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HomeMy WebLinkAbout09-7099Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 vFfancis 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 219156 NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK 3232 NEWMARK DRIVE MIAMISBURG, OH 45342 Plaintiff V. ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER 2572 WENGER LANE CHAMBERSBURG, PA 17201-7847 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Oj - 7099 0'.."it (U'M CUMBERLAND COUNTY File #: 219156 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 #: 219156 1. Plaintiff is NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK 3232 NEW L RK DRIVE MIAMISBURG, OH 45342 2. The name(s) and last known address(es) of the Defendant(s) are: ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER 2572 WENGER LANE CHAMBERSBURG, PA 17201-7847 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/26/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1971, Page 0713. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2009 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 #: 219156 6. The following amounts are due on the mortgage: Principal Balance $100,557.83 Interest $2,990.97 05/01/2009 through 10/14/2009 (Per Diem $17.91) Attorney's Fees $1,300.00 Cumulative Late Charges $104.76 10/26/2006 to 10/14/2009 Cost of Suit and Title Search V-50-00 Subtotal $105,703.56 Escrow Credit $0.00 Deficit $0.00 Subtotal om TOTAL $105,703.56 7. 8 9. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is nat seeking a judgment of personal liability (or an in ners?m 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. The mortgage premises are vacant and ahandoned. File #: 219156 WHEREFORE, PLAINTIFF demands an in rnm Judgment against the Defendant(s) in the sum of $105,703.56, together with interest from 10/14/2009 at the rate of $17.91 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: awrence T. Phelan, Esq., Id. No. 32227 "Francis S. Hallinan, Esq., Id. No. 62695 UJ ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 219156 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Shippensburg Borough, County of Cumberland, Commonwealth of Pennsylvania. BEGINNING at a stake at the corner of an alley; thence by that alley westward a distance of 59 feet to the corner of property now or formerly of Eddie L. Albright, III; thence by the said property northward a distance of 64 feet to the line of land now or formerly of James W. Kramer; thence eastward by the same a distance of 59 feet to the aforesaid public alley; thence by that alley southward a distance of 64 feet to the point and place of beginning, having thereon erected a two story frame house, the said house being in the rear of Nos. 11-13 North Queen Street, Shippensburg, Pennsylvania. BEING the same premises which Eddie L. Albright, III, by Deed dated April 20, 2006, and recorded April 25, 2006, in the Office of the Recorder of Deeds in and for the City of Shippensburg, County of Cumberland, Pennsylvania, in Book 274, Page 830, granted and conveyed unto Stephen L. Holtry, in fee. PROPERTY BEING; 11 NORTH QUEEN STREET PARCEL# 32-33-1869-029A File #: 219156 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. ?S DATE: © b??7 Attomey for Plaintiff File #: 219156 0 FILE), ?err- THE L: 1 717, OTAFY 2009 QkCi 16 AM 10: 19 ITY L. 0 4: #1$.50 PO AT1-/ ('.r v&04759 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 NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK VS. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 09-7099 CIVIL TERM CUMBERLAND COUNTY ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 219156 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Pl*h iffy , By: ? Lawre Phelan, sq., Id. No. 32227 ? Fran s S. allina sq., Id. No. 62695 ? Da el G. Sc ieg, 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 R Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 11-9-09 PHS #: 219156 VERIFICATION Teresa S. Clopp Authorized Officer hereby states that he/she is ofNATIONAL CITY BANK, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. rA V%Qa,. ? ?? N e: Teresa S. Clop DATE: 10/20/2009 Title: Authorized Officer Company: NATIONAL CITY BANK File #: 219156 Oberholzer r'. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MAY 14 2010 NATIONAL CITY MORTGAGE, A DIVISION Court of Common Pleas OF NATIONAL CITY BANK Plaintiff Civil Division v. F,LAM Z. OBERHOLZER CUMBERLAND County A/K/A ELAM Z. OBERHOLTZER Defendant No. 09-7099 CIVIL TERM ORDER AND NOW, this (~~~,day of f'~1~ ~ , 2010, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tune as follows: Principal Balance $100,557.83 Interest Through June 2, 2010 $7,109.29 Per Diem $17.91 Late Charges $104.76 Legal fees $1,725.00 Cost of Suit and Title $1,581.50 Sheriff's Sale Costs $0.00 Property Inspections/ Property Preservation $339.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $898.38 TOTAL $112,315.76 Plus interest from June 2, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff's commission is not included in the above figure. „~~ ~,- . `~ T ~ CSI "~ ~.,,, _r Zf/~ .~:~ <~~ ~,~ cy.. ~i~ }-' 1~> 7..L ra _~ CJ N BY THE ~lAlSF, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor National City Mortgage Company vs. Elam Z. Obefiolzer ~oankr of ~umb~r~JnO ',, ~,~ lc,r,l; !.Y ~.a~~ _ S OFFICE OF FNE SNERIFF ~..., --a .. _~ ~_ ao 1 b ~v~ ~, Awl ~ •• ~o .-~ . r., ~:_. Case Number 2009-7099 SHERIFF'S RETURN OF SERVICE 04/08/2010 Ronald Hoover, Deputy Sheriff, who being duly sworn according to iaw, states that on 416110 at 1222 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 Elam Z. Obefiolzer, located at, 11 North Queen Street, Shippensburg, Cumberland County, Pennsylvania according to law. 04/20!2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Elam Z. Obefiolzer, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Elam Z. Obefiolzer, house at: 11 North Queen Street, Shippensburg, PA 17257. 05/27/2010 Property sale postponed to 7/7!2010. 07/07/2010 Properly sale postponed to 8/4/2010. 08/04/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to iaw, states that this writ is returned STAYED, per letter of instruction from Attorney Daniel Schmieg on 8.4.10 SHERIFF COST: $685.61 SO ANSWERS, August 04, 2010 RON R ANDERSON, SHERIFF ~.F~pP~< <'~_ Sa ~-p~'- ~~~ 77 ~9~ ~ ~~S~U Ic? CountvSuite Shenff. Teleosoft Inc NATIONAL CITY MORTGAGE, A DIVISION OF COURT OF COMMON PLEAS NATIONAL CITY BANK . IPlaintiff CIVIL DIVISION v. NO. 09-7099 CIVIL TERM ELAM Z. OBERHOLZER A/K/A ELAM Z. CUMBERLAND COUNTY OBERHOLTZER Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK, 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 11 NORTH QUEEN STREET, SHIPPENSBURG, PA 17257-1411. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER 2. Name and address of Defendant(s) in the judgment; Name SAME AS ABOVE. 2572 WENGER LANE CHAMBERSBURG, PA 17201-7847 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) FIRST NATIONAL BANK OF GREENCASTLE P.O. BOX 8 GREENCASTLE, PA 17225 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. 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 t Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 11 NORTH QUEEN STREET SHIPPENSBURG, PA 17257-1411 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. January 6, 2010 By: Attorney for Plaintiff 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 ^ urtenay R. Dunn, Esq., Id. No. 206779 drew C. Bramblett, Esq., Id. No. 208375 NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL COURT OF COMMON PLEA5 CITY BANK . CIVIL DIVISION Plaintiff N0.09-7099 CIVIL TERM vs. ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER 2572 WENGER LANE CHAMBERSBURG, PA 17201-7847 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WII,L 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 11 NORTH QUEEN STREET, SHIPPENSBURG, PA 17257-1411 is scheduled to be sold at the Sheriff s Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $107,064.72 obtained by NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 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. "1'o find out how much you must pay, you may call: 215-563-7000 x1230. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You maybe 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 maybe entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-7099 CIVIL TERM NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK vs. ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER owner(s) of property situate in the BOROUGH OF SHIPPENSBURG, Cumberland County, Pennsylvania, being (Municipality) 11 NORTH QUEEN STREET, SHIPPENSBURG, PA 17257-1411 Parcel No. 32-33-1869-029A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $107,064.72 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Shippensburg Borough, County of Cumberland, Commonwealth of Pennsylvania. BEGINNING at a stake at the corner of an alley; thence by that alley westward a distance of 59 feet to the corner of property now or formerly of Eddie L. Albright, III; thence by the said property northward a distance of 64 feet to the line of land now or formerly of James W. Kramer; thence eastward by the same a distance of 59 feet to the aforesaid public alley; thence by that alley southward a distance of 64 feet to the point and place of beginning, having thereon erected a two story frame house, the said house being in the rear of Nos. 11-13 North Queen Street, Shippensburg, Pennsylvania. TITLE TO SAID PREMISES VESTED IN Elam Z. Oberholzer, single, by Deed from Stephen L. Holtry, a married person, dated October 21, 2006, recorded October 31, 2006 in Book 277, Page 1746. PREMISES BEING: 11 NORTH QUEEN STREET, SHIPPENSBURG, PA 17257-1411 PARCEL N0.32-33-1869-029A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7099 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE, A Division of NATIONAL CITY BANK, Plaintiff (s) From ELAM Z. OBERHOLZER a/Wa ELAM Z. OBERHOLTZER (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 $107,064.72 L.L. $.50 Interest from 12/30/09 to Date of Sale ($17.84 per diem) -- $2,765.20 Atty's Comm Atty Paid $179.00 Plaintiff Paid Date: 1 /20/10 (Seal) Due Prothy $2.00 Other Costs David well, Protho t By: Deputy RrQUF,STING PARTY: Name: ANDREW C. BRAMBLETT, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 MKS Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 208375 ,~ ~,-_ ~(Jn March 22, 2010 the Sheriff levied upon the ~+ -v ; t~„_, `.~~ Qdefendant's interest in the real property situated in -_ ~._ _ ~hippensburg Borough, Cumberland County, PA, .~ mown and numbered as, 11 North Queen Street, Shippensburg, o N more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 . By: Real Estate Co dinator 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: April 16, Apri123, and Apri130, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. writ No. 2009-7099 Civil National City Mortgage Company a division of National City Bank vs. Elam Z. Oberholzer Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 09-7099 CIVIL, NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK vs. ELAM Z. OBERHOLZER A/K/A SLAM Z. OBERHOLTZER, owner of property situate in the BOROUGH OF SHIP- PENSBURG, Cumberland County, Pennsylvania, being 11 NORTH QUEEN STREET, SHIPPENSBURG, PA 1 7257-14 1 1. Parcel No. 32-33-1869-029A. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $107,064- .72. ~_ Lisa Marie Co ,Editor SWORN TO AND SUBSCRIBED before me this 30 da of Aril 2010 \ ~ / Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE 80ROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 r the Patriot-News 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~lahiot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16/10 WMt Na. 7'~ONl11nM'hrm a tlkirMiip~ d N~tlornl !~ly:Wnk rs: '~ ~» Elam Z O~he~ar ~ Afty: Ddfkil Sctinhg , Bgvirtuo of a Wr}t of Executioh N0.09-?D99 C1VI[,TERM , NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITl'BANIC vs. ELAIrI Z OBERFIOLZER A/KiA ELAM Z. oBI;xIIOLTZ~R Owau(s) of propeAy sitt+atc hi the BOROUGH OFSEDPPENSBURG, (.dGoi®ty, Pemsytvanis tieing (NJtiniapatitj')'11 NORTH QUEENSI'REET,BHIpPENSBURG, PA 17257- 1411 ~~ Parted No. 32_•33-1869.029A (Aae~ge or snvd add-~ees} Improvemeate thereon: RESIDENTIAL DWELLING IUDGMENT AMOUNT: $107,064.72 G-_ _~ \ worn to~~.ibscribed before m~this j f May, 2010 A.D. ry Public COMMONWEALTH 0,+ P~ ~LVANIA Nogrirwi Stiel Sherrie l.. KImN, Notary Publk Lower paxbon Twp., DauphM County My Commisslort pcplres Nov. 26, 2011 Member, Penr-sYlvania Assoclatlon of Notaries 04/23/10 04/30/10 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY COURT OF COMMON PLEAS BANK Plaintiff CIVIL DIVISION v ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/03/2010 to Date of Sale ($18.46 per diem) TOTAL NO.: 09-7099 CIVIL TERM CUMBERLAND COUNTY $112,315.76 $10,208.38 - n r rr3 J>? . tc; Ja ?': ? ? Phelan mieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff Note: Please attach description of property. PHS # 219156 S Leo • oo L' 8 F ( 85. (01 11 78.50 l4-oo " SSlo.1 ? - Fn A-n-y Cea. . 66 'W/J 4 & - w O a a O O O a z? Z w a H 0 W as U cu x 00 w ? ? N 0 H cV W ? ¢ NWWa V) < z?- d ?wx w Aa o ¢ ? ? °as ?• .? 3 Ww *0 u N W ¢3 ?W oa ? h ¢ a O N H z ° O w 0 0 N 0 a d a ? d w U rn a w Oo /??iyy{ a C ° w ? ? p ; C Q, O Ci. N Q I - I ` ? C :r y O z ? > w w ? a ¢ IN THE COURT OF COMMON PLEAS MAY 14 2010 CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE, A DIVISION Court of Common Pleas OF NATIONAL CITY BANK Plaintiff Civil Division V. ELAM Z. OBERHOLZER CUMBERLAND County A/K/A ELAM Z. OBERHOLTZER Defendant No. 09-7099 CIVIL TERM ORDER AND NOW, this /4l41Nday of M-W I , 2010, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $100,557.83 Interest Through June 2, 2010 $7,109.29 Per Diem $17.91 Late Charges $104.76 Legal fees $1,725.00 Cost of Suit and Title $1,581.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $339.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $898.38 TOTAL $112,315.76 Plus interest from June 2, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 219156 PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 jRI T M O TA 2 11 SE - I PM 10* C.UMBERLAND COUNTY NATIONAL CITY MORTGAGE, A DIVISION WIAM' A CITY BANK Plaintiff V. ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-7099 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 (X) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. --- Phelan Hallina ^ Sch)qiieg, LLP AtlisallF w z , id. No.309519 Attorney for NATIONAL CITY MORTGAGE, A DIVISION OF COURT OF COMMON PLEAS NATIONAL CITY BANK Plaintiff CIVIL DIVISION I? F 77`i'' ` r NO.: 09-7099 CIVIL TERM P/1 to:, ELAM Z. O ERHOLT ER OLZER A/K/A ELAM Z. PENNSYLVAN' 1A CUMBERLAND COUNTY Defendant(s) . PHS # 219156 AFFIDAVIT PURSUANT TO RULE 3129.1 NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK, 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 11 NORTH QUEEN STREET, SHIPPENSBURG, PA 17257-1411. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 2572 WENGER LANE CHAMBERSBURG, PA 17201-7847 11 NORTH QUEEN STREET SHIPPENSBURG, PA 17257-1411 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 be sold: Name Address (if address cannot be reasonably ascertained, please indicate) FIRST NATIONAL BANK OF GREENCASTLE PO BOX 8 GREENCASTLE, PA 17225 4. 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. 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 11 NORTH QUEEN STREET SHIPPENSBURG, PA 17257-1411 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 that false statements herein are made subject to the of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Phelan Hallinan & ?qmieg, LLP ison a s, sq., Id. No.309519 Attorney for Plaintiff ties NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL COURT OF COMMON PLEAS CITY B+NK, : CIVIL DIVISION Plaintiff : VS. ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER Defendant(s) NOTICE OF SHED TO: ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER 2572 WENGER LANE CHAMBERSBURG, PA 17201-7847 NO.: 09-7099 CIVIkTERM,.. C:: r , rn a) CUMBERLANDjbUN'Y ;? T C--) C> - :IFF'S SALE OF REAL PROPERTY, C c, - ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER 11 NORTH QUEEN STREET SHIPPENSBURG, PA 17257-1411 "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 11 NORTH QUEEN STREET, SHIPPENSBURG, PA 17257-1411 is scheduled to be sold at the Sheriff's Sale on 12/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $112,315.76 obtained by NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 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 together with improvements thereon lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a stake at the corner of an alley; thence by that alley westward a distance of 59 feet to the corner of property now or formerly of Eddie L. Albright, III; thence by said lands now or formerly of Eddie L. Albright, III, northward a distance of 64 feet to the line of land now or formerly of James W. Kramer; thence eastward by the same a distance of 59 feet to the aforesaid public alley; thence by that alley southward a distance of 64 feet to the point and place of beginning, having thereon erected a two story frame house, the said house being in the rear of Nos. 11-13 North Queen Street, Shippensburg, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Elam Z. Oberholzer, single, by Deed from Stephen L. Holtry, a married person, dated 10/21/2006, recorded 10/31/2006 in Book 277, Page 1746. PREMISES BEING: 11 NORTH QUEEN STREET, SHIPPENSBURG, PA 17257-1411 PARCEL NO. 32-33-1869-029A SHORT DESCRIPTION By virtue of a Writ of Execution NO. 09-7099 CIVIL TERM NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK VS. ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER owner(s) of property situate in the BOROUGH OF SHIPPENSBURG, Cumberland County, Pennsylvania, being (Municipality) 11 NORTH QUEEN STREET, SHIPPENSBURG, PA 17257-1411 Parcel No. 32-33-1869-029A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $112,315.76 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7099 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE, a division of NATIONAL CITY BANK, Plaintiff (s) From ELAM Z. OBERTHOLZER a/k/a ELAM Z. OBERHOLTZER (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: $112,315.76 L.L.: Interest from 6/3/10 to Date of Sale ($18.46 per diem) -- $10,208.38 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $886.11 Other Costs: Plaintiff Paid: Date: 9/1/11 r ?44x? David D. B ell, thonot?g (Seal) B Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 . , . . . • (~t f'~ ~`r~,w l i CoA~'~- ~ ~~.~..6 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF I 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONAL CITY MORTGAGE, A DIVISION : Court of Common Pleas OF NATIONAL CITY BANK : Plaintiff : Civil Division v. : CUMBERLAND County ELAM Z. OBERHOLZER . No.: 09-7099 CIVIL TERM A/K/A ELAM Z. OBERHOLTZER : Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on October 16, 2009. 2. Judgment was entered on December 30, 2009 in the amount of $107,064.72. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 219156 3. Plaintiff filed a priar Motion to Reassess Damages, which was granted by Order dated May 14, 2010, amending the judgment amount to $112,315.76. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit B. 4. 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 frorn the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 5. The Property is listed for Sheriffs Sale on December 7, 2011. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $100,557.83 Interest Through December 7, 2011 $17,012.16 Per Diem $17.91 Late Charges $104.76 Legal fees $2,350.00 Cost of Suit and Title $3,229.08 Sheriffs Sale Costs $685.61 Property Preservation $1,426.50 Appraisal/Brokers Price Opinion $110.00 Escrow Deficit $6,338.41 TOTAL $131,814.35 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 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 Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 219156 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 11, 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Wesley Oler, Jr. entered an order for Motion to Make Rule Absolute dated May 14, 2010 . WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP ~ DATE: By: ~ Melissa J. Cantwell, Esq ' ATTORNEY FOR PLAINTIFF 219156 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONAL CITY MORTGAGE, A DIVISION : Court of Common Pleas OF NATIONAL CITY BANK : Plaintiff . Civil Division V. : CUMBERLAND County ELAM Z. OBERHOLZER : No.: 09-7099 CIVIL TERM A/K/A ELAM Z. OBERHOLTZER : Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER 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 11 NORTH QUEEN STREET, SHIPPENSBURG, PA 17257-141 l. 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. 219156 In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage fareclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff s Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage 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 creditar to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Mor auaranty 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 219156 its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 219156 III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvailia law requires that the foreclosure action demand judgment for the amount due. Pa.RC.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffls 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 rnay be divested, and Plaintiff would sustain a complete loss on the 219156 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. VL ATTORNEY'S FEF,S 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 fze. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings an Loan Association v. Street Road Shoppin Cg enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. 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. 219156 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 ineurred 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. VIIL 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 219156 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 rriortgage 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 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. 219156 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. Phelan Hallinan & Schmieg, LLP DATE: By: - Melissa J. Cantwell, Esq ~ Attorney for Plaintiff 219156 , Exhibit "A" ~ 219156 PheIan Haltinan & Schmieg, LLP Iiy: Lawrence T. Phelan, Esq., Id. No. 32227 Attozney for Plaintiff Francis S. Hallinan; Esq., Id. No. 62695 Daniel G. Schxnieg, Esq,, Id. No. 62205 Michele M. Bradfard, Esq., Id. No. 69$49 Judith T. Romano, Esq., Id. No. 58745 Sheetai R. Shah-Jaru, Esq,, Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Szivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mu[cahy, 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 K. Dunn, Esq., Id. No. 206779 ~ ~c~rew C. Bramblett, Esq., Id. TVo. 208375 1617 JFK Boulevard, Suite 1400 ~ One Penn Ceriter Plaza fC-" Phiiadelphia, PA 19103 , T 215-563-7000 NATIONAL CITY MORTGAGE, A . CUMRERLANU COUNTY DNISION OF NA'I'IUNAL CITY BANK : COURT OF COMMON PLEAS vs. . : CIVIL DIVISION ELAM Z. OBERHOLZER A;: ; ELAM Z. OBERHOLTZER No. 09-7091 CIVIL TERFVi : rp< . I'R.AECTPE FOR IN REM JLIDGMENT FQR FAILURE TO ANS WER AND ASSESSMENT OF DAMAGES "TO THE PROTHONOTARY: KindJy etitez- jiidgtnent in favor of the Plaintiff aGt1d against ELAM Z. OBERHOLZER A!t£l.A, Et LAIYI Z, t7[3EI2H+t)[,,'['Z, Defendant(s) for failure to file an Answer to PlaintifPs ('ornplain[ vvitlYin 20 days.froni scn+ice thereof and for fore.clasure and sale of the mortgaged premzses; and assess Plaintiff's damages as follows; As set forEh in Complaint $105,743.56 Interest -10/1512009 to 12/29/2009 $1,361.16 TOTAL $107,064.72 I hereby certify that (1) the Defendant's last known address is 2572 WENGER LANE CHAMBERSBURG, PA 17201-7847, and mortgaged premises located at 11 NORTH QUEEN STREET. SHIPPENSBURG 1'A 17257-1411 and (2) that notice has been given in accordance with Kule 237.1, copy attached. ~ .~---a Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judit T. Rarnano, 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. Fiiakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire 4ndrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: a 30 ~ ~3~ • ~ PHS # 219156 P120THONOTARY Exhibit "B" 219156 . IN THC!', COURT UF COMMON PLLAS MAY 14 2010 CUMSLRLAND COC.JN7'Y, PEIYNSYT..:VANIA NATIONAL CITY MORTGAGE, A DIVIStON Court of Comrnon Pleas OF NA'T'TONAI, C[TY BANK Plaintiff Civi1 Division v. : ELAM Z. OBERHOLII:R CUMBERLAM) County AiK/A Et,AM Z. OBE.RHOC,TZER , Defendant . No. 04-7099 CIVIt., "I`ERM ()RDER AND NOW, this /4j4'4\4tay af M'a~./ , 2010, upon consideration of P(aintiff's ~ Motion to Make Rule Ausolute, it is hereby ORDERED and DECREED, that the kvle entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the abc7ve captained matter is hereby GR.ANTED. The Prothonatary is ordered to amend the judgment anri the 5heriff is ordered to arnend the writ nunc pro iunc as follows: Principal Balance $100,557.83 Interest Through June 2,2010 $7,109.29 F'er Diem $17.41 L,ate Charges $104.76 Legtil fees $1,725,00 Cost af Suit and Title $1,581.50 SherifPs Sate Costs $0.00 Property Inspections/ Property Preservatian $339.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Iizsurance Premium t $0.00 Private M.orkgage Insurance Non Sufficient Funds Charge $0.00 Sus}ense{N1ise. Credits ($p,00) Escrow Deficit $89$.38 TQTAL $112,315,76 Plus iziterest from June 2, 2010 tf-iraugh the date of sale at six percent per annum. I`'ote- '('he above figure is nat a payoff quote. Sheriffs commissian is nat included in the above figure. BY "T'HE COURT ;i. 21~315E; Exhl'bit ~~C" 21915Ci 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 11, 2011 ELAM Z. OBERHOLZER ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER A/K/A ELAM Z. OBERHOLTZER 2572 WENGER LANE 11 NORTH QUEEN STREET CHAMBERSBURG, PA 17201-7847 SHIPPENSBURG, PA 17257-1411 RE: NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK v. ELAM Z. OBERHOLZER, A/K/A ELAM Z. OBERHOLTZER Premises Address: l 1 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 CIJMBERLAND County CCP, No. 09-7099 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), 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 18, 2011. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be uided accor g : ~..~~-y=..___ Very truly Allis.on F. Wells, Esquire Attorney for Plaintiff Enclosure 219156 v.-1 ~ .r ~O oo -l a, Uh 1i w N ~ r w v., z w N O ~ - (p a » ~ d ~ ~ O~ ~ ~ CA ~A .r Z a ~ ~ ~ ~ , ~ o Ci7 C17 .-~y ~ F ?~I ~ 3 (D m o~ N N o ^ o ""s Cd Od ~ ~ ~ x 0 o A ~CD~ m N ~ ~ f~D ~ z ez cn a ~y ~ a :z b ~~x rA ~ ~ n y CD. 0 o ~ ~ V] N 3 o ~ ~ n o ^ o,oo ~ C ro m o ~ d ~ N~A~G a o ~ ~ N o~o s9 m n' n 3 x ~;301°O B w i3 w rIQ ~ .o c » Q'^ao R ~ ° a P'~ P~q " S ~ ~ ? ~ ! ~1 5 " ~ ' 7 RTNl.Y 6pyy[5 C ~ ~ • Q 0 2? M ~V 2.520 0004277256 OC?" 1 i 2011 ig MAILED FROM ZIP CdOE: 19 ? 0 3 N ~n,NS ~O ~ fD o ~ w Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONAL CITY MORTGAGE, A DIVISION : Court of Common Pleas OF NATIONAL CITY BANK : Plaintiff : Civil Division V. : CUMBERLAND County ELAM Z. OBERHOLZER : No.: 09-7099 CIVIL TERM A/K/A ELAM Z. OBERHOLTZER : Defendant CERTIFICATION OF SERVICE 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 individual on the date indicated below. ELAM Z. OBERHOLZER ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER A/K/A ELAM Z. OBERHOLTZER 2572 WENGER LANE 11 NORTH QUEEN STREET CHAMBERSBURG, PA 17201-7847 SHIPPENSBURG, PA 17257-1411 Phelan Hallinan & Schmieg, LLP DATE: g ~ Y• : ~ Melissa J. Cantwell, Esquire ATTORNEY FOR PLAINTIFF ' 219156 IA T? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK Plaintiff V. ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 09-7099 CIVIL TERM RULE AND NOW, this it day of d 2011, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. / -, BY THE COU T J. 219156 Melissa J. Cantwell, Esq., Id. No.308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER 2572 WENGER LANE CHAMBERSBURG, PA 17201-7847 ? ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER 11 NORTH QUEEN STREET SHIPPENSBURG, PA 17257-1411 219156 219156 11 IONO a - . IERLA D COUNT" "EHNSYLVANIA Phelan Hallinan & Schmieg, LLP William E. Miller, Esq., Id. No.308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK Plaintiff VS. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County ELAM Z. OBERHOLZER No.: 09-7099 CIVIL TERM A/K/A ELAM Z. OBERHOLTZER Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 26, 2011 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER 2572 WENGER LANE CHAMBERSBURG, PA 17201-7847 DATE: //- I- // ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER 11 NORTH QUEEN STREET SHIPPENSBURG, PA 17257-1411 P H an & Schmieg, LLP By: illiam E. Miller, Esquire Attorney for Plaintiff 219156 PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 )' t p L Attorney for Plaintiff j 'O: E_ r r,LL"„F ?"Dt:t? L tr D COUNTY JNS YLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE, A DIVISION OF CUMBERLAND COUNTY NATIONAL CITY BANK Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION ELAM Z. OBERHOLZER A/K/A ELAM Z. No.: 09-7099 CIVIL TERM OBERHOLTZER Defendant(s) 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 applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certif eturn Receipt stamped by the U.S. Postal Service is attached hereto E ' . / 1/m/11 Attorney for Plaintiff ? Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 219156 EXHIBIT "A" £OL G ! of 1 z o d3s w°a? ?Z a?i?yy -0 0 • ' . oZ ?' 9SZ(cWb " ANDWAIN; ?® ?d S31dy5 a N N 0 N O N r?i y 0 dV a? '° F y O W ? ar W a w a,a Tr ? fem. ? Her ?3v?i N b 6 N .-? w + .r ..>i - VJ'd 10 y dZa a a °v?'+ a W ? aw NaN ? o g a y " Vd ?a ?¢ ?v?az o w c ?[vrJic Q".ri ??' ? ??? 3 a > > a Ua U ,a ^ col? dv a v 00 z xw v v c Faa FOZ ? ?O SAW "o o?? , ez 6? y as nadir 4 zx?oa o Ez m w OOa ZH .,v?waC7AU? o ?d 0 00 U UAa:x.pOaDDc?Nx ..O * * * * _U y 'b N N C N 4. zzb r. N M er ¢ o a o A c {le 9 0..'a G W T' w ^ o $ c I N ?oot? w O G Le7 H ON o l ? N p0 e S. Lai -W ara W 0 V W ?o a "S N as a w as O N w0 o " 4 O W N Ev o ." o N -° a ( kn V C N N O p -87 E y z„ o.? ?a 4 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id ,No?Jg9p,ra t';t 1617 JFK Boulevard, Suite X400 One Penn Center Plaza 2 S r i ' Philadelphia, PA 19103 ' ' , `t `i COJ 215-563-7000 '. 4 t NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK Plaintiff vs. ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-7099 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 24, 2011. 2. 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 11, 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Wesley Oler, Jr. on or about October 26, 2011 directing the Defendant to show cause by November 15, 2011 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on November 2, 2011 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 219156 Defendant failed to respond or otherwise plead by the Rule Returnable date of November 15, 2011. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. P elan H roan & Schmieg, LLP DATE: By: Melissa J. Cantwell, Esquir Attorney for Plaintiff 219156 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 11, 2011 ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER 2572 WENGER LANE CHAMBERSBURG, PA 17201-7847 ELAM Z. OBERHOLZER A/.// ELAMZ. OBERHOLTZER 11 NORTH QUEEN STREET SHIPPENSBURG, PA 17257-1411 RE., NA'T'IONAL. CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK v. ELAM Z. OBERHOLZER, AIK/A ELAM Z. OBERHOLTZER Premises Address: 11 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 CUMBERLAND County CCP, No. 09-7099 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), 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 18, 2011. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accord itigly. ? - Very truly ir 111lisoii 17. Wells, l squire -, Attorney for Plaintiff Enclosure 219156 ?n rn N 0 0 v a ? a W o x? U ? v cc ? o rn '? y Q ? cam, V . ?oI C H ,a ? L C?7 0.! b W z¢o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NATIONAL CITY MORTGAGE, A DIVISION Court of Common Pleas OF NATIONAL CITY BANK Plaintiff Civil Division V. CUMBERLAND County ELAM Z. OBERHOLZER No.: 09-7099 CIVIL TERM A/K/A ELAM Z. OBERHOLTZER Defendant RULE AND NOW, this c,,(o'* day of . . Ctf 2011, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 219156 Phelan Hallinan & Schmieg, LLP William E. Miller, Esq., Id. No.3081J)5 ' `- All' ORNFY FOR PLAINTJF] 1617 JFK Boulevard, Suite 1400 E RETI . One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONAL CITY MORTGAGE, A DIVISION Court of Common Pleas OF NATIONAL CITY BANK Plaintiff Civil Division vs. CUMBERLAND County ELAM Z. OBERHOLZER No.: 09-7099 CIVIL TERM A/K/A ELAM Z. OBERHOLTZFR Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 26, 2011 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. ELAM Z. OBERHOLZER ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER A/K/A ELAM Z. OBERHOLTZER 2572 WENGER LANE 11 NORTH QUEEN STREET CHAMBERSBURG, PA 17201-7847 SHIPPENSBURG, PA 17257-1411 N I k a,? & Schmieg, LLP DATE: _ By: , illiam E. Miller, Esquire Attorney for Plaintiff' 219156 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK Plaintiff vs. ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-7099 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER 2572 WENGER LANE CHAMBERSBURG, PA 17201-7847 ELAM Z. OBERHOLZER A/K/A ELAM Z. OBERHOLTZER 11 NORTH QUEEN STREET SHIPPENSBURG, PA 17257-1411 Phelan Hallinan & Schmieg, LLP DATE: By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 219156 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE, A DIVISION Court of Common Pleas OF NATIONAL CITY BANK Plaintiff Civil Division • VS. CUMBERLAND Cou' r^^ ELAM Z. OBERHOLZER No.: 09-7099 CIVIL'M A/K/A ELAM Z. OBERHOLTZER ter" , 72 C] 3 Defendant c 3 71 ORDER -r o - ,-; upon consideration of Plaintif 2011 AND NOW this 2Z4 day of Nov a} , , , Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through December 7, 2011 Per Diem $17.91 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Preservation Appraisal/Brokers Price Opinion Escrow Deficit $100,557.83 $17,012.16 $104.76 $2,350.00 $3,229.08 $685.61 $1,426.50 $110.00 $6,338.41 TOTAL $131,814.35 Plus interest from December 7, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: ? Meltssa.,?. ?otn-h?el1. ?. ,es - c' ploLM Z .Oberhotzer / 04k` E4k Z - rhot+=er tr 219156