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HomeMy WebLinkAbout08-5261PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 185976 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff SUSAN ZUERCHER 311 VALLEY STREET SUMMERDALE, PA 17025-0000 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - S24.1 Ltvt"T CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 185976 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 #: 185976 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 i3: 185976 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 4: 185976 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: SUSAN ZUERCHER 311 VALLEY STREET SUMMERDALE, PA 17025-0000 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/15/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COASTAL CAPITAL CORPORATION DB/A THE MORTGAGE SHOP which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1836, Page 3907. By Assignment of Mortgage recorded 09/26/2005 the mortgage was assigned to COUNTRYWIDE HOME LOANS SERVICING, LP which Assignment is recorded in Assignment of Mortgage Book No. 721, Page 618. 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 #: 185976 The following amounts are due on the mortgage: Principal Balance $76,794.56 Interest $2,982.05 02/01/2008 through 09/02/2008 (Per Diem $13.87) Attorney's Fees $1,250.00 Cumulative Late Charges $175.02 09/15/2003 to 09/02/2008 Cost of Suit and Title Search 550.00 Subtotal $81,751.63 Escrow Credit ($107.88) Deficit $0.00 Subtotal 107.88 TOTAL $81,643.75 9 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. File #: 185976 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $81,643.75, together with interest from 09/02/2008 at the rate of $13.87 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: - 0 ?-Aoj?? g0(.3y LA NCE 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 VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 185976 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in Bast Perauftro Township, Cumberland County, Pennsylvania, more particularly bounded and de3oribed- as follows, according to a survey of Ernest J.* Walker, Professional Rtagineere, dated December 19, 1968, to wit: DWXNG at a point at an Iron pin on the southern line- of valley Street at the dividing line between Lot Dios. 4 and 5 on the hereinafter mentioned plan of Lots, and being a distance of 252.3 feet treasured westwardly by the southern line of Valley Strut troa? Third 8tr*et: thence along the dividing litre between Lot Nos . 4 and 5 on said Plan, South 15 degrees X"t, 156,25 Feet to a point at an iron pin on the nasthern line of a 16 toot wide alley (unopened) ; thence along the northtrn line of *aid alley, south 76 degzves 26 minutes lWat, 5o toot to a? point at an Iron pan, being the dividing line between Lot mos. 5 ead 6 on said Plan; thence along the dividing line between Lot: Nos. 5 and 6 on said Plan, North 15 degrees West, 155 feet to a poitlt at an iron pin on the southern ling of Valley Streets thence alaeg the southern line of valley Street, North 75 degrees Rant, 50 feet to a point, the place of B6aDI1EMUG. ' HRV Lot No. 5, Section B, Plan of Bumnordale, as recorded in the Cumberland County Recorder of Deeds Office in Plan Rook 1, Page 44, (Revised flan -&c ok Z, Page 109). WING TRRR909 ERBCTM) a 1M atory frame dwelling kwwn and numbered am L.Malley Street, Summardale, pannaylvenia. AM SMINCT, NEVBRT*MLBSB, to restrictions, easewnto and cotuii,timw aQ stained in prior instruments of record pertaining to said pre loe;es. PARCEL NO: 09-12-2994-073 PROPERTY ADDRESS: 311 VALLEY STREET File #: 185976 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. c At orney for Plaintiff C? p 3 y DATE: 9 -2- `0 8 p ? ?o w w C h d F cn w C? cr) 0 Ti 5? -M rr' s. L r oV> PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff VS. SUSAN ZUERCHER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5261-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. Date: C) ?'A D? Phelan Hallinan & Schmieg, LLP Attorne for Plainti By: Francis . Hallin ., Esquire PHS #: 185976 Jr, ' •% , VERIFICATION MARKBISHOP hereby states that he/she is 18TVICEPRESIDW of COUNTRYWIDE HOME LOANS, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief'. The undersigned understands that this statement is made subject to the penalties of 18 Ila. C.S. Sec. 4904 relating to unsworn falsification to authorities. m e: "I DA'L'E: File 4 185976 I' i tl e : vARK 9ISHOP,1 ST VICE PRESIDENT Company: COUNTRYWIDF: IIOMF LOANS. INC. 1 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 COUNTRYWIDE HOME LOANS, INC. Plaintiff VS. SUSAN ZUERCHER Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5261-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: SUSAN ZUERCHER 311 VALLEY STREET SUMMERDALE, PA 17025-0000 A '02 Date: g Phelan Hallinan & Schmieg, LLP Attorn y for Plai By: Francis S. Halli an, Esquire o C* cx? -4 `- t?+i u SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05261 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS ZUERCHER SUSAN R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT 7TTT;T?(''UWP CTTCAT-,T but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT 311 VALLEY STREET SUMMERDALE, PA 17025 ZUERCHER SUSAN DEFENDANT IS IN ASSISTED LIVING IN PERRY COUNTY. Sheriff's Costs: So answers- 18.00 Docketing Service 15.00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 0 lol.? 0 ?08 4 PHELAN HALLINAN SCHMIEG 8.00 10/15/2008 Sworn and Subscribed to before me this day of A. D. Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff vs. SUSAN ZUERCHER Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : No. 08-5261-CIVIL TERM Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: December 2 2008 PHELAN HALLINAN CH LP By: S F NCIS S. HALL AN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jmr, Svc Dept. File# 185976 ra r? c? VV t ? t^r T,F f "v^4? b r ? ?y a V fi fi S° C" E r SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05261 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS ZUERCHER SUSAN R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT ZUERCHER SUSAN but was unable to locate Her deputized the sheriff of PERRY to wit: in his bailiwick. He therefore serve the within COMPLAINT - T FORE County, Pennsylvania, to on December 23rd , 2008 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answ Docketing 18.00 Out of County 9.00 Surcharge 10.00 K:-Thomas Kli Dep Perry County 30.55 Sheriff of Cu erland County Postage .93 68.48 Oak? 12/23/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. r , In The Court of Common Pleas of Cumberland County, Pennsylvania Counrtywide Horne Loans Inc - vs. Susan Zuercher re-instated Complaint copy of the original in Mortgaat- Fare losure Affidavit of Service Now, December 15, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry Him Be advised Defendant is in Stonebridge Health & Re-Hab 102 Chandra Dr. Duncannon, PA 17020 So deputation being made at the request and risk of the Plaintiff. /f Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Now, December 17, , 20 08, at 8:07 o'clock P M. served the within Complaint in Mortgage Foreclosure (Re-instated) upon Susan Zuecher at 20 Firehouse Rd. Duncannon, PA 17020(Penn Township) by handing to Randy Fulkroad, Def. Son-in-Law a True & Attested and made known to Deputy Sworn and subscribed before me this Z1 day of 20W F. FUMNW. Notary 8btxnlieid swo. ?-ebcounw . 6 2412 fhn*m M Commisaton No. 08-5261 civil County to execute this Writ, this the contents thereof k Perry COSTS SERVICE $ MILEAGE AFFIDAVIT Jan D. Houck Badge #8-4 County, PA I- Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 COUNTRYWIDE HOME LOANS, INC. VS. Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS SUSAN ZUERCHER CIVIL DIVISION 311 VALLEY STREET SUMMERDALE, PA 17025-0000 No. 08-5261-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 SUSAN ZUERCHER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint Interest - 09/03/2008 to 01/22/2009 TOTAL I hereby certify that (1) the addresses of the Defen that notice has been given in accordance with Rule 237.1, $81,643.75 $1,969.54 $83,613.29 ) are as shown above, and (2) Daniel G. Schinieg, E Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: a3 0 PHS # 185976 PRO PROTHY Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 COUNTRYWIDE HOME LOANS, INC. VS. SUSAN ZUERCHER Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 08-5261-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SUSAN ZUERCHER is over 18 years of age and resides at 311 VALLEY STREET, SUMMERDALE, PA 17025-0000. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Daniel G. Schi ieg, E Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. v Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-5261-CIVIL TERM SUSAN ZUERCHER Defendant(s) TO: SUSAN ZUERCHER 20 FIREHOUSE RD DUNCANNON, PA 17020-9006 DATE OF NOTICE: January 7, 2009 CUMBERLAND COUNTY 4 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. 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 VIENNA C. VITACOLONNA Legal Assistant PBS # 185976 ° -rs ? _ ? Q ?? c__. b" .c- -rs ? -p - .r . N cyA 'G' d r--'_ s} '- ?' ? 1 =.?:. ° ?.rr a- tm:_ ? t`•3 -t .,,.j(, r-=m ? ........ y? ?, ?? (Rule of Civil Procedure No. 236) - Revised COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS SUSAN ZUERCHER 311 VALLEY STREET SUMMERDALE, PA 17025-0000 CIVIL DIVISION No. 08-5261-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on. By: If you have any questions concerning this Daniel G. Schmieg, Es ire Attorney or Party Filin 1617 JFK Boulevard, to 1400 One Penn Center Plaza 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 PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY" PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. SUSAN ZUERCHER Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 01/23/2009 - 06/10/2009 (per diem -$13.94 ) TOTAL Note: Please attach description of property. No. 08-5261-CIVIL TERM $83,613.29 $1,937.66 and Costs $85,550.95 One Pe Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 185976 0 0 0 0 N 0 d a w a d w od c ? A U ; r?i1 Irl cW o x w? O H Q v;*?j f?°•? a 0 o U ? x > N ? ? d °??, o? ? v 45 x w w _ __ ? ?U -Tl cn 'o o t- Uo0bCO k .? 0 '?. Ui ? F ? a p PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. SUSAN ZUERCHER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5261-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () 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. DAN EL . SCH1e4X', ESQUIRE Attorney for Plaintiff Wi s. t 71 f T1 COUNTRYWIDE HOME LOANS, INC. a of r Plaintiff, V. SUSAN ZUERCHER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Defendant(s). NO. O&5261-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 COUNTRYWIDE HOME LOANS, INC., 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 ,311 VALLEY STREET. SUMMERDALE. PA 17025-0000. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SUSAN ZUERCHER 311 VALLEY STREET SUMMERDALE, PA 17025-0000 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CAPITAL ONE BANK 2417 WELSH ROAD, STE 21 #520 C/O DAVID APOTHAKER PHILADELPHIA, PA 19114 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AMERICAN GENERAL FINANCIAL SERVICES, INC. 601 N. W. SECOND STREET EVANSVILLE, IN 47708 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 AMBER FULKROAD 311 VALLEY STREET SUMMERDALE, PA 17025-0000 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 20 FIREHOUSE ROAD DUNCANNON, PA 17020 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 Isification to authorities. February 23, 2009 + DATE DAN G. SCH EG, ESQUIRE Attorney for Plaintiff C-} 71 } COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. SUSAN ZUERCHER Defendant(s). CUMBERLAND COUNTY No. 08-5261-CIVIL TERM February 23, 2009 TO: SUSAN ZUERCHER 311 VALLEY STREET SUMMERDALE, PA 17025-0000 **THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 311 VALLEY STREET, SUMMERDALE, PA 17025-0000, is scheduled to be sold at the Sheriff s Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $83,613.29 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 cMTAIN lot or tract of land situate in Bast Pennab ro Township, Cumberland Crxtnty, Pennsylvania, more particularly bounded and described as follows, according to a surrey of Erneat J. Walker, Professional Srigineers, dated December 29, 1968, to wit: SWIM UNG at a point, at an iron pin on the southern line of Valley Street at the dividing line betv"m Lot Soo. 4 and 5 on the hereinafter mentioned Plan of Lots, and being a distance of 252.3 feet treasured weetwazdly by the southern litre of Valley Street fran Third Streets thence along the dividing litre between Lot Nos. 4 and 5 an said Plan, Soutb 15 degrees East, 2S6.25 fret to a point at an iron pin on the northern line of a 16 foot wide alley (unop4med); thence along the northern line of said a11ey, South 76 degrees 26 minutes west, 50 f of to a point at an iron pin, belts' the dividing line between Lot Was. 5 and 6 on said Plan; thence along the dividing litre between Lot Nom. 5 and 6 on said Plan, Worth 15 degrees west, ISS feet to a point at an iron pin on the southern ling of Valley Street; thence al" the southern line of valley Street, North 75 degrees Bast, 50 feet to a point, the place of REGIMaM. ' REXD 3 Got No. 5, Section S, Plan of 9unwrdale, as recorded in tbie Cumberland. County Recorder of Deeds office in plan Rook 1, Page 44, (Revised Plan Rook 2, Page 109). HAVING TSbN ERECTED a 136 story frame dwelling known and numbered as 311 Valley street, summard41a, Pennsylvania. UNDER AND SUBJECT, NEti?SRTMIMS, to restrictions, easements and conditions as contained itt prior inatrtmients of record pertaining to said premises. 1) Vested by Special Warranty Deed, dated 911512003, given by Stephen Radczenko, Jr. and Jenean M. Radczenko, his wife to Susan Zuercher, single person and recorded 911812003 in Book 259 Page 1893 PREMISES BEING: 311 VALLEY STREET, SUMMERDALE, PA 17025-0000 PARCEL NO. 09-12-2994-073 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5261 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From SUSAN ZUERCHER (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 $83,613.29 L.L. $.50 Interest from 1/23/09 - 6/10/09 (per diem - $13.94) -- $1,937.66 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $245.48 Plaintiff Paid Date: 2115(409 (Seal) REQUES r ING PARTY: Name; DANIFUL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG Other Costs d k - 4 urtis R. L g,ro&hono7 By: Deputy ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF DEFENDANT(S) COUNTRYWIDE HOME LOANS, INC. SUSAN ZUERCHER CUMBERLAND COUNTY No. 08-5261-CIVIL TERM ACCT. #186576 SERVE. SUSAN ZUERCHER C/O AMBER FAO P.O.A Type of Action tv?k?o - Notice of Sheriff's Sale AT: 20 FIREHOUSE ROAD DUNCANNON, PA 17020 Sale Date: JUNE 10, 2009 SERVED pr M/K. Served and made known to .# efendant, on the 44" day of , . 200F at :&V o'clock ?.m., atzo %%A&4wsc 6",vNp7,y Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is i R?• - s ?v»z? 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 3S- Height P7 weight jJ-o Race-k)-sex A _ Other Vow and state that I personally handed a competent adult, being duly sworn according to law, a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issu the captioned case on the date and at the address indicated above. Sworn to and subscribed Ken th W. Baker '0' 19 before me this oW ' day BUM 1i.1 ? of , 200-9. , -4? No By: PI.E'ASE ATTE SERVICE AT LEAST 3 TIMES. I ICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HARRIS NOT SERVED NOTARY PUBLIC On the STATE Qty W JERSEY 200_, at o'clock in., Defendant NOT FOUND because: MY COMMISSION EX Moved Unknown No Answer Vacant 1'` Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200. Notary: 2ad Attempt: Time: Attorney for Plaintiff DANIEL G. SCH IIEG, 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 Z7 00 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County SUSAN ZUERCHER Defendant No. 08-5261-CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on September 3, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on January 23, 2009 in the amount of $83,613.29. 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 June 10, 2009. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $76,794.56 Interest Through June 10, 2009 $7,071.49 Per Diem $13.68 Late Charges $144.83 Legal fees $1,300.00 Cost of Suit and Title $666.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $175.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $217.93 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $806.61 TOTAL $87,176.92 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 15, 2009 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: i//rl °f 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 COUNTRYWIDE HOME LOANS, INC. Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County SUSAN ZUERCHER No. 08-5261-CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE SUSAN ZUERCHER 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 311 VALLEY STREET, SUMMERDALE, PA 17025-0000. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. H. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh 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 Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road ShWin Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAMM MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 185976 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff SUSAN ZUERCHER C b C ?i M m En r* r;; -,. z -v m ?' ?-• o i -p PTs 0 w n, z ?,. q ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ?g - S41 l: t u lr 4_ CUMBERLAND COUNTY 311 VALLEY STREET We hereby catify the SUM[MERDALE, PA 17025-0000 Wfthln to be a fte and Defendant COrred COPY Of the Origlnal.flled of record CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Filc #: 185976 ArORWRM COPV P F*I1 UW ' 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 #: 185976 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 #: 185976 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 N: 185976 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: SUSAN ZUERCHER 311 VALLEY STREET SUMVIERDALE, PA 17025-0000 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/15/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COASTAL CAPITAL CORPORATION DB/A THE MORTGAGE SHOP which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1836, Page 3907. By Assignment of Mortgage recorded 09/26/2005 the mortgage was assigned to COUNTRYWIDE HOME LOANS SERVICING, LP which Assignment is recorded in Assignment of Mortgage Book No. 721, Page 618. 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(8); 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 k: 185976 6. The following amounts are due on the mortgage: Principal Balance $76,794.56 Interest $2,982.05 02/01/2008 through 09/02/2008 (Per Diem $13.87) Attorney's Fees $1,250.00 Cumulative Late Charges $175.02 09/15/2003 to 09/02/2008 Cost of Suit and Title Search 550.00 Subtotal $81,751.63 Escrow Credit ($107.88) Deficit $0.00 Subtotal 107.88 TOTAL $81,643.75 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. File N: 185976 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $81,643.75, together with interest from 09/02/2008 at the rate of $13.87 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Qov-i 0 ` qo r3 y LA NCE 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 VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File N: 185976 LEGAL DESCRIPTION ALL THAT C MTJlIla1 lot or tract of lard Situate - in $arst Pe wabore To asrhip, Cumbezland County, Pwumylvania. moss partimlarly bounded and deseribed• an follows, according to a slux"y of mat J.' Walker, Professional Xbginesrs, dated Deceatmw 19. 1968, to *it: EuiQI1?scm at a point at an iron pin an the souther iinn- ca valley street at the dividing l Jae between Lot Nos. 4 and 5 on the hereinafter wantionetd Plan of Late, and being a dimtance of 752.3 feet Measured westwardly by the southern line of Vallecy Street from Third streets theme along the dividing line between Lot Mos. 4 and 5 an said Plan, South 15 doges Bast, 156425 feet co a point at an iron pin on the northo= line of a is foot wide allay (Unopand) { thence along the northern' line of said alley, south 76 degrees 26 minutes West, 50 feet to a point at an 11COat pia, being the dividing line between Lot Now. 5 end 6 oa said Vlan tb&me &14=g the dividing line between Lot 2ftm. 5 and. 6 on said Bolan, ffgZ%h 15 deq%ves Wst, 1S5 feet to a poi.at at an iron pin on the southexnt limp of Palley Stseet.= tbamn al" the southarn litre of vealey street, North 75 deagraees Scat, so feet to a PoAnt, the place of 8970RUM. ` 88D?G [rot No. - 5, Section H. Plan of Guraordale, as recorded in tb:e Cumberland County Recorder of Deeds office in Plan Book 1, ftge 44, (Revised Plan 'bw)g, Page io9f. V; TWOM48 ZR®C'TW a< 13i story frame dwelling kno*n and cuaamb wed as - v?a?lley $tre et, Sunaaelexdmlos Peanerlvanial. tUM AID MMJUC7T, 1+iBVRR?'f1BLR88, to restrictions, ease uentas and coaaditiolw as contained in prior inetrvlmwts of record pertainiva to said pre edoe;<s. PARCEL NO: 09-12-2994-073 PROPERTY ADDRESS: 311 VALLEY STREET File 0: 185976 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.RC.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. ,yV1 c. A mey for Plaintiff Qpi3 t DATE: 9-z-08 Exhibit "B" Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ?TTORKY ME.-COPY 215-563-7000 PLEASE REMN Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY vs. COURT OF COMMON PLEAS SUSAN ZUERCHER CIVIL DIVISION o 311 VALLEY STREET PA 17025-0000 No. 08-5261-CIVIL TERM SUMMERDALE ?i 2 T.I! 3 - , m PRAECIPE FOR IN REM JUDGMENT TOR FAILURE TO z o ANSWER AND ASSESSMENT OF DAMAGES , TO THE PROTHONOTARY: PLEASE RETURN Kindly enter judgment in favor of the Plaintiff and against. SUSAN ZUERCHE R,..._. 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 Plainti ff's damages as follows: As set forth in Complaint interest - 09/03/2008 to 01/22/2009 TOTAL I hereby certify that (1) the addresses of the Defen that notice has been given in accordance with Rule 237. 1, 7TOR1 Y f U COPY PLEASE RETURN $81,643.75 1969.54 $83,613.29 are. as shown above, and (2) Daniel G. Schihieg, E Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS a 195976 PRO PROTHY Exhibit "C" 0 0 a? •a? C7 q v] ? y U W a a0 y b zoo >. ? yr a ag ? ? g o0 .r? 'a .a o H E .S y? Co L6l 3003 ? d12 w 60Q oa? LL Zj IV 0108 ab'000 n OZ9? t ? Wo v W Z0 =Nlid • r • o 0 0 ® - -?? ? -ter ? ? y 2 ?? fj P z 7 V ok G ? . ;%d 63%0 • a' O li W, E N C H O OgC? G W tt w O 3 O U T G G ? y ? d O 0 ?O N 009p'G E ^ o Q ? O C1 w 0p 1 C w ... O w Vf n •I O i O p O W O ? P•) d y ? tE Fi M ? ? Spa vi Q W ? ? O A Fr vim, of R: f-? .L . ? ?" I+NM ?' w a z ? ? w z v ? d U s 0 W ? A o a ? W N 0 n a. w i n ? ? ?? GL V1 ^• M /? 0. N on W x W x W x W W W p N N N 0.0 ° ? a z ? .n go b ? ? x a x w x a ?cQ J U N M vl (? 00 a\ ~ N ,?-? FCC 1 Sx. VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County SUSAN ZUERCHER Defendant No. 08-5261-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. SUSAN ZUERCHER 311 VALLEY STREET SUMMERDALE, PA 17025-0000 SUSAN ZUERCHER PO BOX 324 SUMMERDALE, PA 17093-0324 SUSAN ZUERCHER 20 FIREHOUSE RD DUNCANNON, PA 17020-9006 DATE: Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff OF THE: rtt 2C, P Al: I G f i 10: 2 7 APR 2 2 2nna jF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC. Plaintiff Court of Common Pleas V. SUSAN ZUERCHER Defendant Civil Division CUMBERLAND County No. 08-5261-CIVIL TERM RULE AND NOW, this__2_qjL day of 2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. , l Z aa ay ?cf ia-1. 1 c zcv S Rule Returnable o_ uh-0 c?. nnQ at r mf ;n ?*ChP ? n C ° ° > ? Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com t 0 ::'cl L2 c, 6012 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 COUNTRYWIDE HOME LOANS, INC Plaintiff V. SUSAN ZUERCHER Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 08-5261-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 24, 2009 Rule was sent to the following individual on the date indicated below. SUSAN ZUERCHER 311 VALLEY STREET SUMMERDALE, PA 17025-0000 SUSAN ZUERCHER PO BOX 324 SUMMERDALE, PA 17093-0324 SUSAN ZUERCHER 20 FIREHOUSE RD DUNCANNON, PA 17020-9006 DATE: Phel all' & Schmieg, LLP A U (del By: Michele M. Bradford, Esquire RLEQ-US=E iCE OF THc p pin E':-lob loNRY 2009 MAY -E AM 61: 10 (f?. "I T rF ?1 ??1 1 PHELAN LLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadeluhia. PA 19103-1814 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SUSAN ZU*RCHER No. 08-5261-CIVIL TERM Defendant MOTION TO MAKE RULE ABSOLUTE COUNTRYWIDE HOME LOANS, INC., by and through its attorney, Michele M. Bradford, Esquire, herby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and i? support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on April 21, 2009. 3. A Rule was entered by the Court on or about April 24, 2009 directing the i Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct dopy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on May 6, 2009, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 14, RE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absoloe and grant Plaintiff's Motion to Reassess Damages. P elarrHallin S ie LLP DATE: d By: ich e . Bradfor , Esq ' e Attorney for Plaintiff PHELAN LINAN & 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 COUNTRYWIDE HOME LOANS, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SUSAN ZU?RCHER No. 08-5261-CIVIL TERM Defendant BRIEF iN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 21, 2009. A Rule was entered by the Court on or about April 24, 2009 directing the Defendant to show cause why the Motion to R assess Damages should not be granted. The Rule to Show Cause was timely served upon all part?es on May 6, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 14, 2009. WHEREFORE; Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan H`llinan & Schmieg, LLP A 1A DATE: By: ache Bradford, Esquire Attorney for Plaintiff Exhibit "A" APR ? 2 2nn.9 j& IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC. . Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SUSAN ZUERCHER No. 08-5261-CIVIL TERM Defendant RULE AND NO*, this day of 2009, a Rule is entered upon the Defendant to show cau?e why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. w, l?(? Za' da-?S I ?c.Jz4e- 4S ?I C af Jr) Rule Returnable c4 th® ay r%f ?0 9 at he-Main Michele M. Br Phelan Hallinai 1617 JFK Boul Philadelphia, P. TEL: (215) 56: FAX: (215) 56 Jfbrd, Esquire & Schmieg, LLP vard, Suite 1400 , 19103 •7000 -3459 COW lire 94 ft of so now* ? i r - ?.K SUSAN 21UERCHER 311 VAL#Y STREET SUMME ALE, PA 17025-0000 SUSAN Z ERCHER 20 FIREH USE RD DUNCA ON, PA 17020-9006 SUSAN ZUERCHER PO BOX 324 SUMMERDALE, PA 17093-0324 185976 Exhibit "B" FUT _F, 2009 MAY AM It: ! I Y Rh x ?Jr""rSYLVr,JN T PHELAN H LLINAN & SCHMIEG, LLP by: Michel M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F Kennedy Boulevard Philadelphi PA 19103-1814 (2151561-7 nn a; ATTORNEY FOR PLAINTIFF COUNTRY1 IDE HOME LOANS, INC. 9?g4vornrnon Pleas Plaintiff Civil Division V. SUSAN ZU?RCHER CUMBERLAND County Defendant No. 08-5261-CIVIL TERM CERTIFICATION OF SERVICE I herby certify that a true and correct copy of the Court's April 24, 2009 Rule was sent to the following individual on the date indicated below. SUSAN ZU RCHER SUSAN ZUERCHER 311 VALLEY STREET 41* PO BOX 324 SUMMERD LE, PA 17025-0000 p,ERDALE, PA 17093-0324 SUSAN Z4RCHER j? 20 FIREHOUSE RD DUNCANNO N, PA 17020-9006 DATE: Phel all' & Schmieg, LLP By: Michele M. Bradford, Esquire VERIFICATION 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 M?tion to Make Rule Absolute are true and correct to the best of her knowledge, information ? d belief. The undersigned understands that this statement herein is made subject to the sworn ?enalties of 18 Pa.C.S. 4904 relating to the unsworn falsification of authorities. Phelan lILallinan & Schmieg, LLP A 16414A Al Pil DATE: By: Miche e M. Bradford, squ' e Attorney for Plaintiff PHELAN LINAN & 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 215 563-700 COUNTRY IDE HOME LOANS, INC. Court of Common Pleas Plaintiff : Civil Division V. CUMBERLAND County SUSAN Z*CHER No. 08-5261-CIVIL TERM Defendant CERTIFICATION OF SERVICE I here?y certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in ?upport thereof were served upon the following individuals on the date indicated below. SUSAN ZU RCHER 311 VALLE STREET SUMMERD LE, PA 17025-0000 I SUSAN ZU RCHER 20 FIREHOU SE RD DUNCANN N, PA 17020-9006 DATE: SUSAN ZUERCHER PO BOX 324 SUMMERDALE, PA 17093-0324 Ph Ian Hallinan & Schmieg, LLP I AtA I h )A By: Mi hel ra d, Es Attorney for Plaintiff ALED-l-'F-K""E OF THE F"",, I ,T "DTARY 2404 MAY 20 AM 9: SEA } 4 k ? e PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG IDENTIFICATION NO. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY V. SUSAN ZUERCHER COURT OF COMMON PLEAS CIVIL DIVISION NO.: 08-5261-CIVIL TERM PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the above captioned matter to the use of BAC HOME LOANS SERVICING, LP, F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, 7105 CORPORATE DRIVE, PLAN 24 DANIEL G. SCHMIE , SQUIRE Attorney for Plaintiff Date: May 15, 2009 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of BAC HOME LOANS SERVICING, LP, F/K/A COUNTRYWIDE HOME LOAD SF?RVICING, LP, 7105 CORPORATE DRIVE, PLANO, TX 75024, U Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: May 15, 2009 r 0A Ad Go Al PK?+ ?G?l7d MAY 2).'20090G IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC. Court of Common Pleas Plaintiff Civil Division V. SUSAN ZUERCHER CUMBERLAND County : No. 08-5261-CIVIL TERM Defendant ORDER AND NOW, this Ze ? day of MZ , 2009, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance Interest Through June 10, 2009 Per Diem $13.68 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge $76,794.56 $7,071.49 $144.83 $1,300.00 $666.50 $0.00 $175.00 $0.00 $217.93 $0.00 Suspense/Misc. Credits Escrow Deficit ($0.00) $806.61 TOTAL $87,176.92 Plus interest from June 10, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 185976 °. ;? ? ,.; ? V.r `` ..ky\? ?? ^?? i':• . . ? 't'.1;?g5?? * w, 4 .. n?\ 3 ? ' . r4??? ? ?`- h COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS SUSAN ZUERCHER Defendant(s). CIVIL DIVISION NO. 08-5261-CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 COUNTRYWIDE HOME LOANS, INC., 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 ,311 VALLEY STREET, SUMMERDALE. PA 17025-0000. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SUSAN ZUERCHER 311 VALLEY STREET SUMMERDALE, PA 17025-0000 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CAPITAL ONE BANK 2417 WELSH ROAD, STE 21 #520 C/O DAVID APOTHAKER PHILADELPHIA, PA 19114 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AMERICAN GENERAL FINANCIAL SERVICES, INC. AMERICAN GENERAL FINANCIAL SERVICES, INC. 601 N. W. SECOND STREET EVANSVILLE, IN 47708 3809 PAXTON STREET, SUITE 3 HARRISBURG, PA 17111-1461 `a 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 311 VALLEY STREET SUMMERDALE, PA 1702540000 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 AMBER FULKROAD 20 FIREHOUSE ROAD DUNCANNON, PA 17020 I verify that the statements made in this affidavit correct to the best of my personal knowledge or information and belief. I understand th a Zsestatemen erein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsn to au o 'ties. May 5, 2009 DATE DANIEL G. SCHNMM, ESQUIRE Attorney for Plaintiff ,? TI it ? COUNTRYWIDE HOME LOANS, INC. VS. SUSAN ZUERCHER : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5261-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE I, DANIEL G. SCMnEG, Esq. ' attorney for COUNTRYWIDE HOME LOANS, INC. hereby verify as follows: As required by Pa. R.C.P. 3129.1(a), Notice of Sale has been given to all known Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.1(c) on each of the persons or parties named, at that address set forth on the Affidavit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto as Exhibit "A". DATE: -?- Zo f 0 By: A v Lawrence T. Phel , d. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ,aniel 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 Attorneys for Plaintiff ,I PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Automated Attendant # 215-320-0007 ext 1365 Operated Assisted # 215-563-7000 ext 1365 Fax # 215-563-7009 Kevin.olinger@fedphe.com May 5, 2009 Office of the Prothonotary CUMBERLAND County Courthouse RE: COUNTRYWIDE HOME LOANS, INC. v. SUSAN ZUERCHER CUMBERLAND COUNTY, NO. 08-5261 -CIVIL TERM RE: AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 Dear Sir or Madam: Enclosed please find the following: XX Affidavit of service pursuant to rule 3129 with attachments. Thank you for your cooperation. Y PHELAN HALLINAN & SCHMIEG, LLP CC: Sheriffs Office of CUMBERLAND County •4 04 a vU? G Wa a a W o (? o? ?F 0 3 U I a >, o ?a w 0 ?o as ? zdo 4 a b a V C ,p O so ?s L MOOdlz woa-A 0911dw z 82A 6 oM?M zo s 9 co $ o48 ?. ?AANi? o .? a 4. ? a r g. ?tssa; 0 0 O ? M uQ. ? m H '? 6 a M `sue . C> O y N ~ U h a W a ? t+ z W ? A W N? W W W Q ? N? ? O A 's ° 84 or ?N (n C14 ? x 0? w w aVOQ O pd, a' w o,o 3 •n o ¢ a3 ?° ?Cp.,G z?I a? Z GW7V Z U ?? 3 a i t oo o oo m d W a v?rWi? a 4 w'??' 124 .a W ? ? . ° a? 3 ? ? + ? U Aa'? Z aa.? • A azz pq z z U AV UAa E-wenV? U?o ,. p, AA, UUN4, ?R?oW rl A v? Fa L L r=, V d tv5 ^° o z - LN M er h [? 00 O ° N a F Iri 44 i a ?i a C7 V G? a 'a W 0 °o U v `n o?E c?a UwA ? a ? o ^v O`Oa b w S.'•. ? Q £0 46 4 3UO0d1?Y02l3f1911bYV 60OZ SOAM k-j108LZOOOQ g o0Z' ?0 $ vu zo<, r I 53MO8 AMMd EL mwx ANON N W -"o S3 .. T 'raG Y ? i q q R g?8pH? p = } 3 CC?}??? ?j T O O g M ? o w ? iv O h W ? S d w ? a V ?_ W u r a W ? ? W W p4 d AC O v? Y W;a ¢ zsa o Z W M a E z cn ? a 00 o ?T z N cn v ?n 'o n 00 0, o C l v o THE n n ! t"! COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which BAC HOME LOANS SERVICING L P is the grantee the same having been sold to said grantee on the 1 OTH day of JUNE A.D., 2009, under and by virtue of a writ Execution issued on the 25TH day of FEB, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 5261, at the suit of COUNTRYWIDE HOME LOAN INC against ZUERCHER SUSAN is duly recorded as Instrument Number 200923823. IN TESTIMONY WHEREOF, I have h eunto set my hand ZZL- ancseal of said office this day of A.D. ecorder of Deeds u d CWnbar4M County, C&UW, PA 0*44 E*Ws to Fh* Mm* of Jen. 2010 4W "I In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-5261 Civil Countrywide Home Loans, Inc. VS Susan Zuercher R. Thomas Kline, Sheriff, who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant to wit: Susan Zuercher, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within, Real Estate Writ of Execution, Notice of Sheriff's Sale of Real Property and Legal Description, according to law. Perry County Return - And now March 26, 2009, served the within Real Estate Writ of Execution, Notice of Sheriff's Sale of Real Property and Legal Description, upon Susan Zuercher, the defendant, by making known unto, Amber Fulkroad, Power of Attorney for Susan Zuercher, at 20 Firehouse Road, Duncannon, Pennsylvania, its contents and at the same time handing to her a true and correct copy of the same. So Answers; Carl Nace, Sheriff, Perry County Pennsylvania. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 1101 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 Susan Zuercher, located at, 311 Valley Street, Sumerdale, Cumberland County Pennsylvania, according to law. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Susan Zuercher, by regular mail to her last known address of 311 Valley Street, Sumerdale PA 17025. This letter was mailed under the date of April 7, 2009 and never returned to the Sheriffs Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 10, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of BAC Home Loans Servicing, L.P. of 7105 Corporate Drive, Plano, TX being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 1,088.03 Sheriff's Costs: Docketing 30.00 Poundage 21.33 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Milage 27.00 Levy 15.00 Surcharge Deputize Perry County Out of County Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed So Answers, R. Thomas Kline, Sheriff By1..x ?Real Estate Coordinator 20.00 34.00 9.00 407.00 334.77 15.43 25.00 4950 1078.03 v n ? t.tJ i r ' C?_ '7° 4L-« -.,-.2 7 5 y5 r, COUNTRYWIDE, HOME LOANS, INC. Plaintiff, V. SUSAN ZUERCHER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5261-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 COUNTRYWIDE HOME LOANS, INC., 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 ,311 VALLEY STREET, SUMMERDALE, PA 17025-0000. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SUSAN ZUERCHER 311 VALLEY STREET SUMMERDALE, PA 17025-0000 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CAPITAL ONE BANK 2417 WELSH ROAD, STE 21 #520 C/O DAVID APOTHAKER PHILADELPHIA, PA 19114 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AMERICAN GENERAL FINANCIAL SERVICES, INC. 601 N. W. SECOND STREET EVANSVILLE, IN 47708 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 AMBER FULKROAD 311 VALLEY STREET SUMMERDALE, PA 17025-0000 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 20 FIREHOUSE ROAD DUNCANNON, PA 17020 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 . sification to authorities. February 23, 2009 DATE DAN G. SCH EG, ESQUIRE Attorney for Plaintiff ?` . COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. CUMBERLAND COUNTY No. 08-5261-CIVIL TERM SUSAN ZUERCHER Defendant(s). February 23, 2009 TO: SUSAN ZUERCHER 311 VALLEY STREET SUMMERDALE, PA 17025-0000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 311 VALLEY STREET, SUMMERDALE, PA 17025-0000, is scheduled to be sold at the Sheriff s Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $83,613.29 obtained by COUNTRYWIDE HOME LOANS INC. (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. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALt. L'FtAT CERTAIN lot or tract of 1 TownshiP. Cumberland County, Penn and situate in Rast pennvboro described as follows, aCCOnt1 n Oytoanaa,mgrs particBularly hOUndWad and i;rneat J. Walker, Profesaianal &tigineere?, dated 1111 bee 19, g196© to w it: BEGrNNING at a point at an iron pin Ott the southern line o.t Valley street at the dividing line between Lot Noo- 4 and 5 on the hereinafter mentioned Plan of Lots, and being a distance of 252.3 feet measured westwardly by the northern line of Valley Street from Third Streets thence along the dividing line between Lot Nos, 4 and 5 on said Plan, South 15 degrees East, 156.25 feet to a point at an irons in northern litre of a 26 foot wide alley (uss p an the the northern line of said alley, South 76 degrees p26 mi.nutee West7,1 SO feet to a point at an iron pin, baeinq* the dividing line between Lot Nos. 5 and 6 on said Plan; thence along the dividing line between Lot Nos. 5 and 6 on said Plant, North 25 degrees West, 155 feel to a point at an iron pin on the southern line southern line of valley Stree, North 7S degrets street; Ha tstYtenc0 along the point, the place of SUGINNING. , 50 f.ePt to a BEING Lot No. 5, Section E, Plan of Sunauerdale, as recorded iu the Cumberland County Recorder of Deeds Office in Plan ]Kook 1, k'age 44, (Revised Plan Book 2, Page 109) HAVING THE PON ERECTED a IN atory frame dwelling known and numbered as 311 Valley Street, Sunmerdo.le, Penrleylvania. UND9X A-14D SMJECT, NEVgRTHgLSSU, to restrictions, easements conditions -to contained in prior instrumenta of record and said promisee_ Pertaining to 1) Vested by Special Warranty Deed, dated 9/15/2003, given by Stephen Radczenko, Jr. and Jenean M. Radczenko, his wife to Susan Zuercher, single person and recorded 9/18/2003 in Book 259 Page 1893 PREMISES BEING: 311 VALLEY STREET, SUMMERDALE, PA 17025-0000 PARCEL NO. 09-12-2994-073 Real Estate Sale # 81 On February 27, 2009 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 311 Valley Street, Summerdale, More fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Late: February 27, 2009 e --The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE 111e Patr1*otwXews Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: Real Estate Sale No. 61 'Writ No. 2009-5261 Clvll Tenn Csountrywide Home Loans, Inc. Susan Zuercher Attorney Daniel Schmleg LEGAL DESCRIPTION 04/24/09 Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal SNwft L Kisrter, Notary PLtk City Of Herrislxgj Dauphin County My Comr *Wm 00res Nov. 26, 2011 140 , Pennsghranis Assodatlon of Notarfes 05/01/09 05/08/09 ALL THAT CERTAIN lot or tract of land situate in East Pnensboro Township„ Cumberland County, Pennsylvania, more particularly bounded and described as follows, according to a survey of. Ernest J. Walker, Professional Engineers, dated December 19,1968, to wit: BEORMO at a point at an iron pin on the southern line of Valley Street at the dividing line between Lot Nos. 4 and 5 on the bmioaiter mentioned Plan of Lots, and being a distance of 252.3 feet measured westwardly by the southern line of Valley Street from Third Street; thence along the dividing line between Lot Nos. 4 and 5 of said Plan, South 15 degrees East, 156.25 feet to a point at an iron pin on the northern line of a 16 foot wide alley (unopened); thence along the northern line of said alley, South 76 degrees 26 minutes West, 50 feet to a point at an iron pin, being the dividing line between Lot Nos. 5-end 6 on said Plan; thence along the dividing line between Lot Nos. 5 and 6 on said Plan, North 15 degrees hat, 155 feet fA a pcent ".iron iron pin f May, 2009 A.D. i on the aainhsan lies of Wity Strut; th? along tl t?lkna lice Of ' SIUOK lY & 75 1 30 BEGIIVN AK b a pojK the pkn of ?Ip; . BEN G La No. S, Section E. PLn of Summefdale, as fecorded in the Cumberland Coamty Ramw a eds in Pine Book 1, Pap 44. *vlaed Phm Back z,Pap 109): !? REON BRi3CIM a 1 112 atoty gasoa n8 kaowa aad numbered as 311 ? UNDO AND StalBCT, Sun? * Pemsylmtua. AV1'BSS, ea&emgvts was Ptw ,fllMa * to said meets of my pmnim. J W U" D,64 dated 9/1S/ by S b lt? y Itadcznko Jr. aM Ids + to Shan P"n and.reoofded X18/1003 m Book 259 Page 1893.„ li S inn F2,W PAROJ No. 09 9UMI PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 1, May 8, and May 15, 2009 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. REAL ESTATE SALE NO. 81 s arie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this 15 day of May. 2009 /4 . Iii Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Writ No. 2008-5261 Civil Countrywide Home Loans, Inc. VS. Susan Zuercher Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Town- ship, Cumberland County, Pennsyl- vania, more particularly bounded and described as follows, according to a survey of Ernest J. Walker, Pro- fessional Engineers, dated December 19, 1968, to wit: BEGINNING at a point at an iron pin on the southern line of Valley Street at the dividing line between Lot Nos. 4 and 5 on the hereinafter mentioned Plan of Lots, and being a distance of 252.3 feet measured west- wardly by the southern line of Valley Street from Third Street; thence along the dividing line between Lot Nos. 4 and 5 on said Plan, South 15 degrees East, 156.25 feet to a point at an iron pin on the northern line of a 16 foot wide alley (unopened); thence along the northern line of said alley, South 76 degrees 26 minutes West, 50 feet to a point at an iron pin, be- ing the dividing line between Lot Nos. 5 and 6 on said Plan; thence along the dividing line between Lot Nos. 5 and 6 on said Plan, North 15 degrees West, 155 feet to a point at an iron pin on the southern line of Valley Street; thence along the southern line of Valley Street, North 75 degrees East, 50 feet to a point, the place of BEGNNING. BEING Lot No. 5, Section E, Plan of Summerdale, as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 44, (Revised Plan Book 2, Page 109). HAVING THEREON ERECTED a 1 1/2 story frame dwelling known and numbered as 311 Valley Street, Summerdale, Pennsylvania. UNDER AND SUBJECT, NEVER- THELESS, to restrictions, easements and conditions as contained in prior instruments of record pertaining to said premises. 1) Vested by Special Warranty Deed, dated 9/15/2003, given by Stephen Radczenko, Jr. and Jenean M. Radczenko, his wife to Susan Zuercher, single person and recorded 9/18/2003 in Book 259 Page 1893. PREMISES BEING: 311 VAL- LEY STREET, SUMMERDALE, PA 17025-0000. PARCEL NO. 09-12-2994-073.