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HomeMy WebLinkAbout08-0660PHELAN 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 170588 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. b8 - (p(DQ C iV i i `Term V. CUMBERLAND COUNTY DAMON R. GARON 103 EAST MAIN STREET SHIREMANSTOWN, PA 17011 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 170588 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 # 170588 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 #: 170588 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 #: 170588 Plaintiff is DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: DAMON R. GARON 103 EAST MAIN STREET SHIREMANSTOWN, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/08/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR HOMECOMINGS FINANCIAL, LLC, F/K/A HOMECOMINGS FINANCIAL NETWORK, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1973, Page: 859. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 170588 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6 The following amounts are due on the mortgage: Principal Balance $91,305.84 Interest $2,898.64 09/01/2007 through 01/30/2008 (Per Diem $19.07) Attorney's Fees $1,250.00 Cumulative Late Charges $97.59 11/08/2006 to 01/30/2008 Cost of Suit and Title Search $550.00 Subtotal $96,102.07 Escrow Credit ($65.54) Deficit $0.00 Subtotal 65.54 TOTAL $96,036.53 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 170588 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 170588 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 $96,036.53, together with interest from 01/30/2008 at the rate of $19.07 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. HALLINANJSZI DANIEL G. SCHMIEG, EMICHELE M. BRADFORD, ESQUIRE 1,D. it if 17 SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 170588 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate on the north side of Main Street in the Borough of Shiremanstown, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the north side of Main Street at the southwest corner of frame dwelling house late of James Quigley, deceased, now of Mildred A. Sheaffer and about to be conveyed to the Grantee; thence westwardly twenty-eight and one-half (28 1/2) feet, more or less, to lot formerly of Robert M. Megary, and formerly of Mildred A. Sheaffer; thence along said lot northwardly two hundred twenty (220) feet, more or less, from the curb line of Main Street to Stroh's, now Strawberry Alley; thence eastwardly along said alley twenty-five and one- half (25 1/2) feet, more or less, to line of lot now of Mildred A. Sheaffer about to be conveyed to the Grantee; thence along straight line southwardly to the north end of brick house; thence eastwardly along wall of brick house four and one-half (4 1/2) feet, more or less, to northeastern corner thereof; thence southwardly along the east wall of said brick house to Main Street, the place of BEGINNING. PARCEL NO. 37-23-0555-128 PROPERTY BEING: 103 EAST MAIN STREET File #: 170588 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. Attorney for Plaintiff I , D. 41119?f1 DATE-/ ?? h ?a 00 .Z .? , 10 O SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00660 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS GARON DAMON R R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GARON DAMON R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT 103 EAST MAIN STREET SHIREMANSTOWN, PA 17011 GARON DAMON R PER RESIDENT, DEFENDANT IS THE LANDLORD AND LIVES IN HARRISBURG. Sheriff's Costs: Docketing 18.00 Service 12.48 Not Found 5.00 Surcharge 10.00 aJaS'oP C)I,, . 00 45.48 So answer •--'-?- R R. 'T`ho "s Kline Sheriff of ruzerland County PHELAN HALLINAN SCHMIEG 02/20/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00660 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS GARON DAMON R R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: GARON DAMON R but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On February 20th , 2008 , this office was in receipt of t attached return from DAUPHIN Sheriff's Costs: So answer-.--'' Docketing 6.00 ===""? Out of County 9.00 Surcharge 10.00 R. Thomas K ine Postage 1.31 Sheriff of Cumberland County Dep Dauphin County 35.25 61.56 ? z?aY/ L 02/20/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Deutsche Bank Trust Company Americas vs. Damon R. Garon No. 08-660 civil Now, February 5, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within 20 , at o'clock M. served the upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE - MILEAGE _ AFFIDAVIT County, PA {Ptfit.t of #E?? Itpriff Mar Jane Snyyder Estate Depu Charles E. Sheaffer Chief Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Michael W. Rinehart Assistant Chief Deputy Jack Lotwick sheriff Commonwealth of Pennsylvania County of Dauphin DEUTSCHE BANK TRUST ET AL VS DAMON R GARON Sheriffs Return No. 2008-T-0284 OTHER COUNTY NO. 08-660 And now: FEBRUARY 14, 2008 at 9:52:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon DAMON R GARON by personally handing to MICHELLE GARON I true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 430 TRUDY ROAD HARRISBURG PA 17109 WIFE Sworn and subscribed to So Answers, before me this 15TH day of February, 2008 A!? NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County [my Commission Expires t 1 2010 Sheriff of =CSt, Pa., By Deputy Sheriff Deputy: T STRUBHAR Sheriffs Costs: $35.25 2/11/2008 -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 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 CIVIL DIVISION V. Plaintiff, DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 08-660 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 DAMON R. GARON and 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 $96,036.53 Interest from 01/31/2008 to 03/20/2008 $953.50 TOTAL $96,990.03 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PR6PROT1JY--f-"/ 170588 ? PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS, : COURT OF COMMON PLEAS AS TRUSTEE Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY DAMON R. GARON :NO. 08-660 CIVIL TERM Defendants 40,0 47 TO: DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 DATE OF NOTICE: MARCH 6, 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 REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 LINDA NGUYEN, Legal 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 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 Plaintiff, V. DAMON R. GARON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-660 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 DAMON R. GARON is over 18 years of age and resides at, 430 TRUDY ROAD, HARRISBURG, PA 17109. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1 ANIEL G. SCHMIEG, ESQUI57 Attorney for Plaintiff ?? V 1 ?` ??7 ? ? ? 4 Nl (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 Plaintiff, V. DAMON R. GARON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-660 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on MOU& a4 200 R. By: _ 4 V TTV If you have any questions concerning this matter, please contact: LESQJU- Attorney ANIEL G. SCHMIEG, for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (215) 563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff VS. Damon R. Garon Defendant(s) ATTORNEY FOR PLAINTIFF Cumberland County Court of Common Pleas CIVIL DIVISION NO. 08-660 CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. F ancis S. Hallinan, Esquire Attorney for Plaintiff Dated: 4/4/08 VERIFICATION c r Tba 41 hereby states that he/she is L? of DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to auth?ies. DATE: v Loan:7471530733 Name:/ G% • "eed ffre Siy Stephal? Limit Ti '? I 8?8 Officer Company: DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE File #: 170588 PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (215) 563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff VS. Damon R. Garon Defendant(s) ATTORNEY FOR PLAINTIFF Cumberland County Court of Common Pleas CIVIL DIVISION NO. 08-660 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's'Praecipe to Substitute Verification was sent via first class mail to the following on the date indicated below: Damon R. Garon 103 East Main Street Shiremanstown, PA 17011 Francis S. Hallinan, squire Attorney for Plaintiff Dated: 4/4/08 r? :a c . -c k r _ 3 . i; ? t g PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff, V. DAMON R. GARON Defendant(s). No. 08-660 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/21/08-9/3/08 (per diem -$15.94) Add'I Costs TOTAL $96,990.03 $2,661.98 and Costs $2,148.75 $101,800.76 w DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 170588 d w> z a ? Oz ? O z x? 0o V ? Oa V? U J ?1 W y o g O d C7 z A O U W ? v H ? o w o? a? V a w b 01 0 t- .--1 d a x ?ti A as O a p4 >4 4o . A 0 o Q' M 1-4 b ti a? cli 3 00 00 tn 0 r- h o o 7 v o (n to -? o F3 0 0 6' 000 ar ?'?11 a (i) LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate on the north side of Nlalln Sbv&t in the Borough of Shlnmanstown, County of Cumberland and 8tats of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the north side of Main Street at the southwest comer of fume dwoUing house late of Janes Quigley, decow*d, now of NNdrod A. Shaeflbr and about to be conveyed to the Grantee; thence w eetwwrdly twenty-eight and oee-half (21PA) feet, more or less, to lot formerly of Robert M. Magary, and fonnerty of l Mdmd A. Sheaf r, U* m* along said lot no thwardly two hundred twenty (220) feet, enure or W", from the curb line of Main Street to Stroh's, now Strawberry Akey; thence eastweardiY along said alley twenty- five and one-half (25%) feet, more or Iesa, to unr of lot now or Modred A. Sheaflor about to be conveyed to the Grantee; thence along straight line southwar+dy to the north end of brick house; thence eastwaf ft along wap of brick house four and one-ha f (4%) het, more or less, to northeastern corner thereof; thence soothwardly Along the east wall of said brick house to Main Street, the place of BEGINNING. HAVING themon erected a two story brick house known as 103 East Main Street. TITLE TO SAID PREMISES IS VESTED IN Damon R. Garon, married man, by Deed from Samuel H. Black, (joined by his wife, Joanne M. Black and Kierna A. Black, Individually a single person (widow) and as Executrix of the Estate and last will and testament of Samuel A. Black a/k/a S. Andrew Black, Deceased, dated 11/07/2006, recorded 11/16/2006, in Deed Book 277, page 3009. PREMISES BEING: 103 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 PARCEL NO. 37-23-0555-128 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff, V. DAMON R. GARON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-660 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE, 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 ,103 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 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) None 5. Name and address of every other person who has any record lien on the property: r 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 103 EAST MAIN STREET SHIREMANSTOWN, PA 17011 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. April 2, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff P-, 7 J^wi _ .. F3 ?4 ' 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 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff, V. DAMON R. GARON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-660 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C -a R n u ..sa DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff, V. DAMON R. GARON Defendant(s). TO: DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 CUMBERLAND COUNTY • No. 08-660 CIVIL TERM April 2, 2008 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING ANYINFOIZMATI OBTAINED WILL BE USED FOR THAT PURPOSE TO COLLECT A DEB T AND . IF YOUHA O COLLECT BCEINEDA DISC A7TEPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT A CONSTRUED ON TO BE AN N ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * DISCHARGE IN Your house (real estate) at 103 EAST MAIN STREET SHIREMANSTOWN scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3 2008 at 10:00 a.m. i n PA 17011 is Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court the judgment of --,99 03 obtained by DEUTSCHE BANK TRUST COMPANY AMERICAS AS mortgagee) against you. In the event the sale is continued a compliance with Pa.R.C.P., Rule 3129.3. an announcement will be made Rat saidE sale in NOTICE OF OWNER'S RIGHTS 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, costs and reasonable attorney's fees due. To find out how much you must 1 a e charges, call: (215) 563_7nn° p y, you may 2. You may be able to stop the sale by filing a petition asking the Court t judgment, if the judgment was improperly entered. You may also ask the strike Court open the postpone the sale for good cause. to 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 m you will have of stopping the sale. (See notice on page two on how to obtain an attorne ore chance 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. find out the price bid by calling 215 563-7000. You may 2. You may be able to petition the Court to set aside the sale if the bid price was r inadequate compared to the value of your property. g ossly 3. The sale will go through only if the buyer pays the Sheriff the full amount due i find out if this has happened, you may call (717) 240-6390. n the sale. To 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the property as if the sale never happened. owner of the 5. You have the right to remain in the property until the full amount due is paid t and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal to the Sheriff you' proceedings to evict 6. You may be entitled to a share of the money which was paid for your house. distribution of the money bid for your house will be filed by the Sheriff within 3 A schedule h schedule will state who will be receiving that money. The money will be aid out this schedule unless exceptions (reasons why the ro osed 0 days of the sale. This Sheriff within ten (10) days after the distribution isfi ed. distribution is wrong) are lledrt the 1 7. You may also have other rights and defenses, or ways of getting your home immediately after the sale. back, if you act YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE YOU OFFICC NOT HAVE F BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. E LISTED IMPORTANT NOTICE: This property is sold at the direction of the Ia in the absence of a re resentative of the laintiff at the Sheriffs Sale. Th plaintiff. It may not be sold postponed or stayed in the event that a representative of the plaintiff is not sale must t 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 cERTAfN lot of ground sNuste on the north side of Of Shtrwrtanstown, County of Gumberfand and 8t*be of P? in 8treeE in the Borough ditcdbed as follows, to wit: ++ayfvanta, bounded and 13E(31NNIM(3 at a point on the north side of Main dwrllirsg house 14" of Jmftwft Street at the southvwet comer of frame Qvig be conveyed to the Grant"; then ivy?dn ? ?? Mildred A. W"-hall, ftesn4wand about to or less, to tot fonnerty of Robert 6t. and on+-hai! (26+x, t alone sold lot nathwOrrl wry' and ?Wy of MMIldrsd A. 3 ) ? n'°r° al Main ld lot tv r t war ?? hundr*d twenty (220) fsok rwo or W", h?bth ec r' lice of Street tK Sbxwbenry Ahoy: then" .ash from lrs curb line e-ha be Aknd and On d to the Grantee; more of ?, to line, of lot now of MWwalong ?Id fiery bout to brick house; t o the Gra y?, th"" along straight IMO south A. t h no aunt to leas, ton ?ly to the n orth.aslDsrn cornlir the wa of home h brick r+t fur and one-half (4%) fi ot, more thence m' brick house to main 3b0K qt Mace of SE4310114KG, a f? the eat wail of said HAVING thrreon erected f two ft W brick house known as 103 East Main Sb#et TITLE TO SAID PREMISES IS VESTED IN Damon R. Garon, married man by Deed (. Bla k from , Samuel (joined by his wife, Joanne M. Black and Kierna A. Black, Individual) Hwidowc ) and a s E xecutrix of the Estate and last will and testament of Samuel A. a single person Andrew Black, Deceased, dated 11/07/2006, recorded 11/16/2006, in Deed Boo a/k/a k 277, page 3009. PREMISES BEING: 103 EAST MAIN STREET, SHIREMANSTOWN PA PARCEL NO. 37-23-0555-128 17011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-660 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: satisf the debt, interest and costs due DEUTSCHE BANK TRUST COMPANY AMERICAS, To y as Trustee, Plaintiff (s) From DAMON R. GARON of the defendant (s)and to sell SEE LEGAL (1) You are directed to levy upon the property DESCRIPTION . possession (2) You are also directed to attach the property of the defendant(s) not levied upon in the of GARNISHEE(S) as follows: amishee(s) that: a an attachment has been issued; (b) the garnishee(s) is enjoined from delivering any property of the defendant and to notify the g paying any debt to or for the account of the defendant (s) and from (s) or otherwise disposing thereof; 3) If property of the defendant(s) not levied upon an subject to atthii?e that he/she has been added as a of anyone other than a named garnishee, you are directed to notify garnishee and is enjoined as above stated. L.L.$ 0.50 Amount Due $96,990.03 Interest from 3/21/08 - 9/03/08 (per diem - $15.94) -- $2,661.98 and Costs Due Prothy $2.00 Atty's Comm % Other costs $2,148.75 Atty Paid $226.04 Plaintiff Paid Date: 4/03/08 Prothonota By: (Seal) Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP 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. 62205 Deutsche Bank Trust Company VS Damon R. Garon In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-660 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing Poundage Levy Law Library Prothonotary Out of County Dauphin County Surcharge 30.00 2.48 15.00 .50 2.00 9.00 47.25 20.00 $126.23 ? ???d? s rs: R. Thomas Kline, Sheriff' BY,- Real Estate S eant Co ').60 • s? ? L y s ? t, io '7'IV DEUTSCHE BANK TRUST COMPANY . AMERI,IEAS, AS TRUSTEE Plaintiff, V. DAMON R. GARON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-660 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE, 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 ,103 EAST MAIN STREET, SHIREMANSTOWN, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 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) None 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 103 EAST MAIN STREET SHIREMANSTOWN, PA 17011 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. 1 April 2, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff r,. DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff, V. CUMBERLAND COUNTY No. 08-660 CIVIL TERM DAMON R. GARON Defendant(s). April 2, 2008 TO: DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION 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 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 103 EAST MAIN STREET, SHIREMANSTOWN, PA 17011, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $96,990.03 obtained by DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ,r r ALL THAT CERTAIN lot of ground situate on the north side of Main 3hVet In the Borough of Shirwrtanstown, County of Cumberland and StA6 of Pennsylvania, bounded and dsscrfbed as follows, to wit: BEGINNING at a point on the north skis of LWn Street at the southwest comer of frame dwelling house late of James QulgLwy, deceased, now of MNdrod A. ShogtW and about to be conveyed to the Grantee; thrones weetwer ft twenty-MgM and one-half (2WA) feet, more or less, to lot tbtmery of Robert K ftery, and formerly of li111ldred A. Sheaft r,, thence along said lot nodhwlydly two hundred twenty (Z't0) filek room or Lest, from the curb line of Main Street to Strolls, now Strawberry Alley; thence eastwordy along sold aNey twenty- We and one-half (25%) feet, more or Imm, to Ilno of lot now of L%Mmd A. Sherrfler about to be conveyed to the Grantee; ttNnae along st *WA Has southwardly to the north end of brick house; thence ***twat* along wall of brkk house hour and one-huff (4%) feet, more or less, to northeaatern corner theraof; Umm souttnwanily along the east wall of said brick house to Main Street, the place of BEGIMMNG. HAVING thereon emKftd a two story brick house known as 103 East Main Street. TITLE TO SAID PREMISES IS VESTED IN Damon R. Garon, married man, by Deed from Samuel H. Black, (joined by his wife, Joanne M. Black and Kierna A. Black, Individually a single person (widow) and as Executrix of the Estate and last will and testament of Samuel A. Black alk/a S. Andrew Black, Deceased, dated 11/07/2006, recorded 11/16/2006, in Deed Book 277, page 3009. PREMISES BEING: 103 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 PARCEL NO.. 37-23-0555-128 4`e!Tl E rti.!'V WRIT OF EXECUTION and/or ATTACHMENT COI&i ONWEALTH OF PENNSYLVANIA) c6UNTY OF CUMBERLAND) NO 08-660 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee, Plaintiff (s) From DAMON R. GARON (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 gamishee(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 $96,990.03 L.L.$ 0.50 Interest from 3/21/08 - 9/03/08 (per diem - $15.94) -- $2,661.98 and Costs Atty's Comm % Atty Paid $226.04 Plaintiff Paid Date: 4/03/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $2,148.75 Prothonotary By: Y4 Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP 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. 62205 Deputy Real Estate Sale # 24 c On May 8, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Shiremanstown Borough, Cumberland County, PA Known and numbered as 103 East Main Street, Shiremanstown, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 8, 2008 By: ,,j Real Estate Sergeant C;R C;M r.:'."2 Vi-A S Z :b V 8- 8d V BDOZ tla 1ti1rv.4',;: 33183HS 330 ??I PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff VS. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County DAMON R. GARON No. 08-660 CIVIL TERM Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on January 31, 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 24, 2008 in the amount of $96,990.03. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriff s Sale of the mortgaged property at 103 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant filed a Chapter 7 Bankruptcy at Docket Number 08-01950 on May 30, 2008. Plaintiff obtained relief from the bankruptcy to proceed with foreclosure by order of court dated June 26, 2008. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". The Property is listed for Sheriffs Sale on September 3, 2008. 6. 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 September 3, 2008 Per Diem $19.07 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 $91,305.84 $7,000.19 $357.83 $2,325.00 $1,850.75 $126.23 $90.00 $110.00 $0.00 $0.00 ($0.00) $2,226.83 TOTAL $105,392.67 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 14, 2008 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. 4 XA 1' chmieg, LLP DATE: By: Bra for Esquire y r Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK TRUST COMPANY Court of Common Pleas AMERICAS, AS TRUSTEE Plaintiff Civil Division vs. CUMBERLAND County DAMON R. GARON No. 08-660 CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE DAMON R. GARON 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 103 EAST MAIN STREET, SHIREMANSTOWN, PA 17011. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. H. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa. Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to 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 and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 71e. S hmieg, LLP By: Mich adf rd, squire e Attorney for Plaintiff ??A?? Eldvp?-!bit 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 170588 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. DAMON R. GARON 103 EAST MAIN STREET SHIREMANSTOWN, PA 17011 Defendant o ra ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. -Te- ,rot CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 97'r?R F ? AT, (?R(1EY HLE COP' PLEASE RETURN File #: 170588 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 N: 170588 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 #: 170588 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 #: 170588 1. Plaintiff is DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: DAMON R. GARON 103 EAST MAIN STREET SHIREMANSTOWN, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/08/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR HOMECOMINGS FINANCIAL, LLC, F/K/A HOMECOMINGS FINANCIAL NETWORK, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1973, Page: 859. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record, 4. The premises subject to said mortgage is described as attached. File #: 170588 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $91,305.84 Interest $2,898.64 09/01/2007 through 01/30/2008 (Per Diem $19.07) Attorney's Fees . $1,250.00 Cumulative Late Charges $97.59 11/08/2006 to 01/30/2008 Cost of Suit and Title Search $550.00 Subtotal $96,102.07 Escrow Credit ($65.54) Deficit $0.00 Subtotal $6( 5.54) TOTAL $96,036.53 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 170588 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 170588 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 $96,036.53, together with interest from 01/30/2008 at the rate of $19.07 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. HALLINAN, ES IRE DANIEL G. SCHMIEG, ESQUfXE MICHELE M. BRADFORD, ESQUIRE D. j if 17 SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 170588 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate on the north side of Main Street in the Borough of Shiremanstown, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the north side of Main Street at the southwest corner of frame dwelling house late of James Quigley, deceased, now of Mildred A. Sheaffer and about to be conveyed to the Grantee; thence westwardly twenty-eight and one-half (28 1/2) feet, more or less, to lot formerly of Robert M. Megary, and formerly of Mildred A. Sheaffer; thence along said lot northwardly two hundred twenty (220) feet, more or less, from the curb line of Main Street to StroWs, now Strawberry Alley; thence eastwardly along said alley twenty-five and one- half (25 1/2) feet, more or less, to line of lot now of Mildred A. Sheaffer about to be conveyed to the Grantee; thence along straight line southwardly to the north end of brick house; thence eastwardly along wall of brick house four and one-half (4 1/2) feet, more or less, to northeastern corner thereof, thence southwardly along the east wall of said brick house to Main Street, the place of BEGINNING. PARCEL NO. 37-23-0555-128 PROPERTY BEING: 103 EAST MAIN STREET File #: 170588 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.RC.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. Attorney for Plaintiff 1. o. &,q ff I DATE: ?? Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff, V. DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 Defendant(s). Y F-it.E Cory gf-vol t PLEA . CUMBERLANCOUNTY COURT OF COMMON PLEAS CIVIL DIVISION c p zz ...? NO. 08-660 CIVIL TEI?>7 4---rj S C 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 DAMON R. GARON and 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 $96,036.53 Interest from 01/31/2008 to 03/20/2008 $953.50 TOTAL $96,990.03 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQUIR& Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 3 PRO ROTHY 170588 Exhibit "C" Case 1:08-bk-01950-RNO Doc 36 Filed 06/26/08 Entered 06/26/08 15:43:03 Desc Main Document Page 1 of 1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: MICHELLE N. GARON F/K/A MICHELLE N. DUVALL DAMON R. GARON A/K/A DAMON R. TODD GARON A/K/A DAMON TODD GARON Debtors DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Movant V. MICHELLE N. GARON F/K/A MICHELLE N. DUVALL DAMON R. GARON A/K/A DAMON R. TODD GARON A/K/A DAMON TODD GARON Respondents and LEON P. HALLER, ESQUIRE (TRUSTEE) Respondents Bk. No. 1:08-bk-01950 RNO Chapter No. 07 11 U.S.C. §362 ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 105 EAST MAIN STREET, SHIREMANSTOWN, PA 17011, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises. Dated: June 26, 2008 By the Court, Robert N. Cpl, II, BwArupmy JUdge (CK) This document is electronically signed and filed on the same date. Exhibit "D" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey July 14, 2008 DAMON R. GARON 103 EAST MAIN STREET SHIREMANSTOWN, PA 17011 RE: DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE vs. DAMON R. GARON Premises Address: 103 EAST MAIN STREET SHIREMANSTOWN, PA 17011 CUMBERLAND County CCP, No. 08-660 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 by Monday, July 21, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Mele *ado quire For Phelan Hallinan & Schmieg, LLP Enclosure i I I iI atlooo W4 Z4. ?. 00 a ? s? x? S M V i -4,5. C a ao ? L O " V ? Oy N N O C GA ? Q GG. E W. G d u O O Y F a> L ? a h F p u ? G d G y .b N Q H W X y `v E w °a ? ? g o0 O 7 v ? U u b ? ? O A ogb o N n 8? u ??voS o? G s a 0 ?a 0. v? c°. W 00 v? kn r _ar i ? a kn 00 - r.., N M d r r? U W a Q Q ?a E z> ?x I ?m ? J u H ? VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: _a?40 u ie g, LLP By: rhT Mradford, re Mqui Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff vs. DAMON R. GARON Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-660 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. DAMON R. GARON 103 EAST MAIN STREET SHIREMANSTOWN, PA 17011 DATE: b o DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 P" li r-LLP By: fiche e M B dford, Esqu e Attorney for Plaintiff t"? `''' ?" ? ?i -- ,?:_ -* r ;?4 r...? ?7 .... r- . _ , -:- ?_? ? ? __....t ?? .? (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff, V. No. 08-660 CIVIL TERM DAMON R. GARON Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 03/21/2008-12/10/2008 (per diem -$15.94) Add'1 Costs TOTAL $96,990.03 $4,224.10 and Costs $5,602.75 $106,816.88 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 170588 o? d? 0 0 W ? F ? ? oz C ? ? U U Od PA ?W ? W r' F F W ? U ryl-N 0 L7 z A 0 V 0 fv ?'C f• W a 0 o~ o 3IOU w o a W w 4° w ON 0 d a L7 a x d a A a 0 M qe it; -c 14 - -611- } r- -i O V W? s oo V ? D b v a? coo 00 0 c ? C) -rte r4.?. .. . .33 -' ' 7 , ? r ?{ ' 3.) 47 . C-n Case 1:08-bk-01950-RNO Doc 36 Filed 06/26/08 Entered 06/26/08 15:43:03 Desc Main Document Page 1 of 1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: MICHELLE N. GARON F/K/A MICHELLE N. DUVALL Bk. No. 1:08-bk-01950 RNO DAMON R. GARON A/K/A DAMON R. TODD GARON Chapter No. 07 A/K/A DAMON TODD GARON Debtors DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE 11 U.S.C. §362 Movant V. MICHELLE N. GARON F/K/A MICHELLE N. DUVALL DAMON R. GARON A/K/A DAMON R. TODD GARON . A/K/A DAMON TODD GARON Respondents and LEON P. HALLER, ESQUIRE (TRUSTEE) Respondents ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 105 EAST MAIN STREET, SHIREMANSTOWN, PA 17011, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises. Dated: June 26, 2008 By the Court, Robert N. Opel, Ii, Bankruptcy Judge (cll? Tits doc=ew a elec&onieally signed and fled on the same date. DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff, V. DAMON R. GARON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL, DIVISION NO. 08-660 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK TRUST COMPANY AMERICAS. AS TRUSTEE, 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 ,103 EAST MAIN STREET. SHIREMANSTOWN, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Mers as a nominee for Homecomings Financial, LLC, Vk/a Homecomings Financial Network, Inc. P.O. Box 2026 Mers as a nominee for Homecomings Financial, LLC, Vk/a Homecomings Financial Network, Inc. Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. Box 2026 Flint, MI 48501-2026 9 Sylvan Way Parsippany, NJ 07054 Mers as a nominee for Homecomings 3300 SW 34th Avenue Financial, LLC, f/k/a Homecomings Suite 101 Financial Network, Inc. Ocala, FL 34474 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 103 EAST MAIN STREET SHIREMANSTOWN, PA 17011 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. July 24, 2008 DATE .?? Jj' A?? DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ,' //J 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 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff, V. , DAMON R. GARON . Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-660 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff C G? C?n DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff, V. DAMON R. GARON Defendant(s). CUMBERLAND COUNTY No. 08-660 CIVIL TERM July 24, 2008 TO: DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 "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 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 103 EAST MAIN STREET, SHIREMANSTOWN, PA 17011, is scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $96,990.03 obtained by DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate on the north side of Main Street in the Borough of Shiremanstown, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the north side of Main Street at the southwest corner of frame dwelling house late of James Quigley, deceased, now of Mildred A. Sheaffer and about to be conveyed to the Grantee; thence westwardly twenty-eight and one-half (281/2) feet, more or less, to lot formerly of Robert M. Megary, and formerly of Mildred A. Sheaffer; thence along said lot northwardly two hundred twenty (220) feet, more or less, from the curb line of Main Street to Stroh's, now Strawberry Alley; thence eastwardly along said alley twenty-five and one-half (251/2) feet, more or less, to line of lot now of Mildred A. Sheaffer about to be conveyed to the Grantee; thence along straight line southwardly to the north end of brick house; thence eastwardly along wall of brick house four and one-half (4 1/2) feet, more or less, to northeastern corner thereof, thence southwardly along the east wall of said brick house to Main Street, the place of BEGINNING. HAVING thereon erected a two story brick house known as 103 East Main Street. TITLE TO SAID PREMISES IS VESTED IN Damon R. Garon, married man, by Deed from Samuel H. Black, (joined by his wife, Joanne M. Black and Kierna A. Black, Individually a single person (widow) and as Executrix of the Estate and last will and testament of Samuel A. Black a/k/a S. Andrew Black, Deceased, dated 11/07/2006, recorded 11/16/2006, in Deed Book 277, page 3009. PREMISES BEING: 103 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 PARCEL NO. 37-23-0555-128 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-660 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST COMPANY AMERICAS, As Trustee, Plaintiff (s) From DAMON R. GARON (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 $96,990.03 L.L.$ 0.50 Interest from 3/21/08 -12/10/08 (per diem - $15.94) - $4,224.10 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $373.77 Other Costs $5,602.75 Plaintiff Paid Date: 7/25/08 Prothonotary (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 JUL 2 5 2008 ei IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff vs. DAMON R. GARON Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 08-660 CIVIL TERM RULE AND NOW, this ZqV day of 2008, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable @&4ho -day 4 ?nnQ ar er an BY THE COURT XAMON R. ARON Michele M. Bradford, Esquire VA-elan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 SHIREMANSTOWN, PA 17011 Philadelphia, PA 19103 TEL: 717-540-0921 TEL: (215) 563-7000 FAX: (215) 563-3459 MON R. GARON michele.bradfordgfedphe.com 430 TRUDY ROAD RRISBURG, PA 17109 0A, J. 103 EAST ATN STREET 170588 H } y ;a }? Y ? -. -O PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff VS. DAMON R. GARON Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-660 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of August 25, 2008 was sent to the following individual on the date indicated below. DAMON R. GARON 103 EAST MAIN STREET SHIREMANSTOWN, PA 17011 DATE: DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 e n chmieg, LLP By: Mic ele rad or , Esquire Attorney for Plaintiff C-nl PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff VS. DAMON R. GARON Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-660 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on July 24, 2008. 3. A Rule was entered by the Court on or about July 29, 2008 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on August 5, 2008, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 25, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. ?0 D DATE:% Uelan Mi& c e g, LLP By: . Brad ford, Esq ire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff VS. DAMON R. GARON Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-660 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on July 24, 2008. A Rule was entered by the Court on or about July 29, 2008 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on August 5, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 25, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: h ieg, LLP By: d, Esquir e Attorney for Plaintiff Exhibit "A" JUL 7 Zy Luuu '1uL t J ?uu?J ?4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff vs. DAMON R. GARON Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 08-660 CIVIL TERM RULE AND NOW, this day o 2008, a Rule is entered upon the Defendant to show cause why an Order should not be ttered granting Plaintiffs Motion to Reassess Damages. o -Jof, Rule Returnableo_ h( BY THE OURT - . - --A :k43) J. Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com DAMON R. GARON 103 EAST MAIN STREET SHIREMANSTOWN, PA 17011 TEL: 717-540-0921 DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 170588 Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Go DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE -? - Plaintiff VS. DAMON R. GARON CUMBERLAND County No. 08-660 CIVIL TERM Defendant ?. CERTIFICAN OF SERVICE I hereby certify that a true and r0'fd copy of our Motion to Reassess Damages noting a Rule Return date of August 25, 2Q(I8?sent to the following individual on the date indicated below. DAMON R. GARON DAMON R. GARON 103 EAST MAIN STREET 430 TRUDY ROAD SHIREMANSTOWN, PA 17011 : 'HARRISBURG, PA 17109 Me ieg, LLP DATE: By: c ee raor , squire Attorney for Plaintiff co° a M 11Z. R t ; .. C) r?j'n ATTORNEY FOR PLAINTfPF Court of Common Pleas Civil Division VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. NelPhel Hall man & S ieg, LLP DATE: By: e M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff vs. DAMON R. GARON Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-660 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. DAMON R. GARON 103 EAST MAIN STREET SHIREMANSTOWN, PA 17011 DATE: ?? u Y DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 rernWAcieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff ?? ?: ?` __ -rt ?? ti? ;? r.{: ,= ?? ?,?? ,, ?,, ,? AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE DEFENDANT(S) DAMON R. GARON SERVE DAMON R. GARON AT: 430 TRUDY ROAD HARRISBURG, PA 17109 SERVED CUMBERLAND COUNTY No. 08-660 CIVIL TERM ACCT. #170588 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 10, 2008 Served and made known to 1a woh Q . Gn 0v? , Defendant, on the 17 *1 day of AVSLJcJ- 200 at 15' o'clock P.m., at 4-4O tNct- RDac/ Ma /r-`s J-rj P 9- 17 U1 , Commonwealth of Pennsylvania, in the manner described below: X Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Height Weight 220 Race W Sex h _ Other I, Cea?dy rk beyuy& C- HLX?-er a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Swom to and s abed befor me this da of 200 ? . 6L, Notary ? J ?` By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL NOT SERVED THOMAS P. STRAIN, Notary Public On Of Ph' ?a. County 200_, at o'clock _.m., Defendant NOT FOUND because: Ct>tnllt = wnisaw' n l:ebru Moved Unknown No Answer Vacant 1st Attempt: Time: 2"d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 IWc[ - t N n u-LLJ --- i.is C?j AUG 2 8 2000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK TRUST COMPANY Court of Common Pleas AMERICAS, AS TRUSTEE Plaintiff Civil Division vs. DAMON R. GARON CUMBERLAND County No. 08-660 CIVIL TERM Defendant ORDER AND NOW, this day of SAS , 2008, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $91,305.84 Interest Through September 3, 2008 $7,000.19 Per Diem $19.07 Late Charges $357.83 Legal fees $2,325.00 Cost of Suit and Title $1,850.75 Sheriffs Sale Costs $126.23 Property Inspections/ Property Preservation $90.00 Appraisal/Brokers Price Opinion $110.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $2,226.83 TOTAL $105,392.67 Plus interest from September 3, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY T COURT ?Y J. /MICHELE M. BRADFORD, ESQUIRE 1617 John F. Kennedy Blvd, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedi)he.com /DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 .,,XDAMON R. GARON 103 EAST MAIN STREET SHIREMANSTOWN, PA 17011 doPt? z Mkt Q/rd/oe ,vMl 170588 7 t ?';? a r`inSi^ ? f???;,k ,, , ;?. ; a; ?i .- f DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE VS. DAMON R. GARON : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 08-660 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE hereby verify that true 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: November 10, 2008 Attorney for Plaintiff '-w a rwr_ 1.?N O x o ? W ` 9 U rn c ? U ? a" v a d MM0 ?1 f?q ?xa U T rFp 4l a? ? , ? e E O z a ? a zoo a uy z°WoaA agiiew ziz n v , ous Latiooo VU ao v? C 53AM1OH /l9NAld d o. &Od Se W O ?J W M a Uu C) 0 W o AUMd 6o 0 z z?W W ? aW? O 3 o9N 0 0 U A a. 0 Irl a Q?? u t6 o5? z ? z Q zW O aoi Q O a_ O O r. x O M Q • ? Z~ O _O `? ap W N .-r .d a ?x > N ? Cd CL > A Fz. '^ . Jw (LI ?" Vl 4) N o 4) >a 00 b a? O.S Uo a " en I v N O ? Rr N M O I? O Cd C. M ?--i ?' O o y ? i? G? ? a, M r/1 Wa x ?o a'° eA ? o 0 °= ? x 8 0 8 3? V a o e M° ?1 ?F ? .,_, 3 A oa o b • O a4t ?a 000 00 o r.0 0 0 c 'V ' ?.:z •u •? ?., VJ .iii O Cd Q• it G? ? CAS V1 j CAS C? C? V y .h v t? ? A as A b v p " Aa W W ?Ww ,? G? In 1 `° Ir.- loo Ia, rrM I?1 CC V O 0 z CC eR b ,.O d' 00 00 U a 0 0 w? tss no 0z U F. ? E V EA a ti's x c .itlE?E ?? S•° ? a. E 6'n x nW• E •° E c V 8 ?.?w 4 p e? L O .? o w o ° 0 0- 46?s5 t 0 _O q tlO o w ?'`a yc?sw •C a 0 a ?v c°N w 6- 0 a° b z; o ? b s o? 132 I Y ? `x1 V COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which ARLINGTON LOAN SERVICING LLC is the grantee the same having been sold to said grantee on the 4TH day of FEB A.D., 2009, under and by virtue of a writ Execution issued on the 25. day of JULY, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 66, at the suit of DEUTSCH BANK TR CO AMERICAS TR against DAMON R GARON is duly recorded as Instrument Number 200908134. IN TESTIMONY WHEREOF, I have her5*nto set my hand and seal of said office this L_ day of A.D. Recorder of Deeds F1s" Cinbod wW County, Carts, PA MY GWMUW Wims ft Firm Monday of Jan. 2010 Deutsche Bank Trust Company Americas In the Court of Common Pleas of As Trustee Cumberland County, Pennsylvania VS Writ No. 2008-660 Civil Term Damon R. Garon R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Damon R. Garon, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, according to law. DAUPHIN COUNTY RETURN: And Now, August 29, 2008 at 0903 hours served the within Real Estate Writ, Notice of Sale and Description upon Damon R. Garon by making known unto Damon Garon personally 430 Trudy Road, Harrisburg, PA 17109 its contents and at the same time handing to him a true and correct copy of the same. So answers: Jack Lotwick, Sheriff of Dauphin County, Pennsylvania. Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 8, 2008 at 1902 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 Damon R. Garon, located at 103 East Main Street, Shiremanstown, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Damon R. Garon, by regular mail to his last known address of 430 Trudy Road, Harrisburg, PA 17109. This letter was mailed under the date of October 6, 2008 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 February 4, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $48,400.00 to Arlington Loan Servicing, LLC. It being the highest bid and best price received for the same, Arlington Loan Servicing, LLC of 4 State Road, #520, Media, PA 19063, being the buyer in this execution, paid to Sheriff R. 'Thomas Kline the sum of $52,993.64. Sheriffs Costs: Docketing $30.00 Poundage 911.75 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 13.00 Levy 15.00 Surcharge 20.00 Out of County 9.00 Dauphin County 47.25 Postpone Sale 20.00 Law Journal 377.00 Patriot News 379.16 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriffs Deed 49.50 $ 2,002.08 0 c PZ " a 00 pip as 1 CO t. `^ lLIJ ? i1LL ` Oti r CV So Answers: R. Thomas Kline, Sheriff BY Real Estate S eant DEUTSCHE BANK TRUST COMPANY r ` AMERICAS, AS TRUSTEE CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION DAMON R. GARON . NO. 08-660 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE, 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 ,103 EAST MAIN STREET, SHIREMANSTOWN, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Mers as a nominee for Homecomings Financial, LLC, Vk/a Homecomings Financial Network, Inc. P.O. Box 2026 Mers as a nominee for Homecomings Financial, LLC, f/k/a Homecomings Financial Network, Inc. P.O. Box 2026 Flint, MI 48501-2026 9 Sylvan Way Parsippany, NJ 07054 r Mers as a nominee'for Homecomings 3300 SW 34th Avenue Financial,,LLC, f/kia Homecomings Suite 101 Financial Network, Inc. Ocala, FL 34474 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 103 EAST MAIN STREET SHIREMANSTOWN, PA 17011 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. July 24, 2008 DATE ryand (k A?? DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ,. DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff, V. DAMON R. GARON Defendant(s). CUMBERLAND COUNTY No. 08-660 CIVIL TERM July 24, 2008 TO: DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 "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, 103 EAST MAIN STREET, SHIREMANSTOWN, PA 17011, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $96,990.03 obtained by DEUTSCHE BANK TRUST COMPANY AMERICAS. AS TRUSTEE (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 Sheriff s 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 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate on the north side of Main Street in the Borough of Shiremanstown, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the north side of Main Street at the southwest corner of frame dwelling house late of James Quigley, deceased, now of Mildred A. Sheaffer and about to be conveyed to the Grantee; thence westwardly twenty-eight and one-half (281/2) feet, more or less, to lot formerly of Robert M. Megary, and formerly of Mildred A. Sheaffer; thence along said lot northwardly two hundred twenty (220) feet, more or less, from the curb line of Main Street to Stroh's, now Strawberry Alley; thence eastwardly along said alley twenty-five and one-half (25 1/2) feet, more or less, to line of lot now of Mildred A. Sheaffer about to be conveyed to the Grantee; thence along straight line southwardly to the north end of brick house; thence eastwardly along wall of brick house four and one-half (41/2) feet, more or less, to northeastern corner thereof; thence southwardly along the east wall of said brick house to Main Street, the place of BEGINNING. HAVING thereon erected a two story brick house known as 103 East Main Street. TITLE TO SAID PREMISES IS VESTED IN Damon R. Garon, married man, by Deed from Samuel H. Black, (joined by his wife, Joanne M. Black and Kierna A. Black, Individually a single person (widow) and as Executrix of the Estate and last will and testament of Samuel A. Black a/k/a S. Andrew Black, Deceased, dated 11/07/2006, recorded 11/16/2006, in Deed Book 277, page 3009. PREMISES BEING: 103 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 PARCEL NO. 37-23-0555-128 WRIT OF EXECUTION and/or ATTACHMENT ' r COMMONWEALTH OF PENNSYLVANIA) NO 08-660 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST COMPANY AMERICAS, As Trustee, Plaintiff (s) From DAMON R. GARON (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 $96,990.03 L.L.$ 0.50 Interest from 3/21/08 -12/10/08 (per diem - $15.94) - $4,224.10 and Costs Atty's Comm % Atty Paid $373.77 Plaintiff Paid Date: 7/25/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $5,602.75 rothonotary By: - Deputy Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 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. 62205 Real Estate Sale #24 On August 18, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Shiremanstown Borough, Cumberland County, PA Known and numbered as 103 East Main St., Shiremanstown a) more fully described on Exhibit "All C== filed with this writ and by this reference OiU@ incorporated herein. Date: A ustA 82008. By: Real Esta Sergeant =aSCHEDVLE OF pISTRIBUTION SALE NO. 24 Date Filed: March 5, 2009 Writ No. 2008-660 Civil Term Deutsche Bank Trust Company Americas, as Trustee VS Damon R. Garon 103 East Main Street Shiremanstown, PA 17011 Sale Date: February 4, 2009 Buyer: Arlington Loan Servicing, LLC Bid Price: $48,400.00 Real Debt: $96,990.03 Interest: 4,224.10 Attorney Writ Costs: 373.77 Misc. Costs 5,602.75 Total: $107,190.65 DISTRIBUTION: Receipts: el Cash on account (08/18/2008): Cash on account (02/04/2009): Cash on account (02/19/2009): $ 1,500.00 4,840.00 48,153.64 Total Receipts: $54,493.64 Disbursements: Sheriff s Costs $2,002.08 Legal Search 300.00 Transfer Tax, Local 1,662.82 Transfer Tax, State 1,662.82 Judy Prowell, Tax Collector 618.06 Lower Allen Township (Sewer) 83.60 Attorney Daniel Schmeig 1,500.00 Deutsche Bank Trust Company 46,664.26 Total Disbursements: ($54,493.64) Balance for distribution: 00.00 So Answers: s R. Thomas Kline Sheriff ? . ? `fir _ .,,. ? '"? ` 1 _? R t r: ?t.1 r -?? "? ??? ?" t" C ` ?T l .?...? SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 24 held February 4, 2009 EFFECTIVE DATE: February 4, 2009 PREMISES: 103 East Main Street, Borough of Shiremanstown, Cumberland County, Pennsylvania, Tax Parcel No. 37-23-0555-128 (the "Premises") RECITAL: Being the same premises which Samuel H. Black, together with his wife, Joanne M. Black and Kierna A. Black, individually, widow and as Executrix of the Estate of Samuel A. Black, also known as S. Andrew Black, deceased, by their Deed dated November 7, 2006 and recorded November 16, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 277, Page 3009, granted and conveyed unto Damon R. Garon, married man. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5.. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2009. 20. Subject to spousal rights, if any, of the spouse of Damon R. Garon, married man. -2- 21. Mortgage in the amount of $91,920.00 from Damon R. Garon to Homecomings Financial, LLC, formerly known as Homecomings Financial Network, Inc. dated November 8, 2006 and recorded November 16, 2006 in Mortgage Book 1973, Page 859, assigned March 10, 2008 in Instrument No. 200807045 to Deutsche Bank Trust Company Americas. 22. Mortgage in the amount of $22,980.00 from Damon R. Garon to Homecomings Financial, LLC, formerly known as Homecomings Financial Network, Inc. dated November 8, 2006 and recorded November 16, 2006 in Mortgage Book 1973, Page 879. 23. Judgment against Damon R. Garon in favor of Deutsche Bank Trust Company Americas entered March 24, 2008 in the amount of $96,990.03 and amended by Order entered September 9, 2008 for judgment in the total of $105,392.67 entered to No. 2008-0660 with respect to the mortgage identified as item 21, above. 34. Subject to the rights of others in and to those portions of the Premises lying within or adjoining East Main Street and Strawberry Alley. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: i _ Keith O. Brenneman -3- r REAL ESTATE SALE NO. 24 Writ No. 2008-660 Civil Deutsche Bank Trust Company Americas, as Trustee VS. Damon R. Garon Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate on the north side of Main Street in the Borough of Shiremans- town, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the north side of Main Street at the southwest corner of frame dwell- ing house late of James Quigley, deceased, now of Mildred A. Sheaf- fer and about to be conveyed to the Grantee; thence westwardly twenty- eight and one-half (28 1/2) feet, more or less, to lot formerly of Robert M. Megary, and formerly of Mildred A. Sheaffer; thence along said lot north- wardly two hundred twenty (220) feet, more or less, from the curb line of Main Street to Stroh's, now Straw- berry Alley; thence eastwardly along said alley twenty-five and one-half (25 1/2) feet, more or less, to line of lot now of Mildred A. Sheaffer about to be conveyed to the Grantee; thence along straight line southwardly to the north end of brick house; thence eastwardly along wall of brick house four and one-half (4 1/2) feet, more or less, to northeastern corner thereof; thence southwardly along the east wall of said brick house to Main Street, the place of BEGINNING. HAVING thereon erected a two story brick house known as 103 East Main Street. TITLE TO SAID PREMISES IS VESTED IN Damon R. Garon, mar- ried man, by Deed from Samuel H. Black, (joined by his wife, Joanne M. Black and Kierna A. Black, In- dividually a single person (widow) and as Executrix of the Estate and last will and testament of Samuel A. Black a/k/a S. Andrew Black, Deceased, dated 11/07/2006, re- corded 11/16/2006, in Deed Book 277, page 3009. PREMISES BEING: 103 EAST MAIN STREET, SHIREMANSTOWN, PA 17011. PARCEL NO. 37-23-0555-128. EXHIBIT A 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 31, November 7 and November 14, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. iMarie Clyne, Editor SWORN TO AND SUBSCRIBED before me this 4 day of November. 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY MV Commission Expires Apr 28. 2010 >MAL VANANS ftM 11` 24 Writ No. 2008-660 Civil Deutsche Bank Trust Company Americas, as Trustee VS. Damon R. Garon Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate on the north side of Main Street in the Borough of Shiremans- town, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the north side of Main Street at the southwest corner of frame dwell- ing house late of James Quigley, deceased, now of Mildred A. Sheaf- fer and about to be conveyed to the Orente+e; thence westwardly twen *oft" cane-half (281 eet, or less, to lot formerly of Robert M.' Mapry, and formerly of Mildred A. Sheaffer; thence along said lot north- wardly two hundred twenty (220) feet, more or less, from the curb line of Main Street to Stroh's, now Straw- berry Alley; thence eastwardly along said alley twenty-five and one-half (25 1/2) feet, more or less, to line of lot now of Mildred A. Sheaffer about to be conveyed to the Grantee; thence along straight line southwardly to the north end of brick house; thence eastwardly along wall of brick house four and one-half (4 l/ 2) feet, more or less, to northeastern corner thereof; thence southwardly along the east wall of said brick house to Main Street, the place of BEGINNING. HAVING thereon erected a two story brick house known as 103 East Main Street. TITLE TO SAID PREMISES IS VESTED IN Damon R. Garon, mar- ried man, by Deed from Samuel H. Black, (joined by his wife, Joanne M. Black and Kierna A. Black, In- dividually a single person (widow) and as Executrix of the Estate and last will and testament of Samuel A. Black a/k/a S. Andrew Black, Deceased, dated 11/07/2006, re- corded 11/16/2006, in Deed Book 277, page 3009. PREMISES BEING: 103 EAST MAIN STREET, SHIREMANSTOWN, PA 17011. PARCEL NO. 37-23-0555-128. -he Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Z4fPatriot-Xews 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: Tiiat he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book °M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10129/08 11/05/08 11/12/08 ......... ...'? ?:. ........... . . . worn to and subscribed before me this 25 day of,'November, 2008 A.D. Notary Public C;OA1MONWEAL'd`t-. 01i- ti1E-NN,'3,"(_Vr: Nbk 9 Notarial Sea i ?;8rrie i i isne, , Natirry Public: vAy Of Harnstmg, Dauphin CourAy my comirmewn E?4 ims Nov. 26; 2011 Member PewwylvaW ?1s ,rciatspr- {,f Notarie, Real Estate Sale No. 24 Writ No. 2008-660 Civil Term 6eutsche Bank Trust Company Americas, as Trustee VS Damon R. Garon Attorney Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate on the north side of Main Street in the Borough of Shiremanstown, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the north side of Main Street at the southwest comer of frame dwelling house late of James Quigley, deceased. now of Mildred A. Sheaffer and about to be conveyed to the Grantee; thence westwardly twenty-eight and one-half (28 112) feet, more or less, to lot formerly of Robert M. Megary, and formerly of Mildred A. Sheaffer; thence along said lot northwardly two hundred twenty (220) feet, more or less, from the curb line of Main Street to Stroh's, now Strawberry Alley; thence eastwardly along said alley twenty-five and one- half (25 1/2) feet, more or less, to line of lot now of Mildred A. Sheaffer about to be conveyed to the Grantee; thence along straight line southwardly to the north end of brick house: thence eastwardly along wall of brick house four and one-half (4 1/2) feet, mode or less, to nbrtheastem corner thereof; thence southwardly along the east wall of said brick house to Main Street, the place of BEGINNING. HAVING thereon erected a two story brick house known as 103 East Main Street. TITLE TO SAID PREMISES IS VESTED IN Damon R. Gamn, married man, by Deed from Samuel H. Black, {joined by his wife, Joanne M. Black and Kiema A. Black, Individually a single person (widow) and as Executrix of the Estate and last will and testament of Samuel A. Black a/k/a S. Andrew Black. Deceased, dated 11/07/ 2006, recorded 11/16/2006, in Deed Book 277, page 3009. PREMISES BEING: 103 EAST MAIN STREET, SHIREMANSTOWN. PA 17011 PARCEL NO. 37-23-0555-128