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HomeMy WebLinkAbout08-1834PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 173790 CHASE HOME FINANCE LLC, S/B/M TO CHASE COURT OF COMMON PLEAS MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE CIVIL DIVISION COLUMBUS, OH 43219 TERM Plaintiff NO. 08- 1834 ?ivi(Terin V. CUMBERLAND COUNTY WILLIAM K. COLEMAN 12 WEST LISBURN ROAD BOWMANSDALE, PA 17008 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 173790 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 #: 173790 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 #: 173790 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 #: 173790 1. Plaintiff is CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: WILLIAM K. COLEMAN 12 WEST LISBURN ROAD BOWMANSDALE, PA 17008 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/16/2003 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1807, Page: 1866. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 173790 6 The following amounts are due on the mortgage: Principal Balance $50,788.94 Interest $1,416.10 10/01/2007 through 03/18/2008 (Per Diem $8.33) Attorney's Fees $1,250.00 Cumulative Late Charges $64.80 04/16/2003 to 03/18/2008 Cost of Suit and Title Search 550.00 Subtotal $54,069.84 Escrow Credit ($22.99) Deficit $0.00 Subtotal 22.99 TOTAL $54,046.85 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 173790 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $54,046.85, together with interest from 03/18/2008 at the rate of $8.33 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 rBy:?' `oc tom- (p to ?S LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE Attorneys for Plaintiff File #: 173790 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT SITUATE IN VILLAGE OF BOWMANSDALE, TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT A CORNER OF Lot 6 AND West MAIN Street; THENCE BY SAID Lot, North 18 DEGREES West, A DISTANCE OF 150 FEET TO SUMMIT ALLEY; THENCE BY SAID ALLEY, South 72 DEGREES West, A DISTANCE OF 40 FEET TO Lot 8; THENCE BY SAID Lot, South 18 DEGREES East, A DISTANCE OF 150 FEET TO MAIN Street; THENCE BY SAID Street, North 72 DEGREES East, A DISTANCE OF 40 FEET TO THE PLACE OF BEGINNING. BEING Lot 7 IN THE GENERAL Plan OF THE VILLAGE OF BOWMANSDALE, OF WHICH THE ABOVE DISTANCE IN FEET IS UNDERSTOOD TO BE MORE OR LESS, HAVING THEREON ERECTED A 2 AND ONE-HALF STORY FRAME DWELLING KNOWN AND MUNICIPALLY NUMBERED AS 12 West LISBURN Road, BOWMANSDALE, PA 17008. PARCEL ID: 42-30-2114-005. PROPERTY BEING: 12 WEST LISBURN ROAD File #: 173790 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 U j2. L, q S DATE:?l D 8 n l`? ?r „? ? r..? `-"? C7 l -? ? ? rY ; ???. SLs ? ? ,,; , a ? 'p c? _'' --- 'TJ G --G 0 CASE NO: 2008-01834 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS COLEMAN WILLIAM K JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon COLEMAN WILLIAM K the DEFENDANT at 1050:00 HOURS, on the 31st day of March , 2008 at 12 WEST LISBURN ROAD MECHANICSBURG, PA 17055 by handing to COREY BYRNE, GIRLFRIEND, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 00 ylDy?D& 3 Sworn and Subscibed to before me this day of , So Answers : R. Thomas Kline 04/01/2008 PHELAN HALLINAN SCHMIEG By : ............... (::::f D puty Sheriff i' A.D. ?,/ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC, SB/M TO CHASE : MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY 3415 VISION DRIVE COURT OF COMMON PLEAS COLUMBUS, OH 43219 Plaintiff, V. CIVIL DIVISION NO. 08-1834-CIVIL TERM WILLIAM K. COLEMAN 12 WEST LISBURN ROAD BOWMANSDALE, PA 17008 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against WILLIAM K. COLEMAN, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/19/08 to 5/19/08 TOTAL $54,046.85 $516.46 $54,563.31 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, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PR PROTHY 173790 PHELAN I{ALLIN;?N fi SCHMIEG, LLP Ry: I.a\yTence'I'. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 Ci IASI: IfO\I'. 1:1NAv1CE LLC, S13,,M TO CHASE COURT OF COMMON PLEAS MANHATTAN MORTGAGE CORPORATION Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY WILLIAM K. COLEMAN :NO. 08-1834-CIVIL TERM Defendants TO: WILLIAM K. COLEMAN 12 WEST LISBURN ROAD BOWMANSDALE, PA 17008 DATE OF NOTICE: APER, 22.2009 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 ASSOCIAT N( 32 SOUTH BEDFORD STRE CARLISLE, PA 17013 (800)990-9108 } , Legal Assistant 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 CHASE HOME FINANCE LLC, S/B/M TO CHASE : MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY 3415 VISION DRIVE COURT OF COMMON PLEAS Plaintiff, V. WILLIAM K. COLEMAN Defendant(s). CIVIL DIVISION NO. 08-1834-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 WILLIAM K. COLEMAN is over 18 years of age and resides at, 12 WEST LISBURN ROAD, BOWMANSDALE, PA 17008. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C? ?' C) to Co J n- Fri r A (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE v. Plaintiff, WILLIAM K. COLEMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1834-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on _ dal d 1200 S. By: 404- If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff VS. WILLIAM K. COLEMAN Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1834-CIVIL-TERM CUMBERLAND COUNTY 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. Phelan Hallinan & Schmieg, LLP` Attorney for Plaintiff By: Date: i? Francis S. Hallinan, Esquire PHS #: 173790 . PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff VS. WILLIAM K. COLEMAN Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-1834-CIVIL-TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: WILLIAM K. COLEMAN 12 WEST LISBURN ROAD BOWMANSDALE, PA 17055-5840 WILLIAM K. COLEMAN 12 WEST LISBURN ROAD MECHANICSBURG, PA 17055-5840 Date: Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: A? o C? Francis S. Hallinan, Esquire VERIFICATION Whitney K. Cook hereby states that he/she is ?s1 r s of CHASE HOME FINANCE LLC, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: itneN Cook DATE: Q.fh? Title: Company: CHASE HOME FINANCE LLC Loan:1179050685 File #: 173790 C?> Tl 67T = j (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. No. 08-1834-CIVIL TERM WILLIAM K. COLEMAN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 05/20/2008-09/03/2008 (per diem -$8.97) Add'I Costs TOTAL $54,563.31 $959.79 and Costs $2,006.50 $57,529.60 DANIEL G. SCHMIEG,UESQUIRE 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. 173790 00 0 0 d a W a d A z d w? o O? ? z 0 ? ? F A a v1 Ey d ? tx °' ow a aoz ado w a w o w ? a c°?z z?H o p ? H w ? a ? ?z dv a w o Q N °,' U C D 00 ou SLi 0 h o o° A 1 :. ovb 0 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 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. WILLIAM K. COLEMAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1834-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, QUIRE Attorney for Plaintiff ? N C-0 CJ CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, v. WILLIAM K. COLEMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1834-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION, 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,12 WEST LISBURN ROAD, BOWMANSDALE, PA 17008. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM K. COLEMAN 12 WEST LISBURN ROAD BOWMANSDALE, PA 17008 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) General Motors Acceptance Corp. General Motors Acceptance Corp. C/O William T. Molczan Cumberland County Adult Probation 570 Crooks Road Troy, MI 48007 Weltman, Weinberg, & Reis 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 1 Courthouse Square Carlisle, PA 17013-3387 4 JP Morgan Chase Bank, NA 111 Polaris Parkway Columbus, OH 43240 JP Morgan Chase Bank, NA Weltman, Weinberg, & Reis C/O Patricia L. Blais 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 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) JP Morgan Chase Bank, NA 111 Polaris Parkway Columbus, OH 43240 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 12 WEST LISBURN ROAD BOWMANSDALE, PA 17008 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. May 27, 2008 DATE ,? 01?)" t DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff r-y CO 4 a. J. CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. WILLIAM K. COLEMAN Defendant(s). CUMBERLAND COUNTY No. 08-1834-CIVIL TERM May 27, 2008 TO: WILLIAM K. COLEMAN 12 WEST LISBURN ROAD BOWMANSDALE, PA 17008 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 12 WEST LISBURN ROAD, BOWMANSDALE, PA 17008, is scheduled to be sold at the Sheriff s 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 $54,563.31 obtained by CHASE HOME FINANCE LLC SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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. 64 R 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.) RIGHTS EVE] TO SAVE YOUR PROPERTY AND YOU HAVE OTHER 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Village of Bowmansdale, Township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a corner on Lot #6 and West Main Street; thence by said lot, North eighteen (18) degrees West, a distance of one hundred fifty (150) feet to Summit Alley; thence by said Alley, South seventy-two (72) degrees West, a distance of forty (40) feet to Lot #8; thence by said Lot, South eighteen (18) degrees East, a distance of one hundred fifty (150) feet to Main Street; thence by said Street, North seventy-two (72) degrees East, a distance of forty (40) feet to the place of BEGINNING. BEING Lot #7 in the general plan of the Village of Bowmansdale, of which the above distance in feet is understood to be more or less, having thereon erected a two and one-half story frame dwelling being known and municipally numbered as 12 West Lisburn Road, Bowmansdale, PA 17008. UNDER AND SUBJECT, NEVERTHELESS, to an Easement Agreement recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 690, at page 1713, and easements and restrictions of record. TITLE TO SAID PREMISES IS VESTED IN William K. Coleman, single man, by Deed from Bonnie S. Davis, single person, dated 04/16/2003, recorded 04/23/2003, in Deed Book 256, page 3392. PREMISES BEING: 12 WEST LISBURN ROAD, BOWMANSDALE, PA 17008 PARCEL NO. 42-30-2114-005 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1834 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff (s) From WILLIAM K. COLEMAN (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 $54,563.31 L.L. $.50 Interest FROM 5/20/08 - 9/03/08 (PER DIEM - $8.97) -- $959.79 AND COSTS Atty's Comm % Atty Paid $157.56 Plaintiff Paid Date: MAY 28, 2008 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Due Prothy $2.00 Other Costs ADD'L COSTS - $2,006.50 K AC Curti e .Long, Pro a By: Deputy 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 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE : CORPORATION Plaintiff _ ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County VS. WILLIAM K. COLEMAN Defendant No. 08-1834-CIVIL-TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on March 20, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A" 2. Judgment was entered on May 21, 2008 in the amount of $54,563.31. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 3, 2008. 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 $50,788.94 Interest Through September 3, 2008 $2,818.58 Per Diem $8.33 Late Charges $64.80 Legal fees $1,250.00 Cost of Suit and Title $1,139.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $84.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $428.51 TOTAL $56,573.83 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on July 9, 2008 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 411(p by e n c ieg, LLP By: M h e .Bradford, squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE _ CORPORATION ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff vs. CUMBERLAND County No. 08-1834-CIVIL-TERM WILLIAM K. COLEMAN Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE WILLIAM K. COLEMAN 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 12 WEST LISBURN ROAD, BOWMANSDALE, PA 17055-5840. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM 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 ofN.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: 1411- n*e Vdf ieg, LLP By: , q re e Attorney for Plaintiff Exhibit `6A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS & HALLINAN, ESQ., Id. No. 62695 DANIELG SCHIVMIEG, ESQ., Id. No. 62205 MICHELE M' BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 173790 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff V. WILLIAM K. COLEMAN 12 WEST LISBURN ROAD BOWMANSDALE, PA 17008 Defendant n C:: ?z o -?o rn a ? ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. M- 18,34 Ci v; l Tero4 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSUIMe hereby certify the Within to be a true and L COPY ' correct copy of the ATTORNEY PLEASE RETURN original died of record File #: 173790 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 awritten 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: 173790 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 #: 173790 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. 4 File #: 173790 1. Plaintiff-is --•., CHASE:HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s). and last known address(es) of the Defendant(s) are: :-WILLIAM X. COLEMAN 12 WEST-L'ISBURN ROAD BOWMANSDALE, PA 17008 3. 4. 5. who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 04/16/2003 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1807, Page: 1866. 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. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2007 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. Fite H: 173790 6. 7. 8. The following amounts are due on the mortgage: Principal Balance $50,788.94 Interest $1,416..10 10/01/2007 through 03/18/2008 (Per Diem $8.33) Attorney's Fees $1,250.00 Cumulative Late Charges $64,80 04/16/2003 to 03/18/2008 Cost of Suit and Title Search 550.00 Subtotal $54,069.84 Escrow Credit ($22.99) Deficit $0.00 Subtotal ($22.99) TOTAL $54,046.85 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 173790 9. Notice of Intention to Foreclose asset forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable; have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice'has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $54,046.85, together with interest from 03/18/2008 at the rate of $8.33 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. apvw a CQ S LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE Attorneys for Plaintiff File #: 173790 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT SITUATE IN VILLAGE OF BOWMANSDALE, TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND, COMMONWEALTH; OF PENNSYLVANIA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT ,.A CORNER OF Lot 6 AND West MAIN Street; THENCE BY SAID Lot, North 18' DEGREES West, A DISTANCE OF 150 FEET TO SUMMIT ALLEY; THENCE BY SAID ALLEY, South 72 DEGREES West, A DISTANCE OF 40 FEET TO Lot 8; THENCE BY SAID Lot, South 18 DEGREES East, A DISTANCE OF 150 FEET TO MAIN Street; THENCE BY SAID Street, North 72 DEGREES East, A DISTANCE OF 40 FEET TO THE PLACE OF BEGINNING. BEING Lot 7 IN THE GENERAL Plan OF THE VILLAGE OF BOWMANSDALE, OF WHICH THE ABOVE DISTANCE IN FEET IS UNDERSTOOD TO BE MORE OR LESS, HAVING THEREON ERECTED A 2 AND ONE-HALF STORY FRAME DWELLING KNOWN AND MUNICIPALLY NUMBERED AS 12 West LISBURN Road, BOWMANSDALE, PA 17008. PARCEL ID: 42-30-2114-005. PROPERTY BEING: 12 WEST LISBURN ROAD File #: 173790 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 unworn falsifications to authorities. n, PIAA4W Attorney for Plaintiff UD (ol7d- DAT : 3.-18-08 Exhibit "B" PHELAN HALLINAN & SCHNIIEG, L.L.P. By: DANIEL G. SCHNIIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 f215) 563-7000 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION D COLUMBUS. O 19 Plaintiff, WIELIAM K. COLEMAN 12 WEST LISBURN ROAD BOWMANSDALE, PA 17008 Defendant(s). CUMBERI hAO&TY COLT] ON PLEAS • MSIGN NO. 08-1834-CIVIL TE@1 ZZ z N b p b M x? --c 0 nj D1.7 Q U C1?,? T T? U? PRAECIPE FOR IN REM JUDGME NT F FAILURE ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: N s? O .s- Kinfil : er an in rem judgment in favor of the Plaintiff and against WILLIAM K. COLEM': - ?andant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from seT74and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as: As set forth in Complaint Interest from 3/19/08 to 5/19/08 TOTAL $54,046.85 $516.46 $54,563.31 I hereby certify that (1) the addresses of the Plaintiff and. Defeadant(s) are as shown above, and (2) that notice has been given in accordance with Rule 23,7 1,'copy attached. k..w l { ?1 DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: og PRO ROTH'Y 173790 Exhibit 66C" 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 July 9, 2008 WILLIAM K. COLEMAN 12 WEST LISBURN ROAD MECHANICSBURG, PA 17055-5840 Representing Lenders in Pennsylvania and New Jersey RE: CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION vs. WILLIAM K. COLEMAN Premises Address: 12 WEST LISBURN ROAD BOWMANSDALE, PA 17055 CUMBERLAND County CCP, No. 08-1834-CIVIL-TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Monday, July 14, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. uire Hallinan & Schmieg, LLP Enclosure y O Qr n a ° - a c c o a GENTEq 5??v o = .? r o C 0 4 6 1 3000 dlZ WOW E G ;, 8002 6o inr o m OQ,O E o4Z'ZO $ ` CE .:.. [--, O H C 53mog 113N11d ? - V ._ ? U U O O Eo C N v T E a C C V ?+ N 0 ? ' G ? o E b p p a G N = ? d U U O ? O T C ami o° E . ?C o v owvf v a E h C o o ^ Iq v Ec, O CD f- kn tn ..r Q o r- ^^ ?I r 1 V a ? Q z z ? x y W ? O Y Sr G i ? O a O a O a? 01 a ? H H ?? 3 3 zo 1 a a ? o? s. O U O U x U ? p ¢ Q .¢aa-o ? ao ?? z 3W 3 v .a ? o Z e ¢ w M .a L Qw Qr h ? zQO - N "' "t - i,° Ir- 1- 1°, la I= I? Im I--? In on a 0 a vd ?o p E a. w U d a. 0 ° O b z; F fL u` G h O U F°- a VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: 6 eg, LLP PMichmi By: c h le , uire 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 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs. WILLIAM K. COLEMAN Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-1834-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. WILLIAM K. COLEMAN 12 WEST LISBURN ROAD MECHANICSBURG, PA 17055-5840 DATE: WILLIAM K. COLEMAN 12 WEST LISBURN ROAD BOWMANSDALE, PA 17055-5840 P elan Hallinan & Schmieg, LLP By: is le Wradford, e Attorney for Plaintiff CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. WILLIAM K. COLEMAN, DEFENDANT loaq 08-4843 CIVIL ORDER OF COURT AND NOW, this 22"d day of July, 2008, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the Defendant to show cause why the Plaintiff is not entitled to the relief requested; 2. The defendant will file an answer to this petition on or before August 11, 2008; 3. The Prothonotary is directed to forward said answer to this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon receipt of request to make Rule absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if a hearing or further order of court is needed. By the Court, M. L. Ebert, Jr., .- Michele M. Bradford, Esquire Attorney for Plaintiff/Petitioner ./"William K. Coleman Defendant bas ?:o I " rna? 1 . I z :6 WV ZZ Irr 8002 -A Two 02) pr n FM PIS ? AFFIDAVIT OF SERVICE PLAINTIFF CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY 1 No. 08-1834-CIVIL TERM ACCT. #173790 DEFENDANT(S) WILLIAM K. COLEMAN Type of Action SERVE WILLIAM K. COLEMAN AT: - Notice of Sheriffs Sale 12 WEST LISBURN ROAD BOWMANSDALE, PA 17008 Sale Date: September 3,2008 11 SERVED Served and made known to I'U(f,C L OW K . ?nn L??l AAA , Defendant, on the day of UP 200 at (d , o'clockk.m., at 40? A w SdN JyENy4kF 114FC1-1qN1C5 $URls , Commonwealth of Pennsylvania, in the manner described below: V 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: Weight Race Sex Other Description: Age 20 S Height b IV MOLL_ -,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. * is WC-4W_ -t N V'f--,7-(4T 1-0 N D(3C 1.p3 ?D 'TW Sworn to and subscribed pEk" 15"T L' t 04W't L-( 12E9 1OF"S C& 4.0-7 &A5oN Alf E before me this Z ( day X111ec?q Ntcs Bula?1T? of 200T. Nota ? By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & T ES OF SERVICE ATTEMPTED. THEODORE J. HARRIS NOT SERVED NOTARY PUBLIC OnMATE OF N lR 200, at o'clock _.m., Defendant NOT FOUND because: MY COMA Moved Unknown No Answer Vacant 1st Attempt: / / Time: 2"d Attempt: I 1 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 6z? //0 s, pn i ?' 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 CHASE HOME FINANCE LLC, S/B/M TO Court of Common Pleas CHASE MANHATTAN MORTGAGE CORPORATION Civil Division Plaintiff CUMBERLAND County VS. No. 08-1834-CIVIL-TERM WILLIAM K. COLEMAN Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of D was sent to the following individual on the date indicated below.. WILLIAM K. COLEMAN 12 WEST LISBURN ROAD MECHANICSBURG, PA 17055-5840 DATE: a D WILLIAM K. COLEMAN 12 WEST LISBURN ROAD BOWMANSDALE, PA 17055-5840 ZMMiel lin S hmieg, LLP By: Brad rd, quire Attorney for Plaintiff rya t... fat 'u N co ., G.., , .... r --i SALE DATE: September 3,2008 I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE No.: 08-1834-CIVIL TERM CORPORATION VS. WILLIAM K. COLEMAN AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 12 WEST LISBURN ROAD, BOWMANSDALE, PA 17008. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. Attorney for Plaintiff July 24, 2008 'a a w o U a o a •n Vii i U 0 •O Mo N ??Ca U w+ d a0 °a b o w .b ? rA A Cd b%.9 z --?0 ?, 5 018 l 30 ? 0 8002 ZO N 3 03 1 8 llvw a a - LZ Q OHg?"? 1 `W b000 L So s1a ZO EON? ®®mf C ? 47 E a+ u a? N l E 90d so - 0. E E j q U y GL ? X E w .a V N N o O ' !: z- 4) n E ? M Q Qo & C? O Y ,-EE > CV) r 0 G E u v?lEN Q .0 c n ? et r o =.a v ? W a> j Q H E E? p -" C> C LO 4) 4 O O ?u$Nb o E u ._ o c), E d N C4 w O Q O O d O r (? ? ? ? ` a n. Q a ? (~ M ? N Ltd d ? = O C = 0 ° w g .? = c ?E or 1 W • a Q a 7 w> or 0? C w o w eq - ,.,, 0 ¢ ? y N 0 0 7 a ii.so t: A N V ?00 0 O m O 3 o 7 o GHQ, 7 o o v= ????N t? ? ° t? :, Q 2 •? 3 ? y N 0 v v?oo S ?'w?a a wa¢, -0 Cc v mQ `? CL a ,? ° q. ? ? ?°m z a Z .0 o o ? Y > Q N M •c N M ¢ o z > N x o U U= c d y a O w z U) cd ? U Q• G1 ea . G a > a pq a a V 4) O O m U d E? C,4 o m to a Q Q c Q o o € d fW? W a> > Q v w "Co o , U U tj C C w. 75 'C Z Y Z G? Y Q Z Y t? a a° w O O Ry >~ E~ a w N A N O c .? c Q c c c 9 O a " O F ? a? ?N d o aa v? ' = m m= m a _ ( i 1 H O> O w ¢ a 4. a? V) N ..O '^ i U S m O G4 N G) N N> N N N ¢UO?_ a o „? Z3 Q ? y R N a 5 ¢¢z ¢ ° C7 u Q 4+ 1,0 C ° 11 L. O 'p U L) cfl C? u ? g ¢ x - ? o Q) > a °' o ° CL c R c r M V c x ? >~ ?x5w C W F-? 00 z N O V) E- O p m o O g CL La O d m CM M CM C m 0) o° o P4 ... z? p;0 ¢ z o s. ? c° m O O ? ° O z d 0 a? 0w0 z w w O ? «? a a?O c a? O O? E a - a':3 a J ?'u z Q U U U 11 a H U ?o a Q a c? C9 ?- U 00 -? H a `m z Z 2 ? ww ° a b d t Q 0 M 3u T b d . r, ? a u H ? ??3 r?`- c.-::a 4""1:? -t-? / ;', \? ??? ??? ?'``' -r , __ ., ??, " ?. r t, .. : -? T.?. ?Y ?.?. - ?..? G 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 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff VS. CUMBERLAND County No. 08-1834-CIVIL-TERM WILLIAM K. COLEMAN Defendant MOTION TO MAKE RULE ABSOLUTE CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION, 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 18, 2008. A Rule was entered by the Court on or about July 22, 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 July 25, 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 11, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. a M ieg, LLP DATE: By: Michel. , qui re 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 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff vs. CUMBERLAND County WILLIAM K. COLEMAN Defendant No. 08-1834-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 18, 2008. A Rule was entered by the Court on or about July 22, 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 July 25, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 11, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: *0- pM:el, c ieg, LLP By: Bradford, Esquire Attorney for Plaintiff Exhibit "A" CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM K. COLEMAN, DEFENDANT : 08-18134 CIVIL ORDER OF COURT AND NOW, this 22nd day of July, 2008, upon consideration of the Plaintiffs Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the Defendant to show cause why the Plaintiff is not entitled to the relief requested; 2. The defendant will file an answer to this petition on or before August 11, 2008; 3. The Prothonotary is directed to forward said answer to this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon receipt of request to make Rule absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if a hearing or further order of court is needed. By the Court, M. L. Ebert,;Jr., Michele. M. Bradford, Esquire Attorney for Plaintiff/Petitioner William K. Coleman Defendant bas i KU COP FROM R CORU 3 y,,,, s Exhibit "B" C? Q . 71 ( 00 Y : C -- . N co - 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 CHASE HOME FINANCE LLC, SB/M TO .? Court of Common Pleas CHASE MANHATTAN MORTGAGE ",OQ CORPORATION Civil Division Plaintiff CUMBERLAND County vs. No. 08-1834-CIVIL-TERM WILLIAM K. COLEMAN Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copylkIr Motion to Reassess Damages noting a Rule Return date of b% was ser?t,pllowing individual on the date indicated .r? . below..` Y WILLIAM K. COLEMAN WILLIAM K. COLEMAN 12 WEST LISBURN ROAD 12 WEST LISBURN ROAD MECHANICSBURG, PA 17055-5840 BOWMANSDALE, PA 17055-5840 P lin S hmieg, LLP DATE: o? Mi eI M. Br1"burd, LMKaire ®. ?? Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. MMie i c ieg, LLP DATE: By. M. Brad ord, squire 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 CHASE HOME FINANCE LLC, SB/M TO : CHASE MANHATTAN MORTGAGE CORPORATION vs. Plaintiff WILLIAM K. COLEMAN Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-1834-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. WILLIAM K. COLEMAN 12 WEST LISBURN ROAD MECHANICSBURG, PA 17055-5840 DATE: 114 i? WILLIAM K. COLEMAN 12 WEST LISBURN ROAD BOWMANSDALE, PA 17055-5840 Mii mieg, LLP By: quire Attorney for Plaintiff C??-' =n -.a ? ?? -, ? ??.? = rv , ? ; ? ? ??' -` b=ra ?:a ? s AUG 2 21008w IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, SB/M TO Court of Common Pleas CHASE MANHATTAN MORTGAGE CORPORATION Civil Division Plaintiff CUMBERLAND County VS. No. 08-1834-CIVIL-TERM WILLIAM K. COLEMAN Defendant ON ORDER AND NOW, this U day of 6 vdlt , 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 Plaintiffs 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 $50,788.94 Interest Through September 3, 2008 $2,818.58 Per Diem $8.33 Late Charges $64.80 Legal fees $1,250.00 Cost of Suit and Title $1,139.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $84.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $428.51 $56,573.83 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 THE COURT ?\ i ? ??\ - J. 173790 VIN/rIiASNN ? S =1 l WV 9z 99V 8002 _3Hi JO Chase Home Finance LLC, s/b/m to Chase In the Court of Common Pleas of Manhattan Mortgage Corporation Cumberland County, Pennsylvania VS Writ No. 2008-1834 Civil Term William K. Coleman Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on July 28, 2008 at 1950 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: William K. Coleman, by making known unto William Coleman personally, at 407 Alison Ave., Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 18, 2008 at 1621 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 William K. Coleman located at 12 West Lisburn Road, Mechanicsburg, 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: William K. Coleman by regular mail to his last known address of 407 Alison Ave., Mechanicsburg, PA 17055. This letter was mailed under the date of July 29, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Mileage Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills So Answers: R. Thomas Kline, Sheriff BYS7 Real Estate S rgeant 30.00 18.63 15.00 15.00 .50 2.00 24.00 15.00 20.00 40.00 359.00 393.14 17.64 $ 949.91 ?'`, ?? C*;? 4 71ST -1/ "Y" CHASE HOME FINA,,4CE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. WILLIAM K. COLEMAN COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1834-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION, 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,12 WEST LISBURN ROAD, BOWMANSDALE, PA 17008. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM K. COLEMAN 12 WEST LISBURN ROAD BOWMANSDALE, PA 17008 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) General Motors Acceptance Corp. General Motors Acceptance Corp. C/O William T. Molczan Cumberland County Adult Probation 570 Crooks Road Troy, MI 48007 Weltman, Weinberg, & Reis 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 1 Courthouse Square Carlisle, PA 17013-3387 JP Morgan Chase Bank, NA 111 Polaris Parkway Columbus, OH 43240 A Morgan Chase Bank, NA Weltman, Weinberg, & Reis C/O Patricia L. Blais 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 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) JP Morgan Chase Bank, NA 111 Polaris Parkway Columbus, OH 43240 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 Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 12 WEST LISBURN ROAD BOWMANSDALE, PA 17008 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 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. May 27, 2008 DATE %-a M -?( DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. WILLIAM K. COLEMAN Defendant(s). CUMBERLAND COUNTY No. 08-1834-CIVIL TERM May 27, 2008 TO: WILLIAM K. COLEMAN 12 WEST LISBURN ROAD BOWMANSDALE, PA 17008 * *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, 12 WEST LISBURN ROAD, BOWMANSDALE, PA 17008, is scheduled to be sold at the Sheriff s 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 $54,563.31 obtained by CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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 i LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Village of Bowmansdale, Township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a corner on Lot #6 and West Main Street; thence by said lot, North eighteen (18) degrees West, a distance of one hundred fifty (150) feet to Summit Alley; thence by said Alley, South seventy-two (72) degrees West, a distance of forty (40) feet to Lot #8; thence by said Lot, South eighteen (18) degrees East, a distance of one hundred fifty (150) feet to Main Street; thence by said Street, North seventy-two (72) degrees East, a distance of forty (40) feet to the place of BEGINNING. BEING Lot #7 in the general plan of the Village of Bowmansdale, of which the above distance in feet is understood to be more or less, having thereon erected a two and one-half story frame dwelling being known and municipally numbered as 12 West Lisburn Road, Bowmansdale, PA 17008. UNDER AND SUBJECT, NEVERTHELESS, to an Easement Agreement recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 690, at page 1713, and easements and restrictions of record. TITLE TO SAID PREMISES IS VESTED IN William K. Coleman, single man, by Deed from Bonnie S. Davis, single person, dated 04116/2003, recorded 04/2312003, in Deed Book 256, page 3392. PREMISES BEING: 12 WEST LISBURN ROAD, BOWMANSDALE, PA 17008 PARCEL NO. 42-30-2114-005 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-1834 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff (s) From WILLIAM K. COLEMAN (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 $54,563.31 L.L. $.50 Interest FROM 5/20/08 - 9/03/08 (PER DIEM - $8.97) - $959.79 AND COSTS Atty's Comm % Atty Paid $157.56 Plaintiff Paid Date: MAY 28, 2008 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs ADD'L COSTS - $2,006.50 '2'jw, --X2 W-4 ;6w, C . Long, otary By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #63 On May 29, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 12 West Lisburn Rd., Bowmansdale more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. cz=3 694 Date: May 29, 2008 By: Real Estate Sergeant 01:11V 6Z Ow 8661 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: July 18, July 25, and August 1, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, SWORN TO AND SUBSCRIBED before me this 1 day of August, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commisslon Expires Apr 28, 2010 RZAL FBTATE BALE NO. 63 Writ No. 2008-1834 Civil Chase Home Finance LLC s/b/m to Chase Manhattan Mortgage Corporation VS. William K. Coleman Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Village of Bow- mansdale, Township of Upper Allen, County of Cumberland, and Com- monwealth of Pennsylvania, being more particularly bounded and de- scribed as follows, to wit: BEGINNING at a corner on Lot #6 and West Main Street; thence by said lot, North eighteen (18) degrees West, a distance of one hundred fifty (150) feet to Summit Alley; thence by said Alley, South seventy-two (72) degrees West, a distance of forty (40) feet to Lot #8; thence by said Lot, South eighteen (18) degrees East, a distance of one hundred fifty (150) feet to Main Street; thence by said Street, North seventy-two (72) degrees East, a dis- tance of forty (40) feet to the place of BEGINNING. BEING Lot #7 in the general plan of the Village of Bowmansdale, of which the above distance in feet is understood to be more or less, having thereon erected a two and one-half story frame dwelling being known and municipally numbered as 12 West Lisburn Road, Bowmansdale, PA 17008. UNDER AND SUBJECT, NEVER- THELESS, to an Easement Agree- ment recorded in the Office of the Recorder of Deeds in and for Cum- berland County, Pennsylvania in Miscellaneous Book 690, at page 1713, and easements and restric- tions of record. TITLE TO SAID PREMISES IS VESTED IN William K. Coleman, single man, by Deed from Bon- nie S. Davis, single person, dated 04/16/2003, recorded 04/23/2003, in Deed Book 256, page 3392. PREMISES BEING: 12 WEST LISBURN ROAD, BOWMANSDALE, PA 17008. PARCEL NO. 42-30-2114-005. - The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE Z4ePatriot-News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 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: 07/23/08 07/30/08 08/06/08 Sworn to and subscribed (- L,L - (-, re ` e this 20 day of August, 2008 A.D. Notary Public COMMONWEALTH OF P ??--- ENNSYLVANIA Notarial Sea, C.Sherrie L. Kisner, Notary Public L Y of Harnsbu Dau (r, Coi My C°rtxr,?ssion E)Pres NOV. 26, !_J Mem ber Pennsylvania Ass 1 Association of Notaries Real Estate Sale No. 63 Writ No 2008-1834 Civil Term Chase Home Finance LLC, srolm to Chase Manhattan Mortgage Corporation VS William K. Coleman Attorney Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Village of Bowmansdale, Township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a comer on Lot #6 and West Main Street; thence by said lot, North eighteen (18) degrees West, a distance of one hundred fifty (150) feet to Summit Alley; thence by said Alley, South seventy-two (72) degrees West, a distance of forty (40) feet to Lot #8; thence by said Lot, South eighteen (18) degrees East, a distance of one hundred fifty (150) feet to Main Street; thence by said Street, North seventy-two (72) degrees East, a distance of forty (40) feet to the place of BEGINNING. BEING Lot #7 in the general plan of the Village of Bowmansdale, of which the above distance in feet is understood to be more or less, having thereon erected a two and one-half story frame dwelling being known and milmci(MBy numbered as 12 West Lisburn Road, Bowmansdale, PA 17008. UNDER ANDSUNECT, NEVERTHFd.FSS, to an Easement Agreement recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 690, at page 1713, and easements and restrictions of record. TITLE TO SAID PREMISES IS VESTED IN William K. Coleman, single man, by Deed from Bonnie S. Davis, single person, dated 04116/ 2003, recorded 04/23/2003, in Deed Book 256.. page 3392. PREMISES BEING: 12 WEST LISBURN ROAD, BOWMANSDALE, PA 17008 PARCEL NO. 42-30-2114-M