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HomeMy WebLinkAbout08-3627 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 LAUREN R. TABAS, ESQ., Id. No. 93337 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 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 180002 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34475-9078 V. Plaintiff CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER 3 SUSSEX DRIVE CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION 4 TERM NO. DS-,3&,a7 0'iv; I -Fem CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 180002 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 He #: 180002 1 , 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 #: 180002 i 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 #: 180002 Plaintiff is TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34475-9078 2. The name(s) and last known address(es) of the Defendant(s) are: CRAIG B. KISSINGER A/K/A CRAIG B. KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER 3 SUSSEX DRIVE CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/11/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200735455. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 180002 6 The following amounts are due on the mortgage: Principal Balance $225,088.40 Interest $6,345.36 01 /01 /2008 through 06/16/2008 (Per Diem $37.77) Attorney's Fees $1,325.00 Cumulative Late Charges $274.32 09/11/2007 to 06/16/2008 Cost of Suit and Title Search 750.00 Subtotal $233,783.08 Escrow Credit $0.00 Deficit $1,126.92 Subtotal $1,126.92 TOTAL $234,910.00 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 180002 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $234,910.00, together with interest from 06/16/2008 at the rate of $37.77 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 HALLRVAN & SCHWEG, LLP By: `1 11-1 If LAWRENCE HEL QUIRE FRANCIS S. HALLINAN, UIRE `'171ANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 180002 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in the Borough of Carlisle, Cumberland County, Pennsylvania, being Lot No. 2, as shown on a Plan entitled, 'Chesterfield (formerly Greystone Manor), Single-Family Residential Development, Final Subdivision/Land Development Plan, Sections 2A,' dated December 8, 2000 by Penn Terra Engineering, Inc., State College, Pennsylvania, and recorded in Cumberland County Plan Book 85, Page 88, being bounded and described as follows: BEGINNING at an iron pin, lying in a northerly right of way line of Sussex Drive (60 foot right of way, 28 foot wide cartway) and being a southeasterly corner of Lot No. 3; thence along said lot North 04 degrees 04 minutes 35 seconds West, 120.00 feet to an irin pin, being a common corner of said lot, Lot No. 6 and Lot No. 7; thence along Lot No. 7 North 85 degrees 55 minutes 25 seconds East, 60.00 feet to an iron pin, lying in a southerly line of said lot and being northwesterly corner of Lot No. 1; thence along Lot No., 1 South 04 degrees 04 minutes 35 seconds East, 120.00 feet to an iron pin, being a southerly corner of said lot and lying in a northerly right of way line of Sussex Drive (60 foot right of way, 28 foot wide cartway); thence along said right of way South 85 degrees 55 minutes 25 seconds West, 60.00 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.165 acres. PARCEL NO. 05-19-1647-260 PROPERTY BEING: 3 SUSSEX DRIVE File #: 180002 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities DATE: 6 ? / 4 "D Y -f 6 00 Q y ?j s'; i '• ;? 'c? LO 9..A CO C 1 1 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03627 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAYLOR BEAN & WHITAKER MORTGAG VS KISSINGER CRAIG B ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named KISSINGER JILL E AKA JILL unable to locate Her in his COMPLAINT - MORT FORE , the within named DEFENDANT KISSINGER -,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT KISSINGER but was bailiwick. He therefore returns the 325 JUNIPER STREET NOT FOUND , as to KISSINGER JILL E AKA JILL CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS Sheriff's Costs: So ans Docketing 6.00 Service 5.00 Not Found 5.00 lr? Thomas Kline Surcharge 10.00 VPHLAN of Cumberland County 00 Jai?IOP 0 HALLINAN SCHMIEG 008 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03627 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAYLOR BEAN & WHITAKER MORTGAG VS KISSINGER CRAIG B ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named KISSINGER CRAIG B AKA CRAIG unable to locate Him in his COMPLAINT - MORT FORE , the within named DEFENDANT KISSINGER -,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT KISSINGER but was bailiwick. He therefore returns the NOT FOUND , as to KISSINGER CRAIG B AKA CRAIG 3 SUSSEX DRIVE CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: So Docketing 18.00 Service 5.00 Not Found _ 5.00 Surcharge 10.00 .00 38.00 0 P Sworn and Subscribed to before me this day of ZLAN . 'rnomas aline of Cumberland County HALLINAN SCHMEIG 6/24/2008 A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-03627 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAYLOR BEAN & WHITAKER MORTGAG VS KISSINGER CRAIG B ET AL DENNIS FRY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KISSINGER CRAIG B AKA CRAIG KISSINGER the DEFENDANT , at 1312:00 HOURS, on the 21st day of June 2008 at 17 LUKE LANE CARLISLE, PA 17013 by handing to CRAIG KISSINGER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 5.00 Affidavit .00 Surcharge 10.00 (? ?? G'U4 9w .00 21. 00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 06/24/2008 PHELAN HALLINAN SCHMIEG By: / ---7 -- eputy eriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-03627 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAYLOR BEAN & WHITAKER MORTGAG VS KISSINGER CRAIG B ET AL DENNIS FRY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KISSINGER JILL E AKA JILL KISSINGER the DEFENDANT , at 1306:00 HOURS, on the 21st day of June 2008 at 3 SUSSEX DRIVE CARLISLE, PA 17013 JILL KISSINGER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 06/24/2008 PHELAN HALLINAN SCHMIEG By: day eputy S r A.D. % v ' , PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff VS. CRAIG B. KISSINGER JILL E. KISSINGER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3627-CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallinan, squire Date: 7/14/08 PHS #: 180002 ra ?- ja . .. ........ s r'. J 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 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff VS. CRAIG B. KISSINGER JILL E. KISSINGER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3627-CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiffs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: JILL E. KISSINGER 3 SUSSEX DRIVE CARLISLE, PA 17013 CRAIG B. KISSINGER 17 LUKE LANE CARLISLE, PA 17013 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ?- Francis S. Hallman, Esquire Date: 7/14/08 C"°? n,7 ?-? ? r? ry r .~3 <?"" 7 i_. . ?,.? ?._ ^-.»+ ?. ??x? .:' _. { ,w. PHELAN HALLINAN & SCHMIEG, L.L.P. -By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34475 9078 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3627-CIVIL TERM CRAIG B. KISSINGER A/K/A CRAIG KISSINGER 17 LUKE LANE CARLISLE, PA 17013 JILL E. KISSINGER A/K/A JILL KISSINGER 3 SUSSEX DRIVE CARLISLE, PA 17013 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against CRAIG B. KISSINGER A/K/A CRAIG KISSINGER and JILL E. KISSINGER A/K/A JILL KISSINGER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $234,910.00 Interest from 06/17/2008 to 08/06/2008 $1,926.27 TOTAL $236,836.27 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. -1 )e DATE: PItO PROTHY b 180002 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schrnieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (715) 563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE : COURT OF COMMON PLEAS CORPORATION Plaintiff Vs. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Defendants : CIVIL DIVISION CUMBERLAND COUNTY NO. 08-3627 CIVIL TERM TO: JILL E. KISSINGER A/K/A JILL KISSINGER 3 SUSSEX DRIVE CARLISLEPA17013 DATE OF NOTICE: JULY 115. 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 %, Brittany Boyer, Legal Assistant PHELAN HALLINAN & SCHMIEG, LLP $y: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (9] 5) 563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE : COURT OF COMMON PLEAS CORPORATION Plaintiff Vs. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Defendants CIVIL DIVISION : CUMBERLAND COUNTY NO. 08-3627 CIVIL TERM TO: CRAIG B. KISSINGER A/K/A CRAIG KISSINGER 17 LUKE LANE CARLISLE, PA 17013 DATE OF NOTICE:,HJLY 15, 2009 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ..e CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET 0> CARLISLE, PA 17013 1 (800)990-9108 Brittany Boyer, Legal Assistant PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE Plaintiff, V. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3627-CIVIL TERM CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant CRAIG B. KISSINGER A/K/A CRAIG KISSINGER is over 18 years of age and resides at, 17 LUKE LANE, CARLISLE, PA 17013. (c) that defendant JILL E. KISSINGER A/K/A JILL KISSINGER is over 18 years of age, and resides at, 3 SUSSEX DRIVE, 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, ESQUIRE. Attorney for Plaintiff 6 JD ILI .mac WD{ 9n r° 4 ..I (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3627-CIVIL TERM Plaintiff, V. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Defendant(s). DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: s vCca EPUTY Q If you have any questions concerning this matter, please contact: CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff, . V. No. 08-3627-CIVIL TERM CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 08/07/2008-12/10/2008 (per diem -$38.93) $236,836.27 $4,905.18 and Costs TOTAL $241,741.45 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE:_ This property is sold 'at the direction of the plaintiff. ,It may not be sold in the absence of a representative of the plaintiffa?t 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. 180002 M N ' M O C ? a ?a z? Z W O w Z 00 [..? >~ co x 00 Q O W W W W QG ID F,, U G4 mod' G7 C.7 ? c Q?-? M i ?w H? ca W ? w Q . H ? L7 a a c? 77 r Y V ? ?/ V r t 5....i l0 ° C.wJ u? cx? L4 Ll *09- ? ``' r6 0) •: a ? ? x ?Y ?4,c cam,} ?' LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in the Borough of Carlisle, Cumberland County, Pennsylvania, being Lot No. 2, as shown on a Plan entitled, 'Chesterfield (formerly Greystone Manor), Single-Family Residential Development, Final Subdivision/Land Development Plan, Sections 2A,' dated December 8, 2000 by Penn Terra Engineering, Inc., State College, Pennsylvania, and recorded in Cumberland County Plan Book 85, Page 88, being bounded and described as follows: BEGINNING at an iron pin, lying in a northerly right of way line of Sussex Drive (60 foot right of way, 28 foot wide cartway) and being a southeasterly corner of Lot No. 3; thence along said lot North 04 degrees 04 minutes 35 seconds West, 120.00 feet to an irin pin, being a common corner of said lot, Lot No. 6 and Lot No. 7; thence along Lot No. 7 North 85 degrees 55 minutes 25 seconds East, 60.00 feet to an iron pin, lying in a southerly line of said lot and being northwesterly corner of Lot No. 1; thence along Lot No., l South 04 degrees 04 minutes 35 seconds East, 120.00 feet to an iron pin, being a southerly corner of said lot and lying in a northerly right of way line of Sussex Drive (60 foot right of way, 28 foot wide cartway); thence along said right of way South 85 degrees 55 minutes 25 seconds West, 60.00 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.165 acres. TITLE TO SAID PREMISES IS VESTED IN Craig Kissinger and Jill Kissinger, by Deed from S & A Homes, Inc. formerly known as S & A Custom Built Homes, Inc., a Pennsylvania Corporation, dated 09/11/2007, recorded 09/11/2007 in Instrument Number 200735454. THIS DEED is executed by Calvin Trimble, Attorney-in-Fact for S&A Custom Built Homes, Inc., pursuant to authority as granted in Power of Attorney as set forth in Misc. Book 724 page 391. PREMISES BEING: 3 SUSSEX DRIVE, CARLISLE, PA 17013 PARCEL NO. 05-19-1647-260 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 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff, V. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER . JILL E. KISSINGER A/K/A JILL KISSINGER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3627-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff r..a! w W ~` TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION CRAIG B. KISSINGER A/K/A CRAIG KISSINGER : JILL E. KISSINGER A/K/A JILL KISSINGER NO. 08-3627-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) TAYLOR. BEAN & WHITAKER MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .3 SUSSEX DRIVE, CARLISLE. PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Last Known Address (if address cannot be reasonably ascertained, please indicate) 17 LUKE LANE CARLISLE, PA 17013 3 SUSSEX DRIVE 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) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 3 SUSSEX DRIVE 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. August 25, 2008 11"V60 ch. ?=k DATE DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff C? Cr% r , 1 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff, V. CUMBERLAND COUNTY No. 08-3627-CIVIL TERM CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Defendant(s). August 25, 2008 TO: CRAIG B. KISSINGER A/K/A CRAIG KISSINGER 17 LUKE LANE CARLISLE, PA 17013 JILL E. KISSINGER A/K/A JILL KISSINGER 3 SUSSEX DRIVE CARLISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 3 SUSSEX DRIVE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $236,836.27 obtained by TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. If 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in the Borough of Carlisle, Cumberland County, Pennsylvania, being Lot No. 2, as shown on a Plan entitled, 'Chesterfield (formerly Greystone Manor), Single-Family Residential Development, Final Subdivision/Land Development Plan, Sections 2A,' dated December 8, 2000 by Penn Terra Engineering, Inc., State College, Pennsylvania, and recorded in Cumberland County Plan Book 85, Page 88, being bounded and described as follows: BEGINNING at an iron pin, lying in a northerly right of way line of Sussex Drive (60 foot right of way, 28 foot wide cartway) and being a southeasterly corner of Lot No. 3; thence along said lot North 04 degrees 04 minutes 35 seconds West, 120.00 feet to an irin pin, being a common corner of said lot, Lot No. 6 and Lot No. 7; thence along Lot No. 7 North 85 degrees 55 minutes 25 seconds East, 60.00 feet to an iron pin, lying in a southerly line of said lot and being northwesterly corner of Lot No. 1; thence along Lot No.,1 South 04 degrees 04 minutes 35 seconds East, 120.00 feet to an iron pin, being a southerly corner of said lot and lying in a northerly right of way line of Sussex Drive (60 foot right of way, 28 foot wide cartway); thence along said right of way South 85 degrees 55 minutes 25 seconds West, 60.00 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.165 acres. TITLE TO SAID PREMISES IS VESTED IN Craig Kissinger and Jill Kissinger, by Deed from S & A Homes, Inc. formerly known as S & A Custom Built Homes, Inc., a Pennsylvania Corporation, dated 09/11/2007, recorded 09/11/2007 in Instrument Number 200735454. THIS DEED is executed by Calvin Trimble, Attorney-in-Fact for S&A Custom Built Homes, Inc., pursuant to authority as granted in Power of Attorney as set forth in Misc. Book 724 page 391. PREMISES BEING: 3 SUSSEX DRIVE, CARLISLE, PA 17013 PARCEL NO. 05-19-1647-260 ? IMP `' ?, ?= n't rte`" - d N _ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3627 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, Plaintiff (s) From CRAIG B. KISSINGER A/K/A CRAIG KISSINGER - JILL E. KISSINGER A/K/A JILL KISSINGER (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 $236,836.27 L.L. $.50 Interest FROM 8/7/08 -12/10/08 (PER DIEM -$38.93) -- $4,905.18 AND COSTS Atty's Comm % Atty Paid $220.00 Plaintiff Paid Date: AUGUST 26, 2008 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Due Prothy $2.00 Other Costs C s R. Long, Pr ry By: Deputy Supreme Court ID No. 62205 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 TAYLOR, BEAN & WHITAKER MORTGAGE Court of Common Pleas CORPORATION Plaintiff Civil Division VS. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER CUMBERLAND County No. 08-3627-CIVIL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on June 17, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on August 7, 2008 in the amount of $236,836.27. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 10, 2008. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $225,088.40 Interest Through December 10, 2007 $12,977.74 Per Diem $37.77 Late Charges $0.00 Legal fees $1,325.00 Cost of Suit and Title $951.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $15.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $4,487.45 TOTAL $244,845.09 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 Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on September 24, 2008 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. 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. 'Y IQ DATE: ?tA bi) a S ieg, LLP By: ichele M. Bradford, quire 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 TAYLOR, BEAN & WHITAKER MORTGAGE Court of Common Pleas CORPORATION Plaintiff Civil Division vs. CUMBERLAND County CRAIG B. KISSINGER A/K/A CRAIG KISSINGER No. 08-3627-CIVIL TERM JILL E. KISSINGER A/K/A JILL KISSINGER Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE CRAIG B. KISSINGER A/K/A CRAIG KISSINGER and JILL E. KISSINGER A/K/A JILL KISSINGER 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 3 SUSSEX DRIVE, 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, Defendants 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 Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa. Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants 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 Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are 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 mortgagors have 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 Sheriff s 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 Defendants 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: D rh 1llinan & c ieg, LLP By: ichele . 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 LAUREN R. TABAS, ESQ., Id. No. 93337 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 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 180002 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34475-9078 V. Plaintiff CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER 3 SUSSEX DRIVE CARLISLE, PA 17013 Defendants n N 4 O F co ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - 34PAl C1vrre.rot CUMBERLAND COUNTY CIVIL ACTION - LAW T]'( COMPLAINT IN MORTGAGE FORECLOSURE PLEASE F rcppy Rk ?` ? s c nr ?G? ??1(J File #: 180002 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 #: 180002 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 #: 180002 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 #: 180002 1. Plaintiff is TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34475-9078 2. The name(s) and last known address(es) of the Defendant(s) are: CRAIG B. KISSINGER A/K/A CRAIG B. KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER 3 SUSSEX DRIVE CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/11/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200735455. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 180002 6. The following amounts are due on the mortgage: Principal Balance $225,088.40 Interest $6,345.36 01/01/2008 through 06/16/2008 (Per Diem $37.77) Attorney's Fees $1,325.00 Cumulative Late Charges $274.32 09/1112007 to 06/16/2008 Cost of Suit and Title Search 750.00 Subtotal $233,783.08 Escrow Credit $0.00 Deficit $1,126.92 Subtotal $1,126.92 TOTAL $234,910.00 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. 8. Plaintiff is not seeking a judgment of personal liability (or an in Mrsonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 180002 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $234,910.00, together with interest from 06/16/2008 at the rate of $37.77 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 HALLIIVAN & SCHIWEG, LLP By: A LAWRENCE HELAd , QUIRE FRANCIS S. HA.LLINAN, UIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENiNE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File M: 180002 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in the Borough of Carlisle, Cumberland County, Pennsylvania, being Lot No. 2, as shown on a Plan entitled, 'Chesterfield (formerly Greystone Manor), Single-Family Residential Development, Final Subdivision/Land Development Plan, Sections 2A,' dated December 8, 2000 by Penn Terra Engineering, Inc., State College, Pennsylvania, and recorded in Cumberland County Plan Book 85, Page 88, being bounded and described as follows: BEGINNING at an iron pin, lying in a northerly right of way line of Sussex Drive (60 foot right of way, 28 foot wide cartway) and being a southeasterly corner of Lot No. 3; thence along said lot North 04 degrees 04 minutes 35 seconds West, 120.00 feet to an irin pin, being a common corner of said lot, Lot No. 6 and Lot No. 7; thence along Lot No. 7 North 85 degrees 55 minutes 25 seconds East, 60.00 feet to an iron pin, lying in a southerly line of said lot and being northwesterly corner of Lot No. 1; thence along Lot No., 1 South 04 degrees 04 minutes 35 seconds East, 120.00 feet to an iron pin, being a southerly corner of said lot and lying in a northerly right of way line of Sussex Drive (60 foot right of way, 28 foot wide cartway); thence along said right of way South 85 degrees 55 minutes 25 seconds West, 60.00 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.165 acres. PARCEL NO. 05-19-1647-260 PROPERTY BEING: 3 SUSSEX DRIVE File #: 180002 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. DATE: (- 'e) Y ?ZO Exhibit "B" PBBZAN UA,LLINAN i SC1RV MG, LLP. ft DANIEL. G. SC1M1+UM Idoduked "PhL 622M Attorney Ior PftbuH ONE PENN CENTER AT SUBURBAN STATION 1617JOHN F. I¢NMKVY BLVD., SUITE 1400 1 : LADELpHIA, PA 19103-1514 TAYLOR, IRAN & VMFAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVL OCALA, FL 34475 9078 CUMBERLAND COUN`IV • COURT OF C009KOM PLEAS CIVIL DIVISION Plain= V. NO. 74MWIL TERM CRAIG B. iOER A1K/A CRAIG 1GIIt 17 LUKE X ANE CARIJBI.Z, PA 17413 JUL L E38MMn A/KIA JII.L xIsmGER 3 SUN= DRIVE CARI.If X PA 17013 Dchad*at(s). FRAECIPE FOR IN TWd JUDGE' FOR FAI LURK TO TO THE PROTHONOTARY: Kindly enter an in rcmjudgmmt in favor of the Plaintiff and s) for to fie an Answer to Plaitmiffs Complaint within 24 days $om servicVft?v&ndaut failure ar l:orulosure and Sale o£the mortgaged premises, and assess PldntifFs damv4pe u follows: As set forth in Complaint $234,914.00 Interest hom 06/1712008 to 08106/2008 51,926.27 TOTAL $236,83127 I hereby certify that (I) the addresses of the Plaintiff and Demos) one as shown above, and (2) that nodm has been given in accar+daace with Rule 237.1. copy aftched. DANIEL 0. SCfIIVM, ESQLUE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS DMICATED. DATE: B 1601PROTHY ism Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey September 24, 2008 CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER 3 SUSSEX DRIVE CARLISLE, PA 17013 RE: TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION vs. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER and JILL E. KISSINGER A/K/A JILL KISSINGER Premises Address: 3 SUSSEX DRIVE CARLISLE, PA 17013 CUMBERLAND County CCP, No. 08-3627-CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Monday, September 29, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V y ftHallinan Michele quir e For Phelan chmieg, LLP Enclosure O C4 ? 0 U z? d ? A a1 ??U ,Qa a N a0 c d 8•orA z?0 appa°'_ V 5 ? 0 y g ;°?UBL E c u ? 20 L6 L 300odiz woai 03iivn 80 t ?Z d3S O LOS IZV'00 E y .? ' &n 1?i? TO ? 1 PH a?i o 0 0 ?M - MP 2 Am 9' bD' N v ° . ? : Fly ? .: ? G ? 7 .+ t0 X E N? nW?" a w ,,??// d Cp? ,CE 8 b ? W v N ? N ? N C ? p o o u ? . tl W (/? " 25 ? ? •a a xi O = H II w,? ?o$b; w Q w G?.Q ? a ?2 ?y > S x O Q o 11 C? ?D a° 0. ° a w ? M ` W -i Lil C 1 ti C7 O ``C7 ? On V) C40 G? r.r ? Q' k Ta 3 Z Q UU U? Z F x i o 0 x x C+. pr o m z c ?l N 1 ? tl- ?D n l oo o 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. ieg, LLP By: DATE: ? b % chele TMBFra?dford, quire 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 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff VS. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-3627-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER 17 LUKE LANE CARLISLE, PA 17013 DATE: CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER 3 SUSSEX DRIVE CARLISLE, PA 17013 i g, LLP By: ichele ire Attorney for Plaintiff ta: uJ P„ ? 1 ? y W LU Cla N V TAYLOR, BEAN & WHITAKER IN THE COURT OF COMMON PLEAS OF MORTGAGE CORPORATION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER : JILL E. KISSINGER A/K/A JILL KISSINGER DEFENDANTS NO. 08-3627 CIVIL ORDER OF COURT AND NOW, this 6`h day of October, 2008, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before October 27, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. Michele M. Bradford, Esquire Attorney for Plaintiff X Craig B. Kissinger Jill E. Kissinger Defendants bas cap Oes rruat I, LL ?o?L ?OB By the Court, ?% -t qA M. L. Ebert, Jr., J. ,r LZ •2 HT 9- M 96OZ AFFIDAVIT OF SERVICE PLAINTIFF TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION DEFENDANT(S) CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER SERVE JILL E. KISSINGER A/K/A JILL KISSINGER AT: 3 SUSSEX DRIVE CARLISLE, PA 17013 CUMBERLAND COUNTY No. 08-3627-CIVII, TERM ACCT. #180002 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 10, 2008 TILL SERVED ,.n Served and made known to '> ? . IC 1 SS M . Defendant, on the ? (? day of w?' , 20(r,, at 5 , o'clock A.m., at 3 _S%4Zr-X 'bAl VF, Q4P_t,16LE , 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: Age Height Weighty Race W Sex Other I, 26 7V*tk AAALA-- , a competent adult, being duly sworn according to law, depose and state that I personally hande 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 71 day of r- _ 2009. No No By: LEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC NOT SERVED y STATE OF NEW JERSEY On thCMMS'0NdV " "12&2012 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this 915) day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of SGOrh*"R . 2009 One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 z(v 6 z =? -?:, ?? tt:r- ..._. #'i7?? _ -..I 'Y .? ?: ?, a s ta" ,? . s+ ?• AFFIDAVIT OF SERVICE PLAINTIFF TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION DEFENDANT(S) CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER CUMBERLAND COUNTY No. 08-3627-CIVIL. TERM ACCT. #180002 Type of Action - Notice of Sheriffs Sale SERVE CRAIG B. KISSINGER A/K/A CRAIG KISSINGER AT: Sale Date: DECEMBER 10, 2008 17 LUKE LANE CARLISLE, PA 17013 SERVED Served and made known to C416 8 . K? ssf N &4;Q, , Defendant, on the 6%t sr day of _S;tTr7N#*2009_, at 9,60 , o'clockp.m., at (7 Lunt. (42vig, 04 "SLR Commonwealth of Pennsylvania, in the manner described below: V/ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: AggeS Height ?n Weight a I5 Race W Sex r` Other I, 'I?gAuq Z j(44 1-(- a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this Z_ day of 6iPf' , 200'K Notary: By: 1. Cam( PL ASE ATT VICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. G©RE J. NOTARY PUBLIC NOT SERVED STATE OF NEW M?WI?g s6125lZ01Z 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: Time: 2"d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this ?fCday DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 5'9A%&AiR 200j One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 2 ? ?3 t.,J ? ?- '"T'E { ?, -...? ' +' :. r i c .? ? _ ti4? 'M "# .: 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 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION vs. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff CUMBERLAND County No. 08-3627-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of b ?,-4 6?5 was sent to the following individual on the date indicated below. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER 17 LUKE LANE CARLISLE, PA 17013 DATE: _L OC) 6`b CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER 3 SUSSEX DRIVE CARLISLE, PA 17013 allin ;chmieg, LLP By: Michele M. Bradfor quire Attorney for Plaintiff r.7 ?, *' ? ?? ? ? ?- z x? ,, ?5?' ? ? 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 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff VS. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-3627-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on October 1, 2008. 3. A Rule was entered by the Court on or about October 6, 2008 directing the Defendants 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. Defendants failed to respond or otherwise plead by the Rule Returnable date of October 27, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: 3 d U Mr ieg, LLP By: is ele M. Bradford, Esquire 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 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff VS. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-3627-CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on October 1, 2008. A Rule was entered by the Court on or about October 6, 2008 directing the Defendants 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 27, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: Tchmieg, LLP By: Michele M. Bradford, quire Attorney for Plaintiff Exhibit "A" TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION PLAINTIFF V. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3627 CIVIL ORDER OF COURT AND NOW, this 6"' day of October, 2008, upon consideration of the Motion to Reassess Damages fled by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before October 27, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ?A JL qA M. L. Ebert, Jr., \1 k J. Michele M. Bradford, Esquire Attorney for Plaintiff Craig B. Kissinger Jill E. Kissinger Defendants bas C,j,.r.'M 'i tit 6, w:r 0?lv 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 (215) 563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE : i CORPORATION Plaintiff vs. - a ° CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Defendants rr : e-s er `' "4 rn Fn E5 om cp ATTORNEY FOR PLAINTI?I; Court of Common Pleas Civil Division CUMBERLAND County No. 08-3627-CIVIL TT CERTIFICATE F SERVICE I hereby certify that a true and coact copy of our Motion to Reassess Damage 6 ; Rule Return date of 66 was sent to the following individual on the uai . indicated below. CRAIG B. KISSINGER CRAIG B. KISSINGER A/K/A CRAIG KISSINGER A/K/A CRAIG KISSINGER 17 LUKE LANE JILL E. KISSINGER CARLISLE, PA 17013 A/K/A JILL KISSINGER 3 SUSSEX DRIVE CARLISLE, PA 17013 allin chmieg, LLP DATE: O o y ' d , , G Michele M. Bradfor, squire 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: By: P LLP , re 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 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff VS. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-3627-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of'Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER 17 LUKE LANE CARLISLE, PA 17013 DATE: a' CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER 3 SUSSEX DRIVE CARLISLE, PA 17013 & chmieg, LLP By: Michele M. Bradford, squire Attorney for Plaintiff rI, r' NOV. 0 6 2008 G IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TAYLOR, BEAN & WHITAKER MORTGAGE Court of Common Pleas CORPORATION Plaintiff Civil Division vs. : CUMBERLAND County CRAIG B. KISSINGER No. 08-3627-CIVIL TERM A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Defendants //9h ORDER AND NOW, this b day of 010v , 2008, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants 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 $225,088.40 Interest Through December 10, 2007 $12,977.74 Per Diem $37.77 Late Charges $0.00 Legal fees $1,325.00 Cost of Suit and Title $951.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 L 0 :9 WV 01 AON OOOZ Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 $0.00 $15.00 ($0.00) $4,487.45 $244,845.09 Plus interest from December 10, 2007 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 -?N -? %.-A\ J. 180002 Taylor, Beane & Whitaker Mortgage Corporation In the Court of Common Pleas of VS Cumberland County, Pennsylvania Craig B. Kissinger, a/k/a Craig Kissinger Writ No. 2008-3627 Civil Term Jill E. Kissinger, a/k/a Jill Kissinger Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2008 at 1405 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: Craig B. Kissinger a/k/a Craig Kissinger, by making known unto Craig B. Kissinger a/k/a Craig Kissinger, personally, at 17 Luke Lane, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 19, 2008 at 0907 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: Jill E. Kissinger, a/k/a Jill Kissinger, by making known unto Jill E. Kissinger a/k/a Jill Kissinger personally at, 3 Sussex Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2008 at 0735 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Craig B. Kissinger, a/k/a Craig Kissinger and Jill E. Kissinger a/k/a Jill Kissinger, located at 3 Sussex Drive, 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: Craig B. Kissinger a/k/a Craig Kissinger, by regular mail to his last known address of 17 Luke Lane, Carlisle, PA 17013. This letter was mailed under the date of October 7, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jill E. Kissinger a/k/a Jill Kissinger, by regular mail to her last known address of 3 Sussex Drive, Carlisle, PA 17013. This letter was mailed under the date of October 7, 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. Sheriff's Costs: Docketing 30.00 Poundage 19.37 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 15.00 Levy 15.00 Surcharge 30.00 Law Journal 419.00 Patriot News 411.95 Share of bills 14.92 $987.74 ? 1 +k j o i Ga.,.,, So Ans ers: R. Thomas Kline, Sheriff W..? - Real Estate ergeant a' 6b tk, vn4l Utl?' ii 82-P7 TAYLOR, BEAN & WHITAKER MORTGAGE ''CORPORATION Plaintiff, V. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3627-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,3 SUSSEX DRIVE, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Last Known Address (if address cannot be reasonably ascertained, please indicate) 17 LUKE LANE CARLISLE, PA 17013 3 SUSSEX DRIVE 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) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 3 SUSSEX DRIVE 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. August 25, 2008 110 ?DATE DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff TAYLOR, BEAN & WHITAKER MORTGAGE CUMBERLAND COUNTY CORPORATION Plaintiff, No. 08-3627-CIVIL TERM V. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Defendant(s). August 25, 2008 TO: CRAIG B. KISSINGER ALL E. KISSINGER A/K/A CRAIG KISSINGER A/K/A JILL KISSINGER 17 LUKE LANE 3 SUSSEX DRIVE CARLISLE, PA 17013 CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at, 3 SUSSEX DRIVE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $236,836.27 obtained by TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in the Borough of Carlisle, Cumberland County, Pennsylvania, being Lot No. 2, as shown on a Plan entitled, 'Chesterfield (formerly Greystone Manor), Single-Family Residential Development, Final Subdivision/Land Development Plan, Sections 2A,' dated December 8, 2000 by Penn Terra Engineering, Inc., State College, Pennsylvania, and recorded in Cumberland County Plan Book 85, Page 88, being bounded and described as follows: BEGINNING at an iron pin, lying in a northerly right of way line of Sussex Drive (60 foot right of way, 28 foot wide cartway) and being a southeasterly corner of Lot No. 3; thence along said lot North 04 degrees 04 minutes 35 seconds West, 120.00 feet to an irin pin, being a common corner of said lot, Lot No. 6 and Lot No. 7; thence along Lot No. 7 North 85 degrees 55 minutes 25 seconds East, 60.00 feet to an iron pin, lying in a southerly line of said lot and being northwesterly corner of Lot No. 1; thence along Lot No.,1 South 04 degrees 04 minutes 35 seconds East, 120.00 feet to an iron pin, being a southerly corner of said lot and lying in a northerly right of way line of Sussex Drive (60 foot right of way, 28 foot wide cartway); thence along said right of way South 85 degrees 55 minutes 25 seconds West, 60.00 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.165 acres. TITLE TO SAID PREMISES IS VESTED IN Craig Kissinger and Jill Kissinger, by Deed from S & A Homes, Inc. formerly known as S & A Custom Built Homes, Inc., a Pennsylvania Corporation, dated 09/11/2007, recorded 09/11/2007 in Instrument Number 200735454. THIS DEED is executed by Calvin Trimble, Attorney-in-Fact for S&A Custom Built Homes, Inc., pursuant to authority as granted in Power of Attorney as set forth in Misc. Book 724 page 391. PREMISES BEING: 3 SUSSEX DRIVE, CARLISLE, PA 17013 PARCEL NO. 05-19-1647-260 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3627 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, Plaintiff (s) From CRAIG B. KISSINGER A/K/A CRAIG KISSINGER - JILL E. KISSINGER A/K/A JILL KISSINGER (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 $236,836.27 L.L. $.50 Interest FROM 8/7/08 -12/10/08 (PER DIEM -$38.93) -- $4,905.18 AND COSTS Atty's Comm % Atty Paid $220.00 Plaintiff Paid Due Prothy $2.00 Other Costs Date: AUGUST 26, 2008 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE C ' R. Long, Prot By: Deputy Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #61 On September 5, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 3 Sussex Drive, Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. r Date: September 5, 2008 By: s Real Eate Sergeant The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 4 This ad ran on the date(s) shown below: t4tPatriot News Now you know 10/29/08 11/05/08 11/12/08 Sworn to before f November, 2008 A.D. Pu COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L IGsnerI Notary Pubic City Of Harrisburg; Dauphin County MY Commission Expires Nov. 28, 2011 Member, Pennsylvania Assoelation of Notaries Real Estate Sale No. 61 Writ No. 20083627 Civil Term Taylor, Bean & Whitaker Mortgage Corporation VS Craig B. Kissinger We Craig Kissinger and Jill E. Kissinger allda Jill Kissinger Attorney Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in the Borough of Carlisle, Cumberland County, Pennsylvania, being Lot No. 2, as shown on a Plan entitled, `Chesterfield (formerly Greystone Manor), Single-Family Residential Development, ' FnW Subdivision/Land Development Plan, Sections 2A,' dated December 8, 2000 by Penn Terra; Engineering, Inc., State College, Pennsylvania, and recorded in cambaland Gataaw an Boek.A Pa;g ak b? txraadtd aafid dcst?ed as fisI<avs:' BT3GRWING at an iron pin, ie a nortberly right of way line of Smex Drive (60 fact right of way, 28 foot wide cartway) and tieing a southeasterly comer of Lot No. 3; thence along said lot North 04 degrees 04 minutes 35 seconds West, 120.00 feet to an iris pin, being a common comer of said lot, Lot No. 6 and Lot No. 7; thence along Lot No. 7 North 85 degrees 55 minutes 25 seconds East, 60.00 feet to an iron pin, lying in a southerly line of said lot and being northwesterly corner of Lot No. 1; thence along Lot No., 1 South 04 degrees 04 minutes 35 seconds East, 120.00 feet to an iron pin, being a southerly corner of said lot and lying in a northerly right of way line of Sussex Drive (60 foot right of way, 28 foot wide cartway); thence along said right of way South 85 degrees 55 minutes 25 seconds West, 60.00 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.165 aces. TITLE TO SAID PREMISES IS VESTED IN Craig Kissinger and Jill Kissinger, by Deed from S & A Homes, Inc. formerly known as S & A Custom Built Homes, Inc., a Pennsylvania. Corporation, dated 09/11/2007, recorded 09/11/ 2007 in Instrument Number 200735454. THIS DEED is executed by Calvin Trimble, Attomey-in-Fact for S&A Custom Built Homes, Inc., pursuant to authority as granted in Power of Attorney as set forth in Misc. Book 724 page 391. PREMISES BEING: 3 SUSSEX DRIVE, CARLISLE, PA 17013 PA.<CEL NO. 05-19-1647-260 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 31, November 7 and November 14, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN'TO AND SUBSCRIBED before me this 4 day of November, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL FAWrATE BALE NO. 61 Writ No. 2008-3627 Civil Taylor, Bean & Whitaker Mortgage Corporation VS. Craig B. Kissinger a/k/a Craig Kissinger and Jill E. Kissinger a/k/a Jill Kissinger Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land aitunimad in theme of Crr, Cumberland Comity, aye, beWg Lot No. 2, as shown on a Ita ms*ded, `Chesterfield (formerly Grey- stone Manor), Single-Fan* P&SWM- tial Development, Final Subdivision/ Land Development Plan, Sections 2A,' dated December 8, 2000 by Penn Terra Engineering, Inc., State College, Pennsylvania, and recorded in Cumberland County Plan Book 85, Page 88, being bounded and described as follows: BEGINNING at an iron pin, lying in a northerly right of way line of Sussex Drive (60 foot right of way, 28 foot wide cartway) and being a south- easterly corner of Lot No. 3; thence along said lot North 04 degrees 04 minutes 35 seconds West, 120.00 feet to an irin pin, being a common corner of said lot, Lot No. 6 and Lot No. 7; thence along Lot No. 7 North 85 degrees 55 minutes 25 seconds East, 60.00 feet to an iron pin, lying in a southerly line of said lot and being northwesterly corner of Lot No. 1; thence along Lot No., 1 South 04 degrees 04 minutes 35 seconds East, 120.00 feet to an iron pin, be- ing a southerly corner of said lot and lying in a northerly right of way line of Sussex Drive (60 foot right of way, 28 foot wide cartway); thence along said right of way South 85 degrees 55 minutes 25 seconds West, 60.00 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.165 acres. TITLE TO SAID PREMISES IS VESTED IN Craig Kissinger and Jill Kissinger, by Deed from S & A Homes, Inc. formerly known as S & A Custom Built Homes, Inc., a Pennsylvania Corporation, dated 09/11/2007, recorded 09/11/2007 in Instrument Number 200735454. THIS DEED is executed by Calvin Trimble, Attorney-in-Fact for S&A Custom Built Homes, Inc., pursuant to authority as granted in Power of Attorney as set forth in Misc. Book 724 page 391. PREMISES BEING: 3 SUSSEX DRIVE, CARLISLE, PA 17013. 0% . Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION VS. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER 17 LUKE LANE CARLISLE, PA 17013 JILL E. KISSINGER A/K/A JILL KISSINGER 3 SUSSEX DRIVE CARLISLE, PA 17013 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-3627-CIVIL TERM PRAECIPE TO ENTER JUDGMENT PURSUANT TO ORDER TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CRAIG B. KISSINGER A/K/A GRAIG KISSINGER, and JILL E. KISSINGER A/K/A JILL KISSINGER, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in COURT ORDER DATED NOVEMBER 6, 2008 $244,845.09 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. Daniel G. Schmieg, squire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: G? /7 PHS # 180002 PROP THY PHELAN HALLINAN & SCHMIEG, LLP $y: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 151 563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE : COURT OF COMMON PLEAS CORPORATION Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY CRAIG B. KISSINGER A/K/A CRAIG KISSINGER :NO. 08-3627 CIVIL TERM JILL E. KISSINGER A/K/A JILL KISSINGER Defendants TO: JILL E. KISSINGER A/K/A JILL KISSINGER 3 SUSSEX DRIVE CARLISLEPA17013 DATE OF NOTICE: JULY 15, 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET s CARLISLE, PA 17013 (800)990-9108 Brittany Boyer, Legal Assistant PHELAN HALLINAN & SCHMIEG, LLP 'By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 563_7000 TAYLOR, BEAN & WHITAKER MORTGAGE : COURT OF COMMON PLEAS CORPORATION Plaintiff Vs. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Defendants CIVIL DIVISION : CUMBERLAND COUNTY NO. 08-3627 CIVIL TERM TO: CRAIG B. KISSINGER A/K/A CRAIG KISSINGER 17 LUKE LANE CARLISLE, PA 17013 DATE OF NOTICE: J1JLY 15, 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY,.. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 Brittany Boyer, Legal Assistant Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION VS. CRAIG B. KISSINGER A/K/A GRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Attorney for Plaintiff CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-3627-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant CRAIG B. KISSINGER A/K/A GRAIG KISSINGER is over 18 years of age and resides at 17 LUKE LANE, CARLISLE, PA 17013. (c) that defendant JILL E. KISSINGER A/K/A JILL KISSINGER is over 18 years of age and resides at 3 SUSSEX DRIVE, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Daniel G. Schmieg, quire Attorney for Plaintiff m (Rule of Civil Procedure No. 236) - Revised TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION : COURT OF COMMON PLEAS VS. CRAIG B. KISSINGER A/K/A GRAIG KISSINGER 17 LUKE LANE CARLISLE, PA 17013 JILL E. KISSINGER A/K/A JILL KISSINGER 3 SUSSEX DRIVE CARLISLE, PA 17013 : CUMBERLAND COUNTY : CIVIL DIVISION : No. 08-3627-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on a//??.? By: Y If you have any questions concerning this matter please co ct: ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRE VIO USL Y RE CEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Daniel G. Schmie Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff, V. No. 08-3627-CIVIL TERM CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $244,845.09 Interest from 12/11/2007-DATE OF SALE $22,057.00 and Costs (per diem -$40.25) TOTAL $266,902.09 Note: Please attach description of property. DANIEL G. SCHMIE ESQUIRE One Penn Center at S urban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff 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. 180002 c•? 0 d? W W p4 Z, ? ?+ V d v 9 N C Phi v, °° ea- o ?a?i v 0V ?? ?yfl W w H C" LR W '?' a cat -_ s? a ? -v ? -o v IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CRAIG B. KISSINGER Debtor Bk. No. 1:08-bk-04157 MDF TAYLOR, BEAN & WHITAKER MORTGAGE Chapter No. 07 CORPORATION V. CRAIG B. KISSINGER Movant Respondent 11 U.S.C. §362 and MARKIAN R. SLOBODIAN, ESQUIRE (TRUSTEE) Respondents ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 3 SUSSEX DRIVE, CARLISLE, PA 17013, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION may immediately enforce and implement this Order granting relief from the automatic stay. By the Court, 71 It'r A&xdE P "dT (]DK) This document is electronically signed and, filed on the same date. Dated: December 15, 2008 Case 1:08-bk-04157-MDF Doc 11 Filed 12/15/08 Entered 12/16/08 09:12:57 Desc Main Document Page 1 of 1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CRAIG B. KISSINGER Debtor Bk. No. 1:08-bk-04157 MDF TAYLOR, BEAN & WHITAKER MORTGAGE Chapter No. 07 CORPORATION Movant v. 11 U.S.C. §362 CRAIG B. KISSINGER Respondent and MARKIAN R. SLOBODIAN, ESQUIRE (TRUSTEE) Respondents ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 3 SUSSEX DRIVE, CARLISLE, PA 17013, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff s Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and TAYLOR., BEAN & WHITAKER MORTGAGE CORPORATION may immediately enforce and implement this Order granting relief from the automatic stay. By the Court, Jd (]QK), This documents electronica)ly signed and; ed,on the same date. Dated: December 15, 2008 Case 1:08-bk-04157-MDF Doc 11 Filed 12/15/08 Entered 12/16/08 09:12:57 Desc Main Document Page 1 of 1 NOV 0 -6 2008 6 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TAYLOR, BEAN & WHITAKER MORTGAGE Court of Common Pleas CORPORATION Plaintiff Civil Division VS. CUMBERLAND County . CRAIG B. KISSINGER No. 08-3627-CIVIL TERM AMA CRAIG KISSINGER . JILL E. KISSINGER A/K/A JILL KISSINGER Defendants ORDER AND NOW, this. day of AvV. , 2008, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants 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 Interest Through December 10, 2007 Per Diem $37.77 Late Charges .Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation $225,088.40 $12,977.74 $0.00 $1,325.00 $951.50 $0.00 $0.00 I%Doo D- BY THE COURT 3. ` 180002 Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 $0.00 $15.00 ($0.00) $4,487.45 $244,845.09 Plus interest from December 10, 2007 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. -ROM RECOFti) .Wey r Titwh • a the of said count at c P& 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 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff, V. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3627-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. -? C DANIEL G. SC G, ESQUIRE Attorney for Plaintiff c "J "' C=3 C) - ca rl r C t :x -i- } Fn TAYLOR, BEAN & WIHTAKER MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION CRAIG B. KISSINGER A/K/A CRAIG KISSINGER : JILL E. KISSINGER A/K/A JILL KISSINGER NO. 08-3627-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 TAYLOR BEAN & WHITAKER MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at =3 SUSSEX DRIVE, 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) CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER 17 LUKE LANE CARLISLE, PA 17013 3 SUSSEX DRIVE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of everyjudgment 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 t '' Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 3 SUSSEX DRIVE CARLISLE, PA 17013 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program CHESTERFIELD HOMEOWNERS ASSOCIATION CHESTERFIELD HOMEOWNERS ASSOCIATION CHESTERFIELD HOMEOWNERS ASSOCIATION, INC. CHESTERFIELD HOMEOWNERS ASSOCIATION, INC. RESERVE AT CHESTERFIELD HOMEOWNER'S ASSOCIATION 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 1 DAYLESFORD BLVD. BERWYN, PA 19312 1301 LANCASTER AVE BERWYN, PA 19312 PO BOX 1605 WEST CHESTER, PA 19312 1273 LANCASTER AVE BERWYN, PA 19312 2 EF RAYMOND DRIVE HAVERTOWN, PA 19083 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 unworn falsification to authorities. (PA, January 24.200 DATE DANIEL G. SC IEG, ESQUIRE Attorney for Plaintiff r? c_? ,,, _,? r r.? ? u'1 i ?? _. •' _? i .? ? TAYLOR, BEAN & WHITAKER MORTGAGE - CORPORATION Plaintiff, V. CUMBERLAND COUNTY No. 08-3627-CIVIL TERM CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Defendant(s). January 24, 2009 TO: CRAIG B. KISSINGER A/K/A CRAIG KISSINGER 17 LUKE LANE CARLISLE, PA 17013 JILL E. KISSINGER A/K/A JILL KISSINGER 3 SUSSEX DRIVE 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 YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINSTPROPERTY. ** Your house (real estate) at, 3 SUSSEX DRIVE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of X244,845.09 obtained by TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in the Borough of Carlisle, Cumberland County, Pennsylvania, being Lot No. 2, as shown on a Plan entitled, 'Chesterfield (formerly Greystone Manor), Single-Family Residential Development, Final Subdivision/Land Development Plan, Sections 2A,' dated December 8, 2000 by Penn Terra Engineering, Inc., State College, Pennsylvania, and recorded in Cumberland County Plan Book 85, Page 88, being bounded and described as follows: BEGINNING at an iron pin, lying in a northerly right of way line of Sussex Drive (60 foot right of way, 28 foot wide cartway) and being a southeasterly corner of Lot No. 3; thence along said lot North 04 degrees 04 minutes 35 seconds West, 120.00 feet to an irin pin, being a common corner of said lot, Lot No. 6 and Lot No. 7; thence along Lot No. 7 North 85 degrees 55 minutes 25 seconds East, 60.00 feet to an iron pin, lying in a southerly line of said lot and being northwesterly corner of Lot No. l; thence along Lot No., l South 04 degrees 04 minutes 35 seconds East, 120.00 feet to an iron pin, being a southerly corner of said lot and lying in a northerly right of way line of Sussex Drive (60 foot right of way, 28 foot wide cartway); thence along said right of way South 85 degrees 55 minutes 25 seconds West, 60.00 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.165 acres. TITLE TO SAID PREMISES IS VESTED IN Craig Kissinger and Jill Kissinger, by Deed from S & A Homes, Inc. formerly known as S & A Custom Built Homes, Inc., a Pennsylvania Corporation, dated 09/11/2007, recorded 09/11/2007 in Instrument Number 200735454. THIS DEED is executed by Calvin Trimble, Attorney-in-Fact for S&A Custom Built Homes, Inc., pursuant to authority as granted in Power of Attorney as set forth in Misc. Book 724 page 391. PREMISES BEING: 3 SUSSEX DRIVE, CARLISLE, PA 17013 PARCEL NO. 05-19-1647-260 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3627 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, Plaintiff (s) From CRAIG B. KISSINGER a/k/a CRAIG KISSINGER JILL E. KISSINGER a/k/a JILL KISSINGER (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 $244,845.09 L.L. Interest from 12/11/07 to Date of Sale (per diem - $40.25) - $22,057.00 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $1,243.24 Other Costs Plaintiff Paid Date: 2/25/09 (12 4A Curtis R. Long, Pro onotary (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Deputy AFFIDAVIT OF SERVICE PLAINTIFF TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION DEFENDANT(S) CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER SERVE CRAIG B. KISSINGER A/K/A CRAIG KISSINGER AT: 17 LUKE LANE CARLISLE, PA 17013 SERVED CUMBERLAND COUNTY No. 08-3627-CIVIL TERM ACCT. #180002 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 10, 2009 DEF'S ARE PENDING DIVORCE Served and made known to ?S8 l 6 K 1 SS I N &QZ . Defendant, on the 3 90 day of 200?, at I02,Z at o'clock m NORTi EL.p AQl vE Qt - l .l S L-6 F Commonwealth , of Pennsylvania, in the manner described below: Defendant personalty served. Adult fall 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. Mawger/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age W Height CQ' Weight Race w Sex A Other I, ?bN q t.D /Maw_ a competent adutt, being duly sworn according to law, depose and state that I personalty handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. )K D EFf;A1DA*n Mmrft (071 K&Aggrl £t,D -Da l ve Sworn to and subscribed Cd42t,ts?-fe,Q before me this ?0day of giny NoW,, 200 Dv: UI /f'? Y I/ PT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HARRIS NOT SERVED NOTARY On tlSjAjE.Q JERSEY 200_, at o'clock _.m., Defendant NOT FOUND because: My COMMISSION EXPIRES `101251 A? Moved Unknown No Answer Vacant 1:t Attempt: Time: 20" Attempt: / / Time: 3rd Attempt: Time: Swom to and subscribed Aftenny for Pialntiff before me this day DANIEL. G. SCHMIEG, Esquire - I.D. No. 62205 of . 200. One Peen Center at Suburban St flee, Suite 1400 Notary: By 1617 John F. Kennedy Boulevard- Philadelphia, PA 19103-1814 (215)563-7000 p Z l ,, 5 ` } 00 :f ?° U AFFIDAVIT OF SERVICE PLAINTIFF TAYLOR, BEAN & WIITI'AKER MORTGAGE CORPORATION DEFENDANT(S) CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER CUMBERLAND COUNTY No. 08-3627-CIVIL. TERM ACCT. #180002 Type of Action - Notice of Sheriff's Sate SERVE JILL E. KISSINGER A/K/A JILL. KISSINGER AT: Sate Date: JUNE 10, 2009 3 SUSSEX DRIVE CARLISLE, PA 17013 DEF'S ARE PENDING DIVORCE SERVED Served and made known to SIU. F. K I SS IN br--R . Defendant, on the D 3 Ro day of F &U41&j 2001 at 6^, U . o'clock P_M, at 3 Sash Ul Oj (-'1 AW Sc it Commonwealth of Pennsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendaht(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age s501 Height 5T' Weight 16_0 Race U _ Sex _E_ Other ?1 L. , a competent adult, being duly sworn according to law, depose and state that I personally banded a true and correct copy of the Notice of Sheriff's Sale in the marmer as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscnl2ed before me this ;t2SUS day of , 200 No By: ASE A MPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TbM OF SERVICE ATTEMPTED. THEODORE NOTARY PUBLIC NOT SERVED On TATE OF NEW JERSEY l?c? s 10!2512012 , 200, at o'clock _.m., Defendant NOT FOUND because: tA1f Moved Unknown No Answer Vacant 1't Attempt: Time: 20d Attempt: Time: 3rd Attempt: Time: Sworn to and subscnW Attorney for Plaintiff before me this day DANIEL G. SCH IIEG, Esquire - I.D. No. 62205 of . 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-9000 Z -Z -7 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 TAYLOR, BEAN & WHITAKER MORTGAGE Court of Common Pleas CORPORATION Plaintiff Civil Division V. CUMBERLAND County CRAIG B. KISSINGER A/K/A CRAIG No. 08-3627-CIVIL TERM KISSINGER JILL E. KISSINGER Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on June 17, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Praecipe to Enter Judgment Pursuant to Order was entered on February 17, 2009 in the amount of $244,845.09. 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. A Sheriff s Sale of the mortgaged property at 3 SUSSEX DRIVE, CARLISLE, PA 17013 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants filed a Chapter 07 Bankruptcy at Docket Number 1:08-04157 on November 7, 2008. The Plaintiff obtained relief from the bankruptcy stay by order of court dated December 16, 2008. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". The Property is listed for Sheriffs Sale on June 10, 2009. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through June 10, 2009 Per Diem $37.77 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $225,088.40 $19,893.06 $274.32 $1,825.00 $1,440.50 $987.74 $0.00 $0.00 $0.00 $0.00 ($0.00) $5,264.38 TOTAL $254,773.40 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 15, 2009 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. 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 "D". 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge M. L. Ebert, Jr. entered a Reassessment Order for $244,845.09 dated November 6, 2008 . WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: Michele M. Bradford, Esquire 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 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff Court of Common Pleas Civil Division V. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER Defendants CUMBERLAND County No. 08-3627-CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE CRAIG B. KISSINGER A/K/A CRAIG KISSINGER and JILL E. KISSINGER 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 3 SUSSEX DRIVE, 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, Defendants 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 Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22,24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. 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 Defendants 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 Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are 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 mortgagors have 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 Defendants 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 Loan Association v. Street Road Shopl2in 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 Real ty, 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: i r Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire 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 LAUREN R. TABAS, ESQ., Id. No. 93337 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 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 180002 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34475-9078 V. Plaintiff CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER 3 SUSSEX DRIVE CARLISLE, PA 17013 Defendants n o -: z, c a ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 09 - 340027 C? ivJlTeny CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE PLEASERErr Cow RIB Sri;,. t j ; l-.y 1 f , File 4: 180002 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 #: 180002 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 #: 180002 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 k: 180002 1. Plaintiff is TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34475-9078 2. The name(s) and last known address(es) of the Defendant(s) are: CRAIG B. KISSINGER A/K/A CRAIG B. KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER 3 SUSSEX DRIVE CARLISLE, PA 17013 who istare the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/11/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200735455. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File K: 180002 6. The following amounts are due on the mortgage: Principal Balance $225,088.40 Interest $6,345.36 01/01/2008 through 06/16/2008 (Per Diem $37.77) Attorney's Fees $1,325.00 Cumulative Late Charges $274.32 09/11/2007 to 06/16/2008 Cost of Suit and Title Search 750.00 Subtotal $233,783.08 Escrow Credit $0.00 Deficit $1,126.92 Subtotal $1,126.92 TOTAL $234,910.00 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. 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. File N: 180002 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $234,910.00, together with interest from 06/16/2008 at the rate of $37.77 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 HALLRVAN & SCHIMMG, LLP .By: `l LAWRENCE HELAd , ' QUIRE FRANCIS S. HA.LLINAN, ES'OUIRE -1SA.NIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 180002 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in the Borough of Carlisle, Cumberland County, Pennsylvania, being Lot No. 2, as shown on a Plan entitled, 'Chesterfield (formerly Greystone Manor), Single-Family Residential Development, Final Subdivision/Land Development Plan, Sections 2A,' dated December 8, 2000 by Penn Terra Engineering, Inc., State College, Pennsylvania, and recorded in Cumberland County Plan Book 85, Page 88, being bounded and described as follows: BEGINNING at an iron pin, lying in a northerly right of way line of Sussex Drive (60 foot right of way, 28 foot wide cartway) and being a southeasterly corner of Lot No. 3; thence along said lot North 04 degrees 04 minutes 35 seconds West, 120.00 feet to an irin pin, being a common corner of said lot, Lot No. 6 and Lot No. 7; thence along Lot No. 7 North 85 degrees 55 minutes 25 seconds East, 60.00 feet to an iron pin, lying in a southerly line of said lot and being northwesterly corner of Lot No. l; thence along Lot No., 1 South 04 degrees 04 minutes 35 seconds East, 120.00 feet to an iron pin, being a southerly corner of said lot and lying in a northerly right of way line of Sussex Drive (60 foot right of way, 28 foot wide cartway); thence along said right of way South 85 degrees 55 minutes 25 seconds West, 60.00 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.165 acres. PARCEL NO. 05-19-1647-260 PROPERTY BEING: 3 SUSSEX DRIVE File#: 18M VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. DATE: 6 1 / G -e 1. L _ ff- ?2 O Exhibit "B" Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attorney for Plaintiff 215-563-7000 ' 'TAYLO BEAN & WHITAKER CUMBERLAND COUNTY MORTGAGE CORPORATION s COURT OF COMMON PLEAS VS. n CIVIL DIVISION a CRAIG B. KISSINGER -= r11 r A/K/A CRAIG KISSINGER No. 08-3627-CIVIL TERM rn `M rn -v 17 LUKE LANE ° CARLISLE, PA 17013 JILL E. KISSINGER A/K/A JILL KISSINGER T'? - 3 SUSSEX DRIVE CARLISLE, PA 17013 PRAECIPE TO ENTER JUDGMENT PURSUANT TO ORDER TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CRAIG B. MSINGER A/K/A GRAIG KISSINGER: and JILL E KISSINGER A/K/A JILL KISSINGER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in COURT' ORDER DATED NOVEMBER 6, 24Q1'tis?` , $244,845.09 I .?eli3 e 4 that (1) the addresses of the Defendant(s) are as shown above, and (2) that noticia en given in accordance with Rule 237.1, copy attached. rDaniel G. Schmieg, squire Attorney for Plaintiff= DAMAGES ARE HERE Ae $$-gsSED`AS INDICATED. DATE: ,q JI 71G4 PHS # 180002 PROP OTHY (Rule of Civil Procedure No. 236) - Revised TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION VS. CRAIG B. KISSINGER A/K/A GRAIG KISSINGER 17 LUKE LANE . CARLISLE, PA 17013 JILL E. NISSINGER A/K/A JILL KISSINGER 3 SUSSEX DRIVE CARLISLE, PA 17013 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 08-3627-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on SIG 9 By: ? If you have any questions concerning this matter ple4coct: ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREP70USLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Daniel G. Squire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ' Philadelphia, PA 19103 215-563-7000 Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CRAIG B. KISSINGER Debtor Bk. No. 1:08-bk-04157 MDF TAYLOR, BEAN & WHITAKER MORTGAGE Chapter No. 07 CORPORATION V. CRAIG B. KISSINGER Movant Respondent 11 U.S.C. §362 and MARKIAN R. SLOBODIAN, ESQUIRE (TRUSTEE) Respondents ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code I 1 U.S.C. §362 is modified with respect to premises 3 SUSSEX DRIVE, CARLISLE, PA 17013, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff s Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION may immediately enforce and implement this Order granting relief from the automatic stay. By the Court, Jtldg?e (JDK) This document is electronically signed and fled-on the same date. Dated: December 15, 2008 Case 1:08-bk-04157-MDF Doc 11 Filed 12/15/08 Entered 12/16/08 09:12:57 Desc Main Document Page 1 of 1 Exhibit "D" v ,?; pHiLq, ? Y -? •- - - ?c 00 v 01 to w N rz W 16 W M? W P ? 1? 00 ?+ 00 Fr 00 n (p N N N d ti ?o bn v? ?? o z N O W ? , J ? .? ?"h r r-- R z rz x A o ? O n N a to s? , z to x fb y ? ? ^c o 7 a ?' 9 w ? A y l?1 r.r :z n^no til Flu ? d t2' z o _ yw?f°E. n t2, W ??r Ella P vp to ro 8?? Cr1 ? m ?' X O yy b 7 0. ^O u i N S n 9 g y C 0 jig k A g, 5' n 9" "uT O O O ? a?O _ 14 r r=-o A tC) ' w o' ??? gTNFY_? E l W LVES 0 ' F. 04 $ 01.520 21801 0 APR 1 l AILED FROM ZIPCODE7 0 ?oa 191 03 a? ?G Ram ?aa ? y n1. '1 d w fD b l l G 0 A 0 C?7 z n r b i.. 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. Phelan Hallinan & Schmieg, LLP / ??l v DATE: By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff V. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER Court of Common Pleas Civil Division CUMBERLAND County No. 08-3627-CIVIL TERM Defendants 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. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER 17 LUKE LANE CARLISLE, PA 17013 CRAIG B. KISSINGER A/K/A CRAIG KIS SINGER JILL E. KISSINGER 3 SUSSEX DRIVE CARLISLE, PA 17013 CRAIG B. KISSINGER A/K/A CRAIG KISSINGER 1027 NORTHFIELD DR CARLISLE, PA 17013-1387 DATE: i? l r` ° Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff OF T ? ? - AP -? r 260", ?,='it 21 ' J) t? r „. TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, PLAINTIFF V. CRAIG B. KISSINGER, A/K/A CRAIG KISSINGER, JILL E. KISSINGER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3627 CIVIL ORDER OF COURT AND NOW, this 24th day of April, 2009, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before May 14, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, Xulchele M. Bradford, Esquire Attorney for Plaintiff Xraig B. Kissinger a/k/a Craig Kissinger 17 Luke Lane Carlisle, PA 17013 ?*-? - ?N4 M. L. Ebert, Jr., J. ? Craig B. Kissinger --?Craig B. Kissinger a/k/a Craig Kissinger a/k/a Craig Kissinger 1027 Northfield Drive Jill E. Kissinger Carlisle, PA 17013-1387 3 Sussex Drive /? L CL PA 17013 LOpt es e>llit LCL bas t L O ,CI WV ? 4dV RDZ f 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 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff Court of Common Pleas Civil Division V. CRAIG B. KISSINGER A/KIA CRAIG KISSINGER JILL E. KISSINGER Defendants CUMBERLAND County No. 08-3627-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 24, 2009 Rule was sent to the following individuals on the date indicated below. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER 17 LUKE LANE CARLISLE, PA 17013 CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER 3 SUSSEX DRIVE CARLISLE, PA 17013 CRAIG B. KISSINGER A/K/A CRAIG KISSINGER 1027 NORTHFIELD DR CARLISLE, PA 17013-1387 DATE: IF 5-14f U t-- Phe 11 in & Schmieg, LLP By: Mic ele . Bradf rd, Esquire Attorney for Plaintiff OF THE t 2009 MAY -8 AM 11: 11 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 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff V. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-3627-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on April 21, 2009. 3. A Rule was entered by the Court on or about April 24, 2009 directing the Defendants 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 May 6, 2009, 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. Defendants failed to respond or otherwise plead by the Rule Returnable date of May 14, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. helan Uallinan & Schmieg, L P DATE: al 171(17 By: i h le for , squir 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 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff V. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-3627-CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 21, 2009. A Rule was entered by the Court on or about April 24, 2009 directing the Defendants 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 May 6, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 14, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Sc ieg, P DATE: By: Lai ill iknab or , Esqu Attorney for Plaintiff Exhibit "A" TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, PLAINTIFF V. CRAIG B. KISSINGER, A/K/A CRAIG KISSINGER, JILL E. KISSINGER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3627 CIVIL ORDER OF COURT AND NOW, this 24th day of April, 2009, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before May 14, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, likj? ? - \ % M: L. Ebert, Jr., J. Michele M. Bradford, Esquire Attorney for Plaintiff Craig B. Kissinger a/k/a Craig Kissinger 17 Luke Lane Carlisle, PA 17013 Craig B. Kissinger Craig B. Kissinger a/k/a Craig Kissinger a/k/a Craig Kissinger b- 1027 Northfield Drive Jill E. Kissinger %! Carlisle, PA 17013-1387 3 Sussex Drive Iwo vrt? ? wi Carlisle, PA 17013x" :, III bas Exhibit "B" 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 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff V. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 08-3627-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 24, 2009 Rule was sent to the following individuals on the date indicated below. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER 17 LUKE LANE CARLISLE, PA 17013 CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER 3 SUSSEX DRIVE CARLISLE, PA 17013 CRAIG B. KISSINGER A/K/A CRAIG KISSINGER 1027 NORTHFIELD DR CARLISLE, PA 17013-1387 DATE: Phe By: llin & Schmieg, LLP Mic ele . Bradf rd, 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 unswom falsification of authorities. ieg, LLP P 'an ?I llinan & SIEsqJ if) AA DATE: I By: e f ra ford, Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff V. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER Court of Common Pleas Civil Division CUMBERLAND County No. 08-3627-CIVIL TERM Defendants 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. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER 17 LUKE LANE CARLISLE, PA 17013 CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER 3 SUSSEX DRIVE CARLISLE, PA 17013 CRAIG B. KISSINGER A/K/A CRAIG KISSINGER 1027 NORTHFIELD DR CARLISLE, PA 17013-1387 DATE: e-haha Phelan Hallinan & Schmieg, LLP A Al A ?t I/H By: ch r ford, sq Attorney for Plaintiff r FL Ei THE Nl-rkpy d.. t cCul9 MAY 21 Aar 10: :. V6 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION VS. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-3627-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE I, ' CZ)e-"?' attorney for TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION hereby verify as follows: As required by Pa. R.C.P. 3129.1(a), Notice of Sale has been given to all known Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.1(c) on each of the persons or parties named, at that address set forth on the Affidavit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto as Exhibit "A". DATE: 2 O / By: Lawrence T. Phelan, Esq., Id. No. 32227 JF ancis S. Hallinan, Esq., Id. No. 62695 -'Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Attorneys for Plaintiff ??dw aZa ' r ?4? a466 ?o??iZ OttV4 N a?z •? w AS V a w x a u, O o? O ? H a O w A 7'. 0 OA Z C4 M a dU0 M o UAU?.,U +O ? N Q of `" W g? o C,4 2. o ? ?i ? 6 Lam' '? - M ? f o? A rte'' W a W A .Soo y? ? O O 10 A a o '° p. ? ? O O ?'? W oo E'' ' ? ? O W` o°+ 14 CIA 15 4) CA N 'OF p EA 0 w v, c x r? ? a 40 GGo H ?a c`O ? '' o o e 45 15 ce. ` 0 I Z GA c7 `') ? N y "" t en 1 •`1 10 1, 00 O R T? iC ` ?/ i i 2039+:,',` ?2 fti- d : .17 MAY 2 2 p009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TAYLOR, BEAN & WHITAKER MORTGAGE Court of Common Pleas CORPORATION Plaintiff V. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER Defendants Civil Division CUMBERLAND County No. 08-3627-CIVIL TERM ORDER AND NOW, this M day of K of , 2009, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants 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 $225,088.40 Interest Through June 10, 2009 $19,893.06 Per Diem $37.77 Late Charges $274.32 Legal fees $1,825.00 Cost of Suit and Title $1,440.50 Sheriffs Sale Costs $987.74 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 $0.00 ($0.00) $5,264.38 $254,773.40 Plus interest from June 10, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 180002 j?k?n .`.?.,?,,i..., ? ? 1??; n "s-' xl !J J+?: W COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which TAYLOR BEAN WHITAKER MTG CORP is the grantee the same having been sold to said grantee on the 5TH day of AUGUST A.D., 2009, under and by virtue of a writ Execution issued on the 25 day of FEB, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 3627, at the suit of TAYLOR BEAN & WHITAKER MTG CORP against CRAIG B KISSINGER AKA CRAIG & JILL E AKA JILL is duly recorded as Instrument Number 200929865. IN TESTIMONY WHEREOF, I have hereunto set my hand ., 7_11A. and seal of said office this _day of A.D. 670 Recorder of Deeds osocr '4ds, C stand Canty, Cam, PA MY EVkQ$ Oro First Monde often. 2010 In the Court ofCouunon Pica", 07 oiCtulthcrland County, Pcnn Sylvania , 26 Writ No, 1 aylor, Beim and \Vllitakcr Morl.'ace Corporation Vs Craig 13. Kissinger, a;k a Oal;" Kisslllf!,Cr Jill r". KissillLcr, it ?Lit Jill Kissinger k ark (Atriklin, I Mptity Sheriff, who heing duly sworn accordiny to law, ;lairs dwl "" lAMI 27, T HS at 2005 hours, he served a true copy of the within kcal Estate Writ, Noticc and I i?.?;c riplion., ill the ahove cutillcd action, upon the within maned dclcndaut, to wit: Craig f tl issingci, uk it Kissinger, by making, known tinto, Craig B. Kissinger, IN Craig Kissinger, pcrson<<Ily, al, 1027 Northhcld Drive, Carlisle, ( Anbcdand County, Pennsylv,utia its contents and al the same lime handin to 1011 personally the said true and correct copy of the same. Kcnncth Gossert, Deputy Sheriff, who being duly sworn according to lam states owl oil March 11, 2000 at 1939 hours, he served a true copy of the within kcal Estate \Vril, Notice aid Description, in the ahovc entitled action, upon the within named delcndant, to wit: Jill 1,. Kissingo-, a /k/a Jill Kissing;?r, by niaking known unto, Jill E. Kissinger, ail:%a Jill Kksingcr, pownuiln, al Sussex Drive, Carlisle, Cumhcrland County, Pennsylvania its contents and at the same haw lwml ng to her personally We said true and correct copy of the same. Rohert Bitner, Deputy Shcrilf, who being (July sworn according to lay,!, states that ()ii ;April -1, 2009 at O910 hours, he posted a true copy of the MTN Rod [:stale Writ, MAN, Poster mW Description, in the ahovc entitled action, upon the property of Craig B. Ilissingcr, a/k/a ('rat, Kissinger and Jill I:. Kissinger, a/k/a Jill Kissinger, located at, 3 Sussex Drivc, Cal-lislc, ('untbcrland County Pcnn,sylvautia, according to law. "l'hontas l'line, Sheriff. Who being duly sworn accordinL to law, states he serval the ahovc Real Estate Wril, Notice. Poster and Description in the following manner: Flic Sheriff iuail,,xd ;t notice ofthc pcrua('ncy Of the action to the within named defendants, to wit: Clain 13. Kissii ,!,cr, a/k/a Craig, Kissinger and Jill E. Kissinger, a/k/a Jill Kissinger, by regular mail to their lass km)wn address o1'3 Sussex Drive, Carlisle, P.A 17013. This letter was inailcd raider the date o1',lpIi1 2, 'tit)y) and never rcluruc'd to the Shcril'I s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states Owl after Sic and legal notice hat! been given according to law, he cXJ1Oscd the within dcscrihe(l trellises at public venue or outcry A the Courthouse, ("arlisle, Cumherland (%My, Pennsylvania on K;- wst 1 !HN at 1400 o'clock M& 14 sold the same for the ruin of 51.00 to Attonwy Daniel Schniicy, on MKilfoi, Federal Monte Loan Mortgage Corporation, ,)C, 5000 Plano Parkway, Carrollton, f\, 75010, being the buyer in this exccutiou, paid to Sherifl'l?. Thomas Klinc the stint Dockctini?, 301H) Poundage 2090 I'??sliu, Bills 15AH) Ad% :rtis in,,, 1 >.UU Ackllm% I )ccd 48mO Aria iouccr I AM I.,m I ihr,uY 0O I'rotllollotal-Y ?M IMiIcayL: UAH) I cv-v 150) SuwhwTc ,00 ' Post Polic S"lic 20AH) L.,m Iournal -l1 9M " 10411 NcwS 34,42 Share ol'bills 15A3 Distribution i?1 1>roccc?ls SAW Shcrill's clccd 44% So Allswcrs, R. I'llom<ls 1<Iilic, Shcrilf l Real Estate CCoordillator y' a .UL. (1t y? dt:ec- . TAYLOR., BEAN & WHITAKER MORTGAGE CORPORATION . Plaintiff, V. CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3627-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,3 SUSSEX DRIVE, 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) CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL, KISSINGER 17 LUKE LANE CARLISLE, PA 17013 3 SUSSEX DRIVE 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 w 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 Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 3 SUSSEX DRIVE CARLISLE, PA 17013 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program CHESTERFIELD HOMEOWNERS ASSOCIATION CHESTERFIELD HOMEOWNERS ASSOCIATION CHESTERFIELD HOMEOWNERS ASSOCIATION, INC. CHESTERFIELD HOMEOWNERS ASSOCIATION, INC. RESERVE AT CHESTERFIELD HOMEOWNER'S ASSOCIATION 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 1.7105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 1.7128 13`h Floor, Suite 11300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 1.7105 1 DAYLESFORD BLVD. BERWYN, PA 19312 1301 LANCASTER AVE BERWYN, PA 19312 PO BOX 1605 WEST CHESTER, PA 19312 1273 LANCASTER AVE BERWYN, PA 19312 2 EF RAYMOND DRIVE HAVERTOWN, PA 19083 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 unswom falsification to authorities. January 24, 2009 (PAX DATE DANIEL G. SCH IEG, ESQUIRE Attorney for Plaintiff TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff, V. CUMBERLAND COUNTY No. 08-3627-CIVII, TERM CRAIG B. KISSINGER A/K/A CRAIG KISSINGER JILL E. KISSINGER A/K/A JILL KISSINGER Defendant(s). January 24, 2009 TO: CRAIG B. KISSINGER A/K/A CRAIG KISSINGER 1'7 LUKE LANE CARLISLE, PA 17013 JILL E. KISSINGER A/K/A JILL KISSINGER 3 SUSSEX DRIVE 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 YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY." Your house (real estate) at, 3 SUSSEX DRIVE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $244,845.09 obtained by TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION (the mortgagee) against you. In the event. the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHT'S 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 56) 3-7000. 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 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 LEGAL DESCRIPTION" ALL THAT CERTAIN tract of land situated in the Borough of Carlisle, Cumberland County, Pennsylvania, being Lot No. 2, as shown on a Plan entitled, 'Chesterfield (formerly Greystone Manor), Single-:Family Residential Development, Final Subdivision/Land Development Plan, Sections 2A,' dated December 8, 2000 by Penn Terra Engineering, Inc., State College, Pennsylvania, and recorded in Cumberland County Plan Book 85, Page 88, being bounded and described as follows: BEGINNING at an iron pin, lying in a northerly right of way line of Sussex Drive (60 foot right of way, 28 foot wide cartway) and being a southeasterly corner of Lot No. 3; thence along said lot North 04 degrees 04 minutes 35 seconds West, 120.00 feet to an irin pin, being a common corner of said lot, Lot No. 6 and Lot No. 7; thence along Lot No. 7 North 85 degrees 55 minutes 25 seconds East, 60.00 feet to an iron pin, lying in a southerly line of said lot and being northwesterly corner of Lot No. 1; thence along Lot No., 1 South 04 degrees 04 minutes 35 seconds East, 120.00 feet to an iron pin, being a southerly corner of said lot and lying in a northerly right of way line of Sussex Drive (60 foot right of way, 28 foot wide cartway); thence along said right of way South 85 degrees 55 minutes 25 seconds West, 60.00 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.165 acres. TITLE TO SAID PREMISES IS VESTED IN Craig Kissinger and Jill Kissinger, by Deed from S & A Homes, Inc. formerly known as S & A Custom Built Homes, Inc., a Pennsylvania Corporation, dated 09/11/2007, recorded 09/11/2007 in Instrument Number 200735454. THIS DEED is executed by Calvin Trimble, Attorney-in-Fact for S&A Custom Built Homes, Inc., pursuant to authority as granted in Power of Attorney as set forth in Misc. Book 724 page 391. PREMISES BEING: 3 SUSSEX DRIVE, CARLISLE, PA 17013 PARCEL NO. 05-19-1647-260 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3627 Civil CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TAYLOR, BEAN & WHITAF:ER MORTGAGE CORPORATION, Plaintiff (s) From CRAIG B. KISSINGER a/k/a CRAIG KISSINGER JILL E. KISSINGER a/k/a JILL KISSINGER (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 $244,845.09 L.L. Interest from 12/11/07 to Date of Sale (per diem - $40.25) -- $22,057.00 and Costs Atty's Comm % Arty Paid $1,243.24 Plaintiff Paid Date: 2!25/09 Due Prothy $2.00 Other Costs urtis R. Long, Prothonotary (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG By: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Deputy Real Estate Sale # 80 On February 27, 2009 the Sherifflevied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, IIA. Known and numbered as 3 Sussex Drive, +.;arlisle. More fully described on Exhibit "'A " filed with this writ and by this reference incorporated here i;> Date: February 27, 2009 By: They Patriot-News Co. 812. Market St. Harrisburg„ PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE z4f Patr1*otwXews Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 05/01/09 05/08/09 ........ ...... Sworn to an subs ibed before me this 12 day of May, 2009 A.D. i f Notary Pub\ ?- COMMONWEALTH OF PE14NSYLVANIA Notarial Seal -?? Sherrie L Kisner, Notary Public City Of Harrisburg, Dauphin Courilly p My Corrxrrission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notsfles Real Estate Sale No. SU Wrt No. 2006.3U7 CWIl Term Taylor, Bean and Whitaker Mortgage Corporation VS Craig B. Kissinger, slide Craig Kissinger and Jill E. Kissinger, a/irle Jill Kissinger Attorney Daniel Stshmleg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in the Borough of Carlisle, Cumberland County, Pennsylvania, being Lot No. 2, as shown on a Plan entitled, 'Chesterfield (formerly Greystone Manor), Single-Family Residential Development, Final Subdivision/Land Development Plan, Sections 2A,' dated December 8, 2000 by Penn Tetra Engineering. Inc., State College, Pennsylvania, and recorded in Cumberland County Plan Book 85, Page 88, being bounded and described as follows: BEGINNING at an iron pin, lying in a northerly right of way line of Sussex Drive (60 foot right of way, 28 foot wide cartway) and being a southeasterly comer of Lot No. 3; thence along said lot North 04 degrees 04 minutes 35 seconds West, 120.00 feet to an iron pin, being a common comer of said lot, Lot No.6 and Lot No.7; thence along Lot No.7 North 85 degrees 55 minutes 25 seconds East, 60.00 feet to an iron pin, lying in a southerly line of said lot and being northwesterly comer of Lot No. 1; thence along Lot No. 1 South 04 degrees 04 minutes 35 sa n& Biet: x.00 feet to an iron pin, being a soufirly corner of said lot and lying in a northerly r*t of way lute of &4w% Drive (60 foot rig61 of way, 28 foot wide carbvay); tknce along said right of way South 85 degrees 55 minutes 25 seconds West, 60A0 fee to an iron pin, being the place of BEGINNING. CONTAINING 0.165 acres. TITLE TO SAID PREMISBS IS VESTED IN Craig Kissinger and Jill Kissinger, by Deed from S & A Homes, Inc. formerly known as 5 & A Custom Built Homes, Inc., a Pennsylvania corporation, dated 09/11/2007, recorded 09/11! 2007 in Instrument Number 200735454. THIS DEED is executed by Calvin Trimble, Attomey-in-Fact for S&A Custom Built Homes. Inc., pursuant to authority as granted in Power of Attorney as set forth in Misc. Book 724 page 391. PREMISES BEING: 3 SUSSEX DRIVE. CARLISLE, PA 17013 PARCEL NO. 05-19-1647-260 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: May 1, May 8, and May 15, 2009 Ai:fiant 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. /1sa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this May. 2009 L?• (=Notary HOTARiAL SEAL DEBDRAH A COLLINS Nolcry Public CARLISLE BOi?O, CUNIDERLAND COUNTY Nly Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 80 Writ No. 2008 13±j2 i i r. Taylor, Bean Arid Whit.akcr Mortgage Corporation Craig B. KissrngcL <:; k Kissinger, and,Ji)l E. Kissinger a/k/a Jill Kissinger Atty.: Darnel. Schmie LEGAL DESCRIPTION ALL THAT CERTAIN tract of taau situated in the Borough of Carlisle Cumberland. County, PennsO ania being Lot No. 2„ as shown on a Flan entitled, `Chesterfield (fonnerly° (;reN stone Manor), Single-Family Residen tial Development, Final Subdivision Land Development Plan, Section,, 2A,' dated December 8. 2000 b, Penn Terra Engineering, Inc., Stag-, College, Pennsylvania, and recorded in Cumberland County Plan Book 85, Page 88, being bounded and, described as follows: BEGINNING at an no» pu'i . ivit,g in a northerly right of way line of Sussex Drive (60 foot right of wav. 28 foot wide cartway) and being a south easterly corner of Lot No. 3; thence along said lot North 04 degrees 0,4 minutes 35 seconds West, 120.00 feet to an irin pin, being a common corner of said lot, Lot No, 6 and Lot No. 7; thence along Lot No 7 Nortti 85 degrees 55 minutes 25 seconds East, 60.00 feet to an iron pin. 1= ng. in a southerly tine of said iw arc! being northwesterl (carnet No. 1; thence along Lot N 04 degrees 0/; nunutc.? nd. East, 120 00 let, ax; v07 pig ing a southerh corner of said 1v? air lying in a northerly right of wav h!; - of Sussex Drive (66 foot right of w<n - 28 foot wide cartway); thence aiotx _ said right of w-ay South 85 degref 55 minutes 25 seconds West. 60 feet to an iron pin . being the place BEGINNING, CONTAINING TITLE TO SAID PREMISE; i VESTED IN Craig Kissinger and Jill Kissinger; by' Deed from S FS, .6: Homes. Inc. formerly known at+ & A Custom Built Hornes. in, _ Pennsylvania corporation, dated 09/11/2007, recorded 091'-', 1!20()-, in Instrument Number 200735454 THIS DEED is executed Yx Calit Trimble, Attorney--in-Fact for S&A Custom Built Homes, Inc , pul si.rar to authority as granted in Power w Attorney as set forth in Misr Boot 711 page 3C)' 'AR{.'t;L NO t): Iii-if-,1.bt?