $391.04 $31,899.98 I hereby certify that (1) the addresses of the Plaintiffand Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS iNDICATED. PRO PROTHY FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (?15) 56~-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA, S/IA TO HOlVlESIDE LENDING, INC., F/KJA BANCBOSTON MORTGAGE CORPORATION Plaintiff GALLEN TROL1NGER LISA TROLINGER Defendants : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 2003-06512 TO: GALLEN TROLINGER 615 WEST PINE STREET MOUNT HOLLY SPRINGS, PA 17065 DATE OF NOTICE: JANUARY 28, 2004 F[LE C 07'~1 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCTIARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, Biff ONLY AS ENFORCEMENT OF LIEN AGAEN!ST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~-~FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL1NAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (21si s6~-7ooo ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA, S/FI TO HOMESIDE LENDING, INC., FAWA BANCBOSTON MORTGAGE CORPORATION Plaintiff Vs, GALLEN TROLINGER LISA TROLINGER Defendants : COURT OF COMMON PLEAS : CIVIL DWISION : CUMBERLAND COUNTY : NO. 2003-06512 TO: LISA TROLINGER 615 WEST PINE STREET MOUNT HOLLY SPRINGS, PA 17065 DATE OF NOTICE: JANUARY 28, 2004 FILE COPY THIS FIRM IS A DEBT COLLECTOR AI'TEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUN~FY BAR ASSOCIATION 2 LlBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FEDE , ESQW. E LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND ?HELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (~as) s6~-7ooo WASHINGTON MUTUAL BANK, FA, S/FI TO HOMESIDE LENDING, INC., F/IC/A BANCBOSTON MORTGAGE CORPORATION Plainfff GALLEN TROL1NGER LISA TROLINGER Defendants TO: GALLEN TROLUNGER 114 4TM STREET ROLING SPRINGS, PA 17007 ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 2003-06512 FILE COPY DATE OF NOTICE: JANIIARV 2g, 2004 TIrIIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. TI{IS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE /NDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A/UDGMENT 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 TFIE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO H/RE 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 CZJMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA, S/FI TO HOMESIDE LENDING, INC., F/K/A BANCBOSTON MORTGAGE CORPORATION Plaintiff GALLEN TROLINGER LISA TROLINGER Defendants : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 2003-06512 TO: LISA TROLINGER 114 4TM STREET ROLING SPRINGS, PA 17007 FILE COPY DATE OF NOTICE: JANUARY 28, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE 1S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FiLE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 24%3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETUR~ ~CASE NO: 2003-065~2 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS TROLINGER GALEN ET AL - REGULAR RONALD HOOVER Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE TROLINGER LISA DEFENDANT at 150i:00 HOURS, at .114 4TH STREET BOILING SPRINGS, PA 17007 LISA TROLINGER a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 2nd day of January , 2004 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 4.14 Affidavit .00 Surcharge 10.00 .00 20.14 Sworn and Subscribed to before me this day of A.D. So Answers: ? R. Thomas Kline 01/09/2004 FEDERMAN & PHELJtN By: / Deputy She~if f Prothonotary REGULAR SHERIFF'S RETURN - CASE NO: 2003-06S12 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CU~BERLAND WASHINGTON MUTUAL BANK VS TROLINGER GALEN ET AL SGT. DAVID ZEIGLER Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 7th day of January , __ says, the within COMPLAINT - MORT FORE TROLINGER GALEN DEFENDANT , at 1305:00 HOURS, on the 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to GALEN TROLINGER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Additional Comments 615 W PINE ST MT HOLLY SPRINGS IS VACANT. DEFENDANTS ARE IN PROCESS OF MOVING OUT BELONGINGS. Sheriff's Costs Docketing 18.00 , .-~,.~.,, .< Service 4 . 83 Affidavit Surcharge 10.00 R. Thomas Kline .00 32.83 01/09/2004 FEDERMkN & PHELAN - Deputy ~h4Yif f Sworn and Subscribed to before me this day of Prothonotary FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, S/FI TO HOMESIDE LENDING, INC., F/K/A BANCBOSTON MORTGAGE CORPORATION 8120 NATIONS WAY, BUILDING 100 Plaintiff, V. GALEN TROLINGER LISA TROLINGER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 2003-06512-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant GALEN TROLINGER is over 18 years of age and resides at ,615 WEST PINE STREET, MOUNT HOLLY SPRINGS, PA 17065. (c) that defendant LISA TROLINGER is over 18 years of age, and resides at, 114 4TH STREET, BOILING SPRINGS, PA 17007. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to m~sworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff LEGAL DESCRIPTION BEOXl~/1-NO AT A POINT ZN TH~ (~TTER OF TOWN~HIP ROAD ~O. 475; M~0-r~ ~0 8E~ ~T 100 F~r ~ ~ ~ OF ~O. BBINO TH~ S~ME P~OP~TY ~ TO ~h~,T,~'~Z T~OLINO~ A~D LISA T~OL~NQ~, HI8 WIFE, T~/~T~ BY THE ENTIRETy, BY D~D FR~9~ 03/28/1908 IN DE~ BOOK 33-0, PAOE 138. PROPERTY ADDRESS: 615 WEST PINE STREET, MOUNT HOLLY SPRINGS, PA 17065 TAX PARCEL: # 40-32-2334-003A FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC., F/K/A BANCBOSTON MORTGAGE CORPORATION Plaintiff, GALEN TROLINGER LISA TROLINGER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 2003-06512-CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WR/T OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WASIClINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC., F/K/A BANCBOSTON MORTGAGE CORPORATION Plaintiff, GALEN TROLINGER LISA TROLINGER No. 2003-06512-CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execntion in the above matter: Amount Due Interest from 2/18/04 to JUNE 9, 2004 (per diem -$5.24) TOTAL $31,899.98 $586.88 and Costs $32,486,86 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburbm~ Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. LEGAL DESCRIPTION THAT C~T~IN TRACT OF I,AND WITH IMPRO~E~TS THFA~EON BOONDED A~D DF~R/B~ P~P~U2a/qT TO A SURV~ BY TH~ A. NEFF, BEING THE S~24E p~OPERTY (~DNVElq~) TO 0~L~ T~OLIN<~{ 2a2{D LISA T~OLING~, HIS WIFE, T}~iANTB BY THE ~IP. ETIF~, BY DkK,~ FRO{~ PROPERTY ADDRESS: 615 WEST PINE STREET, MOUNT HOLLY SPRINGS, PA 17065 TAX PARCEL: # 40-32-2334-003A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OFPENNSYLVANIA) NO 03-6512 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINTONG MUTUAL BANK, FA S/I/I TO HOMESIDE LENDING, INC., F/FdA BANCBOSTON MORTGAGE CORPORATION, Plaintiff (s) From GALEN TROLINGER AND LISA TROLINGER (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 $31,899.98 L.L. $.50 Interest FROM 2/18/04 TO 6/9/04 (PER DIEM - $5.24) - $586.88 AND COSTS Atty's Corem % Due Prothy $1.00 AttyPaid $134.97 Other Costs Plaintiff Paid Date: FEBRUARY 20, 2004 (Seal) CURTIS R. LONG Prothonot.~D~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMES/DE LENDING, INC., F/K/A BANCBOSTON MORTGAGE CORPORATION Plaintiff, GALEN TROLINGER LISA TROLINGER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2003-06512-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANK. FA, SfIfl TO HOMESIDE LENDING, INC., F/K/A BANCBOSTON MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,615 WEST PINE STREET, MOUNT HOLLY SPRINGS, PA 17065. 1. Name and address of 0wner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GALEN TROLINGER 615 V~EST PINE STREET MOUNT HOLLY SPRINGS, PA 17065 LISA TROLINGER 114 4TH STREET BOILING SPRINGS, PA 17007 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: 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) WAYPOINT BANK 2N~ & PINE STREETS HARRISBURG, PA 17101 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 615 WEST PINE STREET MOUNT HOLLY SPRINGS, PA 17065 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 ! 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. February 18, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA, S///I TO HOMES/DE LENDING, INC., F/K/A BANCBOSTON MORTGAGE CORPORATION Plaintiff, GALEN TROLINGER LISA TROLINGER Defendant(s). TO: GALEN TROLINGER 615 WEST PINE STREET MOUNT HOLLY SPRINGS, PA 17065 CUMBERLAND COUNTY No. 2003-06512-CIVIL TERM February 18, 2004 LISA TROLINGER 114 4TH STREET BOILING SPRINGS, PA 17007 **THIS FIPO~I IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE 1N BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GAINST PROPER TY. ** Your house (real estate) at, 615 WEST PINE STREET, MOUNT HOLLY SPRINGS, PA 17065, is scheduled to be sold at the Sheriffs Sale on JUNE 9, 2004 at 10:00 a.m, in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce tbe court judgment of $31,$99.98 obtained by WASHINGTON MUTUAL BANK, FA, S/I//TO HOMESIDE LENDING, INC., F/FdA BANCBOSTON MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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 attomey to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full 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. 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 PROPERTY ADDRESS: 615 WEST PlNE STREET, MOUNT HOLLY SPR1NGS, PA 17065 TAX PARCEL: # 40-32-2334-003A FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTOPdNEY FOR PLAINTIFF Washington Mutual Bank, FA, S/I/I To Homeside Lending, INC., F/K/A Bancboston Mortgage, Corporation : CUMBERLAigD COLrNTY : COURT OF COMMON PLEAS vs. Galen Trolinger Lisa Trolinger : CIVIL DIVISION : NO. 2003-06512-CIVIL TERM PRAECIPE FOR RUL~ TO SHOW CAUS~ TO THE PROTHONOTARY: Kindly enter a Rule upon Galen Trolinger Lisa Trolinger, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. By:FE~.~p' Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank, Homeside Lending, INC., Mortgage, Corporation FA, S/I/I To F/K/A vs. Galen Trolinger Lisa Trolinger ATTORNEY FOR PLAINTIFF Bancboston : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 2003-06512-CIVIL TERM AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on April 21, 2004. Galen Trolinger 615 West Pine Street, Mount Holly Springs, PA 17065 Lisa Trolinger 114 4TM Street, Boiling Springs, PA 17007 DATE: April 21, 2004 By: F~5,~. D~i~l G. Schmieg, Esquire At"corney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, Homeside Lending, INC., Mortgage, Corporation vs. Galen Trolinger Lisa Trolinger FA, S/I/I To F/K/A Bancboston CUMBERLAND COUNTY .COURT OF COMMON PLEAS CIVIL DIVISION NO. 2003-06512-CIVIL TERM PLAINTIFF'S PETITION FOR REASSESSM~NT OF DAMAGE~ Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. Complaint in Mortgage Foreclosure was filed on December 18, 2003. 2. Judgment was entered against Defendant(s) on February 20, 2004 in the amount of 31,899.98. 3. The mortgaged premises are listed for Sheriff's Sale on June 9, 2004. 4. Additional sums have been incurred or expended on Defendant(s). behalf since the Complaint was filed and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount August 1, 2003 through June 9, 2004 Per Diem $6.11 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections/Perservation MIP/PMI NSF Fees Suspense/Misc. Credits Appraisal/BPO Escrow Credit Deficit TOTAL 28,981.26 1,918.07 103.56 1,250.00 1,112.00 0.00 1,503.75 0.00 0.00 (0.00) 0.00 0.00 695.39 $35,564.03 5. Under the terms of the mortgage, which mortgage is recorded in the Office of the Recorder of Deeds in Book (#1156), Page (#90), Plaintiff is entitled to judgment in the amount as set forth in paragraph four herein against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. By:FED~~..~ DaZZl ~. Schmieg, Esquire Att~rney for Plaintiff -2- FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank, Homeside Lending, INC., Mortgage, Corporation FA, sl~Iz To F/K/A VS. Galen Trolinger Lisa Trolinger ATTORNEY FOR PLAINTIFF Bancboston : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 2003-06512-CIVIL TERM BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASS~SS DaMa~m~ I. BACKGROUND OF CASE Plaintiff and Defendant(s) entered into a Premissory Note and Mortgage Agreement, wherein Defendant(s) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub judicia, Defendant(s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant{s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARGUMENT FOR REAS~T OF DAMA~ The Pennsylvania Rules of Civil Procedure issue of Reassessment are silent with respect to the of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa. Super 55, 59, 142 ;~.2d 319, 321 (1958); Chase Home Mortqaqe Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa. Super 1988). In Chase Home Mortqaqe, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, amend the judgment to add failure to comply with the a mortgagee "...could properly move the court to additional sums due by virtue if the mortgage's terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated, in FNMA v. Jeffersoq, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said char~es should be included in Plaintiff's judgment amount. May Term, 1986, NO. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. By: Daniel G. Sc~fmieg, Esqui~_e Attd~ney for Plaintiff ;~'~., ~ ~ u~o~ ca~d~razion of ~ilin~iff. Fe~era~ ]~at~ona! ~cr~aqe t~is .Cou~'~ O~er of NQve~er 7. L~.85 an,~ ~e Answer '. ;~ '~ ~ - ~-~- . ~.- - . 3) J~en~ is ~r~ i.ncc=a.~ed ~o mortgaqe .oayme.~ts ugo~ ~he fj~'~ing of.O~fen~' jud~nt by default ~as-entered Ln ~is action. Because 3..¢.'-°.~ [029 (c) . VERIFICATION undersigned understands penalties of 18 Pa. authorities. Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The that this statement herein is made subject to the C.S. §4904 relating to unsworn falsification to DATE: April 21, 2004 FE PHEW, L.L.P Da~'el G. Schmieg, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmie~, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (_(215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, Homeside Lendin9' INC., M°rtgage, Corporation vs. Galen Trolinger Lisa Trolinger FA, S/I/I To F/K/A Bancboston CUMBERLAND COUNTy COURT OF COMMON PLEAS CIVIL DIVISION NO. 2003-06512-CiViL TERM _RU~E AND NOW, this ~day of ~ 2004, a Rule is entered upon Galen Trolinger Lisa Trolinger, Defendant (s) to show cause why the attached Order for Reassessment of Damages should not be entered. BY THE COURT: / AI~LONOH.LO~ ~H/. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, FA, S/III TO HOMESDE LENDING, INC., F/IOA BANCBOSTON MORTGAGE CORPORATION VS. GALEN TROLINGER LISA TROLINGER ) CIVIL ACTION ) ) CIVIL DIVISION ) NO. 2003-06512-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for WASHINGTON MUTUAL BANI~ FAt S/I/I TO HOMESIDE LENDING~ INC. F/K/A BANCBOSTON MORTGAGE CORPORATION hereby verify that on March 2~ 2004 tree and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: May 4, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 80o 2004 19103 FEDERgL~IgA/gD PHEImAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, Homeside Lending, INC., Mortgage, Corporation FA, S/I/I To F/K/A Bancboston CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Galen Trolinger Lisa Trolinger CIVIL DIVISION NO. 2003-06512-CIVIL TERM CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of May 27tn, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 7, 2004. Galen Trolinger Lisa Trolinger 615 West Pine Street, Mount Holly Springs, PA 17065 FE~;~M~A/~D PHELAlg, L~L.P Daniel G. Schmieg, Es~lire Attorney for Plaintiff Date: May 7, 2004 FEDERMA-N AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, Homeside Lending, INC., Mortgage, Corporation FA, S/I/I To F/K/A Bancboston : CUMBERLAND COLrNTY : COURT OF COMMON PLEAS vs. Galen Trolinger Lisa Trolinger ORDER AND NOW, this /~ day of ~,~ : CIVIL DIVISION : NO. 2003-06512-CIVIL TERM , 2004, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule entered upon Defendant(s) shall be and is hereby made absolute and Plaintiff's Petition is GRANTED and it is further ORDERED that the Prothonotary reassess the damages in this case as follows: Principal Balance Interest Amount August 1, 2003 through June 9, 2004 Per Diem $6.11 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections/Preservation MIP/PMI NSF Fees Suspense/Misc. Credits Appraisal/BPO Escrow Credit Deficit TOTAL 28,981.26 1,918.07 103 56 1,250 00 1,112 00 0 00 1,503 75 0 00 0.00 (0.00) 0.00 0.00 695 .39 $35,564.03 Plus interest per diem from June 9, 2004 through Date of Sale at percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AlfD COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. six (6%) FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-700~ Washington Mutual Bank, FA, Homeside Lending, INC., Mortgage, Corporation S/I/I TO vs. Galen Trolinger Lisa Trolinger ATTORNEY FOR PLAINTIFF F/K/A Bancboston : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 2003-06512-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages was filed with the Court on April 23, 2004 and Rule was entered upon Defendant(s) Galen Trolinger Lisa Trolinger on April 30, 2004 to show cause why the Order for Reassessment should not be entered. A true and correct copy of the Rule is attached hereto as Exhibit A. 3. The Rule to Show Cause was timely served upon all parties in accordance with the applicable Rules of civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of May 27, 2004 . WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. FEDERM~/~D P~AN,~ L.L.P. D~iel GV{ Sc~ieg, Esqu~ / Attorney for Plaintif ~ -~ VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §%904 relating to unsworn falsification to authorities. DATE: June 4, 2004 Oafffel ~'/Schmieg, ES~/ Attorney for Plainti~,// Exhibit A FEDE~D2N-D PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank, FA, S/I/I To Homeside Lending, INC., F/K/A Mortgage, Corporation vs. Galen Trolinger Lisa Trolin~er Bancboston APR 282m~"~~ ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2003-06512-CIVIL TERM AND NOW, this -~D~ day of ~ , 2004, a Rule ~is entered upon Galen Trolinger Lisa Trolin~er, Defendant (s) to show cause why the attached Order for Reassessment of Damages should not be entered. BY THE COURT: 'i TRUE COPY FROM RECORD In 'rein'rim(my whereof, I here unto set my h~.r~ Exhibit B FEDERMAN AND PHELAN, LLP. by: Daniel G. Scbm~ieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7009 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, FA, S/I/I TO Homeside Lending, INC., F/K/A Bancboston Mortgage, Corporation : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Galen Trolinger Lisa Trolinger Retu~n~Ie Date Of May 27Ch, 2004 Reassessment of Damages have been sent to the CIVIL DIVISION hereby certify that a copy of the Rule and a copy of Plaintiff's Petition for individuals indicated below on Galen Trolinger Lisa Trolinger 615 West Pine Street, Mount Holly Springs, PA 17065 Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: May 7, 2004 4:EDEf:IMAN AND PHELAN ATrORNEY RLECOPY COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND .~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wavpoint Bank is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under mad by virtue of a writ Execution issued on the 2oth day of Feb, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 6512, at the suit of Washington Mutual Bank FA sii HOmeside Lending Inc fka Bancboston against Galen Trollinger & Lisa is duly recorded in Sheriff's Deed Book No. 264, Page 3021. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this C~ of C~ , A.D2004 TY~ ~ ' ~-°- / ~ecorder of Deeds Washington Mutual Bank FA, s/i/i to Homeside Lending, Inc. f/l&a Bancboston Mortgage Corp. VS Galen Trolinger and Lisa Trolinger In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-6512 Civil Term Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on March 22, 2004 at 10:13 o'clock AM, 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: Galen Trolinger, by making known unto Galen Trolinger, personally, at 34 S. Middlesex Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 11, 2004 at 4:16 o'clock PM, he served a tree copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Lisa Trolingcr, by making known unto Lisa Trolinger, personally, at 114 4th Street, Boiling Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said tree and correct copy of the stone. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, ~tates that on April 08, 2004 at 3:26 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Galen Trolinger and Lisa Trolinger located at 615 West Pine St., Mt. Holly Springs, 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: Galen Trolinger, by regular mail to his last known address of 34 S. Middlesex Road, Carlisle, PA 17013. This letter was mailed under the date of April 06, 2004 and never returned to the Sheriffs Office. 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: Lisa Trolinger, by regular mail to her last known address of 114 4th Street, Boiling Springs, PA 17007. This letter was mailed under the date of April 06, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 9, 2004 at 10:00 o'clock A.M. He sold the same :['or the sum of $70,000.00 to Attorney Kim DeWitt for Waypoint Bank. It being the highest bid and best price received for the same, Waypoint Bank of 235 North Second St., Harrisburg, PA 17101, being the buyer in this execution, paid to Sheriff R. Thoraas Kline the sum of $71,600.00. Sheriffs Costs: Docketing $30.00 Poundage 1400.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 13.11 Levy 15.00 Surcharge 30.00 Law Journal 256.10 Patriot News 251.74 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 2161.21 Sworn and subscribed to before me So Answers.; This //~dayof ~ /-~ . .-R.~Thomas Kline, Sheriff 2004, A.D. (-.-~.~ {~ )~z,~f-o.~, ~ ' Prothonotary Real Estah~ Deputy WASHINGTON MUTUAL BANK, FA, S/FI TO HOMESIDE LENDING, INC., F/FdA BANCBOSTON MORTGAGE CORPORATION Plaintiff, GALEN TROLINGER LISA TROLINGER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2003-06512-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC, F/K/A BANCBOSTON MORTGAGE CORPORATION, Plaimiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,615 WEST PINE STREET, MOUNT HOLLY SPRINGS, PA 17065. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address catmot be reasonably ascertained, please indicate) GALEN TROLINGER 615 WEST PINE STREET MOUNT HOLLY SPRINGS, PA 17065 LISA TROLINGER 114 4TH STREET BOLLING SPRINGS, PA 17007 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: Nalne 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: Sallie Last Known Address (if address cannot be reasonably ascertained, please indicate) WAYPOINT BANK 2ND & PINE STREETS HARRISBURG, PA 17101 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: San'lc Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 615 WEST PINE STREET MOUNT HOLLY SPRINGS, PA 17065 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree 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. February 18, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA, S/FI TO HOMESIDE LENDING, INC., F/K/A BANCBOSTON MORTGAGE CORPORATION Plaintiff, GALEN TROLINGER LISA TROLINGER Defendant(s). TO: GALEN TROLINGER 615 WEST PINE STREET MOUNT HOLLY SPRINGS, PA 17065 CUMBERLAND COUNTY No. 2003-06512-CIVIL TERM February 18, 2004 LISA TROLINGER 114 4TH STREET BOILING SPRINGS, PA 17007 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT AND ANY INFORMATION OBTAINED }FILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOTREAFFIRMED, THIS IS NOTAND SHOULD NOTBE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 615 WEST PINE STREET, MOUNT HOLLY SPRINGS, PA 17065~ is scheduled to be sold at the Sheriff's Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $31,899,98 obtained by WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC., F/K/A BANCBOSTON MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215~ 563-7000. You may be able to stop the sale by filing a petition asking the Cou~ 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 Sheriffthe full mnount 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) ar,: filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your hmne 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. 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 BEINQ T~E ~24E P~OPE~TY CONVEI~ED TO ~ T~OLINQ~ AND LISA PROPERTY ADDRESS: 615 WEST PINE STREET, MOUNT HOLLY SPRINGS, PA 17065 TAX PARCEL: # 40-32-2334-003A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) · NO 03-6512 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINTONG MUTUAL BANK, FA S/I/I TO HOMESIDE LENDING, INC., F/KJA BANCBOSTON MORTGAGE CORPORATION, Plaintiff (s) From GALEN TROLINGER AND LISA TROLINGER (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 upun 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 eh. joined from paying any debt to or for the account of the defendant (s) and from delivering any property of lhe 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 $31,899.98 L.L. $.50 Interest FROM 2/18/04 TO 6/9/04 (PER DIEM - $5.24) - $586.88 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $134.97 Other Costs Plaintiff Paid Date: FEBRUARY 20, 2004 (Seal) CURTIS R. LONG Prothonotary Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, FA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale #38 On March 02, 2004 the sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 315 West Pine Street, Mt. Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 02, 2004 . ~ Real Estate Deputy SCHEDULE OF DISTRIBUTION SALE NO. 38 Date Filed: July 9, 2004 Writ No. 2003-6512 Civil Term Washington Mutual Bank, FA s/i/i to Homeside Lending, Inc. f/k/a Bancboston VS Galen Trolinger and Lisa Trolinger Sale Date: June 9, 2004 Buyer: Waypoint Bank Bid Price: $70,000.00 Real Debt: $31,899.98 Interest: 586.88 Attorney Costs: 134.97 Total: $32,621.83 DISTRIBUTION: Receipts: Cash on account (03/02/04): Cash on account (06/09/04): Cash on account (06/11/04): $ 1,500.00 7,000.00 64,600.00 Total Receipts: $73,100.00 Disbursements: Sheriffs Costs Legal Search Judy Campbell, Tax Collector Attorney Frank Federman Washington Mutual Bank, FA Waypoint Bank $ 2,161.21 200.00 1,084.10 1,500.00 32,621.83 35,532.86 Total Disbursements: Balance for distribution: ($73,100.00) 0.00 So Answers: R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 38 Held Wednesday, June 9, 2004 Date: June 9, 2004 2004. WATER RENT: SEWER RENT MECHANICS' AND Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. Possible unfiled Mechanics Liens and Municipal Claims~ MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2004, and recorded ,2004, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Foster Auckerman, and Patricia G. Aackerman, his wife, by deed dated March 28, 1988 and recorded March 28, 1988 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania. in Deed Book "G," Volume 33, Page 138, granted and conveyed to Galen Trolinger and Lisa Trolinger, his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Township Road T-475, known as West Pine Street. TAXES: Receipts for all taxes for the years 2001 to 2003 inclusive. Taxes for the current year 10. Mortgage in the amount of $42,200.00 given by Galen Trolinger and [,isa Trolinger to Meridian Mortgage Corporation dated August 4, 1993 and recorded August 9, 1993 in Mortgage Book 1156, Page 90. Said Mortgage was assigned to BancBoston Mortgage Corporation by instrument recorded October 6, 1994 in Miscellaneous Record Book 483, Page 743. Complaint in mortgage foreclosure filed by Washington Mutual Bank, F.A., successor in interest to Homeside Lending, Inc., formerly known as BancBoston Mortgage Corporation, as Plaintiff against Galen Trolinger and Lisa Trolinger, as Defendants in the Office of the Prothonotary of Cumberland County to File No. 2003- 6512. Judgment in the amount of $31,899.98 entered February 20, 2004 Order entered June 10, 2004 for reassessment of damages in the amount of $35,564.03. Mortgage in the amount of $49,485.00 given by Galen Trolinger and Lisa Trolinger to Waypoint Bank dated April 22, 2002 and recorded April 26, 2002 in the Mortgage Book 1756, Page 3074. Complaint in mortgage foreclosure filed by Waypoint Bank, formerly known as York Federal Savings and Loan Association and Harris Savings Bank, as Plaintiffs against Galen Trolinger, also known as Galen G. Trolinger, and Lisa Trolinger, also known as Lisa K. Trolinger, as Defendants, in the Office of the Prothonotary of Cumberland County to File No. 2004-704. Judgment in the amount of $58,731.96 entered February 23, 2004. Rights granted to Metropolitan Edison Company by instrument recorded October 9, 1971 in Miscellaneous Record Book 196, Page 845. Rights granted to Metropolitan Edison Company by instrument recorded in Miscellaneous Record Book 79, Page 556. Rights granted to Metropolitan Edison Company by instrument recorded in Miscellaneous Record Book 87, Page 586. Satisfactory evidence to be produced that proper notice was given to holders of all liens and encumbrances intended to be divested by subject Sheriff sale. 11. Real estate taxes accruing on and after July 1,2004 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent ~ Note: This Title Report shall not be valid or binding ] until countersigned by an authorized signatorv~___~ REAL ESTATE SALE NO. 38 Writ No. 2003-6512 Civil Washington Mutual Bank, F,A. s/i/l to Homeside Lending, Inc. f/k/a Bancbosinn Mortgage Corp. VS. Galen Trolinger and Lisa Trolinger Atty.: Frank Federman LEGAL DESCRIPTION SCHEDULE "A~ ALL THAT CERTAIN tract of lanci with improvements thereon situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Thomas A. Neff, Regis-. tered Surveyor, dated January 13, 1976, as follows: BEGINNING at a point in the cen. ter of Township Road No. 475; thence by land about to be conveyed to Thomas E. Moose and Shirley A Moose, his w/re, South 19 degree.'; 27 minutes 30 seconds West 241.5i; feet to a stake; thence by land now or formerly of Miles L. Crusey, Nor6- 48 degrees 8 minutes 20 second!; West 101.34 feet to a stake; thence: by land now or formerly of Nancy Mouers Sloail, North 19 degrees 45, minutes East 241 feet to a point ir; the center of Township Road No 475 aforesaid; thence by the cen- ter of said road, South 48 degreel, 8 minutes 50 seconds East 100 feet: to the place of beginning. Contain- ing .516 acres, more or less. BEING the same property con- veyed to Galen Trolinger and Lisa Trolinger, his wife, tenants by the entireties, by deed from Foster Aukerman and Patricia G. Aucker- man, his wife, recorded 03/28/ 1988 in Deed Book 33-G. Page 138 PROPERTY ADDRESS: 615 West Pine Street, Mount Holly Springs, PA 17065. TAX PARCEL: #40-32-2334-003A. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 27th day(s) of April and the 4th and 11th day(s) of May 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors ~f, th~ said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County (~f D/~phin in ~cellaneous Book "M", Volume 14, Page 317. / [4//~,~/~/~ ~'-'""'"~ COPY Sworn to and subscribe(~befnrL~. J. _ ).~'~is 28th dav/~f Mav/2/'O0/4 A.D. ~ My Commis-~on ~xp~rss '"'~-' ! NOTARY PUBLIC Memb , My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr, For publishing the notice or publication attached hereto on the above stated dates Total $ 251.74 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies lhat the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS, Lisa Marie Coyne, Esquire, Editor of the Cumberland Law 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: APRIL 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL E~TATE SALE NO. 38 Writ No. 2003-6512 Civil Washington Mutual Bank. F.A. s/i/i to Homeside Lending. Inc. f/k/a Bancboston Mortgage Corp. VS, Galen Trollnger and Lisa Trolinger Atty.: Frank Federman LEGAL DESCRIPTION SCHEDULE ALL THAT CERTAIN tract of land with improvements thereon situate in South Mlddleton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Thomas .~ Neff, Regis- tered Surveyor, dated January 13, 1976, as follows: BEGINNING at a point in the cen- ter of Township Road No. 475; thence by land about to be conveyed to Thio_mas E. Moose and ShirleX A. arie Co Editor SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 LOIS £. SNYD£~, Notary Publio Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 ALL THAT CERTAIN tract o~-]and with improvements thereon situate irt South Mfddleton Township, Cumberland County, pennsylvania, bounded and described pursuant to a survey by Thomas A. Neff, Regis- tered Surveyor, dated January 13, 1976, as follow: BEGINNING at a point in fl~e cen- ter of Township Road No. 475: thence by land about to be conveyed to Thomas E. Moose and Shirley A. Moose, his wife, South 19 degrees 27 minutes 30 seconds West 241.52 feet to a stake: thence by land now or formerly of Miles L. Crusey. North 48 degrees 8 minutes 20 seconds West 101.34 feet to a stake; thence by land now or formerly of Nancy Mouers Slosh, North 19 degrees 45 minutes East 241 feet to a point in the center of Township Road No. 475 aforesaid; thence by the cen- ter of said road, 8outh 48 degrees 8 minutes 50 seconds East 100 feet to the place of beginning. Contain- ing .516 acres, more or less. BEING the same property con- veyed to Galen Trolinger and Lisa Trollnger, his wife, tenants by the entireties, by deed from Foster Aukerman and Patrlcla G. Aucker- man, his wife, recorded 03/28/ 1988 in Deed Book 33-G, Page 138. PROPERTY ADDRESS: 615 West Pine Street, Mount Holly Springs, PA 17065, TAX PARCEL: #40-32-2334-003.~ LOIS E. 8NYDE~I, N0~ary Public Carlisle Boro, Cumberland County My Commission Expires March ,5, 2005