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HomeMy WebLinkAbout08-4147PHELAN 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 &.-<AUREN 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 181995 CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 V. Plaintiff THEODORE MOTZ JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. D Fr - y l'(? C a-v;1 4 cr, CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 181995 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 #: 181995 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 File #: 181995 THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 181995 1. Plaintiff is CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: THEODORE MOTZ JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 05/25/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR HOMEBRIDGE MORTGAGE BANKERS CORPORATION, D/B/A, REFINANCE.COM which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1994, Page 2895. 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 03/01/2008 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 #: 181995 6 The following amounts are due on the mortgage: Principal Balance $206,768.53 Interest $6,935.88 02/01/2008 through 07/10/2008 (Per Diem $43.08) Attorney's Fees $1,250.00 Cumulative Late Charges $424.85 05/25/2007 to 07/10/2008 Cost of Suit and Title Search 550.00 Subtotal $215,929.26 Escrow Credit Deficit ($1,823.30) $0.00 Subtotal 1 823.30 TOTAL $214,105.96 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 #: 181995 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 $214,105.96, together with interest from 07/10/2008 at the rate of $43.08 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. HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE n LAUREN R. TABAS, ESQUIRE 73?a7 VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 181995 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, being more particularly bounded and described as follows: BEGINNING at a steel pin on the southern most dedicated right-of-way line of Allenview Drive, at the corner of Lot No. 18 on the hereinafter mentioned plan of lots; THENCE extending in and along said dedicated right-of-way line, North Seventy-Nine (79) degrees Forty- One (41) minutes Thirty (30) seconds East, Ninety and Zero Tenths (90.0) feet to a steel pin on said right-of-way line at lands N/F of Breneman and Calabrese; THENCE by last mentioned lands, South Ten (10) degrees Eighteen (18) minutes Thirty (30) seconds East, One Hundred Fifty (150) feet to a steel pin at a common area reserved for recreation as shown on the hereinafter mentioned plan of lots; THENCE extending South Seventy-Nine (79) degrees Forty- One (41) minutes Thirty (30) seconds West, Ninety (90) feet to a steel pin at the corner of Lot No. 18; THENCE extending along said Lot No. 18, North Ten (10) degrees Eighteen (18) minutes Thirty (30) seconds West, One Hundred Fifty (150) feet to a steel pin on the dedicated right-of-way line of Allenview Drive and the place of BEGINNING. File #: 181995 CONTAINING 13,500 square feet and being designated as Lot No. 17 on Stage 1 of a final subdivision plan prepared for Allenview Inc., by Clifton E. Rodgers & Associates, dated March 15, 1976, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 29, Page 77. PARCEL NO. 42-28-2423-164 PROPERTY BEING: 338 ALLENVIEW DRIVE File #: 181995 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff i outside the jurisdiction of the Court and/or the verification could not be is 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 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 of 18 Pa.C.S. Sec. 4904 relating to unworn falsificatiom t,, penalties DATE: 0 J - f'z?- ? V G c IT, -n C- C-- F= 21- SHERIFF'S RETURN - REGULAR CASE NO: 2008-04147 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FIN?NCE LLC VS MOTZ THEODORE ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland Cou#ty,Pennsylvania, who being duly sworn according to law, says, the with MOTZ THEODORE DEFENDANT at 338 ALLENVI COMPLAINT - MORT FORE was served upon the at 1644:00 HOURS, on the 18th day of July , 2008 DRIVE MECHANICSBURG,'iPA 17055 THEODORE MOTZ by handing to 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 Cost Docketing Service Affidavit Surcharge 3: So Answers: 18.00 - ` ?.•C ?-"'?'E' 11.00 .00 E 10.00 R. Thomas Kline .00 39.00- 07/22/2008 PHELAN HALLINAN SCHMIEG 1/13/015 11:? Sworn and Subs ibed to B - before me this day Deputy S er ff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-04147 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS MOTZ THEODOREIIET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the wit in COMPLAINT - MORT FORE was served upon MOTZ JOANNE M the DEFENDANT „ at 1644:00 HOURS, on the 18th day of July 2008 at 338 ALLENVIGEW DRIVE MECHANICSBURG,IPA 17055 THEODORE MOTZ by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE and at the same together with time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to before me this of So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 7/22/2008 PHELAN HALLINAN SCHMIEG By. day eputy Sheriff A.D. Ala PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE HOME FINANCE LLC Plaintiff VS. THEODORE MOTZ JOANNE M. MOTZ Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 084147 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 intiff? By: Francis S. Hallinan, Esquire Date: 8/1/08 PHS #: 181995 . 0 VERIFICATION Whitney K. Cook hereby states that he/she is Assistant Secretary of CHASE HOME FINANCE LLC, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. ame: DATE: Title: / /Assistant Company: CHASE HOME FINANCE LLC Loan: 1860172894 File. #: 181995, JUL 112008 I " FCL. D4G$ PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE HOME FINANCE LLC Plaintiff VS. THEODORE MOTZ JOANNE M. MOTZ Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 084147 CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: THEODORE MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6149 JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6149 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallinan, Esquir Date: 8/ 1 /08 ?? ? ?:: .5 ?? ?? ?.A µ. ? t ? r ? ? 1 ' `^ , ??'„ . .. ,,.a... , ?,,,°" a. y ..- .?-? ??, . Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 CHASE HOME FINANCE LLC VS. THEODORE MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6149 JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6149 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 084147-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against THEODORE MOTZ and JOANNE M. MOTZ, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest - 7/11/08 TO 9/11/08 TOTAL $214,105.96 $2,714.04 $216,820.00 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, Wu-ire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: jQ' -.0 PHS# 181995 PRO PROTHY PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 CHASE HOME FINANCE LLC : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY THEODORE MOTZ JOANNE M. MOTZ :NO. 08-4147-CIVIL TERM Defendants TO: THEODORE MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: AUGUST 8, 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 Marlene Powers, 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 (215) 563-7000 CHASE HOME FINANCE LLC : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY THEODORE MOTZ JOANNE M. MOTZ :NO. 084147-CIVIL TERM Defendants TO: JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG PA 17055 DATE OF NOTICE: AUGUST 8.2008 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 Marlene Powers, Legal Assistant Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 CHASE HOME FINANCE LLC VS. Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION THEODORE MOTZ : NO. 084147-CIVIL TERM JOANNE M. MOTZ . 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 THEODORE MOTZ is over 18 years of age and resides at 338 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055-6149. (c) that defendant JOANNE M. MOTZ is over 18 years of age, and resides at 338 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055-6149. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Daniel G. Schmieg, Es e Attorney for Plaintiff ril .TF -- rz, C"? (Rule of Civil Procedure No. 236) - Revised CHASE HOME FINANCE LLC : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. THEODORE MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6149 : CIVIL DIVISION : NO. 084147-CIVIL TERM JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6149 Notice is given that a Judgment in the above captioned matter has been entered against you on , 2008. By: T'--' x &41*2 If you have any questions concerning this matter please contact: --? - / a /- / " Daniel G. Schmieg, Esquire Attorney or Party Filing 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (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 PRE VIO USL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFOR CEMENT OFA LIEN AGAINSTPROPER TY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CHASE HOME FINANCE LLC Plaintiff, V. THEODORE MOTZ JOANNE M. MOTZ Defendant(s). No. 08-4147 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 09/12/2008-03/04/2008 (per diem -$35.64) Add'1 Costs TOTAL $216,820.00 $6,201.36 and Costs $223,021.36 DANIEL G. SCHMIEG, ESQUIREO One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ' 181995 <C o? a a u' wQ ov ?v a a U 00 w Or ? o ?, o W 6 0 N v w o? w 00 a? v a v? o o ° ?n ? r ? as vv d UU AQ Ww 00 ' ? M M ,d M M w o ?Qao$o 0 =tea 1 ® .yam PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC Plaintiff, V. THEODORE MOTZ JOANNE M. MOTZ Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4147 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff e-a C. °cn 71- W CHASE HOME FINANCE LLC V. Plaintiff, THEODORE MOTZ JOANNE M. MOTZ Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4147 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE HOME FINANCE LLC, 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 ,338 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name THEODORE MOTZ JOANNE M. MOTZ Last Known Address (if address cannot be reasonably ascertained, please indicate) 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: 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 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 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. September 15, 2008 DATE A-Ar. Q I A, X-Dvm 11 DANIEL G. SCHMIEG, ESQUII Attorney for Plaintiff C) 9t Y f ,,. CHASE HOME FINANCE LLC Plaintiff, V. THEODORE MOTZ JOANNE M. MOTZ Defendant(s). TO: THEODORE MOTZ September 15, 2008 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 08-4147 JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 338 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $216,820.00 obtained by CHASE HOME FINANCE LLC (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) 56000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, being more particularly bounded and described as follows: BEGINNING at a steel pin on the southern most dedicated right-of-way line of Allenview Drive, at the corner of Lot No. 18 on the hereinafter mentioned plan of lots; THENCE extending in and along said dedicated right-of-way line, North Seventy Nine (79) degrees Forty-One (41) minutes Thirty (30) seconds East, Ninety and Zero Tenths (90.0) feet to a steel pin on said right-of-way line at lands N/F of Breneman and Calabrese; THENCE by last mentioned lands, South Ten (10) degrees Eighteen (18) minutes Thirty (30) seconds East, One Hundred Fifty (150) feet to a steel pin at a common area reserved for recreation as shown on the hereinafter mentioned plan of lots; THENCE extending South Seventy Nine (79) degrees Forty-One (41) minutes Thirty (30) seconds West, Ninety (90) feet to a steel pin at the corner of Lot No. 18; THENCE extending along said Lot No. 18, North Ten (10) degrees Eighteen (18) minutes Thirty (30) seconds West, One Hundred Fifty (150) feet to a steel pin on the dedicated right-of-way line of Allenview Drive and the place of BEGINNING. CONTAINING 13,500 square feet and being designated as Lot No. 17 on Stage 1 of a final subdivision plan prepared for Allenview Inc., by Clifton E. Rodgers & Associates, dated March 15, 1976, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 29, Page 77. IT BEING known and numbered as 338 Allenview Drive, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES VESTED IN Theodore Motz and Joanne M. Motz, his wife, by Deed from Allenview, Inc., a corporation organized and existing under and by virtue of the laws of the commonwealth of PA, dated 08/30/1979, recorded 09/06/1979 in Book Q28, Page 290 PREMISES BEING: 338 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055 PARCEL NO. 42-28-2423-164 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 084147 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE, LLC, Plaintiff (s) From THEODORE MOTZ and JOANNE M. MOTZ (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 $216,820.00 L.L. $30 Interest from 9/12/08 - 3/04/08 (per diem - $35.64) - $6,201.36 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $174.00 Other Costs Plaintiff Paid Date: 9/16/08 Prothonotary (Seal) By: 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 Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 ' AFFIDAVIT OF SERVICE PLAINTIFF CHASE ROME FINANCE LLC DEFENDANT(S) THEODORE MOTZ JOANNE M. MOTZ SERVE JOANNE M. MOTZ AT: 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 08-4147 ACCT. #181995 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 4, 2009 SERVED _ Served and made known to d /27S 7'7- , Defendant, on the $'` day of , 200_tat &'Ii? o'clock,.m., at , Commonwealth of Pennsylvania, in the manner described below: X Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age _42L? Height 5'61 Weight /,CO Race 4V Se. ,C- Other a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the or as set forth herein, issued in the captioned case on the date and at the address indicated above. Swom to and subscribed before me this ? day Kenneth W. Baker of 200. 19 Bisbee Drive Notary: By: Burl60gt JnbNJ 8016 LEASE TT E ?gy E AT LEAST 3 TIMES. INDICATE DATES & ??33TIMS OF SERVICE TINE RE 'a ATTEMPTED. NOTARY PUBLIC STATE OF NEW JERSEY NOT SERVED On Yff COMM d?tiV o EXPIRES 1012512012 y . 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Swom to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHIVIIEG, Esquire - I.D. No. 62205 of , 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 l7 a- 5 C-- r ? `'r r 1 f ?. LL AFFIDAVIT OF SERVICE .w ' PLAINTIFF CHASE HOME FINANCE LLC DEFENDANT(S) THEODORE MOTZ JOANNE M. MOTZ SERVE THEODORE MOTZ AT: 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 08-4147 ACCT. #181995 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 4, 2009 SERVED Served and made known to A9711- . Defendant, on the day of 200,, at o'clock,4m., at 3Sk /erN?r?w f&,_ Commonwealth of Pennsylvania, in the manner described below: Defendant personally served.o Z -Adult family member with whom Defendant(s) reside(s). Name and Relationship is ! o ` 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 s 16 Weight f&Q_ Race W Sex e - Other I, /? ?v , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of sheriffs Sale in the manner as set fo erein, issued in the captioned case on the date and at the address indicated above. THEODORE J. HARRIS Sworn to and subscribed NOTARY PUBLIC Kenneth W. Baker before a this/f' day STATE OF NEW JERSEY 19 Bisbee Drive of r4 .200. COMMISSION EXPIRES 10 Burlington, NJ 08016 Notary: By: 609-526-4231 PL ASE ATTE SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant I" Attempt: Time: 2nd Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of .200-. Notary: Attorney for Plaintiff DANIEL G. SCH[ IEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 oZ- 15-6 Q r7 ?" L"..., C ri PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC Plaintiff Court of Common Pleas V. Civil Division CUMBERLAND County THEODORE MOTZ JOANNE M. MOTZ No. 08-4147 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: Plaintiff commenced this foreclosure action by filing a Complaint on July 11, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on September 12, 2008 in the amount of $216,820.00. 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 March 4, 2009. 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 $206,768.53 Interest Through March 4, 2009 $17,101.77 Per Diem $43.08 Late Charges $792.90 Legal fees $1,300.00 Cost of Suit and Title $901.50 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 $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,772.76 TOTAL $228,637.46 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 Defendant on January 27, 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 "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. Phelan Hallinan & Schmieg, LLP DATE: 2--7 lo-7 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 CHASE HOME FINANCE LLC Plaintiff Court of Common Pleas V. Civil Division CUMBERLAND County THEODORE MOTZ JOANNE M. MOTZ No. 08-4147 CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE THEODORE MOTZ and JOANNE M. MOTZ 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 338 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055-6149. 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 Pittsburg-h v. Cion oli, 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 and Loan Association v. Street Road Shopping enter, 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: z-7 OF 9 By: Phelan Hallinan & Schmieg, LLP 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 JAM E MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 181995 CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 V. Plaintiff THEODORE MOTZ JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 C o O C= 7y trV c- y Tp n, E5 5 L w CA) -? ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0 F- y/ 1/ 7 Gd?r I `f c.e , CUMBERLAND COUNTY Defendts?t16ea coCr ct ?.? ? ?Yg1 nij CIVIL ACTION - LA1W9ingj fgj.cj Q I t , MPLAINT IN MORTGAGE FORECLOSURE reenvo File #: 181995 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File N: 181995 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 File #: 191995 THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Fife #: 181995 1. Plaintiff is CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: THEODORE MOTZ JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/25/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR HOMEBRIDGE MORTGAGE BANKERS CORPORATION, DB/A, REFINANCE.COM which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1994, Page 2895. 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 03/01/2008 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. Fife #: 181995 6. The following amounts are due on the mortgage: Principal Balance $206,768.53 Interest $6,935.88 02/01/2008 through 07/10/2008 (Per Diem $43.08) Attorney's Fees $1,250.00 Cumulative Late Charges $424.85 05/25/2007 to 07/10/2008 Cost of Suit and Title Search 550.00 Subtotal $215,929.26 Escrow Credit ($1,823.30) Deficit $0.00 Subtotal ($1,823.30) TOTAL $214,105.96 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. 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 #: 181995 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 $214,105.96, together with interest from 07/10/2008 at the rate of $43.08 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. LLINAN & SCHMIEG_-LLP LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE 9W7 VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File k 191995 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, being more particularly bounded and described as follows: BEGINNING at a steel pin on the southern most dedicated right-of-way line of Allenview Drive, at the corner of Lot No. 18 on the hereinafter mentioned plan of lots; THENCE extending in and along said dedicated right-of-way line, North Seventy-Nine (79) degrees Forty- One (41) minutes Thirty (30) seconds East, Ninety and Zero Tenths (90.0) feet to a steel pin on said right-of-way line at lands N/F of Breneman and Calabrese; THENCE by last mentioned lands, South Ten (10) degrees Eighteen (18) minutes Thirty (30) seconds East, One Hundred Fifty (150) feet to a steel pin at a common area reserved for recreation as shown on the hereinafter mentioned plan of lots; THENCE extending South Seventy-Nine (79) degrees Forty- One (41) minutes Thirty (30) seconds West, Ninety (90) feet to a steel pin at the corner of Lot No. 18; THENCE extending along said Lot No. 18, North Ten (10) degrees Eighteen (18) minutes Thirty (30) seconds West, One Hundred Fifty (150) feet to a steel pin on the dedicated right-of-way line of Allenview Drive and the place of BEGINNING. File #: 181995 CONTAINING 13,500 square feet and being designated as Lot No. 17 on Stage I of a final subdivision plan prepared for Allenview Inc., by Clifton E. Rodgers & Associates, dated March 15, 1976, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 29, Page 77. PARCEL NO. 42-28-2423-164 PROPERTY BEING: 338 ALLENVIEW DRIVE File #: 181995 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 falsifice DATO -0 - ? I I , la Exhibit "B" Phelan Hallman & Schmieg, LLP By. Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215 320-0007 CHASE HOME FINANCE LLC VS. THEODORE MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6149 JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6149 Attorney for Plaintiff CUMBERLAND COUNTY 4 COURT OF COMMON PL CIO CIVIL DIVISION NO. 08-4147-CIVIL TERMn 3 . ? ? .rte lriit?e ;n To L' PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against THEODORE MOTZ and JOANNE M. MOTZ. Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest - 7/11/08 TO 9/11/08 TOTAL $214,105.96 $2,714.04 $216,820.00 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. . t? mum DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: PHS# t81995 Daniel G. Schmieg, faire Attorney for Plaintiff (-- hA 7/4 1 Ea L? PRO PROTHY . Exhibit "C" 1 r? Ix- H n ? B c. ? o. ?i ?7 H EOL Q. C w ? O w O 3 m x ? t.n °AiL b ? 0 N 0. w 3 w t s .o O o" N ? 'NO O p • O O ? 3 ?. S o rn 09? c2. m O d, 9 aa?? gg3?'? `G n rv o.m? a .y a o' H B v?y5. r ?am N A a .? O 0, C O b 1 d hr A• 00 ?p t Q' N ti n? ? ?. yr A A 00 Ya -F n o cn A o t i ?o ? a ro ? ,b c W N w 00 Y ? z a 40 ?? 1 1 1 1 1 1 I. f ,. SAP P% c a AIR. f 10 va vmaer Bo*E?; 02 1M $01. 0004218010 JAN 28 2009 MAILED FROM ZIP CODE 19'103 VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: 27 / o BY: Phelan Hallinan & Schmieg, LLP 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 Q15) 563-7000 CHASE HOME FINANCE LLC Court of Common Pleas Plaintiff V. THEODORE MOTZ JOANNE M. MOTZ Defendants Civil Division CUMBERLAND County No. 08-4147 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. THEODORE MOTZ JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6149 DATE: 2-7 aS Phelan Hallinan & Schmieg, LLP By: ?IA»Oq? Michele M. Bradford, Esquire Attorney for Plaintiff ? ?`' ? , .,, _y ? ? f-?.j .'ti . .._{ L. 1 : , +: ? r:?, ? ... . ?'? -C; FEB 0 e, 2c% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC Court of Common Pleas Plaintiff Civil Division V. : CUMBERLAND County THEODORE MOTZ JOANNE M. MOTZ No. 08-4147 CIVIL TERM Defendants RULE AND NOW, this day of 2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. -Z W tT NIP Z0 pys ESQ TtJ-1 ,pTC& of -T 64 is ?? . Rule Returnable ewe 2009 , at in rh Ma C , BY THE COURT C? J. hele M. Bradford, Esquire e161lan Hallinan & Schmieg, LLP 7 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com ? ? ? Q N ? -? ?+_- cs.. -'' ? ? ? ? N U /4T14EODORE MOTZ OANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6149 181995 t y THEODORE MOTZ JOANNE M. MOTZ CHASE HOME FINANCE LLC : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION VS. NO. 08-4147 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney forCHASE HOME FINANCE LLC hereby verify that true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: February 2. 2009 Attorney for Plaintiff i a 0 f? 'a a w o C C7 0 `n `n 00 0 a ? ?a gu a? C ? ? •o b zoo £ 0 L 6 L 3003 dlZ YVOa3 0311VVV 8002 t7Z d3S OL08LZb000 ' QOZ'ZO $ M zo 530AOB F3Nlkl ? C ® A ?y d Soo w o > O C) O Od w ? O ?W w ?G a ? a CO O X O z M AU U UAa, L m .Ey Z O d A V 0 i ?Hr ON Q F-+ rG 00 N a? N .fl ? •? o O O O ? U Cr" ? •? O QI a? O U `'"' N Lzr N C -d a W a 3 FH •?/J i•? • A x > r x .., .-? U 000 ? 1 ?; a O >4) ? Q y a? 3 o a . ?N - o" a Pj3?' (ju C 4 'D O ? U?vM 0 ? 3, ¢ oNO z w 3.CZ ? aoo o x 00 U E-+ n %o 0 ON 0 a U F A z 1 w? E? w u o °Ji E C Vi ? Q O u?4?J V f/j n. E E c? ACV c 7 E ?w.s °1 u° o 0 .? ? T•3 o, e 'i0 E m E E-R °' c E R E g x ' u ?w•? u b E '° o ? ° o 'e h?°.ovo o ? o Q ° ? a A C a•a 0 u '•+ CvOi CW C O W N O C O N D a Em 'u o a g oa CD CD .t7 N 69 G1i 04 4 a u a ?w u o? ?a Ha °e A o r z3 F 'rc C 00 s L, LLJ N U PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC Plaintiff V. THEODORE MOTZ JOANNE M. MOTZ Court of Common Pleas Civil Division CUMBERLAND County No. 08-4147 CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of March 10, 2009 was sent to the following individual on the date indicated below. THEODORE MOTZ JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6149 Phelan Hallinan & Schmieg, LLP DATE: Zl' s By: Michele M. Bradford, Esquire Attorney for Plaintiff t? ^? ?--- ? { ?.?..X .? (?\ `? t i? ..`? ?'?`^ I- 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 CHASE HOME FINANCE LLC Plaintiff V. THEODORE MOTZ JOANNE M. MOTZ Court of Common Pleas Civil Division CUMBERLAND County No. 08-4147 CIVIL TERM Defendants PRAECIPE TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on February 3, 2009 in the above referenced action. DATE: 3/ S /0 f By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff I, 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 CHASE HOME FINANCE LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County THEODORE MOTZ JOANNE M. MOTZ No. 08-4147 CIVIL TERM Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. THEODORE MOTZ JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6149 Phelan Hallinan & Schmieg, LLP DATE: By: 1? Michele M. Bradford, Esquire Attorney for Plaintiff t? 4`"." C ry 'm, ?v7 . w r- lam' Chase Home Finance LLC VS Theodore Motz and Joanne M. Motz In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-4147 Civil Term Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on November 8,2008 at 0920 hours, he served a true copy of the within Real Estate Writ, Notice; and Description, in the above entitled action, upon the within named defendants, to wit: Theodore Motz and Joanne M. Motz, by making known unto Theodore Motz personally and husband of Joanne M. Motz, at 338 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 9, 2009 at 1844 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 Theodore Motz and Joanne M. Motz, located at 338 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Theodore Motz and Joanne M. Motz, by regular mail to their last known address of 338 Allenview Drive, Mechanicsburg, PA 17055. These letters were mailed under the date of January 9, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff s Costs: Docketing 30.00 Poundage 20.85 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 21.60 Levy 15.00 Surcharge 30.00 Post Pone Sale 40.00 Law Journal 425.00 Patriot News 432.92 Share of bills 15.52 1,063.39 So Answers: R. Thomas Kline, Sheriff 000 ,/ - qxvjoi 9, -), eti (i Ck, 9? 5 /-11 ;l.) 7/17 ? h BY_ Real Estate Coordinator 17 .CHASE HOME FINANCE LLC ` Plaintiff, - V. THEODORE MOTZ JOANNE M. MOTZ Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-41,47 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE HOME FINANCE LLC, 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 ,338 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name THEODORE MOTZ JOANNE M. MOTZ Last Known Address (if address cannot be reasonably ascertained, please indicate) 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 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 thz- penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 15, 2008 DATE 3pm-yk??. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff CHASE HOME FINANCE LLC Plaintiff, V. THEODORE MOTZ JOANNE M. MOTZ Defendant(s). CUMBERLAND COUNTY No. 08-4147 September 15, 2008 TO: THEODORE MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 "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 YRECEI VED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFOR CEMENT OFA LIEN AGAINST PROPERTY. ** Your house (real estate) at, 338 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff s Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $216,820.00 obtained by CHASE HOME FINANCE LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, ,you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, being more particularly bounded and described as follows: BEGINNING at a steel pin on the southern most dedicated right-of-way line of Allenview Drive, at the corner of Lot No. 18 on the hereinafter mentioned plan of lots; THENCE extending in and along said dedicated right-of-way line, North Seventy-Nine (79) degrees Forty-One (41) minutes Thirty (30) seconds East, Ninety and Zero Tenths (90.0) feet to a steel pin on said right-of-way line at lands N/F of Breneman and Calabrese; THENCE by last mentioned lands, South Ten (10) degrees Eighteen (18) minutes Thirty (30) seconds East, One Hundred Fifty (150) feet to a steel pin at a common area reserved for recreation as shown on the hereinafter mentioned plan of lots; THENCE extending South Seventy-Nine (79) degrees Forty-One (41) minutes Thirty (30) seconds West, Ninety (90) feet to a steel pin at the corner of Lot No. 18; THENCE extending along said Lot No. 18, North Ten (10) degrees Eighteen (18) minutes Thirty (30) seconds West, One Hundred Fifty (150) feet to a steel pin on the dedicated right-of-way line of Allenview Drive and the place of BEGINNING. CONTAINING 13,500 square feet and being designated as Lot No. 17 on Stage 1 of a final subdivision plan prepared for Allenview Inc., by Clifton E. Rodgers & Associates, dated March 15, 1976, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 29, Page 77. IT BEING known and numbered as 338 Allenview Drive, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES VESTED IN Theodore Motz and Joanne M. Motz, his wife, by Deed from Allenview, Inc., a corporation organized and existing under and by virtue of the laws of the commonwealth of PA, dated 08/30/1979, recorded 09/06/1979 in Book Q28, Page 290 PREMISES BEING: 338 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055 PARCEL NO. 42•-28-2423-164 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-41.47 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE, LLC, Plaintiff (s) From THEODORE MOTZ and JOANNE M. MOTZ (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 lie/she has been added as a garnishee and is enjoined as above stated. Amount Due $216,820.00 L.L. $.50 Interest from 9/12/08 - 3/04/08 (per diem - $35.64) - $6,201.36 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $174.00 Other Costs Plaintiff Paid Date: 9/16/08 Prothonota ? (Seal) By: Deputy 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 Supreme Court ID No. 62205 Real Estate Sale #11 On October 30, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 338 Allenview Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 30, 2008 By: Real Estate Sergeant 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: January 30, February 6, and February 13, 2009 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. sa Marie Coyne, Edit SWORN TO AND SUBSCRIBED before me this day of Februa 13 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS W.Aary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 11 Writ No. 2008-4141 Civil Chase Home Finance LIX Vs. Theodore Motz and Joanne M. Motz Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County of Cumberland, Com- monwealth of Pennsylvania, being more particularly bounded and de- scribed as follows: BEGINNING at a steel pin on the southern most dedicated right-of-way line of Allenview Drive, at the corner of Lot No. 18 on the hereinafter mentioned plan of lots; THENCE ex- tending in and along said dedicated right-of-way line, North Seventy-Nine (79) degrees Forty-One (41) minutes Thirty (30) seconds East, Ninety and Zero Tenths (90.0) feet to a steel pnn on said right-of-way line at lands N/F of Breneman and Calabrese; THENCE by last mentioned lands, South Ten (10) degrees Eighteen (18) minutes Thirty (30) seconds East, One Hundred Fifty (1>0) feet to a. steel pin at a common area reserved for recreation as shuwn on the hereinaf- ter mentioned plan of lots; THENCE extending South Seventy-Nine (79) degrees Forty-One (41) minutes Thirty (30) seconds West. Ninety (90) feet to a steel pin at the corner of Lot No. 18; THENCE extending along said Lot No. 18, North Ten (10) degrees Eighteen (18) rninut:es Thirty (30) sec- onds West, One Hundred Fifty (150) feet to a steel pin on the dedicated right-of-way line of Allenview Drive and the place of BEGINNING CONTAINING 13,500 square tee! and being designated as Lot No 17 on Stage 1 of a final subdivision pian prepared for Allenvierc Inc.. by Clit- ton E. Rodgers & .Associates, dated March 15, 1976, and -ec:orded in th* Office of the Recorded of Peeds in zinci for Cumberland Count ?, Pennaylv?, nia, in Plan Book 29, Page '77 IT BEING known and numbei-ec_ as 338 Allenview Drive, Mechanics burg, Pennsylvania. BEING THE SAMIs PREMISES VESTED IN Theodore Metz and Joanne M. Metz, his wife, by° Deed from Allenview, Inc., rs corporation organized and existing under and by virtue of the laws of the common- wealth of PA, dated 08/30/1979, recorded 09/06/1979 in Book Q28, Page 290. PREMISES BEING: 338 ALLEN VIEW DRIVE, MECHANICSBURG PA 17055. PARCEL NO. 42-28-7423-164 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CHASE ROME FINANCE LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. THEODORE MOTZ JOANNE M. MOTZ Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due . NO. 084147 CIVIL TERM CUMBERLAND COUNTY $216,820.00 Interest from 09/12/2008 to Date of Sale $22,417.56 ($35.64 per diem) TOTAL Attorney IS' Phelan alti h ieg, LLP 32227 ? La ence , Esq., Id. No. Fr cis S, 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 hrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 181995 O? a Z12 o° O? ?U a U W z4 wa U > N W??b A A O ?O O O ? W O? w V a 0 -o a W ?Q tia NAC7 NAC7 0 o3 3 paU Ww? b Q H M O M O N NC+p? ?D?p po0 QMN (????yZdN o Z o oz ©Zo?`ovM,?,rQ c d o iNO cz ?°ZZz?Z?.6 ?Z W o' zti ;d ;a c TO a A 79 a ?????? ?•? ova ? ?? ?? O.-W co >a? you 1 O O Qa am v? `a L u.? IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: THEODORE MOTZ JOANNE M. MOTZ Debtors Bk. No. 1:09-bk-01474 MDF CHASE HOME FINANCE LLC Movant V. THEODORE MOTZ JOANNE M. MOTZ Respondents Chapter No. 13 11 U.S.C.§362 ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of CHASE HOME FINANCE LLC (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 338 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage or take any legal or consensual action enforcement of its right to possession of, or title to, said premises (such actions may include but are not limited to the signing of a deed in lieu of foreclosure or entering into a loan modification agreement) and to 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 AND DECREED THAT: Rule 4001(a)(3) is not applicable and CHASE HOME FINANCE LLC may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the Coma, Dated: October 19, 2009 p JIIdgC (JDK) This document is electronically signed and,filed on the same date. Case 1:09-bk-01474-MDF Doc 50 Filed 10/19/09 Entered 10/19/0915:06:46 Desc Main Document Page 1 of 1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: THEODORE MOTZ JOANNE M. MOTZ Chapter: 13 Debtor(s) CHARLES J. DEHART, III, TRUSTEE Movant(s) vs. THEODORE MOTZ JOANNE M. MOTZ Respondent(s) Case Number: 1:09-bk-01474-MDF ORDER DISMISSING CASE Upon consideration of the Trustee's Certificate of Default of the Court's Order of August 11, 2009 and it having been determined that this case should be dismissed, it is ORDERED that the above-named case of the debtor(s) be and it hereby is dismissed. By the Court, 7 - ?kv X-d- B p jad f (]DK) This document is electronically signed and filed on the same date. Dated: October 28, 2009 MDPA-Dismiss Case.WPT - REV 03109 Case 1:09-bk-01474-MDF Doc 54 Filed 10/28/09 Entered 10/29/09 12:47:07 Desc Main Document Page 1 of 1 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 FdLEt3-?.',=(E Attorneys for Plaintiff One Penn Center Plaza O F THE ;;;-!n!OTARY Philadelphia, PA 19103 215-563-7000 2010 JAN 19 A" 10: 3 5 CHASE HOME FINANCE LLC CiJE - COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 08-4147 CIVIL TERM THEODORE MOTZ , JOANNE M. MOTZ CUMBERLAND COUNTY Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is 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 unsworn falsification to authorities. By._ v Attorney P i Phelan alli an & Schmieg LP ? L ence . Phelan, Es ., Id. No. 32227 ? F ancis S. linan q., 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 hrisovalante P. Fliakos, Esq., Id. No. 94620 L?O Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 CHASE HOME FINANCE LLC Plaintiff V. % THEODORE MOTZ JOANNE M. MOTZ Defendant(s) C',c THE 4 ARY 2010 JAN 19 10: 35 r COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4147 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 CHASE HOME FINANCE LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 338 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055-6149. 1. Name and address of Owner(s) or reputed Owner(s): Name THEODORE MOTZ JOANNE M. MOTZ 2. Name and address of Defendant(s) in the judgment: Address (if address cannot be reasonably ascertained, please so indicate) 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 Name Address (if address cannot be reasonably ascertained, please so indicate) 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 Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name 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 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 Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6149 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 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.A. § 4904 relating to unsworn falsification to authorities. January 13, 2010 By: Attorney fo 1 tiff Phelan H Ilina & Schmi , LLP E] Lawr nce T. helan, q., Id. No. 32227 El Francis S. Hallm , sq., 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 I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 CHASE HOME FINANCE LLC FlLED--0;'=i,C,E COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION 2010 JAN 19 AM 10: 35 . VS. CfPrj NO. 08-4147 CIVIL TERM THEODORE MOTZ CUMBERLAND COUNTY JOANNE M. MOTZ Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: THEODORE MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 * *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, 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 338 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055-6149 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $216,820.00 obtained by CHASE HOME FINANCE LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 08-4147 CIVIL TERM CHASE HOME FINANCE LLC VS. THEODORE MOTZ JOANNE M. MOTZ owner(s) of property situate in the Township of Upper Allen, Cumberland County, Pennsylvania, being (Municipality) 338 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055-6149 Parcel No. 28-2423-0164-000000042 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $216,820.00 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAUDESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, being more particularly bounded and described as follows: BEGINNING at a steel pin on the southern most dedicated right-of-way line of Allenview Drive, at the corner of Lot No. 18 on the hereinafter mentioned plan of lots; THENCE extending in and along said dedicated right-of-way line, North Seventy Nine (79) degrees Forty-One (41) minutes Thirty (30) seconds East, Ninety and Zero Tenths (90.0) feet to a steel pin on said right-of-way line at lands N/F of Breneman and Calabrese; THENCE by last mentioned lands, South Ten (10) degrees Eighteen (18) minutes Thirty (30) seconds East, One Hundred Fifty (150) feet to a steel pin at a common area reserved for recreation as shown on the hereinafter mentioned plan of lots; THENCE extending South Seventy-Nine (79) degrees Forty-One (41) minutes Thirty (30) seconds West, Ninety (90) feet to a steel pin at the corner of Lot No. 18; THENCE extending along said Lot No. 18, North Ten (10) degrees Eighteen (18) minutes Thirty (30) seconds West, One Hundred Fifty (150) feet to a steel pin on the dedicated right-of-way line of Allenview Drive and the place of BEGINNING. CONTAINING 13,500 square feet and being designated as Lot No. 17 on Stage 1 of a final subdivision plan prepared for Allenview Inc., by Clifton E. Rodgers & Associates, dated March 15, 1976, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 29, Page 77. UNDER AND SUBJECT NEVERTHELESS, to the declarations and covenants and restrictions prepared for Allenview Inc., and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 226, Page 24. TITLE TO SAID PREMISES IS VESTED IN Theodore Motz and Joanne M. Motz, his wife, by Deed from Allenview, Inc., a corporation organized and existing under and by virtue of the laws of the commonwealth of PA, dated 08/30/1979, recorded 09/06/1979 in Book Q28, Page 290. PREMISES BEING: 338 ALLENVIEW DRIVE, MECHArIICSBURG, PA 17055-6149 PARCEL NO. 28-2423-0164-0000000-42 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4147 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, Plaintiff (s) From THEODORE MOTZ and JOANNE M.MOTZ (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 $216,820.00 L.L. Interest from 9/12/08 to Date of Sale ($35.64 per diem) -- $22,417.56 Arty's Comm % Atty Paid $1,258.89 Plaintiff Paid Date: 1/19/10 (Seal) Due Prothy $2.00 Other Costs REQUESTING PARTY: Name: JOSHUA L GOLDMAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER BLVD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 205047 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY CHASE HOME FINANCE LLC PUS # 181995 DEFENDANT SERVICE TEAM/ aaa THEODORE MOTZ JOANNE M. MOTZ COURT NO.: 08.4147 CIVIL TERM SERVE THEODORE MOTZ AT: 338 All NVIEW DRIVE MECHANICSBURG, PA 17055 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: Ofiffi 2010 SERVED Served and made known to -TA aW A C Mb T Z , Defendant on the 1L day of F u11 2010 , ID o k: 3n ,o'clock p. M., atg "v taw Mil,`, , in the manner described below: C V Defendant personally served A-1 Vc 0" ccs gust& , PA 7' _ Adult family member with whom Defendant(s) reside(s). Relationship is -°' -, _ Adult in charge of Defendant'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 office or usual place of business. an officer of said Defendant's company. :. c. ..._...Other c;:; •< Description: Age (00 Height 1(o -` Weight 19'0 Race W Sex AA Other I, Pow At- D /"cPL? c? a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Swom to and su?bed before me this I I day of 201 a. N?By: On the day of . 20_, at _ Vacant _ Bad Address _ No Answer _ Service Refused Other: Sworn to and subscribed before me this day of= By: Notary: KP'TSRLY CURTY NO y:+.RY PUBLIC STATE OF NTW JERSEY NOT SERVED MY COMMISSION EXPIRES MARCH 7, 2013 o'clock _. M., Defendant NOT POUND because: - Moved _ Does Not Reside (Not Vacant) K&Ws T. A h%M1%' Y Nw 33W 1M1?d1&AM= ,Imo,liNadM ail G. sank& 6+9 M. Nw Uw Mkb&bL- - B%,M.NLOW JWft7.an.RO+,11LNL=M JE"LDns! g,ILN&8N" Laws L 7riw, b!. M. Nw 93M717 V lwt sdwrea, L+, IL N? 212'131 Jq K bW% 64, M. W KW? FAwIll' '3 14V.,ILNw61M Anew V 90wac, Mp4. M. Na M139 JieMd;dWW%)OiF,M Na9l131 /.Llwwlw?i lilrgBq ILNwfKl9 Jmiw LGdiiwk 6j„ 1L Na nW GwIwgLD04 NIOLML2WI9 Mi}w?C- M N?211175 75 Ji!C 9dkMM PYI FADNS•ffiU C" Sw7N9 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY CHASE HOME FINANCE LLC PHS # 181995 DEFENDANT SERVICE TEAM/ aaa THEODORE MOTZ JOANNE M. MOTZ COURT NO.: 08-4147 CIVIL TERM SERVE JOANNE M. MOTZ AT: 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 06/'02/2010 6?v,4 R r_ o SERVED Served and made known to 1 k AA I?D ,Defendant on the j 'I` day of L Y 2Q- , at a 30 , o'clock ?. M., at k& u%r-w DAI dF , in the manner described bef6W- 1D - Defendant personally served. Fe4 wr-s lbOFb, P4 `- ; n j Adult family member with whom Defendant(s) reside(s). Relationship is SsA-w - Adult in charge of Defendant's residence who refused to give name or relationship. = Man /Clerk of lace of lodgm 'g ? which Defendant(s) reside(s). in - - Agent or person in charge of Defendant's office or usual place of business. c an officer of said Defendant's company. Other. Description: Age. Height 5'(0 r Weight 14 o Race W Sex -M Other I, -??/Jkt.? a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this (14 day 9 KIMBERLY CURTY Of Pte, 20-Lo. A NOTARY PUBLIC STATE GFKW:ERSEY No y: MY COMMISSION EXPIRES MARCH 7, 2013 NOT SERVED On the day o , 20_, at o'clock M., Defendant NOT FOUND because: - Vacant _ Bad Address _ No Answer _ Service Refused Other: Swom to and subscribed before me this day Of _. By: Notary: - Moved .- Does Not Reside (Not Vacant) AITORNEYFORPLADaW Lw.?seeT. Arks [i4, Y Nw 3IZ17 P-wi S. H?i?,1h}, M. NL CINS Ddd C. Sdw1e;, RMI,. Y. Na QM Jtl6 T.I4MMM, Re%, X NLW45 SieeW R Skt?J?1, ??„ I L NL $170 JareRObe7.8.' NwSM 1A-]L 9tikq lag, M. NL!< W ""k"WoR .sol.ILNL21P331 Jaw L Jes, Mill. Ii NL Mn PderbMdaky, 0%.Id.No 617% Amdww L Sliwd. BM., K NL tbtlf Jdw MKWWMM ZK$, IL NL MM Clebr?, ,P.PNdw4SA..M.NL94M Jd=L Gdiwftg6Id. NL 3 M7 r--7sb R. Do, L46 1d. N? nON 0j*ft=? IigNywgi?ti75 M17Jdo P. [?woit Sdk un PNMdAi . PA MM-M4 (20) d63.77M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC Plaintiff, V. THEODORE MOTZ JOANNE M. MOTZ Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS n a CIVIL DIVISION C -V7 T, No. 08-4147 CIVIL TEM,. r co AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ct, CUMBERLAND COUNTY ) SS: r_ 171 °f As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. 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 Exhibit "A". ?? __q - ? Lawrence T. Phelan, q., 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 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 ? Ja . Jones, Esq., Id. No. 86657 ERf eter 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 I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: Attorney for Plaintiff '' II 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. PHS # 181995 f e, e e F r E M ao C POU ??aR Q 0 P. ii 'b {r za0 ° s w H 6 ? S .e a E 0 L6 L 3000d{Z WOHA 0311VW OLOZ OZNVf 99ZLLZb000 o9z3o $ AL a o s - a SMAOR .M ?'?Sbd S?dy? ? ? o 1 W a ? 41 ., o ?- ..3 m was a.9 ? oL` w o w e .' w 00 ? H N ? ? ? .a a vii ti a ?M1 > 'b 4 ? O va` 61 o. b b tn u gmg S .? > ` > n U a d E , .y a •r r cp N F y^ dAG7 h ?v7 Q1 c O ? u c z ? AzU 41 r. cYi A i±.o ? v Fa Q ra ,? o k a ayi .a ? "v, ? Q o .G C W °° ? w WCO G? G 7Z OS O 6/0 co W zu 4 0 w O a za "1 N M et 1 f! % D h 0 0 O, H 14 r Nr 14 14 0 a. a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?srtytit" at ? u?nbe? f??? OFF CE OF THE St ERIFF Jody S Smith Chief Deputy Richard W Stewart Solicitor 1? l 1 7 r ? , ?, , AD?? ..7 i ?f U!r ll Prl?1 3 :a.3 Chase Home Finance LLC vs. Theodore Motz (et al.) Case Number 2008-4147 SHERIFF'S RETURN OF SERVICE 04/06/2010 01:49 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1347 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 Theodore Motz and Joanne M. Motz and, located at, 338 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 04/06/2010 01:49 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1349 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: Theodore Motz, by making known unto, Theodore Motz, personally, at, 338 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 04/06/2010 01:49 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1349 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: Joanne M. Motz, by making known unto, Theodore Motz, spouse, at, 338 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 05/27/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 5/26/10 SHERIFF COST: $1,775.09 August 11, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF 0,00 fw(. eo . ek.-A '77.571 Afk ?yl 77:9- (c) CountySuite Shenff. Teleosofl, Inc. r CH JE HOME FINANCE LLC COURT OF COMMON PLEAS aintiff CIVIL DIVISION V. NO. 08-4147 CIVIL TERM THEODORE MOTZ JOANNE M. MOTZ CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 CHASE HOME FINANCE LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 338 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055-6149. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) THEODORE MOTZ JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name 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 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 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6149 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare 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.A. § 4904 relating to unworn falsification to authorities. January 13, 2010 By: Attorney 10011 tiff Phelan H lina & Schmi , LLP ? Lawr nce T. helan, q., Id. No. 32227 ? Franis S. Hall sq., 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 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 CHASE HOME FINANCE LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO. 08-4147 CIVIL TERM THEODORE MOTZ CUMBERLAND COUNTY JOANNE M. MOTZ Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: THEODORE MOTZ JOANNE M. MOTZ 338 ALLENVIEW DRIVE 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 "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, 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 338 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055-6149 is scheduled to be sold at the Sheriffs Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $216,820.00 obtained by CHASE HOME FINANCE LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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. 4 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 08-4147 CIVIL TERM CHASE HOME FINANCE LLC VS. THEODORE MOTZ JOANNE M. MOTZ owner(s) of property situate in the Township of Upper Allen, Cumberland County, Pennsylvania, being (Municipality) 338 ALLENVIEW DRIVE. MECHANICSBURG, PA 17055-6149 Parcel No. 28-2423-0164-000000042 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $216,820.00 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, being more particularly bounded and described as follows: BEGINNING at a steel pin on the southern most dedicated right-of-way line of Allenview Drive, at the corner of Lot No. 18 on the hereinafter mentioned plan of lots; THENCE extending in and along said dedicated right-of-way line, North Seventy-Nine (79) degrees Forty-One (41) minutes Thirty (30) seconds East, Ninety and Zero Tenths (90.0) feet to a steel pin on said right-of-way line at lands N/F of Breneman and Calabrese; THENCE by last mentioned lands, South Ten (10) degrees Eighteen (18) minutes Thirty (30) seconds East, One Hundred Fifty (150) feet to a steel pin at a common area reserved for recreation as shown on the hereinafter mentioned plan of lots; THENCE extending South Seventy-Nine (79) degrees Forty-One (41) minutes Thirty (30) seconds West, Ninety (90) feet to a steel pin at the corner of Lot No. 18; THENCE extending along said Lot No. 18, North Ten (10) degrees Eighteen (18) minutes Thirty (30) seconds West, One Hundred Fifty (150) feet to a steel pin on the dedicated right-of-way line of Allenview Drive and the place of BEGINNING. CONTAINING 13,500 square feet and being designated as Lot No. 17 on Stage 1 of a final subdivision plan prepared for Allenview Inc., by Clifton E. Rodgers & Associates, dated March 15, 1976, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 29, Page 77. UNDER AND SUBJECT NEVERTHELESS, to the declarations and covenants and restrictions prepared for Allenview Inc., and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 226, Page 24. TITLE TO SAID PREMISES IS VESTED IN Theodore Motz and Joanne M. Motz, his wife, by Deed from Allenview, Inc., a corporation organized and existing under and by virtue of the laws of the commonwealth of PA, dated 08/30/1979, recorded 09/06/1979 in Book Q28, Page 290. PREMISES BEING: 338 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055-6149 PARCEL NO. 28-2423-0164-0000000-42 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-4147 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW 'q , . TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, Plaintiff (s) From THEODORE MOTZ and JOANNE M.MOTZ (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 $216,820.00 L.L. Interest from 9/12/08 to Date of Sale ($35.64 per diem) -- $22,417.56 Atty's Comm % Due Prothy $2.00 Atty Paid $1,258.89 Plaintif3' Paid Date: 1/19/10 Other Costs David D. Buell, P •othonotary (Seal) By: REQUESTING PARTY: Name: JOSHUA I. GOLDMAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER BLVD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 205047 Deputy On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 338 Allenview Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By. Real Estate Coordinator qfi b d OZ mf NZ 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: April 16, April 23, and April 30, 2010 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. Writ No. 4008-4147 Civil Chase Home Finance LLC vs. Theodore Motz Joanne M. Motz Atty: Daniel G. Schmieg By virtue of a Writ of Execu- tion NO. 08-4147 CIVIL, CHASE HOME FINANCE LLC vs. THEODORE MOTZ, JOANNE M. MOTZ, owners of property situate in the Township of Upper Allen, Cumberland County, Pennsylvania, being 338 ALLEN- VIEW DRIVE, MECHANICSBURG, PA 17055-6149. Parcel No. 28-2423-0164-0000- 000-42. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $216,820- .00. ;k_ Lisa Marie Coyne, Ediyt6r SWORN TO AND SUBSCRIBED before me this 30 day of April, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 z4fPatriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she 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: 04/16/10 Writ No. 2008-4147 Civil Term 04/23/10 Chase Home Finance LLC 04/30/10 Vs. Theodore Motz Joanne M Motz G. . .. Atty: Daniel G Schmieg By virtue of a Writ of Execution NO. 08-4147 CIVILTERM Sworn to and subscribed before me this 18 d?y of May, 2010 A.D. CHASE HOME FINANCE LLC vs. THEODORE MOT7 JOANNE M. MOTZ, Owner(s) of property situate in the Township of Notary Public Upper Allen, Cumberland County, Pennsylvania, being (Municipality) 338 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055-6149 COMMONWLWALTH OF PENNSYLVANIA Parcel No. 28-2423-0164-0000000-42 (Acreage or street address) Notarial Improvements thereon: RESIDENTIAL Sherrie L ICl, Notary Public Lower Paxton l1vWp., Dauphin County DWELLING JLDGMENT AMOUNT- My Commission Expares Nov, 26, 2011 ?, i 6.820.00 Member, PennsYivanla Assoclation of Notaties Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County THEODORE MOTZ JOANNE M. MOTZ No. 08-4147 CIVIL TERM Defendant TO THE PROTHONOTARY: Please vacate the judgment(s) entered and mark the action discontinued and ended without prejudice. FAN HALLINANq&CHMIEG, LLP Date: ?2A'I?a By: ce . Phelan, Esq., Id. N4. 32227 S. Hallinan, Esq., Id. No. 62695 lFran i . Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 -Q Sheetal R. Shah-Jani, Esq., Id. No. 8170 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 -?2> 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 `1: Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 PHS# 181995 Attorneys for Plaintiff P-J C) rn rz err' C') Q? a? C'