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HomeMy WebLinkAbout09-5500r/ 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 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 Xourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 212788 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVING, TX 75063 Plaintiff V. DONNA L. HOTHAM 2 NORTH LOCUST STREET UNIT B AKA 6 NORTH LOCUST STREET SHIREMANSTOWN, PA 17011-6376 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM el !'/ NO. *9 , SSV CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 212788 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 #: 212788 I . Plaintiff is METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: DONNA L. HOTHAM 2 NORTH LOCUST STREET UNIT B AKA 6 NORTH LOCUST STREET SHIREMANSTOWN, PA 17011-6376 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/25/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIRST HORIZON HOME LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1963, Page 4474. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 212788 5. 6. 7 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2009 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. The following amounts are due on the mortgage: Principal Balance $110,702.39 Interest $3,318.98 03/01/2009 through 08/04/2009 (Per Diem $21.14) Attorney's Fees $1,300.00 Cumulative Late Charges $149.64 08/25/2006 to 08/04/2009 Mortgage Insurance Premium / $30.00 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $116,251.01 Escrow Credit ($197.15) Deficit $0.00 Subtotal 197.15 TOTAL $116,053.86 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. File #: 212788 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. 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. File #: 212788 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $116,053.86, together with interest from 08/04/2009 at the rate of $21.14 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: PHELAN HALLINAN & SCHMIEG, LLP 9!?;_ wrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 212788 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land together with the improvements thereon erected situate in the Borough of Shiremanstown, Cumberland County, Pennsylvania more particularly bounded and described herein, to wit: BEGINNING at a point on the eastern right of way line of Locust Street 24.5 foot right of way said point being the Southwest corner of Lot No. 4 on the hereinafter mentioned plan of lots; thence by Lot No. 4 North 86 degrees 38 minutes 38 seconds East, a distance of 100.00 feet to a point at Lot No. 5 on the hereinafter mentioned plan of lots; thence by Lot No. 5 South 03 degrees 35 minutes 00 second East, a distance of 20.00 feet to a point at Lot No. 2 on the hereinafter mentioned plan of lots; thence by Lot No. 2 South 86 degrees 38 minutes 38 seconds West, a distance of 100.00 feet to a point at the eastern right of way line of Locust Street; thence by the eastern right of way line of Locust Street North 03 degrees 35 minutes 00 second West, a distance of 20.00 feet to a point at Lot No. 4 on the hereinafter mentioned Plan of Lot, the point and place of Beginning. BEING Lot No. 3 on the Land Development Plan for Russell C. Goodling recorded in Cumberland County Plan Book 65, Page 119, and containing 2,000.00 square feet or 0.45 acres. HAVING thereon erected a townhouse known and numbered as 2 North Locust Street, Unit B. UNDER AND SUBJECT to a certain Declaration of Easement, Right of Way and Maintnenace Responsibility recorded in Cumberland County. File #: 212788 BEING part of the same premises which Mary Ann Quigley, Executrix of the Estate of Russell A. Sheaffer by deed dated July 28, 1992 and recorded July 30, 1992 in the Recorder of Deeds Office in and for Cumberland County in Book U-35, Page 697 granted and conveyed unto Russell C. Goodling. PARCEL NO. 37-23-0555-352 PROPERTY BEING: 2 NORTH LOCUST STREET UNIT B AKA, 6 NORTH LOCUST STREET File #: 212788 VERIFICATION The undersigned attorney hereby states 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. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: ?. - ZZ" - C -2- wrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 El Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ,?DCourtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff File #: 212788 0: 2 11A lj? -70 Sheriffs Office of Cumberland County R Thomas Kline Sheri 4L 0',,,tr at rr?1440 gyp` .1 S F. 1 r l`f 4F9 ICE,F THE SnERIFF OF THc T ' 's ?') TMY Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor 2009 UG 28 N-1(2. 171 Lf i. r1? Metlife Home Loans A Division of Metlife Bank NA I vs. Donna L. Hotham Case Number 2009-5500 SHERIFF'S RETURN OF SERVICE 08/24/2009 05:33 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 24, 2009 at 1733 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Donna L. Hotham, by making known unto herself personally, at 6 North Locust Street Shiremanstown, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 August 25, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF By De/pu er if 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff VS. DONNA HOTHAM Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-5500 : CUMBERLAND COUNTY PHS #: 212788 PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Atto y faPlain) if f By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ?Trancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 9-1-09 PHS #: 212788 VERIFICATION Mike Fisher hereby states that he/she is Umiteri Vice President of METLIFE HOME LOANS, servicing agent for Plaintiff, METLIFE HOME LOANS, A DIVISION OF METLIFE BANK NA, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: Name: Mike Fisher Title: Limited Vice President Company: METLIFE HOME LOANS File #: 212788 Hotham 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff VS. : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-5500 : CUMBERLAND COUNTY DONNA HOTHAM Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: DONNA HOTHAM 2 NORTH LOCUST STREET UNIT B AKA, 6 NORTH LOCUST ST SHIREMANSTOWN, PA 17011-6376 Phelan Hallinan & Schmieg, LLP ey for Plaintif Attorn By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ?rancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 9-1-09 RLF- ";F THE I L1709 SEP `J Pri 12• u U' -1 ,i 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 ,.Ieourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA VS. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION DONNA L. HOTHAM : No. CIVIL-09-5500 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 DONNA L. HOTHAM, 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 $116,053.86 Interest - 08/05/2009 to 09/30/2009 $1,204.98 TOTAL $117,258.84 I hereby certify that (1) the Defendant's last known address is 6 NORTH LOCUST STREET, CAMP HILL, PA 17011, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Wince 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 Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 212788 PROTHONOTARY METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff v DONNA HOTHAM Defendant(s) TO: DONNA HOTHAM 6 NORTH LOCUST STREET CAMP HILL, PA 17011-6307 DATE OF NOTICE: September 15, 2009 NO. CIVIL-09-5500 CUMBERLAND COUNTY 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 APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 212788 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 By: T. Phelan. Esd.. Id. No. 32227 Fran6is S. H linan, q., Id. No. 62695 Daniel G. Sc g, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 212788 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Attorney for Plaintiff Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA VS. DONNA L. HOTHAM : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-09-5500 VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she 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 DONNA L. HOTHAM is over 18 years of age and resides at 6 NORTH LOCUST STREET, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. wrence 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 ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff FLEE}-OFFICE OF THE PROTHONOTARY ZOH OCT -I AM 11: 56 CU &,-'. LA-4D wOUN P PENNSYLVANtA *t4 °O Po Am Co 8sng1 3 e ,2,313~4 (Rule of Civil Procedure No. 236) - Revised METLIFE HOME LOANS A DIVISION : CUMBERLAND COUNTY OF METLIFE BANK NA VS. : COURT OF COMMON PLEAS DONNA L. HOTHAM CIVIL DIVISION 6 NORTH LOCUST STREET CAMP HILL, PA 17011 No. CIVIL-09-5500 Notice is given that a Judgment in the above captioned matter has been entered against you on Io i nip By. AI.A -A S14 OAKEN If you have any questions concerning this matter please conta . Ltvrence 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 Courtenay R. Dunn, Esquire Andrew C. Bramblett, 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 ANYINFORMATION 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 ANA TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFOR CEMENT OFA LIEN AGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff DONNA HOTHAM Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 10/01/2009 to Date of Sale ($19.28 per diem) TOTAL $<a4. oo PA ATr/ 41.5o CaF 78.50 a 14,00 " a. s0 j? 1(00.50 - PO ATr/ #a. 00 bue 00 .6o LL COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-5500 CUMBERLAND COUNTY $117,258.84 -2 $ 9,987.04' 2-1 t -ate ('J y ? rya r.::z f^^? ::?:"e $127,245.8& `1 CD r? - Att rn y or i HiLlit PheI n Hallinan & Schmieg, LLP ? wrence T. Phelan, Esq., Id. No. 32227 ? rancis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 212788 C# boo sw 0.14810-5.2 RE tk l&-J 4 O? a? Oa ?H Oz Uti FT, O O FA Oz V? OT, U z w w a F w w z 0 x H ?y Q LE W A 0 H w W ? O 0 L rp a?a W a? a? h .O (? O n o. V) Ua Oa qw) 3 ¢? -? 0Z¢ ¢ Azov a 00 en N N? cr n n M 7 ,M.,. G1 N O?p? CN O oMpoeCO? z o N ?zZZZ oZo?ooM, o??oZ C; c oZ ab ?Zb o o C z °zZ.6 W ? W o~ W Z ?" Q c o? cr ww? W,? N,?? ?uawww to g" ?w° c www ..wae 03 `d ?, cv a• ? ? t? ? ? i mawtiv tia?•?a¢V °U¢? Aq oaaaooooaaaa? Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. DONNA HOTHAM Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-5500 : CUMBERLAND COUNTY F. ] C:) The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the ovaptigned matter and that the premises are not subject to the provisions of Act 91 because: ; ' rti ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied rc _ ( ) the premises is vacant (7) ? c ` - - (X) Act 91 procedures have been fulfilled C3 c' This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relat ing to unsworn falsfifkation to authorities. By: U/ / Atto y f RPlaintff-l Phelan Hallinan & Schmieg, LLP ? La ence T. Phelan, Esq., Id. No. 32227 ? Fr cis S. Hallinan, Esq., Id. No. 62695 ? aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 MET4AFE HOME LOANS A DIVISION OF METLIFE .BANK NA Plaintiff V. DONNA HOTHAM Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-5500 CUMBERLAND COUNTY PHS # 212788 AFFIDAVIT PURSUANT TO RULE 3129.1 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 2 NORTH LOCUST STREET UNIT B AKA, 6 NORTH LOCUST ST, SHIREMANSTOWN, PA 17011-6376. Name and address of Owner(s) or reputed Owner(s): Name DONNA HOTHAM 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably °7 ?...y ascertained, please so indicate) r C-1) -, , 6 NORTH LOCUST STREET F CAMP HILL, PA 17011-6307 r-~ raj Address (if address cannot be reasonably ascertained, please so indicate) a c:; s:y w? 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) BOROUGH OF SHIREMANSTOWN 1 Park Lane Shiremanstown, PA 17011 7. % Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM WILLIAM HOTHAM WILLIAM HOTHAM C/O MARYLOU MATES, ESQUIRE 2 NORTH LOCUST STREET UNIT B AKA 6 NORTH LOCUST ST SHIREMANSTOWN, PA 17011-6376 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 112 COVENTRY DRIVE CARLISLE, PA 17015 26 W. HIGH STREET CAMP HILL, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Wyyfor Septemb er 20, 2010 By: I i ) 'k Att inti Phela Hallinan & Schmieg, LLP ? L rence T. Phelan, Esq., Id. No. 32227 ? ancis S. Hallinan, Esq., Id. No. 62695 "Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 METLIFE HOME LOANS A DIVISION OF METLIFE BANK COURT OF COMMON PLEAS NA CIVIL DIVISION Plaintiff VS. DONNA HOTHAM : NO. CIVIL-09-5500 : CUMBERLAND COUNTY Defendant(s) C) -,3 71 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY r?"zr n -q TO: DONNA HOTHAM 1m.C? 2 NORTH LOCUST STREET UNIT B AKA, 6 .., NORTH LOCUST ST' - ?' SHIREMANSTOWN, PA 17011-6376 T r?+{n "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAIND WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 2 NORTH LOCUST STREET UNIT B AKA, 6 NORTH LOCUST ST, SHIREMANSTOWN, PA 17011-6376 is scheduled to be sold at the Sheriff's Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $117,258.84 obtained by METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 A LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land together with the improvements thereon erected situate in the Borough of Shiremanstown, Cumberland County, Pennsylvania more particularly bounded and described herein, to wit: BEGINNING at a point on the eastern right of way line of Locust Street 24.5 foot right of way said point being the Southwest corner of Lot No. 4 on the hereinafter mentioned plan of lots; thence by Lot No. 4 North 86 degrees 38 minutes 38 seconds East, a distance of 100.00 feet to a point at Lot No. 5 on the hereinafter mentioned plan of lots; thence by Lot No. 5 South 03 degrees 35 minutes 00 second East, a distance of 20.00 feet to a point at Lot No. 2 on the hereinafter mentioned plan of lots; thence by Lot No. 2 South 86 degrees 38 minutes 38 seconds West, a distance of 100.00 feet to a point at the eastern right of way line of Locust Street; thence by the eastern right of way line of Locust Street North 03 degrees 35 minutes 00 second West, a distance of 20.00 feet to a point at Lot No. 4 on the hereinafter mentioned Plan of Lot, the point and place of Beginning. BEING Lot No. 3 on the Land Development Plan for Russell C. Goodling recorded in Cumberland County Plan Book 65, Page 119, and containing 2,000.00 square feet or 0.45 acres. UNDER AND SUBJECT to a certain Declaration of Easement, Right of Way and Maintnenace Responsibility recorded in Cumberland County. TITLE TO SAID PREMISES IS VESTED IN Donna L. Hotham, by Deed from Russell C. Goodling and Janet D. Goodling, h/w, dated 08/22/2006, recorded 08/29/2006 in Book 276, Page 1795. PREMISES BEING: 2 NORTH LOCUST STREET UNIT B AKA, 6 NORTH LOCUST ST, SHIREMANSTOWN, PA 17011-6376 PARCEL NO. 37230555352 4 # METLIFE HOME LOANS A DIVISION OF METLIFE BANK COURT OF COMMON PLEAS NA CIVIL DIVISION Plaintiff : VS. : NO. CIVIL-09-5500 : CUMBERLAND COUNTY DONNA HOTHAM Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONNA HOTHAM 2 NORTH LOCUST STREET UNIT B AKA, 6 NORTH LOCUST ST SHIREMANSTOWN, PA 17011-6376 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 2 NORTH LOCUST STREET UNIT B AKA, 6 NORTH LOCUST ST, SHIREMANSTOWN, PA 17011-6376 is scheduled to be sold at the Sheriff's Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $117,258.84 obtained by METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in CD compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS ; ' r= 1 -9 YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale' you must take immediate action: =' cin ern 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges cos&anX,-' reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) .+r' If YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 I 190 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land together with the improvements thereon erected situate in the Borough of Shiremanstown, Cumberland County, Pennsylvania more particularly bounded and described herein, to wit: BEGINNING at a point on the eastern right of way line of Locust Street 24.5 foot right of way said point being the Southwest corner of Lot No. 4 on the hereinafter mentioned plan of lots; thence by Lot No. 4 North 86 degrees 38 minutes 38 seconds East, a distance of 100.00 feet to a point at Lot No. 5 on the hereinafter mentioned plan of lots; thence by Lot No. 5 South 03 degrees 35 minutes 00 second East, a distance of 20.00 feet to a point at Lot No. 2 on the hereinafter mentioned plan of lots; thence by Lot No. 2 South 86 degrees 38 minutes 38 seconds West, a distance of 100.00 feet to a point at the eastern right of way line of Locust Street; thence by the eastern right of way line of Locust Street North 03 degrees 35 minutes 00 second West, a distance of 20.00 feet to a point at Lot No. 4 on the hereinafter mentioned Plan of Lot, the point and place of Beginning. BEING Lot No. 3 on the Land Development Plan for Russell C. Goodling recorded in Cumberland County Plan Book 65, Page 119, and containing 2,000.00 square feet or 0.45 acres. UNDER AND SUBJECT to a certain Declaration of Easement, Right of Way and Maintnenace Responsibility recorded in Cumberland County. TITLE TO SAID PREMISES IS VESTED IN Donna L. Hotham, by Deed from Russell C. Goodling and Janet D. Goodling, h/w, dated 08/22/2006, recorded 08/29/2006 in Book 276, Page 1795. PREMISES BEING: 2 NORTH LOCUST STREET UNIT B AKA, 6 NORTH LOCUST ST, SHIREMANSTOWN, PA 17011-6376 PARCEL NO. 37230555352 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-5500 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METLIFE HOME LOANS, a Division of METLIFE BANK, N.A., Plaintiff (s) From DONNA HOTHAM (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 $117,258.84 L.L.$.50 Interest from 10/01/09 to Date of Sale ($19.28 per diem) -- $9,987.04 Atty's Comm % Due Prothy $2.00 Atty Paid $160.50 Other Costs Plaintiff Paid Date: 9/22/10 avid D. B ell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: MICHELE M. BRADFORD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 69849 _~ AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA PHS # 212788 DEFENDANT SERVICE TEAM/ kxc DONNA HOTHAM COURT NO.: CIVIL-09-5500 SERVE DONNA HOTHAM AT: TYPE OF ACTION ~°: r,~ ' Y'"' 6 NORTH LOCUST STREET XX Notice of Sheriff s Sale `~~ CAMP HILL, PA 17011-6307 SALE DATE: 03/02/2011 ""a:~ -°'° i 7 ~ --~ ~a t~ ' °~<-- ;~-; " ~ ~ 3`~1 SERVED ~:~ i ~,~, Served and made known to DONNA HOTHAM , Defendant on the ~'~lay of ~ CTy'D~, 20 ~ ..__ ~ ~ 3 :13, o clock ~. M., at 6 k. LoGI'S7 ST, P I~-lu,t PA, in the manner described below: ry t--~ ~s ~ ~ Defendant personally served. ~' ~~~ ~' '- s ` _ Adu]t family member with whom Defendant(s) reside(s). ~`~ w.~ ~~; _ Relationship is `~~ r.,.~ _ Adult in charge of Defendant's residence who refused to give name or relationship. """ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _ Other: Description: Age 4a Y Height S ' S " Weight ~ `D Race W Sex F Other I, ~D 7WA-e-A ~10 ~, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day ~ ~~ _____.._,_ of , 20_. I/~"'~C K.11~98ERLY CURTY C NOTARY PUBLIC Nota STATE Or"NEW JERSEY - NOT SERVED MY COMMISSION EXAIRE5 MARCH 7, 2013 On the of , 20 , at o'clock _. M., Defendant NOT FOUN ant Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at , Service Refused ~~ Other: Sworn to and subscribed before me this day of ~~ By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq„ Id. No. 32227 F~ancts S. HalBnan, Fsq., ]d. No. 62695 Daniel G. Schmieg, Esq., ld. No. 62205 Michele M. Bredlord, Esq., Id. No. 69849 Judith T. Romano, Esq., ld. No. 58745 Sheetal R Shah-Jana, Fsq., Id. No. 81760 Jrnh,e R Davey, Esq., ld. No. 87077 Lauren R Tabas, Esq., ld. No. 93337 Vivek Srivastava, Esq» k1. No. 202131 Jay B. Jones, Esq., Id Na 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L Spivack. Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chnsovalante P. FBakas, Esq., Id. No. 94620 Joshua 1. GoNmaM Esq., Id. No. 205047 Courtenay R Dunn, Esq., ItL No. 206779 Andrew G Brambhxl, Esau Id. No. 208375 One Penn Cerrter at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 1910}1814 (215)563-7000 t -OFFICE c L-rC 16 CUMBERLANO, PENNSYL ' l Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County DONNA HOTHAM No.: CIVIL-09-5500 Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES 212788 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 August 6, 2009. 2. Judgment was entered on October 1, 2009 in the amount of $117,258.84. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 2, 2011. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through March 2, 2011 Per Diem $20.85 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $110,702.39 $15,207.48 $149.64 $1,300.00 $636.50 $0.00 $0.00 $95.00 $1,258.68 $0.00 ($197.15) $3,300.19 $132,452.73 212788 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in 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 December 8, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 212788 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 EJV?urtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 212788 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County DONNA HOTHAM No.: CIVIL-09-5500 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 212788 I. BACKGROUND OF CASE DONNA HOTHAM 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 2 NORTH LOCUST STREET UNIT B AKA, 6 NORTH LOCUST ST, SHIREMANSTOWN, PA 17011-6376. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. 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 212788 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 Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal 212788 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff' has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be 212788 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 212788 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. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriff s sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 212788 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 212788 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: ET'Eawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff 212788 % / 1. < Exhibit "A" 212788 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA VS. DONNA L. HOTHAM Attorney for Plaintiff n L0 C CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. CIVIL-09-5500 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: N C= O %G 0 C7 n? t 0. rn crf a? Kindly enter judgment in favor of the Plaintiff and against DONNA L. HOTHAM, 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 $116,053.86 Interest - 08/05/2009 to 09/30/2009 12.04.98 TOTAL $117,258.84 I hereby certify that (1) the Defendant's last known address is 6 NORTH LOCUST STREET, CAMP HILL, PA 17011, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 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 Jenne 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 Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 0 09 Pxs # 212788 PROTHONOTARY T Exhibit "B" 212788 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP December 8, 2010 DONNA HOTHAM 2 NORTH LOCUST STREET UNIT B AKA 6 NORTH LOCUST ST SHIREMANSTOWN, PA 17011-6376 Representing Lenders in Pennsylvania and New Jersey RE: METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA v. DONNA HOTHAM Premises Address: 2 NORTH LOCUST STREET UNIT B AKA6 NORTH LOCUST ST SHIREMANSTOWN, PA 17011 CUMBERLAND County CCP, No. CIVIL-09-5500 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 13, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, 14- wrence 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 212788 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 Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire Enclosure 212788 ?J. 0 0 v a? W 0 x? U -i8 °.0 Z M 0 ~ L+ ?r r U z?a gab a0a 'b L L' ??pria ze0 0.O >. o C U - O y C O C 'G U O v? E vi p ? ? U N E c v ?' K R E V A ?7y N E ? ev 21 H o ti 0 L 6 l 3000 dlZ UUONJ 0311VV4 E z a° ? .o iOZ 90030 9SZLLZb000 :?? v o C u o o 0 ?z9lzo $ w? Z o v c A 3 S3MOH A1Nlld iryq? C ?p C n' y v m E t° x E U [? 'K A v .a E w° Vl 'o F ° m ? 0 o v .. o 'v b' ? v w 0 r O ? b u A O ° o T C Mo. 0 ?." rr v en °o E .= ? E w c o c w 0 0 z Q N _cn Q? I? N ? 'a E r? ? L] v C o v V V1 I ' Q 4u., u O O U Q ? a> H F W W ? F H o ++ v? r/a a ? ? z C? Z F'.1 E ? x? x a of ? a a o o a p x ?o o V ? CI? ? U U ?? ? O ? O ? ? zW z E za z z U y z o? A F cG N el eq N N 3w C„i o ? O d . C ? z a N M V v1 ?D l? 00 (71 O N M Ul v o F- a 00 00 r- N N VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: (`2-((fgrc9 By: L_J 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 ourtenay R. Dunn, Esq., Id. No. 206779 'El Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 212788 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. DONNA HOTHAM Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-09-5500 CERTIFICATION OF SERVICE 212788 I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in. Support thereof, were sent to the following individual on the date indicated below. DONNA HOTHAM 2 NORTH LOCUST STREET UNIT B AKA 6 NORTH LOCUST ST SHIREMANSTOWN, PA 17011-6376 DONNA HOTHAM 6 NORTH LOCUST STREET CAMP HILL, PA 17011-6307 Phelan Hallinan & Schmieg, LLP DATE: By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 212788 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, NA PLAINTIFF V. DONNA HOTHAM DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5500 CIVIL ORDER OF COURT AND NOW, this 21St day of December, 2010, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before January 10, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files 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. Courtenay R. Dunn, Esquire Attorney for Plaintiff ,----D'onna Hotham Defendant bas I 'ER r'Yld l l2 ?, X110 M. L. Ebert, Jr., J. G C-11 w7? r :?Do ?> v C- :r C z ) °M By the Court, FILED-OFFICE OF THE PROTHONOTARY 2010 DEC 29 AM 10: 12 CU PENNMBERLANSYLDVAN COUNTY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. DONNA HOTHAM Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-09-5500 CERTIFICATION OF SERVICE 212788 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 10, 2011 was sent to the following individual on the date indicated below. DONNA HOTHAM DONNA HOTHAM 2 NORTH LOCUST STREET UNIT B AKA 6 NORTH LOCUST STREET 6 NORTH LOCUST ST CAMP HILL, PA 17011-6307 SHIREMANSTOWN, PA 17011-6376 DATE: a g D By: a ence 'I'. Phelan, EsY, Id. No. 32227 cis S. Hallinan, Esq., Id. No. 62695 ? ENniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 212788 Phelan Hallinan & Schmieg, LLP TILED'-OFFICE OF THE PROTHONOTARY 3 °?I 26 CUMBEPI AND ???}1NTY PEIR?!SYL`1i?A Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. DONNA HOTHAM Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-09-5500 MOTION TO MAKE RULE ABSOLUTE 212788 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on December 16, 2010. 3. 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 December 8, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiff s letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit "A". 4. A Rule was issued by the Honorable M.L. Ebert, Jr. on or about December 21, 2010 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "B". 5. The Rule to Show Cause was timely served upon all parties on December 28, 2010, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "C". 6. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 10, 2011. 212788 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP MAJ1741 M1 hAl DATE: gy. La ence T. Phelan, Esq., Id. No. 227 ? I F ancis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 212788 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. DONNA HOTHAM Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-09-5500 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 212788 A Motion to Reassess Damages was filed with the Court on December 16, 2010. A Rule was entered by the Court on or about December 21, 2010 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on December 28, 2010 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 10, 2011. 212788 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: By; A.."A A wrence T. P elan, Esq., Id. No. 32227 ? F ands S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 212788 Exhibit "A" 212788 g a? .a W ,o x? U v ? ? o0 z Quo a ?a ?U. z w po L C h d µ? 'L7 c za0 a r y? .« $ pp u,S w ? Q G4 E 'ro 1 ?Q???c#11 L JL 2{? C7? ii t'? ? ?? v ° e $ u s .`[36 ? `f K ZS'ZO s ? ¢ TS gg^^ a sa+'FATd ? ¢NSY.i rii? y* es $ I WA ? ? ? d GGG ? r1r 8?0 Y. A6bH ?4£Y • W .12 WE u gyp. ri .? g L..? m? 2 ? Sc? o?.N `- Z d g??N ?7 W rl ? a ? oFU? gg M y Lo ?4m a "O M-d d ? F H '> 0 L F ? ? aw vi ? o x , w x? x ? W o" v z z ,? Z Ca ? Sa ° a 0 z eq e4 e ? to 4-. Y z L LI ? • W 00 r - N N 1. PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP December 8, 2010 DONNA HOTHAM 2 NORTH LOCUST STREET UNIT B AKA 6 NORTH LOCUST ST SHIREMANSTOWN, PA 17011-6376 Representing Lenders in Pennsylvania and New Jersey RE METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA v. DONNA HOTHAM Premises Address: 2 NORTH LOCUST STREET UNIT B AKA6 NORTH LOCUST ST SHIREMANSTOWN, PA 17011 CUMBERLAND County CCP, No. CIVIL-09-5500 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 13, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours,,. rence 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 Courtenay R. Dunn, Esquires Andrew C. Bramblett, Esquire Allison F. Wells, Esquire Enclosure Exhibit "B" 212788 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, NA PLAINTIFF V. DONNA HOTHAM DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5500 CIVIL ORDER OE COURT AND NOW, this 21 st day of December, 2010, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before January 10, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Ruh 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. Courtenay R. Dunn, Esquire Attorney for Plaintiff Donna Hotham Defendant bas f' Exhibit "C" 212788 FILED-OFFICE OF THE PROTHONOTARY 2010 DEC 29 p-11 10: 12 CUMBERLAND COUNTY 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. 8443 c \ Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. DONNA HOTHAM Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil DivisiQ CUMB1tD County Na : i?Sl." -09-5500 CERTIFICATION OF SERVICE 212788 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 10, 2011 was sent to the following individual on the date indicated below. DONNA HOTHAM 2 NORTH LOCUST STREET T B AKA 6 NORTH LOCUST ST SHIREMANSTOWN, PA" 11-6376 . DATE: a\ SA D DONNA HOTHAM 6 NORTH LOCUST STREET CAMP HILL, PA 17011-6307 Phelan Hallinan & Schmieg, LLP By: ? nce T. Phelan, Es9, Id. No. 32227 ? rzeel is S. Hallinan, Esq., Id. No. 62695 ? 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 ? V' ek Srivastava, Esq., Id. No. 202331 ? y B. Jones, Esq., Id. No. 86657 eter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 -' ? Jaime McGuinness, Esq., Id. No. 90134 r ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 f ; ? Joshua I. Goldman, Esq., Id. No. 205047 r' , ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF . 414 1 1 r`. 212788 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: Phelan Hallinan & Schmieg, LLP By: ? ence T. Phelan, Esq., 2227 ? Fran-cis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 212788 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. DONNA HOTHAM Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-09-5500 CERTIFICATION OF SERVICE 212788 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 individual on the date indicated below. DONNA HOTHAM DONNA HOTHAM 2 NORTH LOCUST STREET UNIT B AKA 6 NORTH LOCUST STREET 6 NORTH LOCUST ST CAMP HILL, PA 17011-6307 SHIREMANSTOWN, PA 17011-6376 PhelanHallinan & Schmieg, LLP DATE: By: . 22LJIawrenee T. Plidlan, Esq., I 27 ? F cis S. Hallinan, Esq., Id. No. 6 5 aniel G. Schmieg, Esq., Id. No. 622 5 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 212788 FILED-OFFICE OF THE PROTHONOTARY a 2011 JAN 24 AM 9: 4 7 w CUMBERLAND COUNTY PENNSYLVANIA h-DI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA METLIFE HOME LOANS A DIVISION OF Court of Common Pleas METLIFE BANK NA : Plaintiff Civil Division V. DONNA HOTHAM Defendant CUMBERLAND County No.: CIVIL-09-5500 ORDER AND NOW, this '11? day of A? • , 2011, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $110,702.39 Interest Through March 2, 2011 $15,207.48 Per Diem $20.85 Late Charges $149.64 Legal fees $1,300.00 Cost of Suit and Title $636.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $95.00 Mortgage Insurance Premium / $1,258.68 Private Mortgage Insurance 21-1 212788 Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($197.15) $3,300.19 $132,452.73 Plus interest from March 2, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT TX A q \., ? ? 212788 ?i?helan , Nall nar Donna, H ofhGtm t &,boig, LLP Ibep ' ? ? COP o? 212788 -f , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff, V. DONNA HOTHAM Defendant(s) . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: CIVH,-09-5500 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner requirPa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, s foi0he Affidavit and as amended if applicable. A copy of the Certificate of Mailing or 381 and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is a achha pto hibi " .?? Date: i -3,1 l1 Lance T. Phelan, Esq., Id. No. 3222-T'- 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 ? Je ine R. Davey, Esq., Id. No. 87077 [ aauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 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. C._- ,.._: - PHS # 212788 4I METLIFE HOME LOANS A DIVISION OF METLIFE "BANK NA Plaintiff V. DONNA HOTHAM Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-5500 CUMBERLAND COUNTY PHS # 212788 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 2 NORTH LOCUST STREET UNIT B AKA, 6 NORTH LOCUST ST, SHIREMANSTOWN, PA 17011-6376. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DONNA HOTHAM 6 NORTH LOCUST STREET CAMP HILL, PA 17011-6307 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) CLAREMONT NURSING & 1000 CLAREMONT RD REHABILITATION CENTER CARLISLE, PA 17013 CLAREMONT NURSING & LATSHA DAVIS YORE & MCKENNA REHABILITATION CENTER, C/O DANIEL R. 1700 BENT CREEK BLVD STE 140 JAMESON, ESQ. MECHANICSBURG, PA 17050 PORTFOLIO RECOVERY ASSOCIATES 140 CORPORATE BLVD NORFOLK, VA 23502 PORTFOLIO RECOVERY ASSOCIATES APOTHAKER & ASSOCIATES PC C/O DAVID J. APOTHAKER, ESQ. 520 FELLOWSHIP RD # 0306 MT LAUREL, NJ 08054 4. Name and address of last recorded holder of every m ortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMKILN ROAD NEW CUMBERLAND, PA 17070 LOWER ALLEN TOWNSHIP AUTHORITY, SUITE 101 C/O STEVEN P. MINER, ESQ. 1035 MUMMA ROAD WORMLEYSBURG, PA 17043 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) BOROUGH OF SHIREMANSTOWN 1 Park Lane Shiremanstown, PA 17011 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM WILLIAM HOTHAM WILLIAM HOTHAM C/O MARYLOU MATES, ESQUIRE 2 NORTH LOCUST STREET UNIT B AKA 6 NORTH LOCUST ST SHIREMANSTOWN, PA 17011-6376 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 112 COVENTRY DRIVE CARLISLE, PA 17015 26 W. HIGH STREET CAMP HILL, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my personal 'knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to-authorities. By: ? A o ey for Plaintiff helan 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 R. Shah-Jani, Esq., Id. No. 81760 P,,.Ir'enine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ly - ? £ o L e L 3ao? d?z woaa a?ibw ? g OLOZ £Zd::S 9SZLLZb000 n w OOZ'00 $ wL zo r$. -- =Mm - A-W F ? erg ? ? _? a w ? ? e ? Q F4 O A ?o o ? ao° a Ho a .?? ?? ZeO0 ? ? ? O W= W c F o as ?? ?N?? wC F??..?Ov D+ ,r, h FF.r ?`?. bo. .":fie ? F? ° oh?w3 ! ? ?^' a,o e8 •" ?aOpq? a??,,.., eve a?: ._? c `?a''? ?9 Qom-- ova a°>ee w 3vwa ??j G7? ? G7p ep ?ac? O ?? a.? a6? v? r?zp? a v? p x g ? o '??^ a 6 M?...B 0 V523 ao 8z° ???.?a?re v3 ?Se?A o3 eo s F-T/ * /* z Q 0 l M n 00 C% o 4) ---Tv -- r., 4 h V LON '811 aa ? ? 9?y s?? I £ 0 L 6 L 3000 &Z W08:1 U311M w LLOZ SZ NVr QSZLLZI7000 r OZ910 $ Wl Z0 ?Mw ® c _ lsoasd'? W O ti U '9 a W W W ?z z o logo O U Qa rid O O F aoW R o O Oda ao Qa ?Vw d od v? v?wv? 2p ? ?C7 G7 °?RQw ?n a ad ?WA a '04 R v? u .? ai E" o r?C O p; pa; Q Fd ti ?,a.gz^"QWWDO Q O??WOc?W a ?a Wa IrAog>oz cat -A con wj o $ doWONWO?oOO°?OO? NE' a`O00.z ?UU.a.. .a..Zav?.-,3a.,zaU?v? N ,O # Y * ?: U R{ y 'b N u o 0 0 eg W o u .10 u 9t Fx q ? •? c u v4xg u qq? ° igi °o$ o$ w m u o '? 0 q 7 O H R A p aO O 0 N U a00o??°e N a SM _ a y '?s u 60 a M d w H ?x 0 afi 2 a H z' A ?V u o i£ F N 00 N ;et SHERIFF'S OFFICE OF CUMBERLAND: COUNTY Ronny R Anderson Sheriff ???ttitp ?i 4?uPibrfi?y?rtJ? h OFF, KILW-OFFICE , OF THE PROTHONOTARY 2011 MAR 24 AM 11 : 30 CUMBERLAND COU14" PENNSYLVANIA Jody S Smith Chief Deputy Richard W Stewart Solicitor Metlife Home Loans A Division of Metlife Bank NA vs. Case Number Donna L. Hotham 2009-5500 SHERIFF'S RETURN OF SERVICE 12/30/2010 03:20 PM - Deputy Robert Bitner, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 2 North Locust Street, Unit B, a/k/a 6 North Locust Street, Shiremanstown, PA, Cumberland County. 12/30/2010 03:20 PM - Deputy Robert Bitner, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Donna L. Hotham at 2 North Locust Street, Unit B, a/k/a 6 N. Locust, a/k/a 6 N. Locust St., Shiremanstown Borough, Shiremanstown, PA 17011, Cumberland County. 03/02/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, PA, on March 2, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Attorney Daniel Schmieg, on behalf of Federal National Mortgage Association, P.O. Box 650043, Dallas, TX, 75265, being the buyer in this execution, paid to the Sheriff the sum of $ 03/24/2011 Deed Recorded on 3/24/11 SHERIFF COST: $766.04 March 24, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF .?00'Pd, Co. ,t-* 'aS7 mss/ ,?? Ccu, i`.ySuite S`e:nfl.. 1 <:eeso`t. In;;. 4 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. DONNA HOTHAM Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-5500 CUMBERLAND COUNTY PHS # 212788 AFFIDAVIT PURSUANT TO RULE 3129.1 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 2 NORTH LOCUST STREET UNIT B AKA, 6 NORTH LOCUST ST, SHIREMANSTOWN, PA 17011-6376. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DONNA HOTHAM 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 6 NORTH LOCUST STREET CAMP HILL, PA 17011-6307 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) BOROUGH OF SHIREMANSTOWN 1 Park Lane Shiremanstown, PA 17011 T. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM WILLIAM HOTHAM WILLIAM HOTHAM C/O MARYLOU MATES, ESQUIRE Address (if address cannot be reasonably ascertained, please indicate) 2 NORTH LOCUST STREET UNIT B AKA 6 NORTH LOCUST ST SHIREMANSTOWN, PA 17011-6376 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 112 COVENTRY DRIVE CARLISLE, PA 17015 26 W. HIGH STREET CAMP HILL, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. September 20, 2010 By Wvy'forPraintif Att Phela Hallinan & Schmieg, LLP ? L rence T. Phelan, Esq., Id. No. 32227 ancis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 METLIFE HOME LOANS A DIVISION OF METLIFE BANK COURT OF COMMON PLEAS NA CIVIL DIVISION Plaintiff NO. CIVIL-09-5500 VS. CUMBERLAND COUNTY DONNA HOTHAM Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONNA HOTHAM 2 NORTH LOCUST STREET UNIT B AKA, 6 NORTH LOCUST ST SHIREMANSTOWN, PA 17011-6376 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 2 NORTH LOCUST STREET UNIT B AKA, 6 NORTH LOCUST ST, SHIREMANSTOWN, PA 17011-6376 is scheduled to be sold at the Sheriff s Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $117,258.84 obtained by METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-5500 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METLIFE HOME LOANS, a Division of METLIFE BANK, N.A., Plaintiff (s) From DONNA HOTHAM (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 $117,258.84 L.L.$.50 Interest from 10/01/09 to Date of Sale ($19.28 per diem) -- $9,987.04 Atty's Comm % Due Prothy $2.00 Atty Paid $160.50 Other Costs Plaintiff Paid Date: 9/22/10 Cd) vid D. ByPothonotary (Seal) By: Deputy REQUESTING PARTY: Name: MICHELE M. BRADFORD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 69849 On November 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Shiremanstown Borough, Cumberland County, PA, Known and numbered as 2 North Locust Street, Unit B a/k/a 6 North Locust Street, Shiremanstown more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 22, 2010 By: Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 28, February 4, and February 11, 2011 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. I Lisa Man oq?or SWORN TO AND SUBSCRIBED before me this 11 day of February, 2011 C2'?Notarryy WTARW SEAL 0160RAH A COWNS Notary Public OARLIILI BOROUGH. CUMBERLAND COUNTY M Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2009-5500 Civil Metlife Home Loans A Division of Metlife Bank NA vs. Donna L. Hotham Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. CIVIL-09-5500, METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA vs. DONNA HOTHAM, owner(s) of property situate in the BOROUGH OF SHIREMANSTOWN, Cumberland County, Pennsylvania, being 2 NORTH LOCUST STREET UNIT B AKA, 6 NORTH LOCUST ST, SHIREMANSTOWN, PA 17011-6376. Parcel No. 37230555352. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $117,258- 29 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mtg Assoc is the grantee the same having been sold to said grantee on the 2nd day of March A.D., 2011, under and by virtue of a writ Execution issued on the 22nd day of September, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 5500, at the suit of Metlife Home Loans division of Metlife Bank N A against Donna Hotham is duly recorded as Instrument Number 201109146. IN TESTIMONY WHEREOF, I have her,?unto set my hand and seal of said office this __?? day of The Patriot-News Co. 2020 Technadogy Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE r Patti* ot hews Now you know CARLISLE PA, 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being du y sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 2009.5500 Civil Term Meltllfe Nome Loans A Division 1/28/11 of Metlife Bank NA 214/11 vs Donna L. Notham Atty: Daniel Schmieg By virtue of a Writ of Exec ti N 2/11/11 u on O. CIVIL-09 5500 ...... ? _ k x :? #t . } . - METLIFE HOME LOANS A DIVISION OF METLIFE BANK N _ _ • _, .._ ... . ........ . A VS. Sworn to andfsubscribed bef&_-Ime tlits 22 6 of Februar 2011 A DONNA HOTHAM 5 y y, . D, owner(s) of property situate in the BOROUGH OF SHIREMANSTOWN , Cumberland County, Pennsylvania, being -- - -- - (Municipality) Notary Public 2 NORTH LOCUST STREET UNIT B AKA, 6 NORTH LOCUST ST, SHIREMANSTOWN, PA 17011-6376 Parcel No. 37230555352 )itO,Nyy?1 T 1 f i.,F PENN?YLVNtV1A_ _ - (Acreage or street address) Thai Seal Improvements thereon: RESIDENTIAL DWELLING t tar tie L_ Elsner, Notary Public i .:wer Pantrsn ? wp., Dauphin County JUDGMENT AMOUNT: $117 258 84 W ,Commission Expires Nov. 26 2033 '- : , . ?+ 1=F eonsrNanla pyc411iAf'1r+H f'