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HomeMy WebLinkAbout08-2219PHELAN HALLINAN AND SCHMIEG, L.L.P. BY: DANIEL G. SCHMIEG, ESQUIRE ATTORNEY I.D. NO. 62205 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 Plaintiff VS. PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 08-2219 CIVIL TERM NOTICE OF PRESENTATION You are hereby notified that the attorney for the Plaintiff will present an Emergency Motion for Postponement of Sheriff's Sale and Memorandum of Law in Support thereof to Court Administration for expedited consideration on Monday, December 8, 2008 at the Cumberland County Courthouse. P eiH linSc ieg, LLP DANIEL G. SCHMIEG, ESQUIRE ATTORNEY FOR PLAINTIFF December 4, 2008 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Daniel G. Schmieg, Esquire Representing Lenders in Pennsylvania and New Jersey* December 4, 2008 PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 RE: WASHINGTON MUTUAL BANK vs. PAMELA A. DUNKLEBERGER Premises Address: 103 PETERSBURG ROAD, CARLISLE, PA 17013 CUMBERLAND COUNTY, NO. 08-2219 CIVIL TERM Dear Defendant, Enclosed please find Plaintiffs Emergency Motion to Postpone Sheriffs Sale, Memorandum of Law in Support thereof, and Certification of Service. Joseph Schalk, Esquire, in Motions Court, will present this Emergency Motion for postponement to Court Administration for immediate consideration on Monday, December 8, 2008. Your rights may be affected. You should read these papers carefully and discuss them with your attorney, if you have one in this matter. If you do not have an attorney, you may wish to consult an attorney. If you do not appear and defend, the Court may issue an Order granting the relief sought. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. rel ours, Michael A. Pellegrino For Phelan Hallinan & Schmieg, LLP *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY 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 #: 176021 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 $59,751.70, together with interest from 04/05/2008 at the rate of $11.99 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. 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 #: 176021 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Petersburg Road at corner of land now or formerly of Bethel Church; thence along the Petersburg Road, a distance of 105 feet, more or less, to a point and line of land now or formerly of Sherwood G. Kepner and Lois Ann Kepner, his wife; thence at right angles to said Petersburg Road in a northeasterly direction, a distance of 140 feet, more or less, to a pipe and lands now or formerly of Lloyd Brenneman; thence in an easterly direction along lands now or formerly of Lloyd Brenneman, Duncan and Bethel Church, a distance of 175 feet, more or less, to a point on the Petersburg Road at the Place of BEGINNING. IT BEING part of Lot No. 10, Section 'D' of the plan of Lots known as 'Bonny Heights', as recorded in the hereinafter named Recorder's Office in Plan Book No. 2, Page 51, and is improved with a dwelling house which has the mailing address of 103 Petersburg Road, Carlisle, Pennsylvania 17013. UNDER AND SUBJECT, NEVERTHELESS, to all rights of way, easements, restrictions and/or conditions of record. PARCEL NO. 40-22-0489- 101 PROPERTY BEING: 103 PETERSBURG ROAD File #: 176021 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Attorney for Plaintiff DATE: la? N C i Fn QJ e- ,? O? - y r ;r C7 .5 G w ZE5 -G T- n S n SHERIFF'S RETURN - REGULAR CASE NO: 2008-02219 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND . WASHINGTON MUTUAL BANK VS DUNKLEBERGER PAMELA A MICHAEL BARRICK Cumberland County,Pennsylva says, the within COMPLAINT DUNKLEBERGER PAMELA A DEFENDANT , at 1444:00 at 103 PETERSBURG ROAD CARLISLE, PA 17013 Sheriff or Deputy Sheriff of aia, who being duly sworn according to law, - MORT FORE was served upon the HOURS, on the 9th day of April 2008 by handing to PAMELA DUNKLEBERGER 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 Service Affidavit Surcharge 'I,???us 18.00 5.00 .00 10.00 .00 33.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 04/10/2008 PHELAN HALLINAN SCH EG By: Deputy Sher ff A. D. PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK Plaintiff VS. PAMELA A. DUNKLEBERGER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2219 CIVILTERM 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 r By: Francis S. Hallinan, E uire Date: 3 -f O g PHS #: 176021 c ? . 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 WASHINGTON MUTUAL BANK Plaintiff VS. PAMELA A. DUNKLEBERGER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2219 CIVILTERM 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: PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 Date: Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff r By: Francis S. Hallinan, squire i VERIFICATION Amy Weis hereby states that he/she is PQ P of WASHINGTON MUTUAL BANK, 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 Ila. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: Obi Company: WASHINGTON MUTUAL BANK Loan:5935047125 File #: 176021 4 r ?? C.r ? ?? ? 9? ? 1S ?f'?. ?t..? ^'? e r""1 ? ? ?'j? , ?/. a. ?ti A ? ,1 , , ;a?? ?? ?.? PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station - Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Attorney for Plaintiff (215) 56O WASHINGTON MUTUAL BANK 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 Plaintiff, V. PAMELA A. DUNKLEBERGER ERIE COUNTY COURT OF COMMON PLEAS CIVIL DIVISION 103 PETERSBURG ROAD NO. 08-2219 CIVIL TERM CARLISLE, PA 17013 , Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against PAMELA A. DUNKLEBERGER, Defendant(s), for failure to file an Answer to Plaintiff's Complaint within twenty (20) days from service thereof and for foreclosure and sale of the mortgaged premises and assess Plaintiff's damages as follows: As set forth in the Complaint $59,751.70 Interest - 04/06/2008 - 05/22/2008 $563.53 TOTAL 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. '6 ` DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. /1"Z/ DATE: 'r DR T-M ?4j' 176021 PROP THY Ap? PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 Plaintiff, V. PAMELA A. DUNKLEBERGER Defendant(s). ERIE COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2219 CIVIL TERM 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 PAMELA A. DUNKLEBERGER is over 18 years of age and resides at 103 PETERSBURG ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQbRE Attorney for Plaintiff • i?HELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) s63- 000 WASHINGTON MUTUAL BANK Plaintiff Vs. PAMELA A. DUNKLEBERGER Defendants TO: PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 DATE OF NOTICE: APRIL 30, 20OR y I G 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 SO EIDMAN, Legal Assistant ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY :NO. 08-2219 CIVIL TERM C r 06 r ? -i vl ? (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF ERIE COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 Plaintiff, V. PAMELA A. DUNKLEBERGER Defendant(s). ERIE COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2219 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on MQm_ oZ 7 ?,DOg By: If you have any questions concerning this m er, please Intact: atu jl'?4 (- 0 'd DANIEL G. SCHMIEG, ES Attorney for Party Filing One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received it 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 alien against property. s PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WASHINGTON MUTUAL BANK Plaintiff, V. No. 08-2219 CIVIL TERM PAMELA A. DUNKLEBERGER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $60,315.23 Interest from 05/23/2008-09/03/2008 (per diem -$9.91) Add'1 Costs TOTAL $563.53 and Costs $1,751.50 $63,097.37 DANIEL G. SCHMIEG, E UIRE 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. 176021 M O r a w a ? oz z O U z w ? COO ? oW a as w ? _ ? ? °z ? y z ? H? ? a w O P a? r" U ? ? x? 3 a w -u b U C? Cf) a? cd E CIS N O iA ' 9u SLR :'- IA- O 00?p0 CC) c' O 0 O UI ? _ ? CG 0 (6 ? ? .. 8\3 la f o O .? WASHINGTON MUTUAL BANK Plaintiff, V. PAMELA A. DUNKLEBERGER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2219 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASHINGTON MUTUAL BANK, 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 PETERSBURG ROAD. CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 PETERSBURG ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 27, 2008 DATE DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff C:? Cry .. co ;_. cr; ?c PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK Plaintiff, V. , PAMELA A. DUNKLEBERGER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2219 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: Q 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. Dmd' DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff j:. -71 h7 - co ""J I WASHINGTON MUTUAL BANK Plaintiff, V. PAMELA A. DUNKLEBERGER Defendant(s). CUMBERLAND COUNTY No. 08-2219 CIVIL TERM May 27, 2008 TO: PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 103 PETERSBURG ROAD, CARLISLE, PA 17013, 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 $60,315.23 obtained by WASHINGTON MUTUAL BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Petersburg Road at corner of land now or formerly of Bethel Church; thence along the Petersburg Road, a distance of 105 feet, more or less, to a point and line of land now or formerly of Sherwood G. Kepner and Lois Ann Kepner, his wife; thence at right angles to said Petersburg Road in a northeasterly direction, a distance of 140 feet, more or less, to a pipe and lands now or formerly of Lloyd Brenneman; thence in an easterly direction along lands now or formerly of Lloyd Brenneman, Duncan and Bethel Church, a distance of 175 feet, more or less, to a point on the Petersburg Road at the Place of BEGINNING. IT BEING part of Lot No. 10, Section 'D' of the Plan of Lots known as 'Bonny Heights', as recorded in the hereinafter named Recorder's Office in Plan Book No. 2, Page 51, and is improved with a dwelling house which has the mailing address of 103 Petersburg Road, Carlisle, Pennsylvania 17013. TITLE TO SAID PREMISES IS VESTED IN Pamela A. Dunkleberger, by Deed from James Nesbit, executor of the Estate of the Last Will and Testament of Janet M. Danner, dated 08/08/1997, recorded 08/12/1997, in Deed Book 162, page 698. PREMISES BEING: 103 PETERSBURG ROAD, CARLISLE, PA 17013 PARCEL NO. 40-22-0489-101 f WASHINGTON MUTUAL BANK Plaintiff, V. PAMELA A. DUNKLEBERGER Defendant(s). CUMBERLAND COUNTY No. 08-2219 CIVIL TERM May 27, 2008 TO: PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 77EMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 103 PETERSBURG ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on Seatember 3,2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $60,315.23 obtained by WASHINGTON MUTUAL BANK (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. i 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 • ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Petersburg Road at corner of land now or formerly of Bethel Church; thence along the Petersburg Road, a distance of 105 feet, more or less, to a point and line of land now or formerly of Sherwood G. Kepner and Lois Ann Kepner, his wife; thence at right angles to said Petersburg Road in a northeasterly direction, a distance of 140 feet, more or less, to a pipe and lands now or formerly of Lloyd Brenneman; thence in an easterly direction along lands now or formerly of Lloyd Brenneman, Duncan and Bethel Church, a distance of 175 feet, more or less, to a point on the Petersburg Road at the Place of BEGINNING. IT BEING part of Lot No. 10, Section 'D' of the Plan of Lots known as 'Bonny Heights', as recorded in the hereinafter named Recorder's Office in Plan Book No. 2, Page 51, and is improved with a dwelling house which has the mailing address of 103 Petersburg Road, Carlisle, Pennsylvania 17013. TITLE TO SAID PREMISES IS VESTED IN Pamela A. Dunkleberger, by Deed from James Nesbit, executor of the Estate of the Last Will and Testament of Janet M. Danner, dated 08/08/1997, recorded 08/12/1997, in Deed Book 162, page 698. PREMISES BEING: 103 PETERSBURG ROAD, CARLISLE, PA 17013 PARCEL NO. 40-22-0489-101 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2219 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, Plaintiff (s) From PAMELA A. DUNKLEBERGER (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 $60,315.23 L.L.$ 0.50 Interest from 5/23/08 to 9/03/08 (per diem - $9.91) - $563.53 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $152.00 Other Costs $1,751.50 Plaintiff Paid Date: 5/28/08 rothonotary (Seal) By: Deputy 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 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL BANK DEFENDANT(S) PAMELA A. DUNKLEBERGER SERVE PAMELA A. DUNKLEBERGER AT: 103 PETERSBURG ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 08-2219 CIVIL TERM ACCT. #176021 Type of Action - Notice of Sheriffs Sale Sale Date: September 3,2008 SERVED Served and made known to 'Po" RA 4 . NIVWLEIS64t4fendant, on the 114 day of J 6(Ne 200j, at ( - 36 , o'clock -m., at I03 NEA956v" RoVp, CkA-L-l SLZ Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: ?/A v1Age 5 s Height ?` Weight Q% Race lit Sex F Other 1, IFN/,0 y- 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 Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 13 day of 5??- "?. , 2001. Nota BY; OWX • WOW AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTARY PUBLIC STATE OF NEW JERSEY NOT SERVED MY COMMISSION EXPIRES 1012512012 On the day of , 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Ist Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200_. Notary: Vacant 2nd Attempt: / / Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 a q v? ? t:? .:? _? ?l .; .? ? ? Lm? :_ ?rA ? . _ 6?. r1! ' ;*?3 , ,?- _? ? ?? ??. SALE DATE: September 3,2008 I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK VS. PAMELA A. DUNKLEBERGER No.: 08-2219 CIVIL TERM 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: 103 PETERSBURG ROAD, CARLISLE, PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ESQUI Attorney for Plaintiff July 24, 2008 .r. O C7 c ? O_ ? 'C3 U mO ' U w •? aa?b a0?°a rz - o z<0 dIZ ?a3 ? w ° } £016 L 3 O p?08 LZb Z 2 g•_ 800 ozAA 7 - o ~ • s3mo* I g 5 v?i ? '' b vi `?' ggE odv83 w E V E F? ' C O V ? •a A ? Y 41 W ? . V U O O a ? a E F ? E G ? G k 0.F m x E y u? Ew p o m r. _ ° ? F u C) = bog_ > H o `o F O w E N g.GG E•o . 04 00 In o y y p (.Lq O o ua w a y ? z -d a 3 w a ? c 5 ? x > a A s v o > W O N a $ w cn IV N 4 a° w do z f-+ ? W ?' 11 O ? 2 Q ? ? w v " 3 ° C7 a1 V AWM •T -- ?5 z0M P, ON •r W a?z° ?o a ?? ? ? 9¢ [ ?z'nd U a a i a oo o A U ¢¢ 3 N 5 co w 3 a C °° x ¢ ¢ o c W 0 O X cn 1- Ca/] ?? z O ?" w oc s Eii 0 .8 .0 z v = PL4 a . ' w `m w ¢M z ¢w d a? A z .- N M d' Vl ?D P? 00 O\ O N ?' • N ? M rl rl N rl 0 J [- ..1 c ' ;at CD - 1" t 7 '? - C 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 WASHINGTON MUTUAL BANK Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County PAMELA A. DUNKLEBERGER No. 08-2219 CIVILTERM 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: Plaintiff commenced this foreclosure action by filing a Complaint on April 8, 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 27, 2008 in the amount of $60,315.23. 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 October 1, 2008. 5. 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 $58,329.52 Interest Through October 1, 2008 $4,374.72 Per Diem $11.99 Late Charges $189.92 Legal fees $1,325.00 Cost of Suit and Title $801.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $8.90 Appraisal/Brokers Price Opinion $95.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($200.00) Escrow Deficit $940.74 TOTAL $65,865.30 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. 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 Defendant on September 19, 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: 103) ieg, L LP P I 11' Aord By: Michele M. Braquire Attorney for 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 WASHINGTON MUTUAL BANK Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County PAMELA A. DUNKLEBERGER No. 08-2219 CIVILTERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE PAMELA A. DUNKLEBERGER 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 PETERSBURG ROAD, CARLISLE, PA 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, 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 Sheriff s 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: <)b e linan & S ieg, LLP By: Michele M. Bradford, Es ire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 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 176021 WASHINGTON MUTUAL BANK 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 V. Plaintiff PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 0 Rt 1z m. ?v a ?O ?c o 9 C) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0 'r, CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSTdharehy acuity the within to be, a true and ATTORw Fu cow - correct copy cif the original filed of rQ001d PL . WE?ORX File #: 176021 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 #: 176021 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File N: 176021 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 #: 176021 I. Plaintiff is WASHINGTON MUTUAL BANK 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 2. The name(s) and last known address(es) of the Defendant(s) are: PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/08/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1399, Page 68. By Assignment of Mortgage recorded 02/16/1999 the mortgage was assigned to PNC MORTGAGE CORPORATION OF AMERICA which Assignment is recorded in Assignment of Mortgage Book No. 603, Page 723. The 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 #: 176021 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. 6. The following amounts are due on the mortgage: Principal Balance $58,329.52 Interest $1.00 10/01/2007 through 04/05/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $166.18 08/08/1997 to 04/05/2008 Cost of Suit and Title Search 550.00 Subtotal $60,296.70 Escrow Credit ($545.00) Deficit $0.00 Subtotal 545.00 TOTAL $59,751.70 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 #: 176021 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 #: 176021 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 $59,751.70, together with interest from 04/05/2008 at the rate of $11.99 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. LAWRENCE T. PHELAN, ESQUIRE uAANCIS 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 #: 176021 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Petersburg Road at corner of land now or formerly of Bethel Church; thence along the Petersburg Road, a distance of 105 feet, more or less, to a point and line of land now or formerly of Sherwood G. Kepner and Lois Ann Kepner, his wife; thence at right angles to said Petersburg Road in a northeasterly direction, a distance of 140 feet, more or less, to a pipe and lands now or formerly of Lloyd Brenneman; thence in an easterly direction along lands now or formerly of Lloyd Brenneman, Duncan and Bethel Church, a distance of 175 feet, more or less, to a point on the Petersburg Road at the Place of BEGINNING. IT BEING part of Lot No. 10, Section'D' of the plan of Lots known as 'Bonny Heights', as recorded in the hereinafter named Recorder's Office in Plan Book No. 2, Page 51, and is improved with a dwelling house which has the mailing address of 103 Petersburg Road, Carlisle, Pennsylvania 17013. UNDER AND SUBJECT, NEVERTHELESS, to all rights of way, easements, restrictions and/or conditions of record. PARCEL NO. 40-22-0489-101 PROPERTY BEING: 103 PETERSBURG ROAD File k: 176021 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. J ` Attorney for Plaintiff DATE: /!Dj> Exhibit "B" PHELAN HALLINAN & SCf1NIIEG, LLP By. DANIEL G. SCHNIIEG Identification No. 62205 One Penn Center at Suburban Station - Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Attorney for Plaintiff (21.4) Sh3-7Q= WASHINGTON MUTUAL BANK 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 Plaintiff, V. PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 Defendant(s). PLEAS Rftjjj ERIE COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2219 CIVIL TEIA o PLEASE RMRN PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGUR p TO THE PROTHONOTARY: 01 rn Kindly enter an in rem judgment in favor of the plaintiff and against PAMELA A. DUNIC.EBERGER, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within twenty (20) days from service thereof and for foreclosure and sale of the mortgaged premises and assess Plaintiff s damages as follows: As set forth in the Complaint $59,751.70 Interest - 04/06/2008 - 05/22/2008 $563.53 TOTAL IC60- 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 attach A ? Y FILE C0 y DANIEL G. SCHMIEG, QUIRE ASE RETURN Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 7 PRO FROTHY __---4--/ 176021 Exhibit "C" 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 September 19, 2008 PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 RE: WASHINGTON MUTUAL BANK vs. PAMELA A. DUNKLEBERGER Premises Address: 103 PETERSBURG ROAD CARLISLE, PA 17013 CUMBERLAND County CCP, No. 08-2219 CIVILTERM 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 Wednesday, September 24, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ve 07 qM.for, the a Esquire For Phelan Hallinan & Schmieg, LLP Enclosure °o 'IT a? a W o u Q ? t? as 0.0 C ? zeo a pp ? U p Cy O G 'u N O 1W L 3003dIZ WOaj031 r ,c 0 80? 3S Ol08LWL O .? ?._ U ? z x C o G i v mow. El O,., .. 5 $ N 6?,o w N dCy ? ? O b ? OVD a N _ 'O N y , U 0 >?p? > O O ? O W W C vt G o ° O ? a ? E rn v ? o ?? G? ..l F O n ? y??i M W / O .. D G? W > u M i a . 0 ( p. o y O V W a a° uEa ? vi W a h ? A .9 o Q a w y .812°. CA M t ? s ~ z? co a °a i z x c ?` ? d Z .4 a ?.) -- N c•n V V•1 ?O t? 00 O? .N. cn ?h V7 F cG t?- 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: b By: WEBiracfford-,-P-squ Attorney for Plaintiff g, LLP ichel ire 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 WASHINGTON MUTUAL BANK Plaintiff vs. PAMELA A. DUNKLEBERGER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2219 CIVILTERM 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. PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 DATE: V?/b6 e 44?ieg, LLP By: is ele r ford, squire Attorney for Plaintiff ?? c?. -sit ?Mr? -?- -? ; z ;-, ;?=? t.;x ? e' ?? ..-r^t _'T C.??.7 ' Y ;?;a ??-?„ SFP 3 0 2008 (9, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WASHINGTON MUTUAL BANK vs. Plaintiff PAMELA A. DUNKLEBERGER Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 08-2219 CIVILTERM 1 RULE AND NOW, this l s r day of L 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. II r I w'it? 2n d??SL d?'? ?7tll ?dc.? Rule Returnable ora--tl°re a?, of 20? at ;„ thA ra Co om o e um er an , Michel e M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradfordna fed he.com I I" ^Allu LC BY THE COURT / J. ./ PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 176021 VtNVAIA ,'S'N ?,'?d iMIJ 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 WASHINGTON MUTUAL BANK Plaintiff vs. PAMELA A. DUNKLEBERGER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2219 CIVILTERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date o was sent to the following individual on the date indicated below.. PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 DATE: 10 ?0 f6 IMicmic I a hmieg, LLP By: ele M. Bradford, Esquire Attorney for Plaintiff ?a trr?,- a V3.,Y, rnr T M ? ? ?-+ityf 1 4., ?? 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 WASHINGTON MUTUAL BANK Plaintiff VS. PAMELA A. DUNKLEBERGER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2219 CIVILTERM MOTION TO MAKE RULE ABSOLUTE WASHINGTON MUTUAL BANK, 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: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on September 29, 2008. 3. A Rule was entered by the Court on or about October 1, 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 October 10, 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 October 21, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. C) :2 b U DATE: 10101 Ch 1 11'nan S hmieg, LLP By: T hele M. Bradfor , 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 WASHINGTON MUTUAL BANK Plaintiff VS. PAMELA A. DUNKLEBERGER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2219 CIVILTERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on September 29, 2008. A Rule was entered by the Court on or about October 1, 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 October 10, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 21, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Mh1i Schmieg, LLP DATE: ? By: cee . Bradfo , Esquire Attorney for Plaintiff Exhibit "A" SFP 3 0 2008 (Q,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WASHINGTON MUTUAL BANK Plaintiff vs. PAMELA A. DUNKLEBERGER Court of Common Pleas Civil Division CUMBERLAND County No. 08-2219 CIVILTERM Defendant l RULE AND NOW, this 1 S ` 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. {' II r Ni w' i?t-, 2.-n I?) s ? ( L d?ii- 27 11 a-) J e-) Rule Returnable off-- gay ?f 200 at ;,, +t,A ?aa;,, Co om o e um er an , BY THE COURT J. Michele M. Bradford, Esquire PAMELA A. DUNKLEBERGER Phelan Hallinan & Schmieg, LLP 103 PETERSBURG ROAD 1617 JFK Boulevard, Suite 1400 CARLISLE, PA 17013 Philadelphia, PA 19103 TEL: (215) 563-7000 s ?` "i om ? FAX: (215) 563-3459 michele.bradfordna.fedphe.com a lr `lisl : " wz,,i + I two umt- -,ot mi hart CW* t'I c. ; cz-14, Pa 176021 1f 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 WASHINGTON MUTUAL BANK Plaintiff,<' ti VS. PAMELA A. DUNKLEBERGER C rv c? C u' M ?_ tra ' --? M ATTORNEY FOR PLAINTIFF ° Court of Common Pleas Civil Division CUMBERLAND County No. 08-2219 CIVILTERM Defendant CERTIFICATIph SERVICE I hereby certify that a true and !,-q &t copy of our Motion to Reassess Damages noting a Rule Return date o .® i-vaS s ?o the following individual on the date indicated below.. PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 1 hmieg, LLP ..,? DATE: 10106 Mic ele M. Bradford, Esquire 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. DATE: a e g, LLP C in V By: Esquire Bra ford, 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 WASHINGTON MUTUAL BANK vs. Plaintiff PAMELA A. DUNKLEBERGER Defendant No. 08-2219 CIVILTERM 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. PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 Me i Schmieg, LLP DATE: O V By: e M. Bradford, Esquire Attorney for Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County ,z i e. 1 OCT 2 7 2008 G,, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK Court of Common Pleas Plaintiff VS. PAMELA A. DUNKLEBERGER Civil Division CUMBERLAND County No. 08-2219 CIVILTERM Defendant ORDER AND NOW, this Z day of U 4-? , 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 $58,329.52 Interest Through October 1, 2008 $4,374.72 Per Diem $11.99 Late Charges $189.92 Legal fees $1,325.00 Cost of Suit and Title $801.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $8.90 Appraisal/Brokers Price Opinion $95.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($200.00) $940.74 $65,865.30 Plus interest from October 1, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT 176021 Z<J 7 'd ?1? g314 OV :9t )IIAW go'er/o/ 6 C :I V;d SZ 100$OOZ PHELAN HALLINAN AND SCHMIEG, L.L.P. BY: DANIEL G. SCHMIEG, ESQUIRE ATTORNEY I.D. NO. 62205 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 vs. PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 08-2219 CIVIL TERM EMERGENCY MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, Phelan Hallinan and Schmieg, L.L.P. petitions this Honorable Court for a two month postponement of its Sheriff's Sale scheduled in the above captioned matter and in support thereof avers the following: 1. The Honorable J. Wesley Oler, Jr. has ruled upon a separate issue in the above captioned matter. 2. On October 27, 2008, Plaintiff's Attorney presented a Motion to Reassess Damages, totaling in the amount of $65,865.30. 3. The Honorable J. Wesley Oler Jr. granted the Motion To Reassess Damages. 4. A Sheriff's Sale of the mortgaged property involved herein has been scheduled for December 10, 2008. 5. The Plaintiff wishes to postpone the sale of the property as a result of the upcoming holiday season. 6. Inasmuch as this Emergency motion is for the benefit of the Defendant, we feel that the Emergency Motion can be acted on without the concurrence of the Defendant; however, Defendant was notified by overnight delivery of this Emergency Motion, sent December 4, 2008. WHEREFORE, Plaintiff respectfully requests that the Sheriff's Sale of the mortgaged premises be continued to February 4, 2009. AN AND WHMMG, L.L.P. BY: D . CHMIEG, ESQUIRE ATTORNEY FOR PLAINTIFF PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 vs. PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 08-2219 CIVIL TERM PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sheriffs Sale of real property by special order of Court. In the case sub judice, a Sheriffs Sale of the mortgaged premises has been scheduled for December 10, 2008. However, a two-month postponement is requested in observance of the holidays. Inasmuch as the postponement will inure to the benefit of the Defendant, Defendant will not be injured by issuance of this holiday moratorium. Accordingly, Plaintiff respectfully requests a two-month continuance of the Sheriff's Sale of the mortgaged premises to the February 4, 2009 sale. RESPECTFULLY SUBMITTED: , LLP DANIEL G. SC , ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby states that he is the attorney for the plaintiff in this action, that he is authorized to take this verification, and that the statements made in the foregoing Emergency Motion for Postponement of Sheriffs Sale are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to a6-cities. Date: DANIEL G. SCHMIEG, ESQUIRE ATTORNEY FOR PLAINTIFF PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 vs. PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 08-2219 CIVIL TERM CERTIFICATION OF SERVICE I, DANIEL G. SCHMIEG, ESQUIRE hereby certify that a copy of the Emergency Motion for Postponement of Sheriffs Sale has been sent via overnight mailing to the individual indicated below on December 4, 2008. PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 , LLP ATTORNEY FOR PLAINTIFF PHELAN HALLINAN AND SCHMIEG, L.L.P. BY: DANIEL G. SCHMIEG, ESQUIRE ATTORNEY I.D. NO. 62205 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 Plaintiff VS. PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 08-2219 CIVIL TERM NOTICE OF PRESENTATION You are hereby notified that the attorney for the Plaintiff will present an Emergency Motion for Postponement of Sheriff's Sale and Memorandum of Law in Support thereof to Court Administration for expedited consideration on Monday, December 8, 2008 at the Cumberland County Courthouse. P e n H lina z Sc ieg, LLP DANIEL G. SCHMIEG, ESQUIRE ATTORNEY FOR PLAINTIFF December 4, 2008 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Daniel G. Schmieg, Esquire December 4, 2008 Representing Lenders in Pennsylvania and New Jersey* PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 RE: WASHINGTON MUTUAL BANK vs. PAMELA A. DUNKLEBERGER Premises Address: 103 PETERSBURG ROAD, CARLISLE, PA 17013 CUMBERLAND COUNTY, NO. 08-2219 CIVIL TERM Dear Defendant, Enclosed please find Plaintiffs Emergency Motion to Postpone Sheriffs Sale, Memorandum of Law in Support thereof, and Certification of Service. Joseph Schalk, Esquire, in Motions Court, will present this Emergency Motion for postponement to Court Administration for immediate consideration on Monday, December 8, 2008. Your rights may be affected. You should read these papers carefully and discuss them with your attorney, if you have one in this matter. If you do not have an attorney, you may wish to consult an attorney. If you do not appear and defend, the Court may issue an Order granting the relief sought. Should you have fii Cher questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ve ly ours, Michael A. Pellegrino For Phelan Hallinan & Schmieg, LLP *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY ?Yc- n -c?. ? ,_:. ? ., «? •, ? --x= ?,- .??' ? .?- .??? DEC 0 ,.j' 2008 WASHINGTON MUTUAL BANK 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 VS. PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 08-2219 CIVIL TERM ORDER AND NOW, this day of 2008, after consideration of Plaintiffs Emergency motion to Postpone Sheriffs Sale of the mortgaged property, it is hereby ORDERED that the said sale is extended to the regularly scheduled Cumberland County Sheriffs Sale dated February 4, 2009. No further advertising or additional notice to lien holders or defendant is required. BY THE COURT: PAMELA A.DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 32256 TELEPHONE: N/A FAX: N/A EIL: N/A JOSEPH P. SCHALK, ESQUIRE PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 TELEPHONE: 215-563-7000 XT 1366 r r.??tlo8 AINI 9 1 :1 Wd 6- 330 OOOZ AHVICYN'UrlliOdd 34U -40 PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK Plaintiff vs PAMELA A. DUNKLEBERGER Defendant TO THE PROTHONOTARY: Court of Common Pleas : I Civil Division CUMBERLAND County : I No. 08-2219-CIVIL TERM PHS# 176021 PRAECIPE Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please mark judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. /I A Date: Tanuary 20, 2009 Attorney for Plaintiff C? ? _ ' lx .? - ?r r Washington Mutual Bank In the Court of Common Pleas of VS Cumberland County, Pennsylvania Pamela A. Dunkleberger Writ No. 2008-2219 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on June 09, 2008 at 2015 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: Pamela A. Dunkleberger, by making known unto Pamela Dunkleberger personally, at 103 Petersburg Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies of the same. Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 21, 2008 at 1825 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Pamela A. Dunkleberger located at 103 Petersburg Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Pamela A. Dunkleberger by regular mail to her last known address of 103 Petersburg Road, Carlisle, PA 17013. This letter was mailed under the date of July 15, 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 $30.00 Poundage 1376.51 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 10.00 Levy 15.00 Surcharge 20.00 Post Pone Sale 60.00 Law Journal 355.00 Patriot News Share of Bills 327.59 17.64 $ 2,244.24 ?p1p? q A1,7`0 so a R. Thomas Kline, Sheriff BY -- $x'6044 tog 0.403 Real Estate Coordinator WASHINGTON MUTUAL BANK Plaintiff, V. PAMELA A. DUNKLEBERGER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2219 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASHINGTON MUTUAL BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHNHEG, 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 PETERSBURG ROAD. CARLISLE. PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name PAMELA A. DUNKLEBERGER Last Known Address (if address cannot be reasonably ascertained, please indicate) 103 PETERSBURG ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: 001/002 06/03/2008 15:21 FAX k' k' WASHUYGTON MUTUAL BANK CUMBERLAND COUNTY Plaintiff, v. No. 08-2219 CIVIL TERM PAMELA A. DUNKLEBERGER Defendant(s). May 27, 2008 TO: PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, PA 17013 "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 ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at, 103 PETERSBURG ROAD, CARLISLE, PA 17011is 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 60S .315.23 obtained by WASHINGTON MUTUAL BANK (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 Sheriff s Sale, you must take immediate action: I. 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: j215) 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. PAGE. 01 TI IN M7 ;)22R 15:19 06/03/2008 15:21 FAX Z002/002 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 We 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 (I0) 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. 11F 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 JUN 03 2009 15:20 PAGE.02 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Petersburg Road at corner of land now or formerly of Bethel Church; thence along the Petersburg Road, a distance of 105 feet, more or less, to a point and line of land now or formerly of Sherwood G. Kepner and Lois Ann Kepner, his wife; thence at right angles to said Petersburg Road in a northeasterly direction, a distance of 140 feet, more or less, to a pipe and lands now or formerly of Lloyd Brenneman; thence in an easterly direction along lands now or formerly of Lloyd Brenneman, Duncan and Bethel Church, a distance of 175 feet, more or less, to a point on the Petersburg Road at the Place of BEGINNING. IT BEING part of Lot No. 10, Section 'D' of the Plan of Lots known as 'Bonny Heights', as recorded in the hereinafter named Recorder's Office in Plan Book No. 2, Page 51, and is improved with a dwelling house which has the mailing address of 103 Petersburg Road, Carlisle, Pennsylvania 17013. TITLE TO SAID PREMISES IS VESTED IN Pamela A. Dunkleberger, by Deed from James Nesbit, executor of the Estate of the Last Will and Testament of Janet M. Danner, dated 08/0811997, recorded 0811211997, in Deed Book 162, page 698. PREMISES BEING: 103 PETERSBURG ROAD, CARLISLE, PA 17013 PARCEL NO. 40-22-0489-101 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-2219 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, Plaintiff (s) From PAMELA A. DUNKLEBERGER (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 $60,315.23 L.L.$ 0.50 Interest from 5123108 to 9/03108 (per diem - $9.91) - $563.53 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $152.00 Other Costs $1,751.50 Plaintiff Paid Date: 5/28/08 Prothonota (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #55 On June 03, 2008 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 103 Petersburg Road, Carlisle more fully described on Exhibit "A" M1 filed with this writ and by this reference incorporated herein. Date: June 03, 200$ By: Real Esta a Sergeant S 1 :11 b' b Z AN 0001 33W3HS --li _ The Patriot-Mews Co. 812 Market St. Harrisburg, F'A 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 che PNow 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 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 07130/08 08/06/08 Sworn to and subscribed before me this'20 ?ay,vf August, 2008 A.D. Notary Publi r COMMONWEALTH OF PE14NSYLVANIA Notarial Seal Shorrie L Kisner, Notary Public; City Of Harrisburg, Dauphin county L MY Cwwnbsin free Nov. 26, 2011 Member. Pennayivanls Assoclstlon of Notaries Real Estate Sale No. 55 Writ No. 2008-2219 Civil Term Washington Mutual Bank VS Pamela A. Dunkleberger Attorney Daniel Schmieg LEGAL DESCRIPTION ALLTHAT CERTAIN tot of ground with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Petersburg Road at comer of land now or formerly of Bethel Church; thence along the Petersburg Road, a distance of 105 feet, more or less, to a point and line of land now or formerly of Sherwood G. Kepner and Lois Ann Kepner, his wife; thence at right angles to said Petersburg Road in a northeasterly direction, a distance of 140 feet, more or less, to a pipe and lands now or formerly of Lloyd Brenneman; thence in an easterly direction along lands now or formerly of Lloyd Brenneman, Duncan and Bethel Church, a distance of 175 feet, more or less, to a point on the Petersburg Road at the Place of BEGINNING. IT BEING part of Lot No. 10, Section `D' of the Plan of Lots known as 'Bonny Heights', as recorded in the hereinafter named Recorder's Office in Plan Book No. 2, Page 51 , and is improved with a dwelling house which has the mailing address of 103 Petersburg Road Carlisle, Pennsylvania 17013. TITLE TO SAID PREMISES IS VESTED IN Pamela A. Dunkleberger, by Deed from James Nesbit, executor of the Estate of the Last Will and Testament of Janet M. Danner, dated 081081 1997, recorded 08/12/1997, in Deed Book 162, page 698. PREMISES BEING: 103 PETERSBURG ROAD, CARLISLE, PA 17013 PARCEL NO. 40-22-0489-101 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. R-'- --- Marie Co . Editor SWORN TO AND SUBSCRIBED before me this ---L -day of August, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Me" no t= Mii J10. " Writ No. 2008-2219 Civil Washington Mutual Bank VS. Pamela A. Dunkleberger Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows: BEGINNING at a point on the Petersburg Road at corner of land now or formerly of Bethel Church; thence along the Petersburg Road, a distance of 105 feet, more or less, to a point and line of land now or formerly of Sherwood G. Kepner and Lois Ann Kepner, his wife; thence at right angles to said Petersburg Road in a northeasterly direction, a distance of 140 feet, more or less, to a pipe and lands now or formerly of Lloyd Brenneman; thence in an easterly direction along lands now or formerly of Lloyd Brenneman, Dun- can and Bethel Church, a distance of 175 feet, more or less, to a point on the Petersburg Road at the Place of BEGINNING. IT BEING part of Lot No. 10, Sec- tion D' of the Plan of Lots known as Bonny Heights', as recorded in the hereinafter named Recorder's Office in Plan Book No. 2, Page 51, and is improved with a dwelling house which has the mailing address of 103 Petersburg Road, Carlisle, Pennsyl- vania 17013. TITLE TO SAID PREMISES IS VESTED IN Pamela A. Dunkleberger, by Deed from James Nesbit, execu- tor of the Estate of the Last Will and Testament of Janet M. Danner, dated 08/08/1997, recorded 08/ 12/ 1997, in Deed Book 162, page 698. PREMISES BEING: 103 PE- TERSBURG ROAD, CARLISLE, PA 17013. PARCEL NO. 40-22-0489-101.