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HomeMy WebLinkAbout08-6163vy Defendant NO. ej- v/03 Ay/ / Z?'rm CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 4RANCIS 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 188889 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION IRVING, TX 75063 V. Plaintiff TERM ADAM J. KELL' 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011 File #: 188889 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 #: 188889 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 #: 188889 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 #: 188889 Plaintiff is METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: ADAM J. KELL 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/10/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200741745. 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 06/01/2008 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 #: 188889 6 The following amounts are due on the mortgage: Principal Balance $192,667.13 Interest $6,831.97 05/01/2008 through 10/14/2008 (Per Diem $40.91) Attorney's Fees $1,250.00 Cumulative Late Charges $336.55 10/10/2007 to 10/14/2008 Mortgage Insurance Premium / $60.00 Private Mortgage Insurance Cost of Suit and Title Search 550.00 Subtotal $201,695.65 Escrow Credit $0.00 Deficit $855.56 Subtotal 855.56 TOTAL $202,551.21 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a.discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 188889 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $202,551.21, together with interest from 10/14/2008 at the rate of $40.91 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. By: PHELAN HALLINAN & SCHMIEG, LLP ?L(AWRENCE T. PHELAN, ESQUIRE ,-t'RANCIS 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 #: 188889 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northerly right-of-way of Countryside Lane, a 50.00 foot right-of- way, which point is located at the intersection of the northerly right-of-way line of Countryside Lane and at the dividing line between Lots No. 109 and 110, on the Plan of Lots known as 'Countryside, Section (B)', thence from said pont of beginning along the dividing line between lots Nos. 109 and 110, North 8 degrees 44 minutes 00 seconds West, a distance of 108.00 feet to a point on the dividing line between lots 110 and 111, on the aforesaid Plan of Lots, thence from said point along the dividing line between Lots Nos. 110 and 111, North 81 degrees 16 minutes 00 seconds East a distance of 122.65 feet to a point on the westerly right-of-way line of Countryside Lane, thence from said point along the westerly right-of-way line of Countryside Lane, along a curve to the right having a radius of 125.00 feet, an arc distance of 169.10 feet to a pont on the northerly right-of-way line of Countryside Lane, thence from said point along the northerly right-of-way line of Countryside Lane South 76 degrees 42 minutes 00 seconds West, a distance of 8.83 feet to a point, the point and place of BEGINNING. BEING Lot No. 110 on the plan of Lots known as 'Countryside, Section (B)', prepared by Charles W. Junkins, Registered Surveyor, dated December 4, 1973, and recorded in the Office of the Recorder of Deeds of Cumberland County on April 11, 1974, in Plan Book 25, page 7. File M 188889 SUBJECT TO COVENANTS dated March 26, 1975, and recorded on April 1, 1974, in the Office of the Recorder of Deeds of Cumberland County in Misc. Book 214, Page 110, and to all other covenants and restrictions of record. Under and subject nevertheless to an easement or right-of-way to Pennsylvania Power and Light Company for the construction or erection of electrical utilities on the aforesaid property, either under or above ground. Parcel #10-19-1596-103 PROPERTY BEING: 3517 COUNTRYSIDE LANE File #: 188889 VERIFICATION I hereby state that I am the attorney for the 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. 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. -1 / -?- DATE: /V 1 r Attorney for Plaintiff File #: 188889 c Cz c? co Tl ice '' T,7 F77 -71 ?c^ SHERIFF'S RETURN - REGULAR CASE NO: 2008-06163 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND METLIFE HOME LOANS VS KELL ADAM J RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KELL ADAM J the DEFENDANT , at 2008:00 HOURS, on the 20th day of October , 2008 at 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011 by handing to ADAM J KELL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 15.00 4. Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 43.00 10/21/2008 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215 320-0007 METLIFE HOME LOANS A OF METLIFE BANK NA Attorney for Plaintiff N : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. ADAM J. KELL 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 PRAECIPE FOR TO THE PROTHONOTARY: : CIVIL DIVISION : NO. 08-6163-CIVIL TERM REM JUDGMENT FOR FAILURE TO Kindly enter judgment in favo of the Plaintiff and against ADAM J. KELL, Defendant(s) for failure to file an Answer to Plainti s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged remises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest -10/15/2008 TO 1 TOTAL I hereby certify that (1) the aA notice has been given in accordance $202,551.21 2$ ,004.59 $204,555.80 ses of the Defendant(s) are as shown above, and (2) that Rule 237.1, copy attached. Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY DATE: -1 /A.2 fftf% PHS# 188889 AS INDICATED. PRO PROTHY 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 PHILADELPHIA, PA 19103 (215) 563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V ADAM J. KELL Defendant(s) TO: ADAM J. KELL 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 DATE OF NOTICE: November 13, 2008 THIS FIRM IS A DEBT COLLE IS SENT TO YOU IN AN An HEREIN, AND ANY INFOFJvlb PURPOSE.IF YOU HAVE PRI THIS CORRESPONDENCE IS ATTEMPT TO COLLECT A E PROPERTY. You are in default because you and file in writing with the court your 6 act within ten (10) days from the date hearing and you may lose your property once. If you do not have a lawyer or c, where you can get legal help: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-6163-CIVIL TERM CUMBERLAND COUNTY ? :TOR ATTEMPTING TO CT A DEBT. THIS NOTICE 'sMPT TO COLLECT THE REDNESS REFERRED TO TION OBTAINED FROM YO L BE USED FOR THAT VIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, NOT AND SHOULD NOT BE CONSTRUED TO BE AN EBT. BUT ONLY AS ENFORCEMENT OF LIEN AGAINST ve failed to enter a written appearance personally or by attorney uses or objections to the claims set forth against you. Unless you this notice, a Judgment may be entered against you without a other important rights. You should take this notice to a lawyer at of afford one, go to or telephone the following office to find out 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 LAUREN MATTER Legal Assistant PHS # 188889 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 METLIFE HOME LOANS A DI SION OF METLIFE BANK NA VS. ADAM J. KELL Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-6163-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(') is/are not in the Military or Naval Service of the United States or its Allies, or otherwise wit ' the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ADAM J. KELK is over 18 years of age and resides at 3517 COUNTRYSIDE LANE, CAMP HILL, PA 17011-1521. This statement is made!, subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Daniel G. Schmieg, Esquire Attorney for Plaintiff i' V? (Rule of Civil Procedure No. 236) - Revised METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA VS. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION ADAM J. KEL L 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 : NO. 08-6163-CIVIL TERM Notice is given that a udgment in the above captioned matter has been entered against you on 3 r'd , 2( 08. By: If you have any questi ?ns concerning this matter please contact: Daniel G. Schmieg, Esquire Attorney or Party Filing 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 563-7000 "THIS FIRM IS A DEBT COLLE TOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED DISCHARGE INBANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED O BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LI AGAINSTPROPERTY." 4 PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff VS. ADAM J. KELL Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6163-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: 12/29/08 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By. Franci S. 4Halin, Esquire PHS #: 188889 VERIFICATION Michael Fisher Vice President hereby states that he/she is of METLIFE HOME LOANS, servicing agent for Plaintiff, METLIFE HOME LOANS A DIVISION OF METLIFE BANK, NA, m 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 convect to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsifcation to authorities. DATE: Loan: 0062010384 1Vame. Michael Fisher Title: Vice President Company: METLIFE HOME LOANS File #: 188889 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 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff VS. ADAM J. KELL Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6163-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: ADAM J. KELL 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 Date: 12/29/08 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By. Franc' S. Ha nan, Esquire ? ,, ?w_ P r t',;? ?_ `' : . 4?r.. (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Ps.R.C.P. 3180-3183 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff, V. ADAM J. KELL Defendant(s). TO THE PROTHONOTARY: No. 08-6163-CIVIL TERM Issue writ of execution in the above matter: Amount Due Interest from 12/03/2008 - 06/10/2009 (per diem -$33.63 ) TOTAL Note: Please attach description of property. $204,555.80 $6,389.70 and Costs $210,945.50 DAINIE . SCHMIEG, ESQUIRE One Penn 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 representasive of the plaintiff is not present at the sale. 188889 Q? O w? z? Az owe ? O GW w? aw p0 HV ?H Oa w Va ? H ?U ro -? o g a ? a O F v_ w? o H o a? U a N 0 a a d V W d W A s zn W OU o r' rIn N r .? -- v Sb r 74 00 00 04 6 m, ors ?i ? ? ? `' c.o WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-6163 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METLIFE HOME LOANS A DIVISION OF METLIFE BANK N A Plaintiff (s) From ADAM J KELL (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 $204,555.80 L.L.$0.50 Interest FROM 12/03/2008 - 06/10/2009 (PER DIEM - $33.63) $6,389.70 Atty's Comm % Atty Paid $162.00 Plaintiff Paid Date: FEBRUARY 25, 2009 (Seal) Due Prothy $2.00 Other Costs C s R. Long otary By: REQUESTING PARTY: Name DANIEL G SCHMIEG ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Deputy 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 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff, V. . ADAM J. KELL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6163-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. f ,G. SCNMIEG, ESQUIRE for Plaintiff _') m t? c? - +rr ra METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA CUMBERLAND COUNTY t • Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION ADAM J. KELL . NO. 08-6163-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA, 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 3517 COUNTRYSIDE LANE, CAMP HILL. PA 17011-1521. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ADAM J. KELL 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswo falsi cation to authorities. February 23, 2009 DATE D , ESQUIRE for :n METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff, v. ADAM J. KELL Defendant(s). CUMBERLAND COUNTY No. 08-6163-CIVIL TERM February 23, 2009 TO: ADAM J. KELL 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 3517 COUNTRYSIDE LANE, CAMP HILL, PA 17011-1521, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $204,555.80 obtained by METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be 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) 3-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION i ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northerly right-of-way of Countryside Lane, a 50.00 foot right-of-way, which point is located at the intersection of the northerly right-of-way line of Countryside Lane and at the dividing line between Lots No. 109 and 110, on the Plan of Lots known as 'Countryside, Section (B) ', thence from said pout of beginning along the dividing line between lots Nos. 109 and 110, North 8 degrees 44 minutes 00 seconds West, a distance of 108.00 feet to a point on the dividing line between lots 110 and 111, on the aforesaid Plan of Lots, thence from said point along the dividing line between Lots Nos. 110 and 111, North 81 degrees 16 minutes 00 seconds East a distance of 122.65 feet to a point on the westerly right-of-way line of Countryside Lane, thence from said point along the westerly right- of-way line of Countryside Lane, along a curve to the right having a radius of 125.00 feet, an arc distance of 169.10 feet to a pont on the northerly right-of-way line of Countryside Lane, thence from said point along the northerly right-of-way line of Countryside Lane South 76 degrees 42 minutes 00 seconds West, a distance of 8.83 feet to a point, the point and place of BEGINNING. BEING Lot No. 110 on the Plan of Lots known as'Countryside, Section (B)', prepared by Charles W. Junkins, Registered Surveyor, dated December 4,1973, and recorded in the Office of the Recorder of Deeds of Cumberland County on April 11, 1974, in Plan Book 25, page 7. HAVING THEREON ERECTED a dwelling house known and numbered as 3517 Countryside Lane, Camp Hill, Pennsylvania. SUBJECT TO COVENANTS dated March 26,1975, and recorded on April 1, 1974, in the Office of the Recorder of Deeds of Cumberland County in Misc. Book 214, Page 110, and to all other covenants and restrictions of record. Under and subject nevertheless to an easement or right-of-way to Pennsylvania Power and Light Company for the construction or erection of electrical utilities on the aforesaid property, either under or above ground. TITLE TO SAID PREMISES IS VESTED IN Adam J. Kell, single man, by Deed from David W. Gerhart, Jr and Jennifer J. Gerhart, h/w, dated 06/29/2004, recorded 07/07/2004 in Book 264, Page 133. SUBJECT TO COVENANTS dated March 26, 1975, and recorded on April 1, 1974, in the Office of the Recorder of Deeds of Cumberland County in Misc. Book 214, Page 110, and to all other covenants and restrictions of record. Under and subject nevertheless to an easement or right-of-way to Pennsylvania Power and Light Company for the construction or erection of electrical utilities on the aforesaid property, either under or above ground. Jennifer J. Gerhart joins in this deed to convey any interest she may have in the within described property as the wife of David W. Gerhart, Jr. PREMISES BEING: 3517 COUNTRYSIDE LANE, CAMP HILL, PA 17011-1521 PARCEL NO. 10-19-1596-103 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 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County ADAM J. KELL Defendant No. 08-6163-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 October 15, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on December 3, 2008 in the amount of $204,555.80. 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 $192,667.13 Interest Through June 10, 2009 $16,551.10 Per Diem $40.91 Late Charges $336.55 Legal fees $1,300.00 Cost of Suit and Title $756.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $45.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $267.68 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,524.76 TOTAL $213,448.72 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs 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 3, 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: X 7 BY: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. ADAM J. KELL Court of Common Pleas Civil Division CUMBERLAND County No. 08-6163-CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE ADAM J. KELL 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 3517 COUNTRYSIDE LANE, CAMP HILL, PA 17011-1521. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Comoration 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 CoKp. 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 Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs 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 an d Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: I-or Phelan Hallinan & Schmieg, LLP / By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 188889 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVING, TX 75063 V. Plaintiff C e.o e e? C7 -?? ? i ? ..-? g fTt z4 m z'C.' -2<. cn rJ h :Z c > rn CF -c ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. bf - ('10S e(VI I 'TJrM CUMBERLAND COUNTY ADAM J. KELL' 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011 We hereby certify the within to be a true and - ATTORNEY FILE C1I101rdant correct copy of the PLEASE RETURN CIVIL ACTION - LAW original filed of record COMPLAINT IN MORTGAGE FORECLOSURE File #: 188889 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 #: 188889 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 #: 188889 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 #. 188889 1. Plaintiff is METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: ADAM J. KELL 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/10/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS .A NOMINEE FOR FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200741745. 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 06/01/2008 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 #: 188889 6. The following amounts are due on the mortgage: Principal Balance $192,667.13 Interest $6,831.97 05/01/2008 through 10/14/2008 (Per Diem $40.91) Attorney's Fees $1,250.00 Cumulative Late Charges $336.55 10/10/2007 to 10/14/2008 Mortgage Insurance Premium i $60.00 Private Mortgage Insurance Cost of Suit and Title Search 550.00 Subtotal $201,695.65 Escrow Credit $0.00 Deficit $855.56 Subtotal 855.56 TOTAL $202,551.21 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in verso nam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a.discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 188889 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $202,551.21, together with interest from 10/14/2008 at the rate of $40.91 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQUIRE -'I{R.ANCIS 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 #: 188889 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northerly right-of-way of Countryside Lane, a 50.00 foot right-of- way, which point is located at the intersection of the northerly right-of-way line of Countryside Lane and at the dividing line between Lots No. 109 and 110, on the Plan of Lots known as 'Countryside, Section (B)', thence from said pont of beginning along the dividing line between lots Nos. 109 and 110, North 8 degrees 44 minutes 00 seconds West, a distance of 108.00 feet to a point on the dividing line between lots 110 and 111, on the aforesaid Plan of Lots, thence from said point along the dividing line between Lots Nos. 110 and 111, North 81 degrees 16 minutes 00 seconds East a distance of 122.65 feet to a point on the westerly right-of-way line of Countryside Lane, thence from said point along the westerly right-of-way line of Countryside Lane, along a curve to the right having a radius of 125.00 feet, an arc distance of 169.10 feet to a pont on the northerly right-of-way line of Countryside Lane, thence from said point along the northerly right-of-way line of Countryside Lane South 76 degrees 42 minutes 00 seconds West, a distance of 8.83 feet to a point, the point and place of BEGINNING. BEING Lot No. 110 on the plan of Lots known as'Countryside, Section (B)', prepared by Charles W. Junkins, Registered Surveyor, dated December 4, 1973, and recorded in the Office of the Recorder of Deeds of Cumberland County on April 11, 1974, in Plan Book 25, page 7. File M 188889 SUBJECT TO COVENANTS dated March 26, 1975, and recorded on April 1, 1974, in the Office of the Recorder of Deeds of Cumberland County in Misc. Book 214, Page 110, and to all other covenants and restrictions of record. Under and subject nevertheless to an easement or right-of-way to Pennsylvania Power and Light Company for the construction or erection of electrical utilities on the aforesaid property, either under or above ground. Parcel #10-19-1596-103 PROPERTY BEING: 3517 COUNTRYSIDE LANE File #: 188889 VERIFICATION I hereby state that I am the attorney for the 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. 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. -1 / kuv-v--- Attorney for Plaintiff DATE: ?® 1 File #: 188889 Exhibit "B" Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA VS. ADAM J. KELK 3517 COUNTRYSIDE LANE CAMP HILL PA 17011 1521 Attorney for Plaintiff : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION ?A _ IViI'"TERM H . E R -? 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 ADAM J. KELK :•.? Defen Cam) `,j ceit(s) z for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest -10/15/2008 TO 12/02/2008 TOTAL $202,551.21 $2,004.59 $204,555.80 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. 6fi- V I Daniel G. Scluiiieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _ //^*Z'8 PHS# 188889 PRO PR THY Exhibit "C" ?L a ro -1 ?o am ? o -n a n. G c b M ° o b? a 0 ao ??a = a N3°o0 o _ w ? 5 C? ry w ?c .b o _ 09 ? Q ? w ,n O Q ? d K. 8 n. o< .0 C j C?C G ? O N ° X fG % A ti g y a w ? a ? N N N o a on N m y 0. ? X SN.? y? a. 5 0 R ° w. T Z7. I i: I wl NI =I of `°I -I -I ?I -I ?I WI NI- S?Psrs N MTNEY? S 02 ,M $ 01 , 0004218010 .100 *I APR AILED FROM Z O) 2009 IP CODE 191 03 a? CD fD A H a "0 ?c LL x Nr A_ 00 ? CS' CD a?x a ? ? cbo r" Y C Ul ram„ °6'z A 00 Q Ro z v, ?s r Ow r cb a ?* z n n a b a x ? r ro a 0 N b 0 y A m J? 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 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County ADAM J. KELL No. 08-6163-CIVIL TERM Defendant 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. ADAM J. KELL 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 DATE: /0 T Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff 2009, APR 13 A S. 4 3 TY AFFIDAVIT OF SERVICE PLAINTIFF METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA DEFENDANT(S) ADAM J. DELL SERVE ADAM J. KELL AT: 1115 SANDPIPER COURT MECHANISBURG, PA 17056 CUMBERLAND COUNTY No. 08-6163-CML TERM ACCT, #188889 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 10, 2009 A r}SERVED 1J - ICEL L , Defendant, on the ?y S' day of G 2009, Served and made known to / F, ft 'l at 10: o'clock jk.m., at Commonwealth of Pennsylvania, in the manner described blow: Defendant personally served. Adult family member with whom defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s esidence who refused to give name or relationship. Manager/Clerk of place of lodgin in which Defendant(s) reside(s). Agent or person in charge of Defe dant(s)'s office or usual place of business. an o er of said Defendant(s)'s company. -Other b - T Description: Age ?.QS Height -Weight ? Race VJ Sex F_ Other I, 1?,Q*A- 4> a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Shtriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this mss} day 0 "001 By: ,7No TTEMPT E 4 A LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Notary Public State of New Jersey NOT SERVED PATRICIA E. HARRIS CO&RtWe ion Expires dWP,,16, 2013 UUnn 200at o'clock _.m., Defendant NOT FOUND because: Moved Unknown I No Answer 1St Attempt: 3rd Attempt: Sworn to and subscribed before me this day of , 200_. Notary: By: Vacant 2nd Attempt: / / Time: Attorney for Plain Off DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 1\ 35(? RLED-OfHGE OF THE PK HOW)TAP.Y 2009 APR 114 AM 10: 30 LL 7 T1 CUNIw -,; L e` APR 14 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA METLIFE HOME LOANS A DIVISION OF Court of Common Pleas METLIFE BANK NA Plaintiff Civil Division V. CUMBERLAND County ADAM J. KELL No. 08-6163-CIVIL TERM Defendant RULE AND NOW, this ( 7 fL day of Aotj 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. +I I1 ( `ft T(''T1II fI w•I?JI'? ZO G2`f S ?zie- diJ t?J?1 ?JCJ Rule Returnable t 2009, at ;u the Main C , BY THE COURT ti J. ?•O O`'1 ? tom- {CL a ° ? 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 ADAM J. KELL 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 188889 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 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. ADAM J. KELL Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 08-6163-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 17, 2009 Rule was sent to the following individual on the date indicated below. ADAM J. KELL 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 DATE: P el Hallinan & Schmieg, LLP By: M he e M. radford, Esquire Attorney for Plaintiff OF j,"I r- Y 2009 APR 30 U : 50 f"dt A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. ADAM J. KELL Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF BLAIR CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6163-CIVIL TERM SS: AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Esq. attorney for METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA herby 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. 3129.2(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 herejD4s- x t ' "A". AN & SCHMIEG, LLP Date: 5 N 0) By: Lawrence T. Phel"I s+ o. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ,-Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Attorneys for Plaintiff 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. 188889 or 0 0 ? ~ O a z ? _ _ C z Cn ? w N '-.. C ? oo J O? vi A w N ,._, CD CD Q o d y Q 0 00 00 Z x c r ? "9 1 ? o EE?. w 3 o0 0 ? ? Ctl Oo 00 00 ?o o o ` ?T ??s=a w 3 Cy q y w ?a. o- ?. N C C O U N ?. ?, g Oro ? > m o y ? c?o may a in RaL A ?. K A a aa?? 3 L.d w n=tea S o ? O ? R cy.g en o `$b R$ w n Z on ' o n?? ?C7 0C?wnd d ?c0 o v CD FTJ ?] Z b p a z Q 0 ?' N ?t C) W O D p Qz QC BCD r ?< yIchNZ r c 5' 00 ?° < ? th x n cv CnD aID I (3. tj -J 0 CD o n N? ? ...ttrf.,y ? Qp w??O a wow C D'?? cn J, N c NJ 00 < < are ° ?F ?CD a`0 CD E. j N P? !C a P G% A " O tTj CD o 'C) CL r y y CD x < CD s rA oC CC ., <. O D ,b 0. Cam" > y v y w v H O ? N x LA A '17 00 ..., 0 p .C CD O C/n Q W X (5 C) <. Cl r ? C a CD f ?+ . r i C., 4 ® PITNEY BMWs • 02 IM 04218010 $ 02.200 00042 26 2003 MAILED FROM FEB ZIPCODE 19103 '' ? v 0 ?° oaz n ? r z In A W N -. O %0 00 J O? t!i A W N .-. p U1 Q. CD A f'D ry a c°c CL H A'+ C a a a m 4 rv o ? mu C7w z G.Or+z•• p yy O O° C ?; (17 o 07d ??CA CA 0 A ob ;S n it n ?rntrf?Opp a c, ; a r o a 0xa?d ?Z O v? o- y ? ro?y? C7 a C/2 o G A fD N O ~ C d A a o ?V N d1 w ? - m ^, o _x m O ? O O ? A O ? y o'er n c? `I .o o?'?R? y O W a b ? ^m? ?n as a t 02 1M $ 02.200 0004218010 MAR 26 2009 c s ! MAILED FROM ZIP CODE 19103 ?«vc ? ? ? ? efDo FILED- OF THE 2009 MAY 12 Pi"! t"21: 3 9 PHELAN LLINAN & 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 i1 i 4z'% c4Z_7n METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA : Plaintiff V. ADAM J. KEILL Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-6163-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE Michele M. in the above I. 2. 3. Defendant t4 and correct i z FE HOME LOANS A DIVISION OF METLIFE BANK NA, by and through its attorney, adford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute tptioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. A Motion to Reassess Damages was filed with the Court on April 13, 2009. A Rule was entered by the Court on or about April 17, 2009 directing the > show cause why the Motion to Reassess Damages should not be granted. A true 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 April 29, 2009, in accordance w?ith the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is 5. May 7, 2009. hereto, made part hereof, and marked Exhibit "B". Defendant failed to respond or otherwise plead by the Rule Returnable date of Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan Schmieg, LLP DATE: By: Mich a M. Bradford, sq Attorney for Plaintiff PHELAN LLINAN & SCHIVIIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No 69849 One Penn Center, Suite 1400 1617 John F. ennedy Boulevard Philadelphia, A 19103-1814 (11 Sl 5F'1-7(1 ATTORNEY FOR PLAINTIFF METLIFE HDME LOANS A DIVISION OF Court of Common Pleas METLIFE BANK NA Plaintiff Civil Division V. CUMBERLAND County ADAM J. LL No. 08-6163-CIVIL TERM Defendant BRIEF N SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 13, 2009. A Rule was entered byte Court on or about April 17, 2009 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all part es on April 29, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 7, 2009. WHEIIZEFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolu?e and grant Plaintiffs Motion to Reassess Damages. Phelan Halli an & chm'eg, LLP DATE: BY: Mic le M. Bradford, E uire Attorney for Plaintiff Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA V. ADAM J. HOME LOANS A DIVISION OF BANK NA Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 08-6163-CIVIL TERM Defendant to show RULE this Wn .. day of 2009, a Rule is entered upon the Defendant why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. n^ rAzle. of 4nvs o rdep , W ??ML1 tf1 ?C?.J ?? Q T Rule Re ble efi th-e 14 3x89; at -i% ` i ? Y THE CO 9; J. Exhibit "B" PHELAN LLINAN & SCHMIEG, LLP by: Miche a M. Bradford, Esquire Atty. I.D. o. 69849 One Penn enter, Suite 1400 1617 John . Kennedy Boulevard Philadeln 'a, PA 19103-1814 ATTORNEY FOR PLAINTIFF METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. ADAM J. 1 Defendant I to the ADAM J. 3517 COI CAMP Hl DATE: Court of Common Pleas Civil Division CUMBERLAND County No. 08-6163-CIVIL TERM CERTIFICATION OF SERVICE ;by certify that a true and correct copy of the Court's April 17, 2009 Rule was sent ing individual on the date indicated below. [,YSIDE LANE PA 17011-1521 P el Pfallinan & Schmieg, LLP By: /-\ M the Ye M. radford, Esquire Attorney for Plaintiff 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 Motion 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 swornnalties of 18 Pa.C.S. 4904 relating to the unsworn falsification of authorities. Plickin Hallinan Schmieg, LLP N 9A DATE: By: qL91--, 'IN Michele P. Bradford, s uire Attorney for Plaintiff PHELAN LINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. ennedy Boulevard, Suite 1400 Philadelphia, A 19103-1814 ATTORNEY FOR PLAINTIFF METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. ADAM J. Defendant I and Brief in below. ADAM J. 3517 COI CAMP H] Court of Common Pleas Civil Division CUMBERLAND County No. 08-6163-CIVIL TERM CERTIFICATION OF SERVICE certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute port thereof were served upon the following individuals on the date indicated RYSIDE LANE PA 17011-1521 Phelan Hallinan Schmieg, LLP [A (WA J A DATE: By: ich . Bradford, E uire Attorney for Plaintiff 2H9 h.,i Y. 22 t. , i' : - : ; MAY 2 6 20094 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. METLIFE HOME LOANS A DIVISION OF Court of Common Pleas METLIFE BANK NA Plaintiff Civil Division V. ADAM J. KELL Defendant CUMBERLAND County No. 08-6163-CIVIL TERM }?, ORDER AND NOW, this V 'day of Ai z , 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 $192,667.13 Interest Through June 10, 2009 $16,551.10 Per Diem $40.91 Late Charges $336.55 Legal fees $1,300.00 Cost of Suit and Title $756.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $45.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $267.68 Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $1,524.76 $213,448.72 Plus interest from June 10, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 188889 CM :1I 1V L Z H HOZ 4d Vi 'o FIE I)TARY In the Court of Common Pleas of Cumberland County, Pennsylvania 29091 G C T i 2 A?` 2 Writ No. 2008-6163 Civil Term iY Metlife Home Loans, A Division of Metlife Bank, NA Vs Adam J. Kell 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:, Adam J. Kell, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Adam J. Kell. Property address is vacant, and the forwarding order at the post office is expired. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 1203 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 Adam J. Kell, located at, 3517 Countryside Lane, Camp Hill, Cumberland County Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states Sheriff's Costs: Docketing 30.00 Poundage 25.45 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Milage 27.00 Levy 15.00 Surcharge 20.00 Law Journal 623.00 Patriot News 469.77 Share of Bills 15.43 Post Pone Sale 40.00 1,298.15 So Answers, ?Thomas Kline, Shenff By _a? Real state Coordinator ;231-7 10 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA ' Plaintiff, V. ADAM J. KELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6163-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA, 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 ,3517 COUNTRYSIDE LANE. CAMP HILL. PA 17011-1521. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ADAM J. KELL 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswo falsi cation to authorities. February 23. 2009 DATE D IE MIEG, ESQUIRE Attorney for P tiff METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff, V. ADAM J. KELL Defendant(s). TO: ADAM J. KELL 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 CUMBERLAND COUNTY No. 08-6163-CIVIL TERM February 23, 2009 **THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMF.NT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 3517 COUNTRYSIDE LANE, CAMP HILL, PA 17011-1521, is scheduled to be sold at the Sheriffs Sale on.JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse,, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $204,555.80 obtained by METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA (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 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northerly right-of-way of Countryside Lane, a 50.00 foot right-of-way, which point is located at the intersection of the northerly right-of-way line of Countryside Lane and at the di 'ding line between Lots No. 109 and 110, on the Plan of Lots known as 'Countryside, Section (B)', thence from said pont of beginning along the dividing line between lots Nos. 109 and 110, North 8 degrees 44 minutes 00 seconds West, a distance of 108.00 feet to a point on the dividing line between lots 11 and 111, on the aforesaid Plan of Lots, thence from said point along the dividing line between Lots Nos. 110 and 111, North 81 degrees 16 minutes 00 seconds East a distance of 122.65 feet to a point on the westerly right-of-way line of Countryside Lane, thence from said point along the westerly right- of-way line of Countryside Lane, along a curve to the right having a radius of 125.00 feet, an arc distan a of 169.10 feet to a pont on the northerly right-of-way line of Countryside Lane, thence from said point along the northerly right-of-way line of Countryside Lane South 76 degrees 42 minutes 00 seconds West, a distance of 8.83 feet to a point, the point and place of BEGINNING. BEING Lot No. 110 on the Plan of Lots known as 'Countryside, Section (B)', prepared by Charles W. Junki s, Registered Surveyor, dated December 4,1973, and recorded in the Office of the Recorder of Deeds of Cumberland County on April 11, 1974, in Plan Book 25, page 7. HA G THEREON ERECTED a dwelling house known and numbered as 3517 Countryside Lane, Camp Hill, Pennsylvania. S CT TO COVENANTS dated March 26,1975, and recorded on April 1, 1974, in the Office of the Recor er of Deeds of Cumberland County in Misc. Book 214, Page 110, and to all other covenants and restric 'ons of record. Under and subject nevertheless to an easement or right-of-way to Pennsylvania Pow&and Light Company for the construction or erection of electrical utilities on the aforesaid property, either under or above ground. TITLETO SAID PREMISES IS VESTED IN Adam J. Kell, single man, by Deed from David W. Gerhart, Jr and Jennifer J. Gerhart, h/w, dated 06/29/2004, recorded 07/07/2004 in Book 264, Page 133. SUBJECT TO COVENANTS dated March 26, 1975, and recorded on April 1, 1974, in the Office of the Recorder of Deeds of Cumberland County in Misc. Book 214, Page 110, and to all other covenants and restrictions of record. Under and subject nevertheless to an easement or right-of-way to Pennsylvania Power and Light Company for the construction or erection of electrical utilities on the aforesaid property, either under or above ground. Jennif?r J. Gerhart joins in this deed to convey any interest she may have in the within described property as the wife of David W. Gerhart, Jr. PREMISES BEING: 3517 COUNTRYSIDE LANE, CAMP HILL, PA 17011-1521 PARCIEL NO. 10-19-1596-103 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-6163 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METLIFE HOME LOANS A DIVISION OF METLIFE BANK N A Plaintiff (s) From ADAM J KELL (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 $204,555.80 L.L.$0.50 Interest FROM 12/03/2008 - 06/10/2009 (PER DIEM - $33.63) $6,389.70 Atty's Comm % Atty Paid $162.00 Plaintiff Paid Date: FEBRUARY 25, 2009 (Seal) Due Prothy $2.00 Other Costs C s R. Lon onota By: Deputy REQUESTING PARTY: Name DANIEL G SCHMIEG ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 72 On February 27, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 3517Countryside Lane, Camp Hill, More fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 27, 2009 By: ti !'V 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. sa Marie Coyne, E or SWO TO AND SUBSCRIBED before me this 5 day of May, 2009 .11 Y J W. d 6 ?Z? Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE BALE NO. 72 Writ No. 2008-6163 Civil Metlife Home Loans, A Division of Metlife Bank, NA VS. Adam J. Kell Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumber- land and Commonwealth of Pennsyl- vania, more particularly described as follows: BEGINNING at a point on the northerly right-of-way of Country- side Lane, a 50.00 foot right-of-way, which point is located at the inter- section of the northerly right-of-way line of Countryside Lane and at the dividing line between Lots No. 109 and 110, on the Plan of Lots known as 'Countryside, Section (B), thence from said pont of beginning along the dividing line between lots Nos. 109 and 110, North 8 degrees 44 min- utes 00 seconds West, a distance of 108.00 feet to a point on the dividing line between lots 110 and 111, on the aforesaid Plan of Lots, thence from said point along the dividing Im be- tween Late loos. 110 and 1 1, 81 degrees 16 minutes 00 aecos da East a distance of 122.65 faint to a paint on the westerly rW_a X19 line of Countryside Lane, thence from said point along the westerly right-of- way line of Countryside Lane, along a curve to the right having a radius of 125.00 feet, an arc distance of 169.10 feet to a pont on the north- erly right-of-way line of Countryside Lane, thence from said point along the northerly right-of-way line of Countryside Lane South 76 degrees 42 minutes 00 seconds West, a dis- tance of 8.83 feet to a point, the point ,-- f'sEGINNING. BEING Lot 14o. 11U on the Plan of Lots known as `Countryside, Section (B)', prepared by Charles W. Junkins, Registered Surveyor, dated December 4, 1973, and recorded in the Office of the Recorder of Deeds of Cumberland County on April 11, 1974, in Plan Book 25, page 7. HAVING THEREON ERECTED a dwelling house known and numbered as 3517 Countryside Lane, Camp Hill, Pennsylvania. SUBJECT TO COVENANTS dated March 26, 1975, and recorded on April 1, 1974, in the Office of the Recorder of Deeds of Cumberland County in Misc. Book 214, Page 110, and to all other covenants and restrictions of record. Under and sub- ject nevertheless to an easement or right-of-way to Pennsylvania Power and Light Company for the construc- tion or erection of electrical utilities on the aforesaid property, either under or above ground. TITLE TO SAID PREMISES IS VESTED IN Adam J. Kell, single man, by Deed from David W. Gerhart, Jr and Jennifer J. Gerhart, h/w, dated 06/29/2004, recorded 07/07/2004 in Book 264, Page 133. SUBJECT TO COVENANTS dated March 26, 1975, and recorded on April 1, 1974, in the Office of the Recorder of Deeds of Cumberland County in Misc. Book 214, Page 110, and to all other covenants and restrictions of record. Under and sub- ject nevertheless to an easement or right-of-way to Pennsylvania Power and Light Company for the construc- tion or erection of electrical utilities on the aforesaid property, either under or above ground. Jennifer J. Gerhart joins in this deed to convey any interest she may have in the within described property as the wife of David W. Gerhart, Jr. PREMISES BEING: 3517 COUN- TRYSIDE LANE, CAMP HILL, PA 17011-1521. PARCEL NO. 10-19-1596-103. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717'-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the ?latriot-Nevus Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 05/01/09 ............ f? Sworn an subscribed before me this 12 day:of May, 2009 A.D. Notary Public COMMONWEALTH OIL PENNSYLVANIA Notarial Seal Sherrie L Kisner, Notary Public City Of Harrisburg, Dauphin County W Commission Expires Nov. 26.2011 05/08/09 Member, Pennsylvania Association of Notaries Real Estate Sale No. 72 Writ No. 20094163 Civil Term Metlife Home Loans, A Division of Metlife Bank, NA VS Adam J. Kell Attorney Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northerly right- of-way of Countryside Lane, a 50.00 foot right- of-way, which point is located at the intersection of the northerly right-of-way line of Countryside Lane and at the dividing line between Lots No. 109 and 110, on the Plan of Lots known as 'Countryside, Section (B)', thence from said point of beginning along the dividing line between lots Nos. 109 and 110, North 8 degrees 44 minutes 00 seconds West, a distance of 108.00 feet to a point on the dividing line between lots 110 and 111, on the aforesaid Plan ,f Lots, thence from said point along the dividing line between Lots Nos. 110 and 111. North 81 degrees 16 minutes 00 seconds East a distance of 122.65 feet to a point on the westerly right-of-way line of Countryside Lane, thence from said point along the westerly right-of-way line of Countryside Lane, along a curve to the right having a radius of 125.00 feet, an arc distance of 169.10 feet to a pont on the northerly right-of-way line of Countryside Lane, thence from said point along the northerly right-of-way line of Countryside Lane South 76 degrees 42 minutes 00 seconds West, a distance of 8.83 feet to a point, the point and place of BEGINNING. BEING Lot No. 110 on the Plan of Lots known as 'Countryside, Section (B)', prepared by Charles W. Junkins, Registered Surveyor, dated December 4, 1973, and recorded in the Office of the Recorder of Deeds of Cumberland County on Apra' 11, 1974, in Plan Book 25, page 7. HAVING THEREON ERECTED a dwelling house known and numbered as 3517 Countr side Lane, Camp Hill, Pennsylvania. SUBJECT TO COVENANTS dated March 26, 1975, and recorded on April 1, 1974, in the Office of the Recorder of Deeds of Cumberland County :n Misc. Book 214, Page 110, and to all other covenants and restrictions of record. Under and subject nevertheless to an easement or right- of-way to Pennsylvania Power and Light Company for the construction or erection of electrical utilities on the aforesaid property, either under or above ground. TITLE TO SAID PREMISES IS VESTED IN Adam J. Kell, single roan, by Deed from David W. Gerhart, Jr and Jennifer J. Gerhart, h/w, dated 06/29/2004, recorded 0710712004 in Book 264. Page 133. SUBJECT TO COVENANTS dated March 26. 1975, and recorded on April 1, 1974, in the office of the Recorder of Deeds of Cumberland County in Misc. Book 214, Page 110, and to all other covenants and restrictions of record. Under and subject nevertheless to an easement or right- A-way to Pennsylvania Power and Light Company for the construction or erection of electrical utilities on the aforesaid property. either under or above ground. Jennifer J. Gerhart joins in this deed to convey any interest she may have in the within described property as the wife of David W. Gerhart, Jr. PREMISES BEING: 3517 COUNTRYSIDE LANE, CAMP HILL, PA 17011-1521 PARCEL NO. 10-19-1596-103 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 METLIFE HOME LOANS A DIVISION OF COURT OF COMMON PLEAS METLIFE BANK NA Plaintiff CIVIL DIVISION NO.: 08-6163-CIVIL DIVISION V. CUMBERLAND COUNTY ADAM J. KELL C N i Defendant(s) ; /' J -? rrz l %.0 PRAECIPE TO ENTER ORDER y ZE v Ta `. N To the Prothonotary: a, Kindly enter the attached REASSESSMENT ORDER and AMEND THE JUDGMENT by Order in favor of the Plaintiff and against ADAM J. KELL defendant(s). As Set Forth in the Order *I4.oo PA tmY my 988s-2q &4,39 &3a $213,448.72 ' ?]Lawrence T. Phelan, Esq., Id.-Nu-12227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? /Shtal ,T. Romano, Esq., Id. No. 58745 ? R. Shah-Jani, Esq., Id. No. 81760 ? R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff ofileno» . % IN TAE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA METLIFE HOME LOANS A DIVISION OF Court of Common Pleas METLIFE BANK NA Plaintiff Civil Division V. ADAM J. KELL Defendant AND NOW, this z?'hday Motion to Make Rule Absolute, it is hereby 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 $192,667.13 Interest Through June 10, 2009 $16,551.10 Per Diem $40.91 Late Charges $336.55 Legal fees $1,300.00 Cost of Suit and Title $756.50 Sheriffs Sale Costs $0.00 Property Inspections/ PropertyPreservation $45.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $267.68 Private Mortgage Insurance 1400 CUMBERLAND County No. 08-6163-CIVIL TERM , 2009, upon consideration of Plaintiff's Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $1,524.76 $213,448.72 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. ,j4%4 88889 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 08-6163-CIVIL TERM ADAM J. KELL Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $213,448.72 , `-n Interest from 06/11/2009 to Date of Sale $15.965.95 'r ($35.09 per diem) ? TOTAL $229,414.67' J a? 4A4• oo P Q pIy N3. oo CBS A orney for Plaintiff !,S198- 15 Phelan Hallinan & Schmieg, LLP rig , 55D jj ? Lawrence T. Phelan, Esq., Id. No. 32227 N. oo di ? Francis S. Hallinan, Esq., Id. No. 62695 M. oo , ? Daniel G. Schmieg, Esq., Id. No. 62205 i • o0 ' ? Michele M. Bradford, Esq., Id. No. 69849 ? Jud' h T. Romano, Esq., Id. No. 58745 I A 5' fo5 - PD ATr'? tal R. Shah-Jani, Esq., Id. No. 81760 S e , nine R. Davey, Esq., Id. No. 87077 4 a R. Tabas, Esq., Id. No. 93337 L uren ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 188889 #a.oo bue Co 48A 108 (?? a3d?ltc3a RE LOAA ?Q?d -o w z C-4 > P a? A ? aka 3 tiox b x ? Q M U W a H w o d?+ ? E" ? v o v?rnM w v? ?`? N 'n v? oo ? ..? ? v ? ? ? o0 OHO ?? MM ?O O C,4 Nq r- mr-t- C> cl C; ozo?o? o? ?z z ? ?v aZz 0°zz ??'?°-oti`?zbzzzo`°oZ rs,0 a o wwbW•°? ?"?'b ?WW??wW g bb oww o~W ?w g 0U 9D p, cts :9 I!Z o a.9 ?xv??rx qE? ? ? ?aC? ?C7 ?,U w '? o p, w v C6 w' '?. o cd ?ti 3 > 03 Fa ..H P4 ?U > A a ?.. Qa?????? ????????? Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. ADAM J. KELL Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-6163-CIVIL TERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa?.S)A. § 4904 relating to unsworn falsification to authorities. i i By 1l /t x?l' A or ey for Plaintiff helan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 626f N o ? Daniel G. Schmieg, Esq., Id. No. 6 2 ( $ 1 ° , ,, , ? Michele M. Bradford, Esq., Id. No 4 & ? Judith T. Romano, Esq., Id. No. 501 ? Sheeta -R. Shah-Jani, Esq., Id. No.'$1760 N ? Je ' e R. Davey, Esq., Id. No. 870f!'`- auren R. Tabas, Esq., Id. No. 933 ro ? Vivek Srivastava, Esq., Id. No. 20ii?h N ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791'`i h., cr ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ri E?iS t? rv 1 f'? METLIFE HOME LOANS A DIVISION OF METLIFE COURT OF COMMON PLEAS BAP' ' NA laintiff CIVIL DIVISION V. NO. 08-6163-CIVIL TERM ADAM J. KELL CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 3517 COUNTRYSIDE LANE, CAMP HILL, PA 17011-1521. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably jz a ascertained, please so indicate) Z' -i ADAM J. KELL 3517 COUNTRYSIDE LANE N ' rr1 CAMP HILL, PA 17011-1521 -- r 2. Name and address of Defendant(s) in the judgment: . N M Name Address (if address cannot be reasonably R ascertained, please so indicate) ' cn - SAME AS ABOVE < 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. METLIFE HOME LOANS A DIVISION OF METLIFE BANK COURT OF COMMON PLEAS Nth CIVIL DIVISION Plaintiff NO. 08-6163-CIVIL TERM VS. CUMBERLAND PO _ U'I'Y tn ADAM J. KELL Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY= r . c ;z: TO: ADAM J. KELL 3517 COUNTRYSIDE LANE a CAMP HILL, PA 17011-1521 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 3517 COUNTRYSIDE LANE, CAMP HILL, PA 17011-1521 is scheduled to be sold at the Sheriff's Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $213,448.72 obtained by METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this ha (happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 08-6163-CIVIL TERM METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA VS. ADAM J. KELL owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being (Municipality) 3517 COUNTRYSIDE LANE, CAMP HILL, PA 17011-1521 Parcel No. 10-19-1596-103 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $213,448.72 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northerly right-of-way of Countryside Lane, a 50.00 foot right-of-way, which point is located at the intersection of the northerly right-of-way line of Countryside Lane and at the dividing line between Lots No. 109 and 110, on the Plan of Lots known as 'Countryside, Section (B)', thence from said pont of beginning along the dividing line between lots Nos. 109 and 110, North 8 degrees 44 minutes 00 seconds West, a distance of 108.00 feet to a point on the dividing line between lots 110 and 111, on the aforesaid Plan of Lots, thence from said point along the dividing line between Lots Nos. 110 and 111, North 81 degrees 16 minutes 00 seconds East a distance of 122.65 feet to a point on the westerly right-of-way line of Countryside Lane, thence from said point along the westerly right-of- way line of Countryside Lane, along a curve to the right having a radius of 125.00 feet, an arc distance of 169.10 feet to a pont on the northerly right-of-way line of Countryside Lane, thence from said point along the northerly right-of-way line of Countryside Lane South 76 degrees 42 minutes 00 seconds West, a distance of 8.83 feet to a point, the point and place of BEGINNING. BEING Lot No. 110 on the Plan of Lots known as 'Countryside, Section (B)', prepared by Charles W. Junkins, Registered Surveyor, dated December 4, 1973, and recorded in the Office of the Recorder of Deeds of Cumberland County on April 11, 1974, in Plan Book 25, page 7. HAVING THEREON ERECTED a dwelling house known and numbered as 3517 Countryside Lane, Camp Hill, Pennsylvania. SUBJECT TO COVENANTS dated March 26, 1975, and recorded on April 1, 1974, in the Office of the Recorder of Deeds of Cumberland County in Misc. Book 214, Page 110, and to all other covenants and restrictions of record. Under and subject nevertheless to an easement or right-of-way to Pennsylvania Power and Light Company for the construction or erection of electrical utilities on the aforesaid property, either under or above ground. TITLE TO SAID PREMISES IS VESTED IN Adam J. Kell, single man, by Deed from David W. Gerhart, Jr and Jennifer J. Gerhart, h/w, dated 06/29/2004, recorded 07/07/2004 in Book 264, Page 133. SUBJECT TO COVENANTS dated March 26, 1975, and recorded on April 1, 1974, in the Office of the Recorder of Deeds of Cumberland County in Misc. Book 214, Page 110, and to all other covenants and restrictions of record. Under and subject nevertheless to an easement or right-of-way to Pennsylvania Power and Light Company for the construction or erection of electrical utilities on the aforesaid property, either under or above ground. Jennifer J. Gerhart joins in this deed to convey any interest she may have in the within described property as the wife of David W. Gerhart, Jr. PREMISES BEING: 3517 COUNTRYSIDE LANE, CAMP HILL, PA 17011-1521 PARCEL NO. 10-19-1596-103 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6163 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METLIFE HOME LOANS, a Division of METLIFE BANK, N.A., Plaintiff (s) From ADAM J. KELL (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 $213,448.72 L.L. Interest from 6/11/09 to Date of Sale ($35.09 per diem) -- $15,965.95 Atty's Comm % Due Prothy $2.00 Atty Paid $1,495.65 Other Costs Plaintiff Paid Date: 3/29/10 c? avid D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 93337 F!1 Amv 4A, 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff v. ADAM J. KELL Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-6163-CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES 188889 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: I. Plaintiff commenced this foreclosure action by filing a Complaint on October 15, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". Judgment was entered on December 3, 2008 in the amount of $204,555.80. 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 November 3, 2010. 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 $192,667.13 Interest Through November 3, 2010 $37,472.51 Per Diem $40.91 Late Charges $207.93 Legal fees $1,300.00 Cost of Suit and Title $944.50 Sheriffs Sale Costs $1,298.15 Property Inspections/ Property Preservation $1,521.00 Appraisal/Brokers Price Opinion $570.00 Mortgage Insurance Premium / $133.84 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 188889 Suspense/Misc. Credits ($0.00) Escrow Deficit $10,768.70 TOTAL $246,883.76 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 September 8, 2010 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. 188889 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallman & Schmieg, LLP DATE: By: ? 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 R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 188889 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF Court of Common Pleas METLIFE BANK NA Plaintiff Civil Division V. CUMBERLAND County ADAM J. KELL No. 08-6163-CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 188889 I. BACKGROUND OF CASE ADAM J. KELL 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 3517 COUNTRYSIDE LANE, CAMP HILL, PA 17011-1521. The Mortgage indicates that in the event of 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. IL 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 188889 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 188889 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. 188889 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, Plaintiff's interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. 188889 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from 188889 the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. 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. 188889 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: ()g-v- tkcyl.'.Q? - ? 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 R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 188889 Exhibit "A" 188889 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 188989 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVING, TX 75063 V. Plaintiff C O D Z M-, -i cn i) xs r wt ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM -y-t NO. 9- (AU3 0ivi I {)rm CUMBERLAND COUNTY ADAM J. KELL 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011 We hereby certify the within to be a true and dant correct Copy Of the ATTORNEY FILE CAF original filed of record PLEASE RETURN CIVIL ACTION - LAW . COMPLAINT IN MORTGAGE FORECLOSURE File #f: 189999 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 maybe 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 #: 188889 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 #: 188889 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 #: 188889 1. Plaintiff is METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: ADAM J. KELL 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/10/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A. NOMINEE FOR FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200741745. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2008 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 #: 188889 6. The following amounts are due on the mortgage: Principal Balance $192,667.13 Interest $6,831.97 05/01/2008 through 10/14/2008 (Per Diem $40.91) Attorney's Fees $1,250.00 Cumulative Late Charges $336.55 10/10/2007 to 10/14/2008 Mortgage Insurance Premium / $60.00 Private Mortgage Insurance Cost of Suit and Title Search 550.00 Subtotal $201,695.65 Escrow Credit $0.00 Deficit $855.56 Subtotal 855.56 TOTAL $202,551.21 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action: Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a.discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 188989 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action, does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $202,551.21, together with interest from 10/14/2008 at the rate of $40.91 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 B 1 Y: LAWRENCE T. PHELAN, ESQUIRE 44RANCIS 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 MCGU 14NESS, ESQUIRE Attorneys for Plaintiff File #: 188889 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northerly right-of-way of Countryside Lane, a 50.00 foot right-of- way, which point is located at the intersection of the northerly right-of-way line of Countryside Lane and at the dividing line between Lots No. 109 and 110, on the Plan of Lots known as 'Countryside, Section (B)', thence from said pont of beginning along the dividing line between lots Nos. 109 and 110, North 8 degrees 44 minutes 00 seconds West, a distance of 108.00 feet to a point on the dividing line between lots 110 and 111, on the aforesaid Plan of Lots, thence from said point along the dividing line between Lots Nos. 110 and 111, North 81 degrees 16 minutes 00 seconds East a distance of 122.65 feet to a point on the westerly right-of-way line of Countryside Lane, thence from said point along the westerly right-of-way line of Countryside Lane, along a curve to the right having a radius of 125.00 feet, an arc distance of 169.10 feet to a pont on the northerly right-of-way line of Countryside Lane, thence from said point along the northerly right-of--way line of Countryside Lane South 76 degrees 42 minutes 00 seconds West, a distance of 8.83 feet to a point, the point and place of BEGINNING. BEING Lot No. i 10 on the plan of Lots known as 'Countryside, Section (B)', prepared by Charles W. Junkins, Registered Surveyor, dated December 4, 1973, and recorded in the Office of the Recorder of Deeds of Cumberland County on April 11, 1974, in Plan Book 25, page 7. Fite #: 188889 SUBJECT TO COVENANTS dated March 26, 1975, and recorded on April 1, 1974, in the Office of the Recorder of Deeds of Cumberland County in Misc. Book 214, Page 110, and to all other covenants and restrictions of record. Under and subject nevertheless to an easement or right-of-way to Pennsylvania Power and Light Company for the construction or erection of electrical utilities on the aforesaid property, either under or above ground. Parcel #10-19-1596-103 PROPERTY BEING: 3517 COUNTRYSIDE LANE File #: 188889 r- dice President VERWICATION Michael Fisher hereby states that he/she is of METLIFE HOME LOANS, servicing agent for Plaintiff, METLIFE HOME LOANS A DIVISION OF METLIFE BANK, NA, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsifcation to authorities. Name: Michael Fishcr DATE: Title: Vice President Company: METLIFE HOME LOANS Loan:0062010384 File 9: 188889 Exhibit "B" 188889 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA VS. ADAM J. KELK 3517 COUNTRYSIDE LANE Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION A -ban 6 WHfi TERM CAMP HILL, PA 17011-1521 ILE COPY c' ? 0 'S SE R RN >> r rz? 177 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO 6z .•J ? 1 ANSWER AND ASSESSMENT OF DAMAGES ??, TO THE PROTHONOTARY: rn, Kindly enter judgment in favor of the Plaintiff and against ADAM J. KELK, Defen&At(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest - 10/15/2008 TO 12/02/2008 TOTAL $202,551.21 $2.004.59 $204,555.80 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. Daniel G. Selunieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS# 189889 PRO PROTHY Exhibit "C" 188889 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey September 8, 2010 ADAM J. KELL 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 RE: METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA v. ADAM J. KELL Premises Address: 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 08-6163-CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by September 13, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ver truly IP, Lawrence TEsquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Ju ith T. Romano, Esquire heetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire 188889 Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure 188889 Z? VO a r Q+ w 7- a Q z ? G- p y .. r aya ? v cC a d ? i sue. a L- oa .o _ J 9 0. ? G ORJ 00 G O 0' j .p O N ? v V ? N fy N - c " q G N N ? G C3 N ? U W cxC O N ? ^6 O i ? r v °r3 ? ? ~ J UVV T C f Q 1J .? ¢ r O ' y ? N ? ,,. G O ^ ? O vOi ? r? _ F V 7 N E M N rO O I nWC? e1, G CL G d' v o a a? Qc ?G z? 7'S 0w v b . ? z ? r r ? r VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am 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 my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: By: (<t ?y ? 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 R. Shah-Jani, .Esq., Id. No. 81760 ? Jenine R. Davey, Esq.., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93 337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 188889 Phelan Hallman & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF Court of Common Pleas METLIFE BANK NA Plaintiff Civil Division V. CUMBERLAND County ADAM J. KELL No. 08-6163-CIVIL TERM Defendant CERTIFICATION OF SERVICE 188889 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. ADAM J. KELL 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 Phelan Hallinan & Schmieg, LLP DATE: -- By: _ ?V ? 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 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 L Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 188889 app 1,~ 2010 ~ 4=1~ -~I-~;~~ IC~_ s:~«~ r:i t ~, .. `~T ~~~w e r r a.~. oJ~ 1dl' F}~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA METLIFE HOME LOANS A DIVISION OF Court of Common Pleas METLIFE BANK NA Plaintiff Civil Division v. CUMBERLAND County ADAM J. KELL No. 08-6163-CIVIL TERM Defendant RULE AND NOW, this D day of - 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT ~O ~~ES ~- J R . ~(~. g~a.c Jrd ~~ /yLc!~-~ N~-zS J. 188889 ~1;_~~3-JF~lC~ ~~ ~~ ~~~r~r~o~~arAx'~~ ZOf 0 OCT --8 ~I`~ I I ~ ~4 ~U~i~ERL~~~Y~Df COU~1T~' ~~.h3a.S .1..4~'~~~1 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff v. ADAM J. KELL Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-6163-CIVIL TERM CERTIFICATION OF SERVICE 188889 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of September 20, 2010 was sent to the following individual on the date indicated below. ADAM J. KELL 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 Phelan Hallinan & Schmieg, LLP DATE: ~ ~`+~'~~ By: awrence 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 R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ® Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 188889 '~1L~b-~~'~tCE C~~ THE P~OTyt~P~OTARY 2~ ~ 0 GCI ! S P}~ 2~ 15 C~~A"'~ RLt~~~D CCU~dTY ~"~C~`~SYLYAP~lA 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff v. ADAM J. KELL Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-6163-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE 188889 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on September 15, 2010. A Rule was entered by the Court on or about September 20, 2010 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on September 28, 2010, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 10, 2010 . 188889 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: ~(~' (5'GU By: P`~ ^ 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 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 [~].,I,aime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 188889 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff v. ADAM J. KELL Court of Common Pleas Civil Division CUMBERLAND County No. 08-6163-CIVIL TERM Defendant BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 188889 A Motion to Reassess Damages was filed with the Court on September 15, 2010 A Rule was entered by the Court on or about September 20, 2010 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on September 28, 2010 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 10, 2010. 188889 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: (~'` ~ ~° I O By: 1'~ ~~L~'u~ ^ 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 R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 188889 Exhibit "A" 188889 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA METLIFE HOME LOANS A DIVISION OF . Court of Common Pleas METLIFE BANK NA Plaintiff Civil Division v. CUMBERLAND County ADAM J. KELL No. OS-6163-CIVIL TERM Defendant RULE AND NOW, this '~L day of J~ 2010, a Rule is entered upon the Defendants _~~ to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff mary file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 188889 Exhibit "B" 188889 r ii..c~-J ~"tC~ 0~ T~#~ ~~~ ~~~0"~Q I~R`'1 ZOI~flCT -~3 ~~1~: ~~~ ~UP°1B~F~l. ~~D COUs~~':` ~ C~1Y~ S"L-~l~a r~ 1 A ,~ ~~~~ nc~lan Hallinan di S By: Lawrence T. Phelan, ., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id..No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 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 ~~t~V Joshua I. Goldman, Esq., Id. No.r,~p~ ~.~~ Courtenay R. Dunn, Esq., Id. No. 2d Andrew C. Bramblett, Esq., 'Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF METLIFE HOME LOANS A DIVISION OF Court. of Common Pleas METLIFE BANK NA Plaintiff Civil Division v. CUMBERLAND County ADAM J. KELL ~„~ a 4 ,~ , .: ~ 8-6163-CIVIL TERM Defendant CERTIFICATION OF SERVICE 188889 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of September 20, 2010 was sent to the following individual on the date indicated below. ADAM J. KELL 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 ti Phelan Hallinan & Schmieg, LLP DATE: `J~ ~~-l~ By: ~.J'Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T, Romano, Esq., Id. No. 58745 ^ Sheetal R Shah~Jani, Esq., Id. No. 81760 ~~ ~ Jenine ~y, Esq., Id. No. 87077 abas, Esq., Id.. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ® Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 188889 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: ~` (~j ~ ((, By: ^ 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 R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 188889 :. 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenirfe R. Davey, Esq., Id. No. 87077 Lauren R. 'I'abas, Esq., Id. No. 93337 Vivelc Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff v. ADAM J. KELL Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-6163-CIVIL TERM CERTIFICATION OF SERVICE 188889 -~ I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. ADAM J. KELL 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 Phelan Hallinan & Schmieg, LLP DATE: ~~ ` (~' (Q By: r ^ 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 R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 188889 s • FiLFD-OF~IC OF TE~1~ FR,aTl~QP~OTAR't' 2010 4CT 20 P ~~ ~~ Cl.l`IBER~.~~dD C~U~~T`E °El~NSYLV~,~df~, ocr ~ s 200 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA METLIFE HOME LOANS A DIVISION OF Court of Common Pleas METLIFE BANK NA Plaintiff Civil Division v. CUMBERLAND County ADAM J. KELL No. 08-6163-CIVIL TERM Defendant ORDER AND NOW, this Z ~' day of ~ L~. , 2010, 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 $192,667.13 Interest Through November 3, 2010 $37,472.51 Per Diem $40.91 Late Charges $207.93 Legal fees $1,300.00 Cost of Suit and Title $944.50 Sheriff s Sale Costs $1,298.15 Property Inspections/ Property Preservation $1,075.00 AppraisaUBrokers Price Opinion $250.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance 188889 Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $8,121.50 $243,336.72 Plus interest from November 3, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff s commission is not included in the above figure. f. ,~,~~. N~J£SS A ~ ~-~~ !a ~a~lo ~~ BY THE COURT c~ C~ ' J. 188889 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METLIFE HOME LOANS A DIVISION OF CUMBERLAND COUNTY METLIFE BANK NA Plaintiff, COURT OF COMMON PLEAS V ADAM J. KELL Defendant(s) CIVIL DIVISION No.: 08-6163-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA } PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) andl iified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Ex it F-1 Lawrence T. Phelan, Esq., Id. No. 32227 F cis S. Hallinan, Esq., Id, No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 i ? Jay B. Jones, Esq., Id. No. 86657 s ? Peter J. Mulcahy, Esq., Id. No. 61791 _ [] Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 0 Chrisovalante P. Fliakos, Esq., Id. No. 94620 [] Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn; Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff Date: t 0_" to i IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 188889 AETLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. ADAM J. KELL Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6163-CIVIL TERM CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 31.29.1 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA, Plaintiff in the above action, by the undersigned attorney, sets' forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 3517 COUNTRYSIDE LANE, CAMP HILL, PA 17011-1521. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ADAM J. KELL 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) TOWNSHIP OF HAMPDEN 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17050 TOWNSHIP OF HAMPDEN C/O KEITH O. BRENNEMAN, ESQUIRE SNELBAKER & BRENNEMAN, P.C. 44 W. MAIN STREET MECHANICSBURG, PA 17055 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA Countryside Homeowners Association P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 222 Airport Road Butler, PA 16002-7630 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ter.. Date: l ?} f I r, By:? Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? F cis S. Hallinan, Esq., ld. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id:. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 933317 ? V vek 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 L Goldman; Esq., 14. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq.,' Id. No. 208375 a o$ ? r G. O ay ? c ? o v W V •: Q7 0. a h A. R ?i yy yy Co v £ Q € a v, m a? 6 L MOO dlZ W021d Q311Vn ? 0€OZ 6Z2JMM 85ZLiZtr000 Ea ozs,zo &Y1 Z 0 _ [ w .s S3M09 A3Nlld r.. ? G ? ? , a °? y ado, h ;?ro?3 o y ? ii a •° ? 'G a p . M a V M 'p N G p tlC yy W ? C D U O O 3 C h fJ • .? p 469 O a•0Y?0 p ..?i ?. O N ? N N +pp G O 7 -0 0.. a o [,? gw '> U 00 ~'Nq M y -a.. ti.+ p z}y A E r „?. .emu .?.? in „?? V F? jjjj an Yu g id •S m t4 ? ? ? a x -? d , ?, ? sq y as "CS i4 7 C?j [?` p y. 'N ? CSC p R3 ? f"?Q V N 1.7 ? Q p "? M ? ? ~ "? • C CJ t,M W as h o u,w ?wm„t qN O ?a ?.+1~- ? ? Ha ?+ A, u o. o ? ? o ? ww ? ?. ° ? as ? ?. ? on ? ..' ? '? ri • ? O Z 'app d -a c a x ? •? ' 'a" y li >" ?' N 'C x ' •? ` o c7 . r+y cO ?,?.v" y c ?a s " G pa °a s, 7.. szoW?r o O d ?, „? ? ? >: F nU -;V AU UArs.x AriF,,-c°Fa ?fH?? ' UcNV F, .n 7 ro 5 yy WO ?. Y JJ ? a v f n i n 0 0 1 1, -4 k l4 e n v t n Fw 1q; In- 7 ,k7 Name and Phelan Hallinan & Schmieg, LLP Address 1617.1FK Boulevard, Suite 1400 Of Sender One Penn Center Plaza Philadelphia, PA 19103 :- 09/lZlilllllU SALE ::.:... Line Article Number Name of Addressee, Street, and Post Office Address Postage 1 **** TOWNSHIP OF HAMPDEN 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17050 2 **** TOWNSHIP OF HAMPDEN CIO KEITH O. BRENNEMAN, ESQUIRE o o m SNELBAKER & BRENNEMAN, P.C. s?N 44 W. MAIN STREET 23 o MECHANICSBURG, PA 17055 3 **** a s 4 **** ,? 6?} 4 *** Ll N G 0 **** K12 *** O?1Mn oo g **** RE: ADAM J. KELL CUMBERLAND PHS9188889 Total Number of T."I Number oMcces Postmaster, Per (Name of - The full declaration of value is required on all domestic and intemational registered mail. The maximum indemnity payable Pieces Listed by Sender Received at Post Office Receiving Employee) for the reconstruction of nonnepiiable documents under Express Mail document reconstruction iusum mco is 350;000 per `piece subject to a limit of $500,000 pu t,ccu rence The maximum indemmnity payable on£xpress Mail merchandise is 5500. J The maximum indemnity payable is $25,000 for registeren mail, sent with optional insumrue. See Dom.* Mail Manual 8900 5913 and 5921 for limitations of covers e. 1Z ?d 16L SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor -0,111tr ?1 4 wets fi?.???? Ri 7 qtr Zuig DEC 21 P 2: e3 CUMBERLAND COUNT'S PEIMSY"A IA Metlife Home Loans A Division of Metlife Bank NA Case Number vs. 2008-6163 Adam J. Kell SHERIFF'S RETURN OF SERVICE 06/26/2010 10:42 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 26, 2010 at 1039 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Adam J. Kell located at 351 Countryside Lane, Camp Hill, Cumberland County, Pennsylvania according to law. 06/26/2010 10:42 AM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Adam J. Kell but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Adam J. Kell. The defendant does not live at 3517 Countryside Lane, Camp Hill, PA, 17011. The forwarding order at the post office expired January 21, 2009. 09/08/2010 As directed by Phelan, Hallinan & Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/3/201( 11/03/2010 Ronny R. Anderson, Sheriff, 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 Cumberland County Courthouse, Carlisle, Cumberland County, PA on November 3, 2010 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal National Mortgage Association, P.O. Box 650043, Dallas, TX 75265 being the buyer in this execution, paid to the Sheriff the sum of $782.79. SHERIFF COST: $782.79 December 13, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF vs-O-Ca ?as3214 ? i,Ci Vftltl??JUICf. ?he!?f. Iil::'v L'I, ?I^t; METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA' r • Plaintiff V. ADAM J. KELL Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6163-CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 3517 COUNTRYSIDE LANE, CAMP HILL, PA 17011-1521. I . Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ADAM J. KELL 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name ` Address (if address cannot be TENANVOCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare reasonably ascertained, please indicate) 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA Countryside Homeowners Association 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 222 Airport Road Butler, PA 16002-7630 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification March 25, 2010 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 ? Judi . Romano, Esq., Id. No. 58745 ? Sh tal R. Shah-Jani, Esq., Id. No. 81760 nine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 N METLIFE HOME LOANS A'DIVISION OF METLIFE BANK COURT OF COMMON PLEAS NA : CIVIL DIVISION Plaintiff . VS. ADAM J. KELL : NO. 08-6163-CIVIL TERM : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ADAM J. KELL 3517 COUNTRYSIDE LANE CAMP HILL, PA 17011-1521 "THIS THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 3517 COUNTRYSIDE LANE, CAMP HILL, PA 17011-1521 is schedulcd to be sold at the Sheriffs Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $213,448.72 obtained by METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. i 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 h. s happened, you may call 215-563-7000. 4 If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if tY - 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 gi ves a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of di itribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after th sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his of Fce. This schedule will state who will be receiving that money. The money will be paid out in accordance w th this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff w: thin ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately of ter the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 T SHORT DESCRIPTION By virtue of a Writ of Execution NO. 08-6163-CIVIL TERM METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA vs. ADAM J. KELL owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being (Municipality) 3517 COUNTRYSIDE LANE, CAMP HILL, PA 17011-1521 Parcel No. 10-19-1596-103 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $213,448.72 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northerly right-of-way of Countryside Lane, a 50.00 foot right-of-way, which point is located at the intersection of the northerly right-of-way line of Countryside Lane and at the dividing line between Lots No. 109 and 110, on the Plan of Lots known as 'Countryside, Section (B)', thence from said pont of beginning along the dividing line between lots Nos. 109 and 110, North 8 degrees 44 minutes 00 seconds West, a distance of 108.00 feet to a point on the dividing line between lots 110 and 111, on the aforesaid Plan of Lots, thence from said point along the dividing line between Lots Nos. 110 and 111, North 81 degrees 16 minutes 00 seconds East a distance of 122.65 feet to a point on the westerly right-of-way line of Countryside Lane, thence from said point along the westerly right-of- way line of Countryside Lane, along a curve to the right having a radius of 125.00 feet, an arc distance of 169.10 feet to a pont on the northerly right-of-way line of Countryside Lane, thence from said point along the northerly right-of-way line of Countryside Lane South 76 degrees 42 minutes 00 seconds West, a distance of 8.83 feet to a point, the point and place of BEGINNING. BEING Lot No. 110 on the Plan of Lots known as 'Countryside, Section (B)', prepared by Charles W. Junkins, Registered Surveyor, dated December 4, 1973, and recorded in the Office of the Recorder of Deeds of Cumberland County on April 11, 1974, in Plan Book 25, page 7. HAVING THEREON ERECTED a dwelling house known and numbered as 3517 Countryside Lane, Camp Hill, Pennsylvania. SUBJECT TO COVENANTS dated March 26, 1975, and recorded on April 1, 1974, in the Office of the Recorder of Deeds of Cumberland County in Misc. Book 214, Page 110, and to all other covenants and restrictions of record. Under and subject nevertheless to an easement or right-of-way to Pennsylvania Power and Light Company for the construction or erection of electrical utilities on the aforesaid property, either under or above ground. TITLE TO SAID PREMISES IS VESTED IN Adam J. Kell, single man, by Deed from David W. Gerhart, Jr and Jennifer J. Gerhart, h/w, dated 06/29/2004, recorded 07/07/2004 in Book 264, Page 133. SUBJECT TO COVENANTS dated March 26, 1975, and recorded on April 1, 1974, in the Office of the Recorder of Deeds of Cumberland County in Misc. Book 214, Page 110, and to all other covenants and restrictions of record. Under and subject nevertheless to an easement or right-of-way to Pennsylvania Power and Light Company for the construction or erection of electrical utilities on the aforesaid property, either under or above ground. Jennifer J. Gerhart joins in this deed to convey any interest she may have in the within described property as the wife of David W. Gerhart, Jr. PREMISES BEING: 3517 COUNTRYSIDE LANE, CAMP HILL, PA 17011-1521 PARCEL NO. 10-19-1596-103 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6163 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METLIFE HOME LOANS, a Division of METLIFE BANK, N.A., Plaintiff (s) From ADAM J. KELL (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 $213,448.72 L.L. Interest from 6/11/09 to Date of Sale ($35.09 per diem) -- $15,965.95 Atty's Comm % Atty Paid $1,495.65 Plaintiff Paid Date: 3/29/10 (Seal) Due Prothy $2.00 Other Costs David D. Buell, ?rothonotary By: Deputy REQUESTING PARTY: Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 HK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 93337 On June 14, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, _3517 Countryside Lane, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: Real Estate Coordinator Efi .z c l ? wnl O+OZ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a-legal periodical published in the Borough of Carlisle in the County and,State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. writ No. 2006-6163 Civil Metlife Home Loans A Division of Metlife Bank NA VS. Adam J. Kell Atty.: Daniel Schmieg By virtue of a Writ of Execu- tion NO. 08-6163-CIVIL TERM, METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA vs. ADAM J. KELL, owner of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being 3517 COUNTRYSIDE LANE, CAMP HILL, PA 17011-1521. Parcel No. 10-19-1596-103. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $213,448- .72. Marie Coyne, Edi r SWORN TO AND SUBSCRIBED before me this 30 da of Jul 2010 . e'l?l Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH. CUMBERLAND COUNTY My Commission Expires Apr 28, 201 ??..,?„??.? ,.? . ?.:..., ,., w..:.?.»..., ..:., ... »' ?u,?alct?;';`s{?,t1N?t?td??? di)a1?'?°!t}¢ s ti;.?Ar?.': r WS?'? t?`, ,.(t{? _ 3Y+E{X.J ?i:;??"?i'fli'f!(3i ?};fi "he Patriot-News Co. 0 Technology Pkwy Suite 300 e-hanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Ile ?latriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot--News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue anti 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: Writ No. 2008-6163 Civil Term 07/09/10 Y8 itte Home Loans A Division of Metlife Bank NA 07/16/10 Vs 07/23/10 Adam J Kell Atty: Daniel schmieg ...... By virtue of a Writ of Execution NO.08-6163- ... ............. CIVIL TERM METLIFE HOME LOANS A DIVISION OF ? METUFEBANKNA Sworn to an.01 ?bscribed before me this 05?C- of August, 2010 A.D. vs. ADAM J. KELL ?`? rr owner(s) of pro arty situate in the TOWNSHIP `..." ?? ? ' ' c I OF HAMPDEN, Cumberland County, Notary PUbIIC Pennsylvania, being (Municipality) 3517 COUNTRYSIDE LANE, CAMP HILL, PA 17011-1521 COt?il`?IQ"f= Pv'?yiVSY V ParcelN1-10219-1596103 - -- NWEAL. { l---_ _ __?? _ANiA (Acreage or strew address) Notarial Seat i Improvements thereon: RESIDENTIAL c,h,errie L Kisnar, Notary public. i DWELLING wer t>a? ton Tuvp. Dauphin County 1' JUDGMENT AMOUNT: $213,448.72 i ` on' nls?ion ExPlres Nov. Z6, 2011 t?1A:7sl. 1. zL n .1.`.._._ ---..1 ?ac:l?i ?`C?J!1 Of N47tc!nC;S COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National MtgLAssoc is the grantee the same having been sold to said grantee on the 3rd day of November A.D., 2010, under and by virtue of a writ Execution issued on the 29th day of March, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 08 Number 6163, at the suit of Metlife Home Loans against Adam J Kell is duly recorded as Instrument Number 201037945. IN TESTIMONY WHEREOF, I have hereunto to set my hand and seal of said office this ? ? _day of A.D. _ZZO L,,!!g- 4?j corder of DeedE gu?iMMawY91dJn9D14