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10-1341
I : A RLECL- -r I IF ...'""My 20-10 FEB 24 Atyi fu: 40 (; f _ l-iY rT 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 230740 FIRST FRANKLIN FINANCIAL CORPORATION 150 ALLEGHENY CENTER MALL IDC 24-050 PITTSBURGH, PA 15212 Plaintiff V. JAMES J. APOLLONIO 912 BOSLER AVENUE LEMOYNE, PA 17043-1713 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. l d" f 35/? C1 u i ! . n CUMBERLAND COUNTY S rn -UU cK-? q?s? s7 r2`µ- ?aygsr File #: 230740 A 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 .y.t a. i . 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 i . (717) 249-3166 (800) 990-9108 File #: 230740 1. Plaintiff is FIRST FRANKLIN FINANCIAL CORPORATION 150 ALLEGHENY CENTER MALL, IDC 24-050 PITTSBURGH, PA 15212 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES J. APOLLONIO 912 BOSLER AVENUE LEMOYNE, PA 17043-1713 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/14/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIRST FRANKLIN A DIVISION OF NATIONAL CITY BAND which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1968, Page 3425. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2009 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 #: 230740 6. The following amounts are due on the mortgage: Principal Balance $137,074.54 Interest $3,848.56 10/01/2009 through 02/23/2010 (Per Diem $26.36) Attorney's Fees $650.00 Cumulative Late Charges $232.15 09/14/2006 to 02/23/2010 Non Sufficient Funds Charge $20.00 Costs of Suit and Title Search $-5s0_00 Subtotal $142,375.25 Escrow Credit $0.00 Deficit $423.28 Subtotal .491_ R TOTAL $142,798.53 7. Plaintiff is nat seeking a judgment-of:personal liability (or an in personam judgment) :. (!'x 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. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #e: 230740 w WHEREFORE, Plaintiff demands an in rern judgment against the Defendant(s) in the sum of $142,798.53, together with interest from 02/23/2010 at the rate of $26.36 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged,prop?erty. i , PHELAN HALLINAN & SCHMIEG, LLP ClIv?aAf>- By: 0 Lawrence T. Phelan, Us, , Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? theetal ith T. Romano, Esq., Id. No. 58745 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 'isoyalante P. Fliakos, Esq., Id. No. 94620 H,,Iq 11 Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 230740 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described in accordance with a survey of E.J. Walker, P.E. dated October 1, 1969, as follows, as wit: BEGINNING at a stake at the point of intersection of the southern line of Bosler Avenue and the line of adjoiner between Lot Nos. 77 and 78, Section F, on the hereinafter mentioned Plan of Lots, which point is 73.89 feet west of Ninth Street; thence South 15 degrees 30 minutes East, 140.50 feet by said line of adjoiner to a stake on the northern line of Apple Alley; thence South 74 degrees 30 minutes West by the northern line of Apple Alley; 35 feet to a stake on the line of adjoiner between Lot Nos. 76 and 77; thence by the latter, North 15 degrees 30 minutes West 140.50 feet to a stake on the southern line of Bosler Avenue; thence by the latter, North 74 degrees 30 minutes East, 35 feet to the point and place of BEGINNING. BEING Lot No. 77, Section F. on the Plan of Lemoyne, recorded in Deed Book 4J, Page 40, Cumberland County Records. UNDER AND SUBJECT to Acts of Assembly, County and Township Ordinances, rights of public utility and public service companies, existing restrictions and easements, visible or of record to the extent that any persons or entities have acquired legal rights-thereto. UNDER AND SUBJECT to restrictions and conditions as now appear of record. KNOWN as Tax Parcel # 12-22-0824-010 PREMISES: 912 BOSLER AVENUE, LEMOYNE, PA 17043-1713 File #: 230740 A The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: 0-1 2 Attorney for Plaintiff File #: 230740 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~~~~~ttiz, dt ~ufrttl~.~~~~b ~- c~cE c~F. .,~ ~ ffiRi~~ I1t~D-t~-r~ v~ 1~-lE P~'3TN4~1(}Ti4FIY 7DID MAR -4 FM I ~ 36 CUM~3~:.~ ;i.~~~~~~~ ~~UNIY ~~Ni~1~Y~„Ur~i~it~ First Franklin Financial Corporation vs. Case Number James J. Apollonio 2010-1341 SHERIFF'S RETURN OF SERVICE 02/26/2010 12:45 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on February 26, 2010 at 1245 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James J. Apollonio, by making known unto himself personally, at 912 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.30 March 01, 2010 TIM B C ,DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (c) Gbw?;,Suite Sheriff, ie!^^. :oft, h?::. D-OFFICE PHELAN HALLINAN, LLP OF THE LF OTHONOTARY Attorney for Plaintiff � �, i T (0 DD One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY Philadelphia,PA 19103 PENNSYLVANIA Zachary..Tones@phelanhallinan.com 215-563-7000 FIRST FRANKLIN FINANCIAL CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 10-1341 JAMES J. APOLLONIO Defendant MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff,by its counsel, Phelan Hallinan, LLP,petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, JAMES J. APOLLONIO, by certified mail and regular mail to JAMES J. APOLLONIO at 912 BOSLER AVENUE,LEMOYNE, PA 17043-1713 and posting 912 BOSLER AVENUE, LEMOYNE, PA 17043-1713 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for June 5, 2013. 2, Pennsylvania Rule of Civil Procedure (Pa.R.C.P) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant, JAMES J. APOLLONIO, with the Notice of Sale at the mortgaged premises, 912 BOSLER AVENUE, LEMOYNE, PA 17043-1713, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". No service was made as the property is vacant. 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit"B". 5. Plaintiff contacted the Prothontary's Office and as of April 1, 2013, no Judge has previously entered a ruling in this case. 6. In accordance with CUMBERLAND County Local Rule 208.3(9),Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on April 3, 2013and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs April 3, 2013letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9)attached hereto,made part hereof, and marked Exhibit "C". 7, Plaintiff submits that it has made a good faith effort to locate the Defendant, JAMES J. APOLLONIO, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to JAMES J. APOLLONIO at 912 BOSLER AVENUE, LEMOYNE, PA 17043-1713 and posting 912 BOSLER AVENUE, LEMOYNE, PA 17043-1713 and by publication. Ph4neypla, DATE: By. ., Id. No.310721 ff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 HK Boulevard, Suite 1400 Philadelphia,PA 19103 Zachary.Jones @phelanhallinan.com 215-563-7000 FIRST FRANKLIN FINANCIAL CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V, NO. 10-1341 JAMES J. APOLLONIO Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically,Pa.R.C.P. Rule 3129.2(c)provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, JAMBS J. APOLLONIO, are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a)provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff s return of"not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a"good faith effort" to discover the correct address. Adoption of Walker,468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3)examinations of local telephone directories,voter registration records, local tax records and motor vehicle records. As indicated by the return of service, hereto as Exhibit "A", the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to JAMES J. APOLLONIO at 912 BOSLER AVENUE, LEMOYNE, PA 17043-1713 and Posting 912 BOSLER AVENUE, LEMOYNE, PA 17043-1713 and by publication pursuant to PA.R.C.P. 3129.2. Phelan Halli L P DATE: �— �j ` �3 By: ary J ne , Esq., Id. No.310721 orn or laintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Zachary.Jones @phelanhallinan.com 215-563-7000 FIRST FRANKLIN FINANCIAL CORPORATION CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS ff V. CIVIL DIVISION JAMES J. APOLLONIO NO. 10-1341 Defendant CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification Of Service and Exhibits in the above captioned matter were sent by first class mail,postage prepaid to the following interested parties on the date indicated below. JAMES J. APOLLONIO 912 BOSLER AVENUE LEMOYNE, PA 17043-1713 Phelan Hallinan, LLP DATE: if' 6 By: *meyr No.310721 EXHIBIT " A s 230740 PLAINTIFF AFFIDAVIT OF SERVICE(FNMA) FIRSTF FIRST FRANKLIN FINANCIAL CORPORATION CUMBERLAND COUNTY PHS#230740 DEFENDANT JAMES J.APOLLONIO — T AMIh COURT NO;a 10.1341 SERVE JAMES J.APOLLONIO AT: TYPE OF ACTION 912 BOSLER AVENUE XX Notice of SherlYPs Sale LF.MOYNF.,PA 17043-1713 SALE DATE; June 5,2013 SERVED Served and made known to-JAMES J.APOLLONIO,Defendant on the_day of ,20 at _,o'clock_.M.,at ,in the manner described below: _Defendant personally served. _Adult family member with whom Defendunt(s)teside(s). Relationship is__ _Adult in charge of Defendant's residence who refused to give name in relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(,). _Agent or person in charge of Defendant's office or usual place of business, an officer of said Defendant's company. Other: Description; Age Height Weight Race_ Sex_Other _ h. a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of She,-rZffs Safe 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: NAME: . PRINTED NAME: TITLE: ( 1� 3 WXAFRVED.' Otiethe du op �C 20 at '06o'clock M.,1, �Jtl e`i .S state`t!hut earn ani�eaausec �' _ � :a competent adult hereby X Vacant —Does Not Exist Moved _Does Not Reside(Not Vacant) NO Answcr on Service Refused Other: I U derinaral th4 this,statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn ftilRi n Itiq �M dmrities, '� PRiN19 D A1P }'ri41 (JA A9'1'ORN6:Y K•'(1 t`PI AYN'1'If'1+ Phalan Hallman,LLy 1517 IFK Boulevard,Sure 1400 One Penn Cenmr Plaza Philadelphia,PA 19103 (215)5!3-7000 Process.Server Check List If Service is Made : Spouses Names if Applicable Wife : Hushl7in-j-; Divorced: Yes No 1 . Vacant ; Yes No 2 . Is there a name on the mailbox? Is it the defendants? 31 Neighbor Contact : yes No Left Side : Right Side :- 4 . For Sale Sign : Yes cx No Realtor Name : Company Name : Phone Number: 5 . Car in Drive Way Yes No Plate Number:— EXHIBIT "B " or w* or 130740 AFFIDAVIT OF GOOD FAITH INVESTIGATION 97 File Number: 230740 Attorney Firm: Phelan,Hallinan&Schmieg,LLP Subject: James J. Apollonio Property Address: 912 Bosler Avenue, Lemoyne, PA 17043 1.CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct James J.Apollonio-xxx-xx-9446 B. EMPLOYMENT SEARCH James J. Apollono-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that James J.Apollonio reside(s)at:912 Bosley Avenue, Lemoyne,PA 1.7043. II.INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which had no listing for James J. Apollonio,however did provide a listing for Jami J.Apollonio at.912 Basler Avenue, Lemoyne,PA 17043.On 03-22-13 our office made several telephone calls to'the phone number(717)730-3717 and.received the following information:no answer. B. On 03-22-13 our office searched directory assistance databases,which had no phone a� number for James J. Apollonio. III.INQUIRY OF NEIGHBORS On 03-22-13 our office made several phone calls in an attempt to contact Angela Donohoe (717) 737-2136, 904 Basler Avenue,Lemoyne, PA 17043: answering machine. On 03-22-13 our office made a phone call in an attempt to contact Sameh Hanna (717) l� 761-3561, 921 Bosler Avenue,Lemoyne,PA 17043: disconnected. On 03-22-13 our office made several phone calls in an attempt to contact Corinne A. Engle(717) 975-0745, 905 Basler Avenue,Lemoyne,PA'17043:no answer. IV.ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE", On 03-22-13 we reviewed the National Address database and found the following information:James J.Apollonio-912 Basler Avenue,Lemoyne,PA.17043. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address:no addresses on file. V.OTHER INQUIRIES A. DEATH RECORDS ! As of 03-22-13 Vital Records and all public databases have no death record on file for James J.Apollonio. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH James J. Apollonio-1961 B. A.K.A. James Joseph Apollonio;James T.Apollonio .Our accessible databases have been checked and cross-referenced for the above named individual(s). "Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to I.>� the penalties of 18 Pa C.S.Sec.4904 relating to unworn falsification to authorities. Amt cat; r .✓ _ hcnbdvn tidfo mnhmi is obtained from available public records and we are oNy llsble for diecost of the affidavit . i� M 1P �xniBIT. "C99 W Name and Phelan Hallinan,LLP CEO Address 1617 JFK Boulevard,Suite 1400 i 1� r o Of Sender One Penn Center Plaza E O Philadelphia, %PA 19103 LXI3 1 11 O Line Article Number Name of Addressee Street and Post Office Address Postage n 1 **** JAMES I APOLLONIO $0.46 � I 912BOSLERAVENUE m�a, LEMOYNE PA 17043-1713 vj a 2 •*** 50.46 r r s� RE:JAMES J.APOLLONIO CUMBERLAND TEAM 4 PHS#230740/1021 Page I of 1 ISO.92 Total Number of Total Number of pieces - Postmaster,per(Name of The full declaration of value is rayuind=all domestic and international registered mail. The maximum indemniry paynhlc Nooes Used by Sevda Received u Pmt 01Ece Receiving Employee) for the tecmatruaioa of nonnegotiable documems under Express Mail document reconstruction lam m,,is 550,000 pu piece subject to a limit of$500,000 per acumenca The mmdmum indemnity payable on Express Mail mcrchmdise is 5500. 7be maximum indemnity payable is S25,000 fa registered mail,sent with optional insurance See Dmestic Mail Manual RSg0 S9l3 and 5921 fm limitations of coverage. ****CONCURRENCE LETTER*** CODE 1016 LXH 230740 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.haineyna,ahelanhallinan.com LILY HAINEY,Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania and New Jersey April 3,2013 r JAMES J. APOLLONIO 912 BOSLER AVENUE LEMOYNE, PA 17043-1713 RE: FIRST FRANKLIN FINANCIAL CORPORATION v. JAMES J. APOLLONIO Premises Address: 912 BOSLER AVENUE,LEMOYNE,PA 17043-1713 CUMBERLAND County,No. 10-1341 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week,by April 10, 2013 Should you have any further questions or concerns,please do not hesitate to contact me. O he isc,please be guided accordingly. F> V truly youis, LILA 14AWEV,Legal Assigi9ft f r'PI Ian Hallinan,LLP 230740 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 FIRST FRANKLIN FINANCIAL Court of Common-Pleas CORPORATION Plaintiff Civil Division V. CUMBERLAND County "gin '7- JAMES J. APOLLONIO No.: 10-1341 ;"'M :z- ;�',== Defendant C)-n. + r h ,!- x w. PLAINTIFF'S MOTION TO REASSESS DAMAGES z C) 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 February 24, 2010. 2. Judgment was entered on January 30, 2013 in the amount of$171,030.09. 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 912 BOSLER AVENUE, LEMOYNE, PA 17043-1713 (hereinafter the "Property")'was postponed or stayed for the following reason: 230740 a.) The Defendant,JAMES J. APOLLONIO, filed a Chapter 13 Bankruptcy at Docket Number 1:10-02480 on March 29, 2010. The Bankruptcy was dismissed by order of court dated September 13, 2012. A true and correct copy of the Bankruptcy Court Order is attached hereto,made part hereof, and marked as Exhibit "B". 5. The Property is listed for Sheriffs Sale on June 5, 2013. 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 $132,835.62 Interest Through June 5, 2013 $11,641.27 Late Charges $232.15 Legal fees $1,600.00 Cost of Suit and Title $610.30 Property Inspections $432.00 Escrow Deficit $664.86 Suspense/Miscellaneous Credits ($2,871.64) TOTAL $145,144.56 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. 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 April 15, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. 230740 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". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. • Phelan Hallinan,LLP DATE: By: Allison . Z erman,Esquire ATTOBIXEY FOR PLAINTIFF 230740 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id.No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 FIRST FRANKLIN FINANCIAL Court of Common Pleas CORPORATION Plaintiff Civil Division V. CUMBERLAND County JAMES J. APOLLONIO No.: 10-1341 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JAMES J.APOLLONIO 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 912 BOSLER AVENUE, LEMOYNE, PA 17043-1713. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured,Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 230740 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 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 230740 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. I1I. 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 Sheriff s 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 230740 Discount Company v. Babuscio,257 Pa. Super 101, 109, 390 A.2d 266,270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. 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. 230740 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 g 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). 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). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 230740 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage,Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from 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. 230740 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. 230740 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. 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 P DATE: By: ZI UV Vi lison . Z erman, Esquire AftoTSy,Kr Plaintiff 230740 Exhibit "A" 230740 e PHELAN HALLINAN,LLP Attorney for Plaintiff Jonathan Lobb,Esq.,Id.No.312174 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza i �� r�`s, '� Philadelphia, PA 19103 215-563-7000 FRANKLIN FINANCIAL CUMBERLAND COUNTY FEW— FIRST W q°+ CORPORATION s■ m-n COURT OF COMMON PLEAg►C �c z n VS. CIVIL DIVISION JAMES J.APOLLONIO o No.10-1341 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES , _'r .� TO THE PROTHONOTARY: ALL` Kindly enter judgment in favor of the Plaintiff and against JAMES J.APOLLONIO. Defendant 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 $142,798.53 Interest-02/23/2010 to 01/28/2013 $28,231.56 TOTAL $171,030.09 I hereby certify that(1)the Defendant's last known address is 912 BOSLER AVENUE, ' LEMOYNE,PA 17043-1713, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 1- ettotey Esq.,Id.No.312174 for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 3n PROW18507=7 230740 Exhibit "B" 230740 Order Dismissing Case(Form ordscs)(01/12) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA in re: Debtor(s)(name(s)used by the debtor(s)in the last 8 years,including married,maiden,and trade): James J Apollonio Chapter 13 Debtor(s) Case No. 1:1 0—bk-02480—MDF ORDER DISMISSING CASE Upon consideration of the Motion to dismiss case and it having been determined after notice and opportunity for hearing,that the case should be dismissed,it is ORDERED that the above—named case of the debtor(s)be and is hereby dismissed. Dated: September 13,2012 By the Court, United States Bankruptcy Judge Case 1:10-bk-02480-MDF Doc 37 Filed 09/13/12 Entered 09/13/12 12:48:19 Desc Order Dismissing Case Page 1 of 1 Exhibit "C" 230740 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 1 Pennsylvania and New Jersey April 15,2013 JAMES J. APOLLONIO 912 BOSLER AVENUE LEMOYNE,PA 17043-1713 RE: FIRST FRANKLIN FINANCIAL CORPORATION v. JAMES J. APOLLONIO Premises Address: 912 BOSLER AVENUE LEMOYNE,PA 17043 CUMBERLAND County CCP,No. 10-1341 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days,by 4/20/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, Allison'" -ue ati, q, Id.No.309519 Attorney for. Enclosure 230740 • Name and Phelan Hallinan,LLP Address 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plaza (D n Philadel hi PA 1.9103 KVM Line Article Number Name of Addressees Street,and Post Office Address Post e 1 "*•« JAMES J.APOLLONIO CD $0.46 i �0 0.� 912BOSLER AVENUE ^, LEMOYNE PA 17043-1713 c ] m RE:JAMES J.APOLLONIO CUMBERLAND PHS#1230740/1200 Page I or 1 11 0 Toni Number y Tool od si P o Office Rosboashr,Per ayte) of The full datrmim of aloe is required on an domestic and ftsemniowl relfiucred mrl.The= � �H a q Pieces Ilsted by Sender Rceci.rd as Pox tWioe Receiving PloY�l for the tewcubumon of oortnepotioble docurnews wWer Express MA dom m n moonstrumon ins Piece V?*ot to a linty of SSW,Oap Per cocorrerree.The msnmara mdemmty psysbie os Express t ,} The enuiowm indemnity psysbk is Sis.00a fdr registered mail.smt wih optional mss Seel R9oo 5913 and 5921 forlimkrian ofcovaa Form 3877 Facsimile _ 1 i f I I i i I 230746 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 alison.zuckerman@phelanhallinan.com 215-563-7000 FIRST FRANKLIN FINANCIAL Court of Common Pleas CORPORATION Plaintiff Civil Division V. CUMBERLAND County JAMES J. APOLLONIO No.: 10-1341 Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. JAMES J. APOLLONIO 912 BOSLER AVENUE LEMOYNE, PA 17043-1713 Phelan Hallinan, DATE: By; A iso . Zuckerman, Esquire AT ORNEY FOR PLAINTIFF 230740 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIRST FRANKLIN FINANCIAL Court of Common Pleas CORPORATION Plaintiff Civil Division V. CUMBERLAND County JAMES J. APOLLONIO No.: 10-1341 Defendant RULE AND NOW,this 21' day of 2013, 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 T COURT r / J. r r"q W . Mai O <)> ' is C) E3C") 230740 Allison F.Zuckerman,Esq.,Id.No.309519 Phelan Hallinan,LLP 1.617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 JAMES J. APOLLONIO 912 BOSLER AVENUE LEMOYNE,PA 17043-1713 230740 230740 r ' f � a CMi .ti S =W Xr. �7 -•C PHELAN HALLINAN,LLP Attorney for Plaintiff 2: Adam H.Davis,Esq.,Id.No.203034 r a` cD C:) 1617 JFK Boulevard,Suite 1400 p© � -." One Penn Center Plaza _ Philadelphia,PA 19103 215-563-7000 C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA FIRST FRANKLIN FINANCIAL CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION JAMES J.APOLLONIO Defendant(s) No.: 10-1341 AFFIDAVIT OF.SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(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) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,Id.No.203034 / Attorney for Plaintiff Date: f IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not a. be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS#230740 Name and Phelan Hallinan,LLP Address 1617 JP.K Boulevard,Suite 1400 $ � CO r°r Of Sendcr Ono Penn Center Plam ' M Philadelphia,PA 19103 AZK/SCS-06/05/2013 SALE a. Line Article Number I Name of Addressee Street,and Post Office Address Posta a I **** TENANT/OCCUPANT $OA4 4.*m 912 BOSLF.R AVENUE LEMOY PA 17043.1713 i 2 **** BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA $0.44 RECORDS PROCESSING SERVICES NQ°o� 577 LAMONT ROAD- ELMHURST IL 60126 . 3 *•*• BENEFICIAL CONSUM FA DISCOUNT COMPANY WWA BENEFICIAL MORTGAGE CO OF PENNS),LVANIA $0,44 7368 PAXTON STREET • HARRISBURG PA 17111 4 **** BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA C/O S0A4 JANINE M.SHEAFFER 7• 4910 CARLISLE PIKE t SUITE 104-HAMPDEN CENTER �.` } M.ECHANICSBURG PA 17050 5 **+* COMMERCE BANK/HARRISBURG,N.A. t r r 1102 CARLISLE ROAD M SOA4 CAMP HILL,PA 17011 b •xxx COMMERCE BANKIHARRTSBURG,N.A. $0.44 100 SENATE AVENUE L CAMP HELL,PA 17011 7 ♦*+• DOMESTIC RELATIONS OF $OA4 CUMBERLAND COUNTY s ' J3 NORTH HANOVER STREET CARLISLE PA 17013 8 *•** COMMONWEALTH OF PENNSYLVANIA S0,d4 DEPARTMENT OF WELFARE, P.O.BOX 2675 c HARRISBURG PA 17145 9 xxxx INTERNAL REVENUE SERVICE ADVISORY• $0.44 1000 LIBERTY AVENUE ROOM 704 t PrI7TSBURGH,PA 15222 IO **+* U.S,DEPARTMENT OF JUSTICE $0.44 U.S.ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING b U8 WALNUT STREET,SUITE 220 PO BOX 11754 HARRISBURG PA 17108-1754 PNtO ""�3'f!' Ii3O7"tMI sl�rwrall'rJt� ttrlr' $4,40 Tad ttumTer at T�pd:Yrrayer otPrtcu Pwlwaltr:t4r/Kane of It.full daluk.V gtye it realoFtd end!dermntkanG irXemrakwutnjMUnd meil.7tre rracfmuri,iedemapy PrjsAk Peus Llv<d br Sendcr Received a Pad offs Rmi4ftr rop"vt) faeelc eeeamvuctivn of rkv+rxtolieEk daetrmeeu axder Papcsy hleJ dnwmem rrnrnsrronian GnvrnnaehS3t1.OD7 per piert roljeet to y amN of SS00.d00 pa acurreKe.7k rnheirnuo+ukmrinr p3yDte a Express hta'1 nxnlwiNix t.S3aa. The maxtawrn{�drmniir peyaLk i+37S.OD0 far rcSimvpf xxt6 sem.«Kh u{R)wul in.rsnn,See 4wrrxrk 4sq SfawW Rri00 S9 7 aM SO21 fw Iimitpianx atrnren Form 3877 Facsimile OF THE ROHONgOTARY 2013 NAB' -9 AM 9: 514 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 FIRST FRANKLIN FINANCIAL Court of Common Pleas CORPORATION Plaintiff Civil Division vs. CUMBERLAND County JAMES J. APOLLONIO No.: 10-1341 Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 30, 2013 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. JAMES J. APOLLONIO 912 BOSLER AVENUE LEMOYNE, PA 17043-1713 Phelan allina LP DATE: _ By: Jonat M. Etkowicz, Esq., Id.No.208786 Atto ey for Plaintiff 230740 IT'I t"F`O r0'F'r=1 OF THE PROs iiONOTAR`4 Phelan Hallinan, LLP p Jonathan Lobb,Esq., Id. No.312M3 PLAY 24 ANN 9' ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400CUMSERLANo COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 FIRST FRANKLIN FINANCIAL Court of Common Pleas CORPORATION Plaintiff Civil Division vs. CUMBERLAND County JAMES J. APOLLONIO No.: 10-1341 Defendant MOTION TO MAKE RULE ABSOLUTE FIRST FRANKLIN FINANCIAL CORPORATION,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 April 23, 2013. 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 April 15, 2013 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 Kevin A. Hess on or about April 30, 2013 directing the Defendant to show cause by May 21, 2013 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 May 8, 2013 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. 230740 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 21, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: 7 By: Jon an Lobb,Esq.,Id.No.312174 Attorney for Plaintiff 230740 Exhibit "A" 230740 PHELAN HALLINAN, LLP 1617 Jolm F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 5.63-3459 Phelan Hallinan, LLP Representing Lenders in r Pennsylvania and New Jersey April 15,2013 JAMES J. APOLLONIO 912 BOSLER AVENUE LEMOYNE, PA 17043-1713 RE: FIRST FRANKLIN FINANCIAL CORPORATION v. JAMES J.APOLLONIO Premises Address: 912 BOSLER AVENUE,LEMOYNE,PA 17043 CUMBERLAND County CCP,No. 10-1341 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 4/20/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, Allison fuc 7ia ,sq7, Id.No.309519 Attgrnr; for d-intil Enclosure 230740 Name and Phelan Hallinan,LLP ; Address 1617 JFK Boulevard;Suite 1400 Of Sender One Penn Center Plaza Philadelphia,PA 19103 KVM Line Article Number Name of Addressee Street,and Post Office Address Postage i "+•• JAMES J.APOLLONIQ $0.46 p a 912BOSLERAVENUE LEMOYNE PA 17043-1713 RE:JAMES J.APOLLONIQ CUMBERLAND PHS#1 23074011200 Page 1 of 1 SOA6 l r o � mC^ Tout Number of Taal Numbs otPieees Pailmastmr,Par(Nome of The full dmWwim orvsime is wtuired on all doammic and im mniaul reginered mu'i.The mar N q C Praes listed by Serder .Received m Pori W.a Recsiving'Employee) foe I taar�etioo of iabk doaonanu under .. .. 000negoi" FVwWl doemnrntreeoostruction Fn; _ , 'j- piae aubjsq toalim,Totg300,000 per ncatrtcnu.TOemarimum indemnity payable oa Faynettf .��, , The maaitnam indem ity psysbk is$25,000 for rcgis&W mail,aem w0 apdonal inznrarrom Sx }" R900S913and5921 rorhmhaimnof Forth 3877 Facsimile p a I 23074( .Exhibit "B" 230740 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIRST FRANKL,IN FINANCIAL Court of Common Pleas CORPORATION Plaintiff Civil Division V. CUMBERLAND County JAMES J. APOLLONIO No.: 10-1341 Defendant RULE AND NOW, this day o > , 2013, 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 TPE COURT r J. C � •t 5;m �r rT7 _ s 230740 Exhibit "C" Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id.No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One'Penn Center Plaza Philadelphia,PA 19103 jonathan.etkowicz@phelanliallinan.com 215-563-7000 FIRST FRANKLIN FINANCIAL Court of Common Pleas CORPORATION Plaintiff Civil Division vs; CUMBERLAND County JAMES J. APOLLONIO No.: 10-1341 Defendant . CERTIFICATION.,OF_SERVICE I hereby certify that a true and correct copy of the Court's April 30,2013 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. JAMES J.APO.LLONIO 912 BOSLER AVENUE LEMOYNE,PA 17043-1713 Phelx� allata 'P DATE: l3 By: P .Jon ll .ri.:M.Etkowicz,.Esq.,Id.No.208786 Ail' eV,for Plaintiff 230740 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite.1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 FIRST FRANKLIN FINANCIAL Court of Common Pleas CORPORATION Plaintiff Civil Division vs. CUMBERLAND County JAMES J. APOLLONIO No.: 10-1341 Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. JAMES J. APOLLONIO 912 BOSLER AVENUE LEMOYNE, PA 17043-1713 Phelan Hallinan, LLP DATE: �. .3 By: J than Lobb, Esq.,Id.No.312174 Attorney for Plaintiff 230740 L I' r0 41'F 10'E m: T HE P R IN THE COURT OF COMMON PLEAS 2013MAY29 AM11: 07 CUMBERLAND COUNTY,PENNSYLVANIA CUMBERLAND COUNTY FIRST FRANKLIN FINANCIAL Court of CoRWMLAWACIA CORPORATION Plaintiff Civil Division vs. CUMBERLAND County JAMES J. APOLLONIO No.: 10-1341 Defendant ORDER AND NOW,this I day of ^A� 2013, upon consideration of Plaintiffs 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 $132,835.62 Interest Through June 5, 2013 $11,641.27 Late Charges $232.15 Legal fees $1,600.00 Cost of Suit and Title $610.30 Property Inspections $432.00 Escrow Deficit $664.86 Suspense/Misc. Credits ($2,871.64) TOTAL $145,144.56 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. i2cr 11cs M—tt LC BY T COURT: h4l,-t j. 44� J J. 230740 'E PR T 0 TA RY PAELAN HALLINAN, LLP Attorney for Plaintiff 2013 JUN -5 An 10: 18 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTy One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 FIRST FRANKLIN FINANCIAL CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO. 10-1341 JAMES J. APOLLONIO Defendant AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 1 hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail,return receipt requested,to JAMES J. APOLLONIO on APRIL 29,2013 in accordance with the Order of Court dated APRIL 195 2013. The property was posted on MAY 4,2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan Hallinan, LLP DATE: 61(1//-3 By: i A/ Jonagn Lobb, Esq., Id. No.312174 Attorney for Plaintiff - -SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson =irk. f -0F F itrl= Sheriff 01 hh-E PROO*F}�G��`�O TAP," ��ti�rwzr of Jody S Smith d 29 1 3 AUG 27 AN 9: 5-17 a Chief Deputy k Richard W Stewart ',F CUMBERLAND COUNTY Solicitor OFFICE OF T PE SHERIFF PENNSYLVANIA First Franklin Financial Corporation Case Number vs. 2010-1341 James J. Apollonio SHERIFF'S RETURN OF SERVICE 04/03/2013 12:21 PM - Deputy Shawn Harrison, 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 912 Bosler Avenue, Lemoyne Borough, Lemoyne, PA 17043, Cumberland County. 04/11/2013 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: James J.Apollonio, 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 912 Bosler Avenue, Lemoyne, PA 17043, address is vacant, defendant did not leave a forwarding address with the post office. 06/05/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on June 5, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk, on behalf of Federal Natoinal Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $940.45 SO ANSWERS, August 19, 2013 RON R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Irc. ;r FIRST FRANKLIN FINANCIAL CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 10-1341 JAMES J.APOLLONIO Defendant(s) : CUMBERLAND COUNTY PHS #230740 AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST FRANKLIN FINANCIAL CORPORATION,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 Iocated at 912 BOSLER AVENUE,LEMOYNE,PA 17043-1713. l. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) JAMES J.APOLLONIO 912 BOSLER AVENUE LEMOYNE,PA 17043-1713 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) JAMES J.APOLLONIO 912 BOSLER AVENUE LEMOYNE,PA 17043-1713 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) COMMERCE BANWHARRISBURG,N.A. 1102 CARLISLE ROAD CAMP HILL,PA 17011 COMMERCE BANKMARRISBURG,N.A. 100 SENATE AVENUE CAMP HILL,PA 17011 BENEFICIAL CONSUMER DISCOUNT RECORDS PROCESSING SERVICES COMPANY D1B/A BENEFICIAL MORTGAGE 577 LAMONT ROAD CO OF PENNSYLVANIA ELMHURST,IL 60126 BENEFICIAL CONSUMER DISCOUNT 3368 PAXTON STREET COMPANY DIBIA BENEFICIAL MORTGAGE HARRISBURG,PA 17111 CO OF PENNSYLVANIA x a r BENEFICIAL CONSUMER DISCOUNT 4910 CARLISLE PIKE COMPANY DJB/A BENEFICIAL MORTGAGE SUITE 104-HAMPDEN CENTER CO OF PENNSYLVANIA MECHANICSBURG,PA 17050 C/O JANINE M.SHEAFFER 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 Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 912 BOSLER AVENUE LEMOYNE,PA 17043-1713 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.DEPARTMENT 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 statements herein are made subject to the penalties of 18 Pa. G.S.A. § 4904 relating to unsworn falsification to authorities. Date: zj ay: an �,LLP llison F.Zu � , q.,Id.No.309519 Attorney for Plaintiff FIRST FRANKLIN FINANCIAL CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 10-1341 t JAMES J. APOLLONIO CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JAMES J.APOLLONIO 912 BOSLER AVENUE LEMOYNE,PA 17043-1713 "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 912 BOSLER AVENUE,LEMOYNE,PA 17043-1713 is scheduled to be sold at the Sheriff's Sale on 06/05/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$171,030.09 obtained by FIRST FRANKLIN FINANCIAL CORPORATION(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 i LEGAL DESCRIPTION . ALL THAT CERTAIN tract of land situate in the Borough of Lemoyne,Cumberland County,Pennsylvania, bounded and described in accordance with a survey of E.J.Walker,P.E.dated October 1, 1969,as follows,as wit: BEGINNING at a stake at the point of intersection of the southern line of Bosler Avenue and the line of adjoiner between Lot Nos.77 and 78,Section F,on the hereinafter mentioned Plan of Lots, which point is 73.89 feet west of Ninth Street; thence South 15 degrees 30 minutes East, 140.50 feet by said line of adjoiner to a stake on the northern line of Apple Alley;thence South 74 degrees 30 minutes West by the northern line of Apple Alley; 35 feet to a stake on the line of adjoiner between Lot Nos.76 and 77; thence by the latter, North 15 degrees 30 minutes West 140.50 feet to a stake on the southern line of Bosler Avenue;thence by the latter,North 74 degrees 30 minutes East,35 feet to the point and place of BEGINNING. BEING Lot No.77,Section F.on the Plan of Lemoyne,recorded in Deed Book 4J,Page 40,Cumberland County Records. UNDER AND SUBJECT to Acts of Assembly,County and Township Ordinances,rights of public utility and public service companies,existing restrictions and easements,visible or of record to the extent that any persons or entities have acquired legal rights thereto. UNDER AND SUBJECT to restrictions and conditions as now appear of record. TITLE TO SAID PREMISES IS VESTED IN James J. Apollonio, a married individual, by Deed from Diane L. Rengle, an adult individual,by her Attorney-in-Fact Ann Schwartz, dated. 09/14/2006, recorded 10/06/2006 in Book 277, Page 187. PREMISES BEING: 912 BOSLER AVENUE,LEMOYNE,PA 17043-1713 PARCEL NO. 12-22-0824010 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-1341 FIRST FRANKLIN FINANCIAL CORPORATION vs. JAMES J. APOLLONIO owner(s) of property situate in the BOROUGH OF LEMOYNE, Cumberland County, Pennsylvania, being (Municipality) 912 BOSLER AVENUE,LEMOYNE,PA 17043-1713 Parcel No. 12-22-0824-010 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $171,030.09 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 2010-1341 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST FRANKLIN FINANCIAL CORPORATION Plaintiff(s) From JAMES J. APOLLONIO (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 GARNISHEES)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the gamishee(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: $171,030.09 L.L.: $.50 Interest FROM 01/29/2013 TO DATE OF SALE($28.11 PER DIEM)-$3,598.08 Atty's Comm: Due Prothy: $2.25 Atty Paid: $180.30 Other Costs: Plaintiff Paid: Date: 3/1/2013 David D. Buell,Prothonotary yy/ (Seal) Deputy REQUESTING PARTY: Name: ALLISON F.ZUCKERMAN,ESQ. Address: PHELAN HALLINAN,LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 1.9103 Attorney for: PLAINTIFF Telephone: 215-563-7000 TRUE COPY[FROM RECORD Supreme Court ID No.309519 In Testimony whereof,i here unto set my hand and the sop.of said Cou t Caflisle,Pa. 3 This L�._ dayyofi° ,20 pfOthonO On March 12, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA, Known and numbered as 912 Bosler Avenue, Lemoyne, more fully described on Exhibit."A" filed with this writ and by this reference incorporated herein. Date: March 12, 2013 By: Real Estate Coordinator �Z CUMBERLAND LAW JOURNAL Writ No. 2010-1341 Civil FIRST FRANKLIN FINANCIAL CORPORATION vs. JAMES J.APOLLONIO Atty.:Joseph P. Schalk By virtue of a Writ of Execution NO. 10-1341, FIRST FRANKLIN FI- NANCIAL CORPORATION vs.JAMES J. APOLLONIO owner(s) of property situate in the BOROUGH OF LE- MOYNE,Cumberland County,Penn- sylvania, being 912 BOSLER AV- ENUE,LEMOYNE,PA 17043-1713. Parcel No. 12-22-0824-010. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$171,030- .09. 18 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 12, April 19 and April 26, 2013 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. Li Marie Coyne, Ea or SWORN TO AND SUBSCRIBED before me this 26 day of April, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28. 2014 The Patriot-News Co. 2020 Technology Pkwy e a tr1*otwXtws Sdite 360 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE 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 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 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: 04/16113 • 2010-1341 CIVII 04/23113 FIR T FRANKLIN FINANCIAL 04130/13 CORPORATION VS. FIR J.APOLLONIO Aft JoSOPh P Schalk . . . . . . . . . . . . . . . . . . . . . . . . . . . . BY virtue of a Writ Of Execution NO, 10� 1341 CMI - Sworn to and subscribed before me this 13 day of May, 2013 A.D. CFIORRPT RA77FO UN FINANCIAL vs. q q" JAMB J'A'pOLLONIO — — I owner(s) Of properly situate in the otary Public BOROUGH OF LFMOM Cumberland County,Pennsylvania,being (Municipality) 912 BOSLER AVENUE,LEMOYNE,pA 17043-1713 rCOMMONWEA TH OF PENNSYLVANIA Notarial sea' public el Notary Pu y Tf ' _Oun n P.,Dauphin 12 2016 h n I ires Dec. _' SS I Sso 110tJ OF NOT '=M Parcel No.12-22-0824-010 Notarial seal (Acreage or street address) Holly Lynt N( Notary Public Improvements thereon: RF .SIDENTIAL Holly,Lynn Warfel Washington w Dauphin County DWELLING washington Tw -, MY commission IEP,Expires Dec.12,2016 JUDGMENT AMOUNT$171,030.09. k L N A EA n OF NOTAPIES MEMBER PENNSYLVANIA SO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: 1, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federalf National Mortgage Association is the grantee the same having been sold to said grantee on the 5th day of June A.D., 2013, under and by virtue of a writ Execution issued on the 1 st day of March, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 1341, at the suit of First Franklin Financial Corporation against James J. Apollonio is duly recorded as Instrument Number 201328466. IN TESTIMONY WHEREOF, I have hereunto set my hand --V and seal of said office this day of A.D. - ' 7 (�(J , Recorder of Deeds_ Re er d Counly,Caftle,PA My Commission the Fast Monday of Jan.2014