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HomeMy WebLinkAbout08-7377PHELAN 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 193532 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 Plaintiff V. VIKTOR KRAPOV VERA KRAPOVA 1793 CESSNA STREET CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - 73717 eiv?( o tw CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 193532 J 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 (717) 249-3166 File #: 193532 1. Plaintiff is SOVEREIGN BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: VIKTOR KRAPOV VERA KRAPOVA 1793 CESSNA STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/20/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1955, Page 3785. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(8); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2008 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 #: 193532 a 6. 7 8. The following amounts are due on the mortgage: Principal Balance $146,691.38 Interest $4,590.00 07/01/2008 through 12/17/2008 (Per Diem $27.00) Attorney's Fees $1,300.00 Cumulative Late Charges $250.81 06/20/2006 to 12/17/2008 Property Inspections $20.70 Mortgage Insurance Premium / $73.75 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $153,676.64 Escrow Credit $0.00 Deficit $455.79 Subtotal 455.79 TOTAL $154,132.43 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 #: 193532 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $154,132.43, together with interest from 12/17/2008 at the rate of $27.00 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: LA NCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 193532 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a final subdivision plan of Heritage Court, dated July 9, 1976, and recorded in Cumberland County Plan Book 28, Page 71, as follows: BEGINNING at a point on the Southerly line of Cessna Street (50 feet wide) at the Northwest corner of Lot No. 6 on the abovementioned Plan of Lots; thence by the Southerly line of Cessna Street by a curve to the right having a radius of 225 feet, a distance of 74.76 feet to a point at the Northeast corner of Lot No. 8 on the abovementioned plan of Lots; thence by said Lot No. 8 South 0 degrees 38 minutes 40 seconds East 129.77 feet to a point; thence South 81 degrees 14 minutes East 131.63 feet to a point at the Southwest corner of said Lot No. 6; thence by said Lot No. 6 North 19 degrees 41 minutes West 173.07 feet to a point, the Place of BEGINNING. CONTAINING 14,623 square feet more or less and being numbered Lot No. 7 on the abovementioned Plan of Lots. PARCEL NO. 29-17-15 87-110 PROPERTY BEING: 1793 CESSNA STREET File #: 193532 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. 99?to M ?" - 'g 1O 12Y Attorney for Plaintiff DATE: 1 d ' 7- File #: 193532 .6}, VI m i cx, 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-07377 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS KRAPOV VIKTOR ET AL MICHELLE GUTSHALL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KRAPOV VICTOR the DEFENDANT , at 0824:00 HOURS, on the 3rd day of January , 2009 at 1793 CESSNA STREET CARLISLE, PA 17013 VERA KRAPOVA, SPOUSE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 18.00 4 . 5 0 00 10.00 R. Thomas Kline .00 32.50 01/05/2009 PHELAN HALLINAN SCHMIEG By: M G4a5?;? day Deputy Sheriff of A. D. n t 71 ` ' . . l77 SHERIFF'S RETURN - REGULAR CASE NO: 2008-07377 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS KRAPOV VIKTOR ET AL MICHELLE GUTSHALL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KRAPOVA VERA the DEFENDANT , at 0824:00 HOURS, on the 3rd day of January , 2009 at 1793 CESSNA STREET CARLISLE, PA 17013 by handing to VERA KRAPOVA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 ; Surcharge 10.00 R. Thomas Kline .00 16.00 01/05/2009 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. ''`"' ('? r ; :? ?... }_ ? {,i?- .sties- ? ?,,, '?.k ??? j _?,.. - --;s ..,.. ? « ? ?y ? r!. . . .. i { :.7 -yy a? Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK VS. VIKTOR KRAPOV VERA KRAPOVA 1793 CESSNA STREET CARLISLE, PA 17013 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-7377 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against VIKTOR KRAPOV, and VERA KRAPOVA, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $154,132.43 Interest - 12/18/2008 to 02/10/2009 $1,485.00 TOTAL $155,617.43 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: R /,(/ Idy PHS # 193532 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 SOVEREIGN BANK VIKTOR KRAPOV VERA KRAPOVA TO: VIKTOR KRAPOV 1793 CESSNA STREET CARLISLE, PA 17013 Plaintiff Defendant(s) DATE OF NOTICE: January 27, 2009 ,L. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 ATTORNEY FOR PLAINTIFF CIVIL DIVISON COURT OF COMMON PLEAS NO. 08-7377 CIVIL TERM CUMBERLAND COUNTY -f-71q) 249-3166 berland County Bar Association 32 South Bedford Street Carlisle, PA 17013 lv SEIDMAN Assistant PHS # 193532 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 SOVEREIGN BANK Plaintiff v VIKTOR KRAPOV VERA KRAPOVA Defendant(s) TO: VERA KRAPOVA 1793 CESSNA STREET CARLISLE, PA 17013 DATE OF NOTICE: January 27, 2009 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-7377 CIVIL TERM CUMBERLAND COUNTY 11,*14rTHIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 eland County Bar Association 2 South Bedford Street Carlisle, PA 17013/` (717) 249-3166 Assistant PHS # 193532 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK VS. VIKTOR KRAPOV VERA KRAPOVA Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-7377 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant VIKTOR KRAPOV is over 18 years of age and resides at 1793 CESSNA STREET, CARLISLE, PA 17013. (c) that defendant VERA KRAPOVA is over 18 years of age and resides at 1793 CESSNA STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Daniel G. Schmieg, Esquire Attorney for Plaintiff -t- '?` ?. ?. ? J ? t?1`, -.? '? ?`1 ? ?? ....,? n D =#'1 ? '^ ?-i 1 ri1 j: Sri - .. ??'^ ?? `. 7 ? ...-{;?.:. i. r? ?. ...a _?.. ?, ?s. , ?=?'. x-. (Rule of Civil Procedure No. 236) - Revised SOVEREIGN BANK : CUMBERLAND COUNTY VS. : COURT OF COMMON PLEAS VIKTOR KRAPOV VERA KRAPOVA CIVIL DIVISION 1793 CESSNA STREET CARLISLE, PA 17013 No. 08-7377 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on ?? //-z Br If you have any questions concerning this matter please contact: Daniel G. Schmieg, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFOR CEMENT OF A LIEN AGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 SOVEREIGN BANK V. VIKTOR KRAPOV VERA KRAPOVA Plaintiff, Defendant(s). TO THE PROTHONOTARY: Issue writ of execufiop in the above matter: Amount Due No. 08-7377 CIVIL TERM $155,617.43 Interest from 02/11/2009 - 06/10/2009 $3,069.60 and Costs (per diem -$25.58 ) TOTAL Note: Please attach description of property. $158,687.03 DEAN E . S IEG, 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 193532 a v' ow ?a o? 00 o? v? ?W ?v 0 J# s ap o? on 4 . o ?0 0 r r 0 f. Tzl ? i E" o wa U a w r r M ? G t' VU ? W CI .? a ? M M M q? N CA M W - .1 r iJ X. ?(+ 0 -a u a? f 1` i ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-7377 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK Plaintiff (s) From VIKTOR KRAPOV VERA KRAPOVA (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 $155,617.43 L.L.$0.50 Interest FROM 2/11/2009-6/10/2009 (PER DIEM-$25.58) $3,069.60 Atty's Comm % Due Prothy $2.00 Atty Paid $ 167.50 Plaintiff Paid Other Costs Date: FEBRUARY 25, 2009 (Seal) C)jAis R. Long, notary 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 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 SOVEREIGN BANK Plaintiff, . V. VIKTOR KRAPOV VERA KRAPOVA Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-7377 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: 0 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. D I . SC MIEG, ESQUIRE Attorney for Plaintiff C? ' ir t t ? ?Af ' c? n S SOVEREIGN BANK Plaintiff, V. VIKTOR KRAPOV VERA KRAPOVA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-7377 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 SOVEREIGN BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1793 CESSNA STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name VIKTOR KRAPOV VERA KRAPOVA Last Known Address (if address cannot be reasonably ascertained, please indicate) 1793 CESSNA STREET CARLISLE, PA 17013 1793 CESSNA STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SOVEREIGN BANK 1130 BERKSHIRE BOULEVARD WYOMISSING, PA 19610 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 1793 CESSNA STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsw f catio uthorities. February 23, 2009 DATE G. SC IEG, ESQUIRE Attorney for Plaintiff r- 4- cu , . us t; SOVEREIGN BANK CUMBERLAND COUNTY Plaintiff, v. VIKTOR KRAPOV VERA KRAPOVA Defendant(s). No. 08-7377 CIVIL TERM February 23, 2009 TO: VIKTOR KRAPOV 1793 CESSNA STREET CARLISLE, PA 17013 VERA KRAPOVA 1793 CESSNA STREET CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS ISNOTAND 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, 1793 CESSNA STREET, CARLISLE, PA 17013, _is scheduled to be sold at the Sheriff s Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $155,617.43 obtained by SOVEREIGN BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a final subdivision plan of Heritage Court, dated July 9,1976, and recorded in Cumberland County Plan Book 28, Page 71, as follows: BEGINNING at a point on the Southerly line of Cessna Street (50 feet wide) at the Northwest corner of Lot No. 6 on the abovementioned Plan of Lots; thence by the Southerly line of Cessna Street by a curve to the right having a radius of 225 feet, a distance of 74.76 feet to a point at the Northeast corner of Lot No. 8 on the abovementioned plan of Lots; thence by said Lot No. 8 South 0 degrees 38 minutes 40 seconds East 129.77 feet to a point; thence South 81 degrees 14 minutes East 131.63 feet to a point at the Southwest corner of said Lot No. 6; thence by said Lot No. 6 North 19 degrees 41 minutes West 173.07 feet to a point, the Place of BEGINNING. CONTAINING 14,623 square feet more or less and being numbered Lot No. 7 on the abovementioned Plan of Lots. TITLE TO SAID PREMISES IS VESTED IN Viktor Krapov and Vera Krapova, h/w, by Deed from Kay M. Grogan, single perosn, dated 06/20/2006, recorded 06/21/2006 in Book 275, Page 1240. PREMISES BEING: 1793 CESSNA STREET, CARLISLE, PA 17013 PARCEL NO. 29-17-1587-110 PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE SOVEREIGN BANK CUMBERLAND COUNTY No. 08-7377 CIVIL TERM VIKTOR I RAPOV VERA I RAPOVA ACCT. #193632 SERVE VERA KRAPOVA AT: Type of Action 1793 CWNA STREET - Notice of Sheriff's Sale CARi_..-•SM PA 17013 Sale Date: JUNE 10, 2009 SERVED Served and made known to y FQ a K" PO V Defendant, on the (T4 day of M41" ) 200, at V -20 , o'clock ?_.m., at 1-7q3 CE55Mq sT9&Cr. (3W 6L4- , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. V Adult family member with whom Defendant(s) reside(s). Name and Relationship is _bcuNts, S o N Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other Description: Age :)OS Height 5 CIA` Weight 140 Race W Sex M Other I, ma L t_ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice &Wff 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 subIs? bed e e this r 91 day of ,200 . No By: pov,4,41"/ E AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Notary Public; State of New Jersey NOT SERVED PATRICIA E. HARRIS CQ d"Ion Expires**068, 2013 , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 0 Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCIPAMG, Esquire - I.D. No. 62205 of 120Q.. One Penn Center at Suburban Station, Spite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 363-7000 a? ?oiy OF THE PRiC "'r 3AAY 2009 MAR 31 Ali 11 C C p. i ,I, 1 AM AFFIDAVIT OF SERVICE PLAINTIFF SOVEREIGN BANK DEFENDANT(S) VIKTOR KRAPOV VERA I RAPOVA SERVE VIKTOR KRAPOV AT: 1793 CESSNA STREET CARLISLE. PA 17013 SERVED No. 08-7377 CIVIL TERM ACCT, 6H? Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 10, 2009 Served and made known to V 1 kT 0 Q K RA 00 V Defendant, on the (g'?+ day of _M+AC H , 2001, , at o01'.240 o'clock .rn.,at I-M CESSNA ISTA nn "-T, `/ALISIa Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. `V Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ DFNNI S , Spy! Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendaut(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ;20S Height 5110'. Weight 16 D Race W Sex AA Other L f?rm4f b n to a competent adult, being du sworn according to law, ddepose and state that l personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed ore me this 9+- day of ! 200 , By: VftUL4 tAv R AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. State of New Jersey PATRICIA E. HARRIS NOT SERVED Commission Expires June 18, 2013 On the day of , 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1"t Attempt: Time: 3rd Attempt: / / __Time: Sworn to and subscribed before me this day of 200 Notary: a? PI DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 CUMBERLAND COUNTY Vacant 2nd Attempt / / Time: ?D 2 RLED-OFFICE OF THEE' PRCM-a"NOTAPY 2009 MAR 31 AN 11: 0 6 C?I.?Iv ? .;i}1 E 1' 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff Court of Common Pleas Civil Division V. VIKTOR KRAPOV VERA KRAPOVA Defendants CUMBERLAND County No. 08-7377 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES 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: Plaintiff commenced this foreclosure action by filing a Complaint on December 19, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered on February 11, 2009 in the amount of $155,617.43. 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 Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $146,691.38 Interest Through June 10, 2009 $9,271.41 Per Diem $26.82 Late Charges $542.65 Legal fees $1,300.00 Cost of Suit and Title $861.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $72.45 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $221.25 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,634.40 TOTAL $160,595.04 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on May 6, 2009 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: S^?' 200 7 Phelan Hallinan & Schmieg, LLP By: / Lawrence T. Phelan, Esquire -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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire ATTORNEY FOR PLAINTIFF 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County VIKTOR KRAPOV VERA KRAPOVA No. 08-7377 CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE VIKTOR KRAPOV and VERA KRAPOVA 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 1793 CESSNA STREET, CARLISLE, PA 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: -7^20 v7 Phelan Hallinan & Schmieg, LLP B y: Lawrence T. Phelan, Esquire -+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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, 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 193532 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 Plaintiff V. VIKTOR KRAPOV VERA KRAPOVA 1793 CESSNA STREET CARLISLE, PA 17013 Defendants e '? t a ®-r': ? a C C-5 ,-rr ;' s , - = C:: ) - C -c ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. o8 - '73?7 Civil erk CUMBERLAND COUNTY We hereby certify the within to be a true and correct copy of the original filed of record ATTORNEY FILE COPY 7 CIVIL ACTION - LAW PLEASE RETURN .COMPLAINT IN MORTGAGE FORECLOSURE File #: 193532 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 (717) 249-3166 File #: 193332 1. Plaintiff is SOVEREIGN BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: VIKTOR KRAPOV VERA KRAPOVA 1793 CESSNA STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/20/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1955, Page 3785. 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 08/01/2008 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 #: 193532 6. The following amounts are due on the mortgage: Principal Balance $146,691.38 Interest $4,590.00 07/01/2008 through 12/17/2008 (Per Diem $27.00) Attorney's Fees $1,300.00 Cumulative Late Charges $250.81 06/20/2006 to 12/17/2008 Property Inspections $20.70 Mortgage Insurance Premium / $73.75 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $153,676.64 Escrow Credit $0.00 Deficit $455.79 Subtotal 455.79 TOTAL $154,132.43 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File a: 193532 9. Notice of Intention to Foreclose as set forth in Act b 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $154,132.43, together with interest from 12/17/2008 at the rate of $27.00 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. & ?013 `f LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 193532 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a final subdivision plan of Heritage Court, dated July 9, 1976, and recorded in Cumberland County Plan Book 28, Page 71, as follows: BEGINNING at a point on the Southerly line of Cessna Street (50 feet wide) at the Northwest corner of Lot No. 6 on the abovementioned Plan of Lots; thence by the Southerly line of Cessna Street by a curve to the right having a radius of 225 feet, a distance of 74.76 feet to a point at the Northeast corner of Lot No. 8 on the abovementioned plan of Lots; thence by said Lot No. 8 South 0 degrees 38 minutes 40 seconds East 129.77 feet to a point; thence South 81 degrees 14 minutes East 131.63 feet to a point at the Southwest corner of said Lot No. 6; thence by said Lot No. 6 North 19 degrees 41 minutes West 173.07 feet to a point, the Place of BEGINNING. CONTAINING 14,623 square feet more or less and being numbered Lot No. 7 on the abovementioned Plan of Lots. - PARCEL NO. 29-17-1587-110 PROPERTY BEING: 1793 CESSNA STREET File #: 193532 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 unworn falsifications to authorities. Attorney for Plaintiff DATE: /a -17-9 Ric #: 193532 Exhibit "B" Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff SOVEREIGN BANK CUMBERLAND COUNTY n o VS. COURT OF COMMON P40S VIKTOR KRAPOV v? _: - ?z VERA KRAPOVA CIVIL DIVISION 1793 CESSNA STREET t -° CARLISLE, PA 17013 No. 08-7377 CIVIL TERMS N i J 9 -< lapy. ATTORNEY FILE `0 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO PLEASE RE 7B Url-" ANSWER AND ASSESSME NT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against VIKTOR KRAPOV and VERA KRAPOVA Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest -12/18/2008 to 02/10/2009 $154,132.43 1485.00 TOTAL $155,617.43 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. I, copy attached. Darnel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 193532 PRO PROTHY Exhibit "C" ?5? ry r 3 c? m o W (D W C N Q' CD ?? ox >v a= Wy eD o Y >z a b o A c CA CA a ? C mo IrD s F3 ? b z C voi > V C) z v ? w n c r cn C Y z?r ° o c y O ° o ° a O O. ° ? n N 2 - / ? o n o o < N O - d ?.y r R a o ^ o y o x. m ? ??ES POgp ? El 0. tO ( ? ? ` b ? ? y ? gTNEY BOWES i a ° $ 01 20° Q . 02 1M d 0004218010 MAY08 2009 f. c a La. MAILED FROM ZIP CODE 19 103 = 0. o' m g x n . 2 C7 ? E3 o p n 8'O OQi-l f?D K' 0 n o' E S b ?Z n r b 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. DATE: -7 o ° 5 By: Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esquire Rrancis 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. VIKTOR KRAPOV VERA KRAPOVA Defendants CUMBERLAND County No. 08-7377 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. VIKTOR KRAPOV VERA KRAPOVA 1793 CESSNA STREET CARLISLE, PA 17013 DATE: J- 7 2vC) Phelan Hallinan & Schmieg, LLP By: / Lawrence T. Phelan, Esquire _X-r-a1cis 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire ATTORNEY FOR PLAINTIFF FI E? , a THE I. '.? I t t 2 0 9 9 MP', 13 Ai I `.: 5 _i SOVEREIGN BANK : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION VS. NO. 08-7377 CIVIL TERM VIKTOR KRAPOV VERA KRAPOVA AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE I, F` S - 4.4' 1)'+""j Esq. attorney for SOVEREIGN BANK hereby verify as follows: As required by Pa. R.C.P. 3129.1(a), Notice of Sale has been given to all known Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.1(c) on each of the persons or parties named, at that address set forth on the Affidavit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto as Exhibit "A". DATE: - B 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 Attorneys for Plaintiff i ? ? ?O O z N ° o J O? lA A w N --• ? c. W ? N 0 0 e? G? Z c a ? W O C o? :31 a\ ° >Wz °b? az?o a E w 3 Q ? L't7 .-L C O ' n O ? 0 °-n o "^ y rc ? iOC CD ro I ? O3 Q lw m Ci7 I 0 toN y a C 7 00 ? 00 to ? z 0 N ttzJJ ?y Y ? o z °`ro a =1 -yo b o? ? ? 0- 4 CD tj CD y a o En t-j (D w x o - A w7o? o O Z b v (Z r ? b7 CD ? r CA ? a o .I m .?.. ? "'1 w ?y a ?ti Cl] C a a COD. C ? y x CD CD x w W 0 C o a aN ? a? x?y C W -j -3 CD m oo? O LA 00'. w? m' B n H O O < O CD CD c. o c w < W CD CD O g 4 0 ^ _ p? W Op k c °P?Ra o < ?NRy? r ? . C L 03 5' P P? , C , ., o Q PITNEY BOWES . 2: OQ. ?8° $ 02 $ 0 ry . 02 1M 000421 801 0 FEB 24 2009 . q MAILED FROM ZIP CODE 19 10 3 5 h o ro y W? y R ay. B o i - rv f° o vib P A Oar a ? "d r c ?Z ? o ? Aa? rte, r ? o O r E ?L.f_?'..J 20Ol9 Hai, i J All ?y;. r 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. VIKTOR KR.APOV VERA KRAPOVA Defendants CUMBERLAND County No. 08-7377 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 14, 2009 Rule noting a Rule Return date of June 4, 2009 was sent to the following individual on the date indicated below. VIKTOR KRAPOV VERA KRAPOVA 1793 CESSNA STREET CARLISLE, PA 17013 Phelan Hallinan & Schmieg, LLP DATE: U? ,Y By: M U IT"" " V11-', Lawrence T. Phelan, Esqu- ire- Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire vlvlichele 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire ATTORNEY FOR PLAINTIFF FUD-OffiCE O THE PROTONOTARY 2009 JUN -4 PM 1: 4 3 Ct1M GUNNY PENNSYLVANIA 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff V. VIKTOR KRAPOV VERA KRAPOVA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-7377 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE SOVEREIGN BANK, 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 May 13, 2009. A Rule was entered by the Court on or about May 14, 2009 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on June 2, 2009, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: 4ZI-1-110 Phelan Halli & Schmieg, LLP By: Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire /Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff V. VIKTOR KRAPOV VERA KRAPOVA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-7377 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on May 13, 2009. A Rule was entered by the Court on or about May 14, 2009 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on June 2, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. DATE: 02 O9 By: Phelan & Schmieg, LLP Lawrence T. Phelan, Es . Francis S. Hallinan, Esquire -5a'niel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire ATTORNEY FOR PLAINTIFF Exhibit "A" SOVEREIGN BANK, PLAINTIFF V. VIKTOR KRAPOV, VERA KRAPOVA, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7377 CIVIL ORDER OF COURT AND NOW, this 14'' day of May, 2009, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before June 4, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J Francis S. Hallinan, Esquire Attorney for Plaintiff Viktor Krapov Vera Krapov 1793 Cessna Street Carlisle, PA 17013 bas h> 'ad ?L'1??..,,` -am oftme Exhibit "B" ? rn m p 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff V. VIKTOR KRAPOV VERA KRAPOVA ATTORNE , NTIFF 4r Court of Common Pleas Civil Division CUMBERLAND County A No. 08-7377 CIVIL TERM Defendants r' CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 14, 2009 Rule noting a Rule Return date of June 4, 2009 was sent to the following individual on the date indicated below. VIKTOR KRAPOV VERA KRAPOVA 1793 CESSNA STREET CARLISLE, PA 17013 DATE: 619 y?f Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esquire Fri? s S. Hallinan, Esquire Dani . Schmieg, Esquire (-ils . radford, Esquire Judith , Esquire Sheetal R. Esquire Jenine R. Dav' SA' Xquire Lauren R. Tabas, Esuire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire ATTORNEY FOR PLAINTIFF "y"s 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. DATE: a" 0 By: Phelan Hallinanann & Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire /Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff V. VIKTOR KRAPOV VERA KRAPOVA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-7377 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. VIKTOR KRAPOV VERA KRAPOVA 1793 CESSNA STREET CARLISLE, PA 17013 DATE: -1 ?L -d 5 By: Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire --"Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire ATTORNEY FOR PLAINTIFF . ., ?? ???rr ;??:- V ;?r`'r,? 4?'t ? S JUN 1.7 2009 6? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK Plaintiff Civil Division Court of Common Pleas V. CUMBERLAND County VIKTOR KRAPOV VERA KRAPOVA No. 08-7377 CIVIL TERM Defendants ORDER AND NOW, this 18 day of 7%sim, , 2009, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $146,691.38 Interest Through June 10, 2009 $9,271.41 Per Diem $26.82 Late Charges $542.65 Legal fees $1,300.00 Cost of Suit and Title $861.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $72.45 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $221 25 Private Mortgage Insurance . Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from June 10, 2009 through the date of sale at six percent per annum. $0.00 ($0.00) $1,634.40 $160,595.04 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT N, J. 193532 FU - 20 9 JU y 22 1 i S: 01 VIP T'AtrM , vzt,,_ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which FANNIE MAE is the grantee the same having been sold to said grantee on the 5TH day of AUG A.D., 2009, under and by virtue of a writ Execution issued on the 25TH day of FEB, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 7377, at the suit of SOVEREIGN BANK against VIKTOR KRAPOV & VERA is duly recorded as Instrument Number 200928958. IN TESTIMONY WHEREOF, I have hereunto set my hand g__aL? and seal of said office this ?O _day of A.D. 02 6to ;ejorder of Deeds + WW County. COW, FA to FW Mw4ey of JM. 2010 f . 1% In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-73 77 Civil Term Sovereign Bank Vs Victor Krapov and Vera Krapova Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 6, 2009 at 0920 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Victor Krapov and Vera Krapova, by making known unto Vera Krapova, personally, at, 1793 Cessna St, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 0820 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 Victor Krapov and Vera Krapova, located at, 1793 Cessna Street, Carlisle, Cumberland County Pennsylvania, according to law. R, Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Victor Krapov and Vera Krapova, by regular mail to their last known address of 1793 Cessna Street, Carlisle, PA 17013. This letter was mailed under the date of April 2, 2009 and never returned to the Sheriffs Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on August 5, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of, Fannie Mae, of, P.O. Box 650043, Dallas, TX, 75265-0043, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 934.68 Docketing 30.00 Poundage 18.33 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 9.00 Levy 15.00 Surcharge 30.00 Post Pone Sale 20.00 Law Journal 355.00 Patriot News 276.92 Share of bills 15.43 Distribution of proceeds 25.00 riff s deed ?swers, gheriff Thomas Kline, 'Cal V'state , p1o q 49 ' 934 8 r ; co axill-l- JA*A- ?4- Cm. CIO 150 q.3 SOVEREIGN BANK Plaintiff, V. VIKTOR KRAPOV VERA KRAPOVA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-7377 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 SOVEREIGN BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,1793 CESSNA STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name VIKTOR KRAPOV VERA KRAPOVA Last Known Address (if address cannot be reasonably ascertained, please indicate) 1793 CESSNA STREET CARLISLE, PA 17013 1793 CESSNA STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SOVEREIGN BANK 1130 BERKSHIRE BOULEVARD WYOMISSING, PA 19610 5. Name and addres§ 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 1793 CESSNA STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsw fa ' icatio uthorities. February 23, 2009 DATE A G. SC IEG, ESQUIRE Attorney for Plaintiff SOVEREIGN BANK Plaintiff, V. VIKTOR KRAPOV VERA KRAPOVA Defendant(s). CUMBERLAND COUNTY No. 08-7377 CIVIL TERM February 23, 2009 TO: VIKTOR KRAPOV VERA KRAPOVA 1793 CESSNA STREET 1793 CESSNA STREET CARLISLE, PA 17013 CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 1793 CESSNA STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $155,617.43 obtained by SOVEREIGN BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a final subdivision plan of Heritage Court, dated July 9,1976, and recorded in Cumberland County Plan Book 28, Page 71, as follows: BEGINNING at a point on the Southerly line of Cessna Street (50 feet wide) at the Northwest corner of Lot No. 6 on the abovementioned Plan of Lots; thence by the Southerly line of Cessna Street by a curve to the right having a radius of 225 feet, a distance of 74.76 feet to a point at the Northeast corner of Lot No. 8 on the abovementioned plan of Lots; thence by said Lot No. 8 South 0 degrees 38 minutes 40 seconds East 129.77 feet to a point; thence South 81 degrees 14 minutes East 131.63 feet to a point at the Southwest corner of said Lot No. 6; thence by said Lot No. 6 North 19 degrees 41 minutes West 173.07 feet to a point, the Place of BEGINNING. CONTAINING 14,623 square feet more or less and being numbered Lot No. 7 on the abovementioned Plan of Lots. TITLE TO SAID PREMISES IS VESTED IN Viktor Krapov and Vera Krapova, h/w, by Deed from Kay M. Grogan, single perosn, dated 06/20/2006, recorded 06121/2006 in Book 275, Page 1240. PREMISES BEING: 1793 CESSNA STREET, CARLISLE, PA 17013 PARCEL NO. 29-17-1587-110 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-7377 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK Plaintiff (s) From VIKTOR KRAPOV VERA KRAPOVA (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 $155,617.43 L.L.$0.50 Interest FROM 2/11/2009-6/10/2009 (PER DIEM-$25.58) $3,069.60 Atty's Comm % Due Prothy $2.00 Atty Paid $ 167.50 Plaintiff Paid Date: FEBRUARY 25, 2009 (Seal) REQUESTING PARTY: Name DANIEL G SCHMIEG ESQUIRE Other Costs Lon o onot By: Deputy Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 TRUE COPY FROM RECORD n Te Ony whored, i here unto set my hand ind the seal of said Court at Catti6le. Pa. fm .sue ay I Dow? MOD My Real Estate Sale # 73 On February 27, 2009 the Sheriff levied upon the defendant's interest in the real property situated in North Middletown Township, Cumberland County, PA Known and numbered as 1793 Cessna Street. Carlisle, More fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 27, 2009 a ;D 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. SWOAf4 TO AND SUBSCRIBED before me this 15 day of Maw Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RWAl.1!/'fATZ &UA JF0. 73 Writ No. 2008-7377 Civil Sovereign Bank vs. Viktor Krapov and Vera Krapova Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accor- dance with a final subdivision plan of Heritage Court, dated July 9, 1976, and recorded in Cumberland County Plan Book 28, Page 71, as follows: BEGINNING at a point on the Southerly line of Cessna Street (50 feet wide) at the Northwest corner of Lot No. 6 on the abovementioned Plan of Lots; thence by the Southerly line of Cessna Street by a curve to the right having a radius of 225 feet, a distance of 74.76 feet to a point at the Northeast corner of Lot No. 8 on the abovementioned plan of Lots; thence by said Lot No. 8 South 0 degrees 38 minutes 40 seconds East 129.77 feet to a point; thence South 81 degrees 14 minutes East 131.63 feet to a point at the Southwest corner of said Lot No. 6; thence by said Lot No. 6 North 19 d Fees 41 minutes West 173.07 feet to a point, the Place of MG. CONTAINING 14,623 square feet mere or less and being numbered Lot No. 7 on the abovementioned Plan of Lots. TITLE TO SAID PREMISES IS VESTED IN Viktor Krapov and Vera Krapova, h/w, by Deed from Kay M. Grogan, single perosn, dated 06/20/ 2006, recorded 06/21/2006 in Book 275, Page 1240. PREMISES BEING: 1793 CESSNA STREET, CARLISLE, PA 17013. PARCEL NO. 29-17-1587-110. The Patriot-dews Co. 812 Market. St. Harrisburg,'PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Elie pNow you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 05/01/09 05/08/09 ------------ Sworn to scribed before me this 2,, y of May, 2009 A.D. Notary Publi COMMONWEALTH OF PENNSYLVANIA Notarial Seal St errie L Kisner, Notary Public My?Comliasim ?EViresNov. 26.2011 Member, Pennsylvania Association of Notaries Real Eeietla Sale No. 73 Writ No. 2dW 7377 CWHTerm Sovereign Bank VS Vlktor Krapov and Vera Krepove Attorney Danhd Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a final subdivision plan of Heritage Court, dated July 9, 1976, and recorded in Cumberland County Plan Book 28, Page 71, as follows: BEGINNING at a point on the Southerly fine of Cessna Street (50 feet wide) at the Northwest comer of Lot No. 6 on the abovementioned Plan of Lots; thence by the Southerly fine of Cessna Street by a curve to the right having a radius of 225 feet, a distance of 74.76 feet to a point at the Northeast corner of Lot No. 8 on the abovementioned plan of Lots; thence by said Lot No. 8 South 0 degrees 38 minutes 40 seconds East 129.77 feet to a point; thence South 81 degrees 14 minutes East 131.63 feet to a point at the Southwest comer of said Lot No. 6; thence by said Lot No. 6 North 19 degrees 41 minutes West 173.07 feet to a point, the Place of BEGINNING. CONTAINING 14,623 square feet more of less and being numbered Lot No. 7 on the abovementioned Plan of Lots. TITLE TO SAID PREMISES IS VESTED IN Viktor Krapov and Vera Krapova, h/w, by Deed from Kay M. Grogan, single person, dated 061 2012006, recorded 06/21/2006 in Book 275, Page 1240. PREMISES BEING: 1793 CESSNA STREET, CARLISLE, PA 17013 PARCELN0.29-17-1587-110