Loading...
HomeMy WebLinkAbout09-6166Phelan 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 ATTORNEY FOR PLAINTIFF 215902 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVING, TX 75063 Plaintiff V. C'ARLOS F. ORELLANA ENRIQUETA E. ORELLANA 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 Defendants COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 69 - Ljj.? ej,, t ? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 215902 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 #: 215902 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: CARLOS F. ORELLANA ENRIQUETA E. ORELLANA 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/01/2006 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. 1949, Page 2148. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2009 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. File #: 215902 6 The following amounts are due on the mortgage: Principal Balance $122,249.75 Interest $6,509.28 12/01/2008 through 09/10/2009 (Per Diem $22.92) Attorney's Fees $1,300.00 Cumulative Late Charges $367.47 05/01/2006 to 09/10/2009 Mortgage Insurance Premium / $45.00 Private Mortgage Insurance Cost of Suit and Title Search $750.00 Subtotal $131,221.50 Escrow Credit $0.00 Deficit $544.69 Subtotal 544.69 TOTAL $131,766.19 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 215902 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $131,766.19, together with interest from 09/10/2009 at the rate of $22.92 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP 01 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 [0-Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 215902 LEGAL DESCRIPTION ALL THAT CERTAIN, tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described in accordance with a survey by D.P. Raffensperger, dated July 21, 1965, as follows, to wit: BEGINNING at a point on the southern line of Norman Road at the easterly line of Lot No. 4, Block'O' on the hereinafter mentioned Plan of Lots, which point is 232.65 feet East of Kelton Road; thence along said Lot No. 4 in a southerly direction, 110 feet to a point at line of Lot No. 27, Block'O' on said Plan; thence along Lot Nos. 27 and 28, Block'O' in an easterly direction,55 feet to a point at line of Lot No. 6, Block 'O' on said Plan; thence along the latter lot in a northerly direction, 110 feet to a point on the southern line of Norman Road; thence along Norman Road in a westerly direction, 55 feet to the Place of BEGINNING. BEING Lot No. 5, Block 'O' on the Plan of Lots of Greater Highland park, showing Blocks 'N', 'O', 'P', 'Q', and 'R', which plan is recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 98. HAVING THEREON erected a single one story brick and frame dwelling house known and numbered as 209 Norman Road, Camp Hill, Pennsylvania. BEING THE SAME PREMISES which Larry M. Wagner and Johanna S. Wagner and Palmira DiMartile, by her Attorney-in-fact Lawrence Wagner, by deed dated May 5, 2005 and recorded May 9, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, File #: 215902 Pennsylvania, in Record Book 268, Page 3912, granted and conveyed unto Timothy E. Costello, Married Individual and Eugene E. Costello, Married Individual, Grantors herein. ADDRESS: 209 NORMAN ROAD PARCEL NO. 13-23-0545-188 File #: 215902 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. I/K Attorney for Plaintiff DATE: O k File #: 215902 R, Fr--t,r, uE 20'9 SSP i I Psi 12: 18 Ct.?kY .. I p8.5U7cL ??/ Gt-d SSD745 ?- a3aY?8 Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ?0atr ni clrt tbrrf r OFME OF ',,S $r-ERIFF 2009 SEP 18 Fri 2: 4 4 3Y' ??r.n lt1 i"' ?? ?i?'j. ?,: ,.r??.. Metlife Home Loans A Division of Metlife Bank NA Case Number vs. 2009-6166 Carlos F. Orellana SHERIFF'S RETURN OF SERVICE 09/15/2009 05:35 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 15, 2009 at 1735 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Carlos F. Orellana, by making known unto Enriqueta E. Orellana wife of defendant and her daughter who translated for the defendant at 209 Norman Road Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 09/15/2009 05:35 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 15, 2009 at 1735 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Enriqueta E. Orellana, by making known unto herself personally and her daughter who translated for the defendant, at 209 Norman Road Camp Hill, 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: $57.50 SO ANSWER September 16, 2009 R THOMAS KLINE, SHERIFF j By - ./ Deputy Sheriff 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 Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff VS. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-6166-CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 215902 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: 1 7'- ? 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 Date: 10-13-09 PHS #: 215902 1A VERIFICATION Mike Fish )r hereby states that he/she is Limited 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 unworn falsification to authorities. >I DATE: I,G ^ t Name: Mike Flsher Title: Limited Vice President Company: METLIFE HOME LOANS E ' I EstiY0 J?i. a JBLIC A File #: 215902 Orellana 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 Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff VS. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-6166-CIVIL TERM CUMBERLAND COUNTY 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: CARLOS F. ORELLANA 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 PHS #: 215902 ENRIQUETA E. ORELLANA 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 Date: 10-13-09 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 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 PHS #: 215902 fLr??^ rVl., 2009 6iC ! 1 6 ? i?' 8: 2 9 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. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-6166-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CARLOS F. ORELLANA, and ENRIOUETA E. ORELLANA, 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 $131,766.19 Interest - 09/11/2009 to 10/21/2009 $939.72 TOTAL $132,705.91 I hereby certify that (1) the Defendants' last known address is 209 NORMAN ROAD„ a nce with Rule 237.1, CAMP HILL. PA 17011-6127, and (2) that notice has been giv7ft?o 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 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: 1612a 10.7 PHS # 215902 PROTHONOTARY 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 Attorney for Plaintiff Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA VS. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-6166-CIVIL TERM 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 CARLOS F. ORELLANA is over 18 years of age and resides at 209 NORMAN ROAD„ CAMP HILL, PA 17011-6127. (c) that defendant ENRIQUETA E. ORELLANA is over 18 years of age and resides at 209 NORMAN ROAD„ CAMP HILL, PA 17011-6127. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. A U Lawrenc& 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 ? Sh tal R. Shah-Jani, Esq., Id. No. 81760 ? J ine R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA VS. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-6166-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on By: DEPUTY If you have any questions concerning this matter please contact: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judi . Romano, Esq., Id. No. 58745 ? S tal R. Shah-Jani, Esq., Id. No. 81760 ? J nine R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney 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 PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** 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 Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA Defendant(s) TO: ENRIQUETA E. ORELLANA 209 NORMAN ROAD CAMP HILL, PA 17011-6127 DATE OF NOTICE: October 6, 2009 NO. 09-6166-CIVIL TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR XITEMI'T NG 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. PHS # 215902 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. 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: ln? Lawrence T. Ph q., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 /Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 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 # 215902 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 15-561-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff v CARLOS F. ORELLANA ENRIQUETA E. ORELLANA Defendant(s) TO: CARLOS F. ORELLANA 209 NORMAN ROAD CAMP HILL, PA 17011-6127 DATE OF NOTICE: October 6, 2009 NO. 09-6166-CIVIL TERM 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. PHS # 215902 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. 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: ?X-" - Lawrence T. Phelan, sq., 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 metal 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 # 215902 Fl! Li 1_4 1.::it^ 4 F1 h^ 7-11 r uY 2G01 9 C11, ! L 2 F. ! 2 a'i F .ivy` f? e?o p- .4 aaa.?l`7 Mat ' PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA COURT OF COMMON PLEAS Plaintiff v. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 10/22/2009 to Date of Sale ($21.81 per diem) TOZAL s ~a~.oo Po Arry 5~ .5o cser 78.5p •~ 1.00 d.5o N ~a.oo ~ueCo • 50 L.l. Note: Please attach description of property. PHS # 215902 CIVIL DIVISION NO.09-6166-CIVIL TERM CUMBERLAND COUNTY C7 L o ~i ~-... .~ `t.' k'~. ~--- $132,705.91 $ 9,007.53 -. z. CP ~. . c_~ ~ c $141,713.44 /AKorney for Plaintiff Phelan Hallinan & Schmieg, ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michel .Bradford, Esq., Id. No. 69849 ^ Judi .Romano, Esq., Id. No. 58745 ^ S tal R. Shah-Jani, Esq., Id. No. 81760 ^ nine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 -~E ~.~ ~.~ O~ ~~ Q Y~ ~ a oa F O~ o° ~~ O~ ~~ ~V z ~. W ~I -.~ a F w z 0 d d 0 W O~ W ~a H ~ > ~a a a~~ W ~E~ DMA ~~ VW 0 V O W Ud a a ••v a~ N a~ .G ~ N .-r Q ~ N .r Q ~ ~ ~ ~ ~ z ~ a ~ ° O i..a ' ,~ ¢ ° ~ ¢ _ ~a¢ _ a ~~¢ w ~ za ~ ~.i za ~ . i 3 ~~x ~~x o~ ~ ~ z ~ b Q o U N U o a W N U ~, N~~'1o~0 ~ ..r ~ty'~~~oMO NN l~ _ M l~ NNN~~ppl~nM O~~V.--i O~ON M~O\p p00 pMN ~~~Z"NN C Qy O C Cz~i`Z.o~00MiNy~j~ G C~ p O'7" 0 ,~ z z a'~°bb~b~zZZo`OOZb~Wb;°b ~~ ~ W Wtiw. y vy"yb y"W W•idW W a~i ~ ~ c~3 ~ ~ -w~, a ~ W W ed v" W ~ i ~' ~ ~ ~ a-"C- °'vi '~~r~ApG'G o~.a v ~~ ~U ~aaao^a^ ^a^^^^^^^ ,,, LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particulazly bounded and described in accordance with a survey by D.P. Rafl'ensperger, dated July 21, 1965, as follows, to wit: BEGINNING at a point on the southern line of Norman Road at the easterly line of Lot No. 4, Block 'O' on the hereinafter mentioned Plan of Lots, which point is 232.65 feet East of Kelton Road; thence along said Lot No. 4 in a southerly direction, 1 I 0 feet to a point at line of Lot No. 27, Block 'O' on said Plan; thence along Lot Nos. 27 and 28, Block'O' in an easterly direction 55 feet to a point at line of Lot No. 6, Block 'O' on said Plan; thence along the latter lot in a northerly direction, 110 feet to a point on the southem line of Norman Road; thence along Norman Road in a westerly direction, 55 feet to the Place of BEGINNING. BEING Lot No. 5, Block 'O' on the Plan of Lots of Greater Highland Pazk, showing Blocks N', 'O', 'P', `Q' and R', which plan is recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 98. HAVING THEREON erected a single one story brick and frame dwelling house known and numbered as 209 Norman Road, Camp Hill, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Carlos F. Orellana and Enriqueta E. Orellana, h/w, by Deed from Timothy E. Costello, married individual and Eugene E. Costello, married individual, dated 05/01/2006, recorded 05/04/2006 in Book 274, Page 1825. PREMISES BEING: 209 NORMAN ROAD„ CAMP HII.L, PA 17011-6127 PARCEL NO. 13-23-0545-188 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. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA Defendant(s) Attorneys for Plaintiff COURT OF COMMON PLEAS. CIVIL DIVISION N0.09-6166-CIVIL TERM CUMBERLAND COUNTY ~, _~, -~; ~ ~ -, CERTIFICATION ~~"=r - ~ ra °~i~~ - -~,r _ The undersigned attorney hereby states that he/she is the attorney for the Plaintiff igthe abbe captioned matter and that the premises are not subject to the provisions of Act 91 because: `~ ( ) the mortgage is an FHA Mortgage ~~ ~~. ( ) the premises is non-owner occupied ~ 4- ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of ~ 8 Pa/C.~.A. § 4904 relating to unsworn falsification to authorities. jj 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 .Bradford, Esq., Id. No. 69849 ^ Judith .Romano, Esq., Id. No. 58745 ^ Sh 1 R. Shah-Jani, Esq., Id. No. 81760 ^ nine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ~• 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 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 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 By: 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 at fal s tements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification o a thgxities. July~t~ 2010 ~otfiey 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 ^ Judit .Romano, Esq., Id. No. 58745 ^ S tal R. Shah-Jani, Esq., Id. No. 81760 ^ nine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 a METLIFE HOME LOANS A DIVISION OF METLIFE BANK COURT OF COMMON PLEAS NA CIVIL DIVISION Plaintiff N0.09-6166-CIVIL TERM vs. CUMBERLAND COUNTY CARLOS F. ORELLANA ENRIQUETA E. ORELLANA ~? ~ =a t`: ~ 's'7 Defendant(s) ~~„ --~ ,; ~ ,-~_ ~ --r, NOTICE OF SHERIFF'S SALE OF REAL PROPERTY .. { ' `~' - ~,~; TO: CARLOS F. ORELLANA -,~y' ENRIQUETA E. ORELLANA ~-;_ c_~: 209 NORMAN ROAD, M~ G~ CAMP HILL, PA 17011-6127 `'" **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 209 NORMAN ROAD„ CAMP HILL, PA 17011-6127 is scheduled to be sold at the Sheriff's Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $132,705.91 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 compazed 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 ca11215-563-7000. 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 shaze of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepazed 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 unmediately 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 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more pazticulazly bounded and described in accordance with a survey by D.P. Raffensperger, dated July 21, 1965, as follows, to wit: BEGINNING at a point on the southern line of Norman Road at the easterly line of Lot No. 4, Block'O' on the hereinafter mentioned Plan of Lots, which point is 232.65 feet East of Kelton Road; thence along said Lot No. 4 in a southerly direction, 110 feet to a point at line of Lot No. 27, Block 'O' on said Plan; thence along Lot Nos. 27 and 28, Block'O' in an easterly direction 55 feet to a point at line of Lot No. 6, Block'O' on said Plan; thence along the latter lot in a northerly direction, 110 feet to a point on the southern line of Norman Road; thence along Norman Road in a westerly direction, 55 feet to the Place of BEGINNING. BEING Lot No. 5, Block'O' on the Plan of Lots of Greater Highland Pazk, showing Blocks N','O', 'P', 'Q' and R', which plan is recorded in the Cumberland County Recorder's Oi~ice in Plan Book 4, Page 98. HAVING THEREON erected a single one story brick and frame dwelling house known and numbered as 209 Norman Road, Camp Hill, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Carlos F. Orellana and Enriqueta E. Orellana, h/w, by Deed from Timothy E. Costello, married individual and Eugene E. Costello, married individual, dated 05/01/2006, recorded 05/04/2006 in Book 274, Page 1825. PREMISES BEING: 209 NORMAN ROAD„ CAMP HII~L, PA 17011-6127 PARCEL NO. 13-23-0545-188 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-6166 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, NA, Plaintiff (s) From CARLOS F. ORELLANA & ENRIQUETA E. ORELLANA (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 $132,705.91 L.L.$.50 Interest from 10/22/19 to Date of Sale ($21.81 per diem) -- $9,007.53 Atty's Comm Atty Paid $176.50 Plaintiff Paid Date: 8/3110 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs D. Buell, othonotary By: Deputy Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 93337 ~~ 7N~ P 0 N~ OTARY ~~9Q OC3 18 PM 2~ 1 ~ CU~IBERL~ND COU'~TY F'E~~1€SYLVANIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff v. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County CARLOS F. ORELLANA No.: 09-6166-CIVIL TERM ENRIQUETA E. ORELLANA Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES 215902 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 September 11, 2009, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A,~ 2. Judgment was entered on October 22, 2009 in the amount of $132,705.91. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriff s Sale on December 8, 2010. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 8, 2010 Per Diem $22.51 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 $121,729.40 $13,855.83 $367.47 $1,300.00 $674.00 $0.00 $60.00 $95.00 $736.56 $0.00 ($148.31) $2,816.64 215902 TOTAL $141,486.59 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 8, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. 215902 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: ~n~ (~'(n gy; -' -- ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis 5. Hallinan, Esq., Id. No. 62695 ^ Daniel G. 5chmieg, Esq., id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 -Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 215902 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff v. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County CARLOS F. ORELLANA No.: 09-6166-CIVIL TERM ENRIQUETA E. ORELLANA Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 215902 I. BACKGROUND OF CASE CARLO5 F. ORELLANA and ENRIQUETA E. ORELLANA 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. Plaintiff s Note was secured by a Mortgage on the Property located at 209 NORMAN ROAD„ CAMP HILL, PA 17011-6127. 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, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 215902 Home Mort aye 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 Sheriff s 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 Pittsbur v. Ciong_oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal 215902 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust fmancial 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 Villaee Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993}. Sisal 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 Sheriff s 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 cleazly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest 215902 to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865}; First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often 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 often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville 215902 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 215902 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. 215902 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP ~( DATE: ~~ " 1 ~ '( (7 By: ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 215902 1~ Exhibit "A" 215902 Phelan Hallman & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., id. No. b2695 Daniel G. Schmieg, Esq., id. No. b2205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Janine 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. Sb657 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., Yd. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 215902 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVING, TX 75063 Plaintiff v. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 Defendants 'O~ THc PLOT!-~~~IOTAftY 20f~4 SEA ~ ~ PM !2~ 1.9 ~CUMir~;~~;'~i;C%O~1NTY Pc1'JNSYLVANf~ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY C1VIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE '~!e her~b~ cer~~;; ~ within t~ iae ~ tl"lI~ ~~~~.~:= ;~:, ~"®RIVI~Y FfL~ ~~~~ F~k #: 21 s9oz 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 flu then notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may loss 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 ;. g. 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 (7 i 7) 249-3166 Fik q: 215902 1. Piaintifl is 2. 3. 4. 5 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY 1RVING, TX 75063 The name(s) and last known address(es) of the Defendant(s) are: CARLOS F. ORELLANA ENRIQUETA E. ORELLANA 209 NORMAN ROAD, CAMP HII,L, PA 1701 i-6127 who is/are the mortgagors} and/or real owner(s) of the property hereinafter described. On 05/01/2006 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. 1949, Page 2148. 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. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2009 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. File k: 215902 6. The following amounts are due on the mortgage: Principal Balance $122,249.75 Interest $6,509.28 12/01!2008 through 09/10/2009 (Per Diem $22.92) Attorney`s Fees $1,300.00 Cumulative Late Charges $367.47 05/01/2006 to 09/10/2009 Mortgage Insurance Premium / $45.00 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $131,221.50 Escrow Credit $0.00 Deficit $544.69 Subtotal 544.69 TOTAL $131,766.19 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in uersonam judgment} against the Defendants} in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such xight 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 pursuantto Pennsylvania Law. File #: 215902 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pwsuant 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 Defendants} has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendants} in the sum of $131;766.19, together with interest from 09!10!2009 at the rate of $22.92 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ^ Lawrence T. Phelan, 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 ^ Sheets! 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. Na. 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 v~Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 215902 LEGAL DESCRYPTION ALL THAT CERTAIN, tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described in accordance with a survey by D.P. Raffensperger, dated July 21, 1965, as follows, to wit: BEGINNING at a point on the southern line of Norman Road at the easterly line of Lot No. 4, Block'O' on the hereinafter mentioned Plan of Lots, which point is 232.65 feet East of Kelton Road; thence along said Lot No. 4 in a southerly direction, i 10 feet to a point at line of Lot No. 27, Block 'O' on said Plan; thence along Lot Nos. 27 and 28, Block 'O' in an easterly direction,55 feet to a point at line of Lot No. 6, Block 'O' on said Plan; thence along the latter lot in a northerly direction, 110 feet to a point on the southern line of Norman Road; thence along Norman Road in a westerly direction, 55 feet to the Place of BEGINNING. BEING Lot No. 5, Block'O' on.the Plan of Lots of Greater Highland park, showing Blocks'N', 'O', 'P', 'Q', and R', which plan is recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 98. HAVING THEREON erected a single one story brick and frame dwelling house known and numbered as 209 Norman Road, Camp Hill, Pennsylvania. BEING THE SAME PREMISES which Larry M. Wagner and Johanna S. Wagner and Pahnira DiMartite, by her Attorney-in-fact Lawrence Wagner, by deed dated May 5, 2005 and recorded May 9, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, File 11: 215902 . Pennsylvania, in Record Book 268, Page 3912, granted and conveyed unto Timothy E. Costello, Married Individual and Eugene E. Costello, Married Individual, Grantors herein. ADDRESS: 209 NQRMAN ROAD PARCEL NO. 13-23-OS45-188 Eile ~: 215902 VERIFICATION Mike FISn@r neaeby states that he/she is limited Vfoe President of METLIFE HOME LOAN$ servicing agent for Plaintiff, METLIFE HOME LOANS,A DIVISION OF METLIFE BANK, NA, in this matter, that he/she is ' authorized to take this Verifica' ~ ~, taxt, and that the stateme~ made in the foregoing Civil Action in ;~r~ Mortgage Foreclosure are true and correct to the best of hisAta knowledgq information and belief. The uadusigned understands that this statement is made subject to the penalties of 1 S Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. '" '//, Nam°: Mike F sfier DATE: ~ l` B Title: Dated V'~ce Proafdent Company: METL[AE HOME LOANS r;.~a.ca.~ss:n ,~oM~~ RFJd00LPH BOYD, JR. °~'. NnTRRY PUBLIC STn'iE OF TEXAS r4, Cm~+m. fxp.01-07.2lI10 Fik Y: 215902 gel6na i~ Exhibit "B" 215902 Phelan Hallman & Schmieg, LLP By: Lawrence T. Phelan, Esq., Td. No. 32227 Attorney for Plaintiff Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 , ~ ~ Michele M. Bradford, Esq., Id. No. 69849 :~ . `° Judith T. Romano, Esq., Id. No. 58745 rl'i i ~~~~, ~: 1 x T ., . ~ ~,r Sheetal R. Shah-Jani, Esq., Id. No. 81760 ~,';: _~ rv =r; Jenine R. Davey, Esq., Id. No. 87077 ~~c° : ~' --' c--.:~ Lauren R. Tabas, Esq., Id. No. 93337 ~ ~::_: ~° -`, ~`~ Vivek Srivastava, Esq., Id. No. 202331 ~~ `'' ~., Jay B. Jones, Esq., Id. No. 86657 :~ cn Peter J. Mulcahy, Esq., Id. No. 61791 " Andrew L. Spivack, Esq., Id. No. 84439 • ~ ~, • ;' - ~ ~~ Jaime McGuinness E(`/'~ Id. No. 90134 sq., 1~ ah ` . ~a;. v '~'~i,,,;.... r.'' 11~~~,.~v'~ ~ 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 CUMBERLAND COUNTY OF METLIFE BANK NA COURT OF.COMMON PLEAS vs. . CIVIL DIVISION CARLOS F. ORELLANA ENRIQUETA E. ORELLANA No. 09-6166-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: -r`' '~ ,..- ~; ii- Kindly enter judgment in favor of the Plaintiff and against C O$' ~ ~~ ~ A and ENRIOUETA E. ORELLANA. Defendant(s) for failure t.~„~i ~, , Plaintiff s Complaint within 20 days from service thereof and for foreclosk a of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint 5131,766.19 Interest - 09/11!2009 to 10/21/2009 939.72 TOTAL $132,705.91 I hereby certify that (1) the Defendants' last known address is 209 NORMAN ROAD„ CAMP HILL, PA 17011-6127, and (2) that notice has been give cordance with Rule 237.1, copy attached. Lawrence``P'Phelan, Esquire Francis S. Hallman, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheets! 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: i% Pas a sisvo2 PROTHONOTARY ~~ Exhibit "C" 215902 ~V a a _w o a~ x~ U ~ v ~ ~ ~ ~ ~ ~~o ~ ~ a ''' CL Q U Z ~ a aa~ ~ ~, aka G ~ ~ h 'b ~ ~ ~ zdo a~~~ TO '~ ~ v~~ v C O G 'F p ~ V O 5`~'~C~ ~~x~ 6 c ffi`~ s o 4s 4 3aoodiz woa~ o~idw .E c .~ U 0402 8010 9SZLLZb000 i ' ~•-~ J 09Z~I~O ~ W4 ZO ~; ~.~ ;, .5 tl S:)Al pg A3Nltl ~® C _® ~~_ / ~ ~ j 4 ~~~ •~ k A 5! G {i1 p ~ C O O y ~ s `~ ^~4,~~~ ~, 5 ~~ T~ 5 y ~ W,~ u ~+ E w° o ~ °' °o 'e h ~ ° nu v~ ~o C N N t., C ~ U yf ~ O ~ N .'~. V O 'O N y,,, ~ ~^ N W = xT C ~ ~ ~ N ~ a'A :g .~ p ~' Q , 7 L OO ~ .~ ~ C p w ~. . C C O z C ~ ~ ~ ~-~~ o ~~~~~~ N ?_ ~ °~a, o y y Q ~ ~ o ~ ~ ~d~oa ~~ yc~"vCL ~ " ~ a a ~ O C S O W ~ o d +.' F., ~ ~" a ~ b i„i a ~ z ~ ~, y W C ~ a a° w n '~ N .~ . .i z a~ v, W ~ b ~ ~ y u ' O~ ~ 4y °x ~ ~~ ~ ~ ~ z~ z v o v z ,~ N .~ Q ~ ~ w ~ a p ~; ~' u z ~ a N N O rn N PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 8, 2010 CARLOS F. ORELLANA ENRIQUETA E. ORELLANA 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 RE: METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA v. CARLOS F. ORELLANA and ENRIQUETA E. ORELLANA Premises Address: 209 NORMAN ROAD, CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 09-6166-CIVIL TERM Dear Defendants, 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 October 13, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. truly an is S. Hallinan, Es uire D 'el G. Schmieg, Es uire Michele M. Bradford, squire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esq e 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 Enclosure 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 ~~ V~r DATE: ~~ (~ ((~ By: ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 215902 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq:, Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff v. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-6166-CIVIL TERM CERTIFICATION OF SERVICE 215902 I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 DATE: ~~ ` ("J ~( (.~ By: Phelan Hallinan & Schmieg, LLP /^ 1 I ^ 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. Ramapo, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 215902 r ~ 1 F1LED-0FFlCE OF THE F~OT~IONOTA~Y 2010 OCT 20 P~ 2~ 27 {~i~~iL)ER~..ri~U ~iUV~'~mT i PE~d~SYLYANIA OCi' 19 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA METLIFE OME LOANS A DIVISION OF METLIFE ANK NA Plaintiff v. CARLOS F ORELLANA ENRIQUE'IfiA E. ORELLANA Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 09-6166-CIVIL TERM RULE AND NCdW, this ~~ day of O 2010, a Rule is entered upon the Defendants to show cajuse why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Re, able on the ~ ~~ day of 2010, at ~ ~, ~s. in ~n l-U, ~ Courtroom bf the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT J. ~o ~ ~ l be r-E l-~ - tnQ.S ~ak~ 215902 f J r J • ~-~i~NE.s.S e , ~ ~.~ ivj~oJcv ~z~ r 2~~0 ~n0' -3 ~~ f0: { ~ Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff v. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-6166-CIVIL TERM CERTIFICATION OF SERVICE 215902 r I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of December 10, 2010 was sent to the following individual on the date indicated below. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 Phelan Hallinan & Schmieg, LLP r r DATE: I ~` o~- t'(~ By. \~~ ~`'' ~`-e ~~J~1~~ ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 215902 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METLIFE HOME LOANS A DIVISION OF CUMBERLAND COUNTY METLIFE BANK NA Plaintiff, COURT OF COMMON PLEAS V. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA Defendant(s) CIVIL DIVISION No.: 09-6166-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) an er 'feed Mail Return Receipt stamped by the U.S. Postal Service is attached her Exhib?A' . ? Lawrenc T, P elan, Esq., Id. No. 32227 ? Franci' alhnan, Esq., Id. No. 62695 ? Daniet W. Schmieg, Esq., Id, No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 3 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabus, Esq., Id. No. 93337 Vivel rivastava, Esq., Id. No. 202331 , Jones, Esq., Id. No. 86657 e J. Mulcahy, Esq:, Id. No. 61791 e - L. Spivack, Esq., Id. No. 84439 A-ew McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos; Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 w ? Courtenay R. Dunn, Esq., td. No. 206779 ? Andrew C. Brambiett, Esq., Id; No. 208375 P, p ? Attorney for Plaintiff Date: `? IMPORTA 4T N TICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS 4 215902 r N Cf]? W i £0 G6 G?•3000d1z MIOUA 0311vvq o?oz Lp ?o9o/?ny ssza?nq?17oo/o? S3M08 T3NLd J ???'oa s3yd?4 d U W w O 4 er +n A C- IN yb c > „ o •o 01) 100 In N c E?5 v= N w ?. ISr ti v d -, m v2 N «+ t- a3 > y?C4 a >ca? Q y4- WUA °G?? ?Aa 3 ?N ?-R' w cA7 ? 2t d d o o ?. G4 •? G A d '6L `-" oz. a Z o ai s. " v? vS co a UUAO. x w? p.5?G4N'.? Z [0 AU-4 N -0 w w y ? b w C +-i N ,y= d }p y U, •Vy `a v ? ' C O N v ? V ?NN' o y R w W N to v w `v H:-w. a H M H a ?Z1 I y v in a oYG R U z?r i p .,, c r r? rr? g rte. f d0 GT w..w ra .-? ..a .r 'rte o, Yl r r FILED-OFFICE _'I THE PRQTHQIID ARa ' 2010 DEC 10 AM 10: 11 'CUMBERLAND COUNTY PENNSYLVANU Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County CARLOS F. ORELLANA No.: 09-6166-CIVIL TERM ENRIQUETA E. ORELLANA Defendants PRAECIPE TO WITHDRAW MOTION TO REASSESS 215902 TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on October 14, 2010 in the above referenced action. DATE: By: Phelan Hallinan & Schmieg, LLP LJ-Lawrence 1. Phelan, Esq.,-Td. No. 32227 ? 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 215902 FILED-OFFICE OF THE PROTHO?jp-_ 'R 1110 DEC 10 AMID: f i CUMBERLAND COUNT` PENNSYLVANIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 t 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 Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County CARLOS F. ORELLANA No.: 09-6166-CIVIL TERM ENRIQUETA E. ORELLANA Defendants CERTIFICATE OF SERVICE 215902 I hereby certify that a true and correct copy of Plaintiff's Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 Phelan Hallinan -kSchmieg, LLP DATE: By: U *Vfflen T. 'P , Es ., 2227 ? Francis Hallin , Esq., Id. No. 2695 iel G. Schmieg, Esq., Id. No. 62205 ichele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 215902 4 1 d ? ? b J SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor =Fi E 'nF F-MFF FILED-OFFICE 2f I APP I I AM 10* 39 ("UMBERLAND COUNTY PENN SYLVAN'tA Metlife Home Loans A Division of Metlife Bank NA Case Number Carlos F. Orellana (et al.) 2009-6166 SHERIFF'S RETURN OF SERVICE 10/22/2010 07:23 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 10/22/10 at 1923 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Carlos F. and Enriqueta E. Orellana, located at, 209 Norman Road, Camp Hill, Cumberland County, Pennsylvania according to law. 10/22/2010 07:23 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 10/22/10 at 1923 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Carlos F. Orellana, by making known unto, Enriqueta Orellana, spouse, at, 209 Norman Road, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 10/22/2010 07:23 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 10/22/10 at 1923 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Enriqueta Orellana, by making known unto, Enriqueta Orellana, personally, at, 209 Norman Road, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 12/07/2010 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/2/2011 01/31/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/6/2011 04/05/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Schmieg on 4/4/11. SHERIFF COST: $700.03 April 08, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 4 2. S'd )J cL J',.£J't'-- ckA 6/146? ?# as?773 ?; Gountv&Ae Shenff Teieosott. Inc_ J METLIFE HOME, LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-6166-CIVIL TERM CUMBERLAND COUNTY PHS # 215902 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 209 NORMAN ROAD„ CAMP HILL, PA 17011-6127. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) CARLOSF.ORELLANA ENRIQUETA E. ORELLANA 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 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) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 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 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 at fal s atements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification o a thgritk?s. July3& 2010 By: o ey for Plainti 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 ? Judit . Romano, Esq., Id. No. 58745 ? S tal R. Shah-Jani, Esq., Id. No. 81760 ? nine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 T METLIFE HOME LOANS A DIVISION OF METLIFE BANK COURT OF COMMON PLEAS NA : CIVIL DIVISION Plaintiff : VS. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA Defendant(s) : NO. 09-6166-CIVIL TERM : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CARLOS F. ORELLANA ENRIQUETA E. ORELLANA 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 "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 209 NORMAN ROAD„ CAMP HILL, PA 17011-6127 is scheduled to be sold at the Sheriff's Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $132,705.91 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 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with a survey by D.P. Raffensperger, dated July 21, 1965, as follows, to wit: BEGINNING at a point on the southern line of Norman Road at the easterly line of Lot No. 4, Block'O' on the hereinafter mentioned Plan of Lots, which point is 232.65 feet East of Kelton Road; thence along said Lot No. 4 in a southerly direction, 110 feet to a point at line of Lot No. 27, Block 'O' on said Plan; thence along Lot Nos. 27 and 28, Block'O' in an easterly direction 55 feet to a point at line of Lot No. 6, Block'O' on said Plan; thence along the latter lot in a northerly direction, 110 feet to a point on the southern line of Norman Road; thence along Norman Road in a westerly direction, 55 feet to the Place of BEGINNING. BEING Lot No. 5, Block 'O' on the Plan of Lots of Greater Highland Park, showing Blocks N', 'O', 'P', 'Q' and 'R', which plan is recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 98. HAVING THEREON erected a single one story brick and frame dwelling house known and numbered as 209 Norman Road, Camp Hill, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Carlos F. Orellana and Enriqueta E. Orellana, h/w, by Deed from Timothy E. Costello, married individual and Eugene E. Costello, married individual, dated 05/01/2006, recorded 05/04/2006 in Book 274, Page 1825. PREMISES BEING: 209 NORMAN ROAD„ CAMP HILL, PA 17011-6127 PARCEL NO. 13-23-0545-188 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH Of PENNSYLVANIA) NO 09-6166 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, NA, Plaintiff (s) From CARLOS F. ORELLANA & ENRIQUETA E. ORELLANA (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 $132,705.91 L.L.$.50 Interest from 10/22/19 to Date of Sale ($21.81 per diem) -- $9,007.53 Atty's Comm % Due Prothy $2.00 Atty Paid $176.50 Other Costs Plaintiff Paid Date: 8/3/10 David D. Buell, rothonotary (Seal) By: Deputy REQUESTING PARTY: Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 93337 On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 209 Norman Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: 1 Real Estate Coordinator V. L 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: October 22, October 29, and November 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r U Lisa Marie Coyne, tditor SWORN TO AND SUBSCRIBED before me this 5 da of November, 2010 Notary ORAH A COLLINS FCARLISLE OTARIAL SEA Notary Public UGH, CUMBERLAND COUNTY ion Expires Apr 28,2014 CUMBERLAND LAW JOURNAL Writ No. 2009-6166 Civil Metlife Home Loans A Division of Metlife Bank NA VS. Carlos F. Orellana Enriqueta E. Orellana Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 09-6166-CIVIL TERM, METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA vs. CARLOS F. ORELLANA, ENRIQUETA E. OREL- LANA, owners of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Pennsylvania, being 209 NORMAN ROAD, CAMP HILL, PA 17011-6127. Parcel No. 13-23-0545-188. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $132,705- .91. 93 The Patriot-News Co. 2020 Technology Pkwy Suite ;300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE c'I4 e P atriot 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 duly sworn according to law, deposes and says: That :she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Markel: Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 2009-6166 Chris Term 10/15/10 Metllfe Hone Loans A Dhrislon of MetiHe Bank NA 10/22110 vs Carlos F. Orellana 10/29110 Enriqueta E. Orellana I Atty: Daniel Schmieg By virtue of a Writ of Execution NO. .. • • • • • • • • 09-6166•CIVIL TERM METLIFE HOME LOANS A DIVISION OF / METLIFE BANK NA Sworn,to and subscribe re metkhis 10 i of November, 2010 A- D. vs. CARLOS E ORELLANA ENRIQUETA E. ORELLANA? owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Notary Public Pennsylvania, being (Municipa sty) 209 NORMAN ROAD, CAMP HILL, PA COMMONWEALTH OF PENNSYLVANJA 17011-6127 Parcel No. 13-23-0545-158 =Lowve, otarial Seal Sherrie L K (Acreage or street address) Isner, Notary Public I Improvements thereon: RESIDENTIAL Twp., Dauphin County i DWELLING n Expires Nov.26 , 2011 JUDGMENT AMOUNT: $132,705.91 Member, Pennsvlvania Assoclatlon of Notar,e WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 09-6166 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 NA Plaintiff (s) From CARLOS F. ORELLANA, ENRIQUETA E. ORELLANA (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: $132,705.91 L.L.: Interest FROM 10/22/2009 TO DATE OF SAL E ($21.81 PER DIEM) - $24,885.21 Atty's Comm: % Due Prothy: $2.25 Atty Paid: 902.53 Other Costs: Plaintiff Paid: Date: 8/3/2012 David D. Buell, Prothonot (Seal) Deputy REQUESTING PARTY: Name: CHRISTINA C. VIOLA, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308909 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. CARLOSF.ORELLANA ENRIQUETA E. ORELLANA Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 10/22/2009 to Date of Sale ($21.81 per diem) TOTAL COURT OF COM CIVIL DIVISION NO.: 09-6166-CIV CUMBERLAND PLEAS ter: $132,705.91 $24,885.21 G Nr w G'G7 y. ?ta G ON P an H mknl& Schdfieg, LLP Christina C. Viola, Esq., Id. No.308909 Attorney for Plaintiff Note: Please attach description of property. PHS # 215902 & 0. ox? c9F it '__7co. o3" ?? it t? N _` O at ? gy. 0 Qt 53? l CIC?k 19? a3a? ? a? 8ss-r W4 ? ? Dv-d o a? z ao? oo'- zO wza ai 0 ? O'O U W 64 U (W(y a H w o o 0 o O a d d "'" ° o a o ?z ----------------- U OW o? o° a aQo4 N 44 OUW ?a ??A ?? ?° d U A >, C9 A ?U > Uw a w a.ud LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with a survey by D.P. Raffensperger, dated July 21, 1965, as follows, to wit: BEGINNING at a point on the southern line of Norman Road at the easterly line of Lot No. 4, Block'O' on the hereinafter mentioned Plan of Lots, which point is 232.65 feet East of Kelton R thence along said Lot No. 4 in a southerly direction, 110 feet to a point at line of Lot No. 27, Blo k 'O' on said Plan; thence along Lot Nos. 27 and 28, Block'O' in an easterly direction 55 feet to a point at line of Lot No. 6, Block'O' on said Plan; thence along the latter lot in a northerly direction, 110 feet to a point on the southern line of Norman Road; thence along Norman Road in a westerl direction, 55 feet to the Place of BEGINNING. BEING Lot No. 5, Block'O' on the Plan of Lots of Greater Highland Park, showing Blocks N',' 'P', 'Q' and'R', which plan is recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 98. HAVING THEREON erected a single one story brick and frame dwelling house known and numbered as 209 Norman Road, Camp Hill, Pennsylvania. TITLE TO SAID PREMISES VESTED IN Carlos F. Orellana and Enriqueta E. Orellana, by Deed from Timothy E. Costello, married individual and Eugene E. Costello, married individual, dated 05/01/2006, recorded 05/04/2006 in Book 274, Page 1825. PREMISES BEING: 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 PARCEL NO. 13-23-0545-188. PHELAN HALLINAN & SCHMIEG, LLP Christina C. Viola, Esq., Id. No.308909 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 000 2flt2 AUG -3 Ate 10. 36 215-563-7 P. RLAN0 COUN`?Y METLIFE HOME LOANS A DIVISION 00 ? ? NA Plaintiff V. CARLOSF.ORELLANA ENRIQUETA E. ORELLANA Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF : CIVIL DIVISION NO.. : CUMBERLAND CO The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 39 3 This certification is made subject to the penalties of 18 Pa. S.A. 4904 relating to unsworn authorities. By: Phelan Hallinan & Schmieg, LLP Christina C. Viola, Esq., Id. No.308909 Attorney for Plaintiff PLEAS to METLIFE HOME LOANS A DIVISION OF METLIFE COURT OF COMMON PLEAS BANK NA Plaintiff t-?' rtdNQTA CIVIL DIVISION V. AJ 1Q.6 NO.: 09-6166-CIVIL TERM CARLOS F. ORELLANA ?UMgRLAND ENRIQUETA E. ORELLANA P?SY??aNIA CUMBERLAND COUNTY Defendant(s) PHS # 215902 AFFIDAVIT PURSUANT TO RULE 3129.1 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA, Plaintiff in the above action, by the and attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the located at 209 NORMAN ROAD, CAMP HILL, PA 17011-6127. 1 2. 3. 4. 5. Name and address of Owner(s) or reputed Owner(s): Name CARLOS K ORELLANA ENRIQUETA E. ORELLANA Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to 1 Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage 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) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be sale. Name Address (if address cannot be reasonably ascertained, please indicate) property sold: by the None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my persona knowledge or information and belief. I understand that false s tements herein are made subject to th penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to aytrifts. 1 1 Date: By: Phelan huM?anVSchmMg, LLP Christina C. Viola, Esq., Id. No.308909 Attorney for Plaintiff I' METLIFE HOME LOANS A DIVISION OF METLIFE BANK COURT OF COMMON PLEAS . NA CIVIL DIVISION Plaintiff : NO.. VS. CARLOS K ORELLANA CUMBERLAND COUNT Y ENRIQUETA E. ORELLANA .r Defendant(s) i.. -003 G rn -, ' NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ,n TO: CARLOS F. ORELLANA ENRIQUETA E. ORELLANA Z G a C?rj 209 NORMAN ROAD, s' 2 c 3 ; CAMP HILL, PA 17011-6127 y .-e- - "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION O TAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BAN UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT NLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 209 NORMAN ROAD„ CAMP HILL, PA 17011-6127 is schedule to be sold at the Sheriff's Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $132,705.91 obtained by METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA (the mortgagee) against you. In the event the sale i 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, cost 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 j dgm if the judgment was improperly entered. You may also ask the Court to postpone the sale for good ca se. 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 RIU 'I'a 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 cut 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 heriff 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 f 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 i 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 th 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 HA E A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED B LO TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 09-6166-CIVIL TERM METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA VS. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 Parcel No. 13-23-0545-188. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $132,705.91 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with a survey by D.P. Raffensperger, dated July 21, 1965, as follows, to wit: BEGINNING at a point on the southern line of Norman Road at the easterly line of Lot No. 4, Block'O' on the hereinafter mentioned Plan of Lots, which point is 232.65 feet East of Kelton Ro; thence along said Lot No. 4 in a southerly direction, 110 feet to a point at line of Lot No. 27, Bloc 'O' on said Plan; thence along Lot Nos. 27 and 28, Block '0' in an easterly direction 55 feet to a point at line of Lot No. 6, Block'O' on said Plan; thence along the latter lot in a northerly directioi 110 feet to a point on the southern line of Norman Road; thence along Norman Road in a westerl, direction, 55 feet to the Place of BEGINNING. BEING Lot No. 5, Block'O' on the Plan of Lots of Greater Highland Park, showing Blocks N','( 'P', 'Q' and 'R', which plan is recorded in the Cumberland County Recorder's Office in Plan Book Page 98. HAVING THEREON erected a single one story brick and frame dwelling house known and numbered as 209 Norman Road, Camp Hill, Pennsylvania. TITLE TO SAID PREMISES VESTED IN Carlos F. Orellana and Enriqueta E. Orellana, by Deed from Timothy E. Costello, married individual and Eugene E. Costello, married individual, dated 05/01/2006, recorded 05/04/2006 in Book 274, Page 1825. PREMISES BEING: 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 PARCEL NO. 13-23-0545-188. SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~~a ~, Ronny RAnderson -a3 ^~ ~~~` _f, Sheriff ~a~tn e4 ~~c~nbrrf ~ °~ ~ ~ ~ ~ ~,:~__ z3 ~ ; Jody S Smith 61 ,~ ~ '~~ ~r ~ nJ ~= c. c~ Chief Deputy ~. ~'' ° .,~ fY - -<y " '" ~ ~` Richard W Stewart K r t ~ , ~ ~~r ' ~ i ~ ~~-, ~ ~ -7-± ~' -''~ SOIICItOr 4~FeiC£;:c~~~ESr+ERiFF ~_G W ~`,Ci~ .,...~. t:~7 •- Metlife Home Loans A Division of Metlife Bank NA vs. Case Nu mber Carlos F. Orellana (et al.) 2009-6 166 SHERIFF'S RETURN OF SERVICE 10/04/2012 01:19 PM -Deputy Ronald Hoover, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 209 Norman Road, Lower Allen Township, Camp Hill, PA 17011, Cumberland County. 10/08/2012 04:55 PM -Deputy Valerie Weary, 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: Enriqueta E. Orellana at 209 Norman Road, Lower Allen Township, Camp Hill, PA 17011, Cumberland County. 10/18/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Carlos F. Orellana, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 209 Norman Road, Camp Hill, PA 17011, per son defendant moved, did not leave a forwarding with the post office. 11/0512012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $678.41 November 20, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF qk `~ ~! lS3 Icl CountySuite Sheriff, Teleosatt.. Inc. On August 8, 2012 the Sheriff levied upon -the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, known and numbered 209 Norman Road, Camp Hill PA 17011 fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 8, 2012 By: ~~ c~ Claudia Brewbaker, Real Estate Coordinator Lo :~ d q- env scot ad'hl~~G^,,~1`~~ ~~13~U ~~t2~3r~S ~' WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 09-6166 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW. TO THE SHERIFF OF CUMBERIAND COUNTY; To satisfy the debt, interest and casts due METLIFE HOME LOANS A DIVJfSIE?N OF METLIFE BANK NA Plaintlff ~~) From CARLOS F. ORELLANA ENRIQUETA E. ORELLANA (I) You are directed to levy upon} the property ofthedefendant(s~nd to sell SEE LEGAL DESCRIPTION . (2) Yau ae also directed to attach the property of the defendant(s) nut levied upon in the possession of GAlINISH~E(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'artachment 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: $132,705.91 L.L.: Interest FRAM 10/22/2049 TO DATE (#F SALE ($1.81 PER llIEM) - 524,885.21 Atty's Comm: % Due Prathy: 52.25 Atty Paid: 902.53 Other Costs: Plaintiff Paid: Date: 8/3/2012 David D. Bue 1, Prothono (Seal) Deputy REQUESTING PARTY: Name: CHRISTINA C. VIOLA, ESQUIRE Address: PHELAN HALLINAN &.SCHMIEG, L,P 1617 JFK BLVD, SUITE'14tI0 ONE PENN CENTER PLAZA PHILADELPHIA, PA 14103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308909 ~ ~ Gf;3~fl In Testknany vv, i t~ ~ set my' anc# tttm ~ ~isrle~'Pa. This d8ty of 2ft:.~.- Q , ry ti, l~ ~ `-~ ...._.. .__ ....... . ....._ The Patriot-Ney-s Co: 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~e~a~iot-1~ews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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: 10/26/12 11/02/12 A. D. corin~v~TM of Pl:n~nsnvav~a Notarial Seaj Sherrie L. Oweng Notary Public Pexbon TWp•, Dauphin county Commission rye,, 26, 2015 MEMBER, PENNSYLVANLI 7ION OF N07ARIE6 ~~" ~ CUMBERLAND LAW JOURNAL Writ Fo. 9009-6166 Civil Term METLIFE HOME LOANS A DMSION OF METLIFE BANK NA vs. CARLOS F. ORELLANA Enriqueta E. Orellana Atty.: Daniel Schmieg By virtue of a Writ of Execution N0.09-6166-CML TERM, METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA vs. CARLOS F. ORELLANA, ENRIQUETA E. OREL- LANA, owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, Cumherland County, Pennsylvania, being 209 NORMAN ROAD, CAMP HILL, PA 17011-6127. Parcel No. 13-23-0545-188. Improvemarts thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $132,705- .91. 73 r 'ti PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTFI OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie C©yne, 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 regulazly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regulaz editions and issues of the said Cumberland Law Journal on the following dates, viz: October 2b, and November 2, 2012 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. ~,~, ~--- Lisa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 2 da November 2012 .- Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 2B, 2014 METLIFE~Ht~ME LOANS A DIVISION OF METLIFE BANK NA Plaintiff v CARLOS F. ORELLANA ENRIQUETA E. ORELLANA Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-6166-CIVIL TERM CUMBERLAND COUNTY PHS #' 215902 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 209 NORMAN ROAD, CAMP HILL, PA 17011-6127. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) CARLOSF.ORELLANA ENRIQUETA E. ORELLANA 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 209 NORMAN ROAD, CAMP HII.L, PA 17011-6127 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. i . 7. Name and' adrdres's.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 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT OF WELFARE HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMTNT OF JUSTICE 228 WALNUT STREET, SUITE 220 U.S. ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG, PA 17108-1754 FEDERAL BUILDING 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 s tements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to ay~pri~s. /~ Date: By: _~ ~1A YA 1 I ~ _ Phelan an Schm ,g~LP Christina C. Viola, Esq., Id. No.3~8909 Attorney for Plaintiff METLIFE HOME LOANS A DIVISION OF METLIFE BANK COURT OF COMMON PLEAS NA CIVIL DIVISION Plaintiff NO.: 09-6166-CIVIL TERM vs. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CARLOS F. ORELLANA ENRIQUETA E. ORELLANA 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 * * THIS FIRM TS 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 209 NORMAN ROAD„ CAMP HILL, PA 17011-6127 is scheduled to be sold at the Sheriff s Sale on 12/05/2012 at 10:[10 AM in the Cumberland County CourthUuse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $132,703.91 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) aze filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO.09-6166-CIVIL TERM METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA vs. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 209_NORMAN ROAD, CAMP HILL, PA 17011-6127 Parcel No. 13-23-0345-188. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $132,705.91 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more pazticulazly bounded and described in accordance with a survey by D.P. Raffensperger, dated July 21, 1965, as follows, to wit: BEGINNING at a point on the southern line of Norman Road at the easterly line of Lot No. 4, Block 'O' on the hereinafter mentioned Plan of Lots, which point is 232.65 feet East of Kelton Road; thence along said Lot No. 4 in a southerly direction, 110 feet to a point at line of Lot No. 27, Block 'O' on said Plan; thence along Lot Nos. 27 and 28, Block'O' in an easterly direction 55 feet to a point at line of Lot No. 6, Block'O' on said Plan; thence along the latter lot in a northerly direction, 110 feet to a point on the southern line of Norman Road; thence along Norman Road in a westerly direction, 55 feet to the Place of BEGINNING. BEING Lot No. 5, Block 'O' on the Plan of Lots of Greater Highland Pazk, showing Blocks N', 'O', 'P', 'Q' and 'R', which plan is recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 98. HAVING THEREON erected a single one story brick and frame dwelling house known and numbered as 209 Norman Road, Camp Hill, Pennsylvania. TITLE TO SAID PREMISES VESTED IN Cazlos F. Orellana and Enriqueta E. Orellana, h/w, by Deed from Timothy E. Costello, married individual and Eugene E. Costello, married individual, dated 05/01/2006, recorded 05/04/2006 in Book 274, Page 1825. PREMISES BEING: 209 NORMAN ROAD, CAMP AII.L, PA 17811-6127 PARCEL NO. 13-23-0545-188. Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ♦ t.[� SCE 1- t'1} Fe3 Zff1 TA 2011 OCT 23 ; 110: 56 ci ;{ Et\L.-d-;:J Con -TY PEN:!SV!..VAHIA Attorney For Plaintiff METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff v. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 09 -6166 -CIVIL TERM PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute JP MORGAN CHASE BANK, N.A. as successor Plaintiff for the originally named Plaintiff. Date: The material facts on which the right of succession and substitution are based as follows: JP MORGAN CHASE BANK, N.A. is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded on 06/28/2013 in Instrument No. 201321367 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the doc PH # 709747 Pau . essman Esq., Id. No.318079 y for Plaintiff Quid $9 Sc' pdff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff v. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 09 -6166 -CIVIL TERM PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the above -captioned matter to the use of JP MORGAN CHASE BANK, N.A., located 1111 POLARIS PARKWAY, COL u : OH 43240. Date: to 12:2-04 PH # 709747 , Esq., Id. No.318079 ey for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff v. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 09 -6166 -CIVIL TERM ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of JP MORGAN CHASE BANK, N.A.. Date: /o 2? -114 PH # 709747 Esq., Id. No. 8079 y for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff v. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 09 -6166 -CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe to Mark Judgment to JP MORGAN CHASE BANK, N.A., Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the person(s) on the date listed below: CARLOS F. ORELLANA 4502 28TH AVENUE ASTORIA, NY 11103 CARLOS F. ORELLANA ENRIQUETA E. ORELLANA 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 Date: /61221 /4 Pau . res an, Esq., Id. No.318079 orney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JPMorgan Chase Bank, N.A. Plaintiff v. Carlos F. Orellana Enriqueta E. Orellana Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 10/23/2009 to Date of Sale ($21.81 per diem) TOTAL Note: Please attach description of property. PH # 709747 va8, 8,56 pd mil, 7&-D3 1 ' )4. OD C`) 9A6°" qT : COURT OF COMMON PLEAS CIVIL DIVISION : NO.: 09 -6166 -CIVIL TERM CUMBERLAND COUNTY $132,705.91. $42,725.79 $175,431.70 Atto allinan, LLP essrnan, Esq., Id. No.318079 y for Plaintiff C LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded-anddescribed in accordance with a survey by D.P. Raffensperger, dated July 21, 1965, as follows, to wit: BEGINNING at a point on the southern line of Norman Road at the easterly line of Lot No. 4, Block '0' on the hereinafter mentioned Plan of Lots, which point is 232.65 feet East of Kelton Road; thence along said Lot No. 4 in a southerly direction, 110 feet to a point at line of Lot No. 27, Block '0' on said Plan; thence along Lot Nos. 27 and 28, Block '0in an easterly direction 55 feet to a point at line of Lot No. 6, Block '0' on said Plan; thence along the latter lot in a northerly direction, 110 feet to a point on the southern line of Norman Road; thence along Norman Road in a westerly direction, 55 feet to the Place of BEGINNING. BEING Lot No. 5, Block '0' on the Plan of Lots of Greater Highland Park, showing Blocks 'N', '0', 'P', 'Q' and 'R', which plan is recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 98. HAVING THEREON erected a single one story brick and frame dwelling house known and numbered as 209 Norman Road, Camp Hill, Pennsylvania. TITLE TO SAID PREMISES VESTED IN Carlos F. Orellana and Enriqueta E. Orellana, h/w, by Deed from Timothy E. Costello, married individual and Eugene E. Costello, married individual, dated 05/01/2006, recorded 05/04/2006 in Book 274, Page 1825. PREMISES BEING: 209 Norman Road„ Camp Hill, PA 17011-6127 PARCEL NO. 13-23-0545-188. PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paui.cressman@phelanhallinan.com 215-563-7000 JPMorgan Chase Bank, N.A. Plaintiff v. Carlos F. Orellana Enriqueta E. Orellana Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 09 -6166 -CIVIL TERM' . CUMBERLAND County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. linan, LLP Pau . es man, Esq., Id. No.318079 Attorney or Plaintiff JPMorgan Chase Bank, N.A. Plaintiff v. Carlos F. Orellana Enriqueta E. Orellana Defendant(s) =i Ct €l u:A> COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09 -6166 -CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 JPMorgan Chase Bank, N.A., 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 209 Norman Road„ Camp Hill, PA 17011-6127. 1. Name and address of Owner(s) or reputed Owner(s): Name CARLOS F. ORELLANA ENRIQUETA E. ORELLANA 2. Name and address of Defendant(s) in the judgment: Name CARLOS F. ORELLANA ENRIQUETA E. ORELLANA Address (if address cannot be reasonably ascertained, please so indicate) 4502 28TH AVENUE ASTORIA, NY 11103 209 NORMAN ROAD„ CAMP HILL, PA 17011-6127 209 NORMAN ROAD„ CAMP HILL, PA 17011-6127 Address (if address cannot be reasonably ascertained, please so indicate) 4502 28TH AVENUE ASTORIA, NY 11103 209 NORMAN ROAD„ CAMP HILL, PA 17011-6127 209 NORMAN ROAD„ CAMP HILL, PA 17011-6127 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. PH # 709747 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) LOWER ALLEN TOWNSHIP AUTHORITY LOWER ALLEN TOWNSHIP AUTHORITY CIO STEVEN PAUL MINER, ESQ. 120 LIMEKILN ROAD NEW CUMBERLAND, PA 17070 DALEY ZUCKER MEILTON ET AL 635 N 12TH ST STE 101 LEMOYNE, 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) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 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 falsificatio Date: 101.2:2114 PH # 709747 Phe . . Ha11Rin: n, LLP Paul Cre a'., Esq., Id. No.318079 Attorney fog ; laintiff PHELAN HA LINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 JPMorgan Chase Bank, N.A. Carlos F. Orellana Enriqueta E. Orellana - _—OFFICEj RY 2;11 rf3! 23 A 11: D CLJMDERLAND COUNTY P r'"i. NSYL\/ANI�"1 C.a',i�aJ a ! i� 4 vs. : COURT OF COMMON PLEAS • Plaintiff : CIVIL DIVISION : NO.: 09 -6166 -CIVIL TERM : CUMBERLAND County Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CARLOS F. ORELLANA 4502 28TH AVENUE, ASTORIA„ NY 11103 CARLOS F. ORELLANA ENRIQUETA E. ORELLANA 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 **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 209 Norman Road„ Camp Hill, PA 17011-6127 is scheduled to be sold at the Sheriff's Sale on 03/04/2015 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $132,705.91 obtained by JPMorgan Chase Bank, N.A. (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. 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. SHORT DESCRIPTION By virtue of a Writ of Execution No. 09 -6166 -CIVIL TERM JPMorgan Chase Bank, N.A. v. Carlos F. Orellana Enriqueta E. Orellana owner(s) of property situate in the LOWER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 209 Norman Road, Camp Hill, PA 17011-6127 Parcel No. 13-23-0545-188. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $132,705.91 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with a survey by D.P. Raffensperger, dated July 21, 1965, as follows, to wit: BEGINNING at a point on the southern line of Norman Road at the easterly line of Lot No. 4, Block '0' on the hereinafter mentioned Plan of Lots, which point is 232.65 feet East of Kelton Road; thence along said Lot No. 4 in a southerly direction, 110 feet to a point at line of Lot No. 27, Block 'O' on said Plan; thence along Lot Nos. 27 and 28, Block '0' in an easterly direction 55 feet to a point at line of Lot No. 6, Block 'O' on said Plan; thence along the latter lot in a northerly direction, 110 feet to a point on the southern line of Norman Road; thence along Norman Road in a westerly direction, 55 feet to the Place of BEGINNING. BEING Lot No. 5, Block '0' on the Plan of Lots of Greater Highland Park, showing Blocks 'N', '0', 'P', 'Q' and 'R', which plan is recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 98. HAVING THEREON erected a single one story brick and frame dwelling house known and numbered as 209 Norman Road, Camp Hill, Pennsylvania. TITLE TO SAID PREMISES VESTED IN Carlos F. Orellana and Enriqueta E. Orellana, h/w, by Deed from Timothy E. Costello, married individual and Eugene E. Costello, married individual, dated 05/01/2006, recorded 05/04/2006 in Book 274, Page 1825. PREMISES BEING: 209 Norman Road„ Camp Hill, PA 17011-6127 PARCEL NO. 13-23-0545-188. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA • DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net JPMORGAN CHASE BANK, NA Vs. NO 09-6166 Civil Term CIVIL ACTION — LAW CARLOS F. ORELLANA ENRIQUETA E. ORELLANA WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $132,705.91 L.L.: Interest FROM 10/23/2009 TO DATE OF SALE ($21.81 PER DIEM) - $42,725.79 Atty's Comm: Atty Paid: $1,618.94 Plaintiff Paid: Date: 10/23/2014 (Seal) REQUESTING PARTY: Name: PAUL CRESSMAN, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 318079 Due Prothy: $2.25 Other Costs: "L,IL David D. Buell, Prothonotary Deputy PLAINTIFF JPMORGAN CHASE BANK, N.A. DEFENDANT CARLOS F. ORELLANA ENRIQUETA E. ORELLANA SERVE CARLOS F. ORELLANA AT: 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY PH # 709747 SERVICE TEAM/ lxh COURT NO.: 09 -6166 -CIVIL TERM SERVED TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: March 4, 2015 c ' Served and and made known to CARLOS F. qRLLANA, oDefendant on the day of g 4 'clock 7A4., at a,,e27 0 (Z.. 144 a- IP ghq manner .sribed be Defendant personally served. . dult family member with whom Defendants) reside(s). Relationship is V S't-e• v e CDvv._ z. ant Adult in charge of Defendant's residence who refused to give name or re ationship. 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: / I( De ion: Age Weight /5 °Race 117113iSex / Other I, g id C I.-• • omp At a u t hereby verify 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 d at the address indicated above. I understand that this statement is made subject to p-nalties of 18 Pa. C.S ec. 4904 to unsworn falsifi to authorities. d,5 eirp, II 11--1-1 Ne)QS DATE: I NAME: PRINTED TITLE: vr5 ce,75L5 fey e.42— NOT SERVED On the day of , 20 , at o'clock . M., I, , a competent adult hereby state thiTaendant NOT FOUND because: ___ Vacant Does Not Exist Moved Does Not Reside (Not Vacant) No Answer on at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. at BY: PRINTED NAME: AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK, NA. PH # 709747 DEFENDANT SERVICE TEAM/ Ixh CARLOS F. ORELLANA COURT NO.: 09 -6166 -CIVIL TERM ENRIQUETA E. ORELLANA SERVE ENRIQUETA E. ORELLANA AT: 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: March 4, 2015 SERVED Served and made known to ENRJOUEi'A E. ORELLANA, Defendant on the % day of Nell Miteg 20 at g: 0o_, o'clock t. M., at 2,09 NOAMMN .D, cothiP 1111.4 IPA , in the manner described below: JZ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other / L Description: Age 463 . Height .rj " Weight l'� Race 14 Sex .P Other Ronald Moll , a competent adult, hereby verify 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. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE 1 NAME: PRINTED NAME Proccss Scrvcr TULE: Ronald Moll NOT SERVED On the day of,20at o'clock. M., I, state that Defendant NOT FOUND ecause: Vacant _ Does Not Exist _Moved _Does Not Reside (Not Vacant) No Answer on at , at Service Refused a competent adult hereby Other I understand that this statement is made subject to the falsification to authorities. BY: PRINTED NAME: of 18 Pa. C.S. Sec. 4904 relating to unsworn Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, N.A. Plaintiff v. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on September 11, ATTORNEY FOR PLAINTIFF Court of Common Pleas --,: l . Z7-1-'1 Civil Division `� % `..- CUMBERLAND County; '. ,' s2c No.: 09 -6166 -CIVIL TER+M�; c-5 �' ' 2009. 2. Judgment was entered on October 22, 2009 in the amount of $132,705.91. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 209 NORMAN ROAD„ CAMP HILL, PA 17011-6127 (hereinafter the "Property") was postponed or stayed for the following reason: 709747 1 a.) The Defendant, CARLOS ORELLANA A/K/A CARLOS F. ORELLANA and ENRIQUETA E. ORELLANA, filed a Chapter 13 Bankruptcy at Docket Number 1:10- 09852 on December 7, 2010. The Bankruptcy was dismissed by order of court dated May 2, 2012. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "B". b.) The Defendant, CARLOS ORELLANA A/K/A CARLOS F. ORELLANA, filed a Chapter 13 Bankruptcy at Docket Number 1:12-06294 on October 26, 2012. The Bankruptcy was dismissed by order of court dated August 1, 2014. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit 5. The Property is listed for Sheriffs Sale on March 4, 2015. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through March 4, 2015 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/Brokers Price Opinion Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit Suspense/Misc. Credits $118,349.76 $31,376.39 $210.33 $2,375.00 $1,545.50 $3,000.00 $28.00 $95.00 $204.60 $10,776.86 ($196.95) TOTAL $167,764.49 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 709747 2 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 10. 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 29, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: /(° 1-(-5 By: Phelan Hallinan, LLP Justin ATT obes . , Esquire EY F 1 R PLAINTIFF 3 709747 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, N.A. Plaintiff v. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09 -6166 -CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE CARLOS F. ORELLANA and ENRIQUETA E. ORELLANA 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 209 NORMAN ROAD„ CAMP HILL, PA 17011-6127. 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, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 709747 1 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 709747 2 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The 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 709747 3 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 709747 4 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney 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). The Superior Court cited Fetner in confirming that an attomey's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 709747 5 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 Sheriffs sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from 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. 709747 6 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 709747 7 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiffs Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP 41 Justin ' obeski,r. . re Atto. - for Plainti 8 709747 Exhibit "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 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. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA Attorney for Plaintiff n CUMBERLAND .COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 09 -6166 -CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against C and ENRIOUETA E. ORELLANA, Defendant(s) for failure tos Complaint within 20 days from service thereof and for foreclosure finds premises, and assess Plaintiff's damages as follows: e of the mortgaged n C N CD N cn o Plaintiff's As set forth in Complaint Interest - 09/11/2009 to 10/21/2009 TOTAL $131,766.19 $939.72 $132,705.91 I hereby certify that (1) the Defendants' last known address is 209 NORMAN ROAD, CAMP HILL, PA 17011-6127, and (2) that notice has been give ��';='�„ccordance with Rule 237.1, copy attached. Lawrence''. 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 L Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Brarnblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 2 [5902 PROTHONOTARY Exhibit "B" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CARLOS ORELLANA, Debtor CHARLES J. DEHART, III, CHAPTER 13 TRUSTEE Movant v. CARLOS ORELLANA, Respondent Chapter: 13 Case Number: 1:10-bk-09852 MDF ORDER DISMISSING CASE Upon consideration of the Trustee's Certificate of Default of Stipulation in settlement of the Trustee's prior Motion to Dismiss case for material default and it having been determined that this case should be dismissed, it is hereby: ORDERED that the above -captioned case of the Debtor is DISMISSED. By the 'Court, Dated: May 2, 2012 Chief 8ankrwtcy Judge (ARP) Case 1:10-bk-09852-MDF Doc 42 Filed 05/02/12 Entered 05/03/12 09:52:59 Desc Main Document Page 1 of 1 Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CARLOS ORELLANA Debtor(s) CHARLES J DEHART, III CHAPTER 13 TRUSTEE Movant(s) vs. CARLOS ORELLANA Respondent(s) Chapter: 13 Case Number: 1:12-bk-06294-MDF ORDER DISMISSING CASE Upon consideration of the Trustee's Certificate of Default of Stipulation in settlement of the Trustee's prior Motion to Dismiss case for material default and it having been determined that this case should be dismissed, it is ORDERED that the above-named case of the debtor(s) be and it hereby is dismissed. Dated: August 1, 2014 By the Court, MDPA-Dismiss Case. WPT - REV 07/14 Case 1:12-bk-06294-MDF Doc 74 Filed 08/01/14 Entered 08/01/14 11:47:01 Desc Main Document Page 1 of 1 Exhibit "D" PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania December 26, 2014 CARLOS F. ORELLANA 2400 MARKET STREET APARTMENT B71 HARRISBURG, PA 17103-3539 ENRIQUETA E. ORELLANA 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 RE: JPMORGAN CHASE BANK, N.A. v. CARLOS F. ORELLANA and ENRIQUETA E. ORELLANA Premises Address: 209 NORMAN ROAD, CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 09 -6166 -CIVIL TERM Dear Defendants, 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 . 113/2015 Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. yours, losure. Id, Esq., Id. No.200392 lairjti�`f 709747 �ti Name and Address Of Sender Line 1 2 3 mik Article Number Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 JOH Name of Addressee, Street, and Post Office Address CARLOS F. ORELLANA 2400 MARKET STREET APARTMENT B71 HARRISBURG, PA 17103-3539 CARLOS F. ORELLANA ENRIQUETA E. ORELLANA 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 CARLOS F. ORELLANA 4502 28th Avenue, Astoria„ NY 11103 $0.47 $0.47 g 4 ENRIQUETA E. ORELLANA 3223 48th Street Apartment 3R, Astoria, NY 11103 $0.47 RE: CARLOS F. ORELLANA (CUMBERLAND) PH # 709747/1200 Page 1 of 1 $1.88 Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) Form 3877 Facsimile The full declaration of value is required on all domestic and international registered mail. 'the maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is S50,000 per piece subject to a limit of 5500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is $500. The maximum indemnity payable is S25,000 for registered mail, sent with optional insurance. See Domestic Mail Manual R900 S9I3 and 5921 for limitations of coverage. 7097. Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, N.A. Plaintiff v. CARLOS F. ORELLANA ENRIQUETA E. ORELLANA ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09 -6166 -CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. CARLOS F. ORELLANA 2400 MARKET STREET APARTMENT B71 HARRISBURG, PA 17103-3539 CARLOS F. ORELLANA 4502 28th Avenue, Astoria„ NY 11103 DATE: I Rid> By: CARLOS F. ORELLANA ENRIQUETA E. ORELLANA 209 NORMAN ROAD, CAMP HILL, PA 17011-6127 ENRIQUETA E. ORELLANA 3223 48th Street Apartment 3R, Astoria, NY 11103 Phelan Hallinan, LLP AC. Justin F. `gibes Esquire ATTOy I EY FOR PLAINTIFF 709747 JPMORGAN CHASE BANK, N.A. : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. --3 rrl ::47a CARLOS F. ORELLANA, ENRIQUETA E. ORELLANA,, DEFENDANTS : NO. 09-6166 CIVIL ORDER OF COURT =` AND NOW, this 9th day of January, 2015, upon consideration of JPMorgan Chase Bank, N.A.'s Motion to Reassess Damages; IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why Plaintiff is not entitled to the relief requested; 2. Defendants shall file an Answer to the Petition on or before January 30, 2015; 3. The Petition shall be decided under Pa.R.C.P. Rule 2061; 4. If no answer to the Rule to show cause is filed by the required date, the relief requested by the Plaintiff shall be granted upon the Court's receipt of a Motion requesting that the Rule be made absolute. If the Defendants file an Answer, the Court will determine if further Order or hearing is necessary; By the Court, M. L. Ebert, Jr., J. ./Justin Kobeski, Esquire Attorney for Plaintiff ../6rlos Orellana nriqueta E. Oreliana Defendants bas es neZDAliaL) //Ps