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HomeMy WebLinkAbout10-2321FIEE) Tl °<JTARY v°d 20110 Am 11 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 234849 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVING, TX 75063 Plaintiff V. EDWARD A. WOOLFORD, III 5340 RIVENDALE BOULEVARD MECHANICSBURG, PA 17050-2264 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. la - ?3Z ( L Ea-mot CUMBERLAND COUNTY C'IVIT, ACTION - LAW COMPLAINT IN MORTGAGE FORF.(:'i OSURF 1q--Z.ov e g33 q4? File #: 234849 bt? Q (/6 ?/ 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 234849 1. Plaintiff is METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: EDWARD A. WOOLFORD, III 5340 RIVENDALE BOULEVARD MECHANICSBURG, PA 17050-2264 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/21/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIRST HORIZON HOME LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1941, Page 1256. By Assignment of Mortgage recorded 06/12/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200919972. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2009 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 #: 234849 6 The following amounts are due on the mortgage: Principal Balance Interest 11/01/2009 through 04/06/2010 (Per Diem $42.55) Attorney's Fees Cumulative Late Charges 02/21/2006 to 04/06/2010 Mortgage Insurance Premium / Private Mortgage Insurance Costs of Suit and Title Search TOTAL 7 8 9. $245,074.70 $6,680.35 $650.00 $397.35 $30.00 $253,382.40 Plaintiff is not seeking a judgment of personal liability (or an in nersonam 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. 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File #: 234849 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $253,382.40, together with interest from 04/06/2010 at the rate of $42.55 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 property. & SCHMIEG, LLP By: LJ Lawrence T. Phelan, Esq., Id. No. 32227 ?? Francis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 234849 LEGAL DESCRIPTION ALL THAT CERTAIN Unit, being Unit No. 16 (the 'Unit'), of Brandywine, A Planned Community (the 'Community'), such Community being located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Covenants and Restrictions for Brandywine, A Planned Community (the 'Declaration') and Declaration Plats and Plans recorded as an exhibit thereto in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 716, Page 1231, together with any and all amendments thereto. TOGETHER with the undivided Allocated Interest appurtenant to the Unit as more particularly set forth in the aforesaid Declaration, as last amended. TOGETHER with the right to use any Limited Common Elements appurtenant to the Unit being conveyed herein, pursuant to the Declaration and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to a certain Declaration of Easements dated March 28, 2005, and recorded in Cumberland County Miscellaneous Book 716, Page 1226; to the Declaration; to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid Office; and to matters which a physical inspection or survey of the Unit and Common Elements would disclose. BEING KNOWN AND NUMBERED as 5340 Rivendale Boulevard, Mechanicsburg, Pennsylvania. PARCEL NO. 10-15-1282-076 File #: 234849 f 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: - liho ttrney for lamtiff File #: 234849 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA vs. EDWARD A. WOOLFORD, III Attorney for Plaintiff n ~ ,: ; c - - ~-~ . ;_~ f~, _ --~ :~ <: ~ ` , - _ ~ . ..~: N _r~ ~., "__~ ~j ~ .~ ~ o ` ~ -: ~ ~ : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2321-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: '~ Kindly enter judgment in favor of the Plaintiff and against EDWARD A. WOOLFORD. III, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffl s damages as follows: ~~t/ Qd ~d any c~g~1Sy~~b ,~~ rya ~/ ~ /~o~fycc ~6Y cl,~ As set forth in Complaint $253,382.40 Interest - 04/07/2010 to 05/25/2010 TOTAL $2,084.95 $255,467.35 I hereby certify that (1) the Defendant's last known address is 5340 RIVENDALE BOULEVARD, MECHANICSBURG, PA 17050-2264, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquit'~^ Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~ - d-~ ' ~~ PHS # 234849 PROTHONOTARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA vs. EDWARD A. WOOLFORD, III Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2321-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant EDWARD A. WOOLFORD, III is over 18 years of age and resides at 5340 RIVENDALE BOULEVARD, MECHANICSBURG, PA 17050-2264. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. awrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ~Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) -Revised METLIFE HOME LOANS A DIVISION CUMBERLAND COUNTY OF METLIFE BANK NA COURT OF COMMON PLEAS vs. EDWARD A. WOOLFORD, III CIVIL DIVISION No. 10-2321-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on ~ oL.(o - /6 By: If you have any questions concerning this matter please contact: ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 [Joshua I. Goldman, Esq., Id. No. 205047 ourtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Pariy Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff v. EDWARD A. WOOLFORD, III Defendant(s) TO: EDWARD A. WOOLFORD, III 5340 RIVENDALE BOULEVARD MECHANICSBURG, PA 17050-2264 DATE OF NOTICE: May 7, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-2321-CIVIL TERM CUMBERLAND COUNTY THIS FIRM [S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE [S SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE W BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IlVIPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 234849 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Lawren T. helan, Es , Id. No. 32227 Franci S. Hal q., 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 risovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 234849 AFFIDAVTT OF SERVICE PLAINTIFF CUMBERLAND COUNTY METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA PHS #234849 0 [V hf advN~ a ~~~ ~ w Q z O Lilz~~ ~C ~ ~ 0 v DEFENDANT EDWARD A. WOOLFORD, III SERVE EDWARD A. WOOLFORD, III AT: 5340 RIVENDALE BOULEVARD MECHANICSBURG, PA 17050-2264 ~[ a en t person y serv i ~ Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. ,_ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. SERVICE TEAM/ lvic COURT NO.:10-2321-CIVIL TE~I rr-_? C'. ~ -~ TYPE OF ACTION •_r ~, .__~ XX Notice of Sheri6's Sale `F ~ ~ ~ ~? SALE DATE: 12/08/2010 - f~a `' ..~ 5ERVED at rved and made known to EDWARD A. WOOLFORD. III ,Defendant on the ~'~day of ~,~ I O , 36 , oclock~. M., at 5i4o RI VFNt~.E ~sLJP in the manner described below: °~ ~ ~~_ D f dan alt ed M e ~}A~ t csgu 1 i~'PA - ~^ - - _ Other: Description: Age I~I~s Height 5 ~// ~ Weight ~~~ Race W Sex ~ Other i, 6i11~-L~ /LiO LC- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subs~Qbed before me this ~7` day of ZOta. ~ 'r~ No ~ ' l~' - G NOT SERVED On the day o , 20~, at _ o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant} _ No Answer on at , Service Refused Other: Sworn to and subscribed before me this day of ~~ By: Notary: ATTORNEY FOR PLAINI~F Iiwrmce T. Phehie, Esq., Id Nw 32227 Fraocb S IlaBhtm. Esq., Id Ns.62695 Dauid G. S Fsq., Id. No. 62205 Michele M. Bradford, Eaq., Id. No. 69849 Judith T. Rasrq Esq, ]d. No.58X5 Sheetal R Shah-],d, Fe4, Id. Ne.81760 ]mica R Davey. Esq., Id. No. 87077 Laurin R Tahoe, Eag, Id. No. 93337 vivek st+..w.a, Eeq, td. No. 292331 Jay B. Jonea, Esq, id. No. 8665'1 Peter ]. Mdnhy, Esq., Id. No. 61791 Aadterv L Spivady Esq., Id. No. 84439 Jaioe McGuimN:ss, Eaq., id. No. 90134 Chrisovahmte P. Fliakos, Esq., Id No. 94620 Joshua L Goldmm, Eoq., Id Na. 205047 Ceartemy R Darin. Eaq, Id. Na 206779 Audrew C. Brasobktt,F~' id. No. 208375 (1se Pem Center at Sad Station 1617 John R B:aredy Blvd.. Stifle 1400 PhlLxk~hi; PA 191031814 (215)563'7000 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff v. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County EDWARD A. WOOLFORD, III No.: 10-2321-CIVIL TERM Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES 234849 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on Apri17, 2010, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on May 2b, 2010 in the amount of $255,467.35. A true and correct copy of the Civil Court Docket reflecting the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriff s Sale on December 8, 2010. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 8, 2010 Per Diem $41.96 Late Charges Legal fees Cost of Suit and Title Sheriff s Sale Costs Property Inspections/ Property Preservation AppraisalBrokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $245,074.70 $16,894.05 $397.35 $1,300.00 $570.00 $0.00 $30.00 $0.00 $671.22 $0.00 ($0.00) $4,194.40 $269,131.72 234849 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 7, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. 234849 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: 1 Q ~ (!.~ ~ (tO By: ~ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 234849 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff v. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County EDWARD A. WOOLFORD, III No.: 10-2321-CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 234849 I. BACKGROUND OF CASE EDWARD A. WOOLFORD, III 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 5340 RIVENDALE BOULEVARD, MECHANICSBURG, PA 17050-2264. 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 cleaz that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 234849 Home Mort ague Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003}. Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsbur v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal 234849 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to 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 Discount CompanX 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 parry 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 234849 charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road 5hoppin Cgs 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 often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville 234849 Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff s sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 234849 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 234849 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 1 d ~/Uc ~f~ By: 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 3. 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 4,[i] Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 234849 Exhibit "A" 234849 •: _~~~. Phelan Hallman & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id No. 69849 Judith T. Romano, Esq., id No. 58745 Sheetal R Shah-Tani, Esq., Id. No. 8I 760 3enine 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 Pe#er 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 234849 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVING, TX 750b3 Plaintiff ~v. EDWARD A. WOOLF()RD, III 5340 RIVENDALE BOULEVARD ' MECHANICSBURG, PA 17050-2264 Defendant ~RN~Y FlLE CAS ;: pi~EASE R~'I1R~ File ~!: ?.34849 ~~~ THE d7F'rC~1(}i'ARX 20~o aP~ -~ a~ ~ ~ _ ~~ ~'ENlVSYL.VA.~?A ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 1b - .~.3~,i ~iu.l~£rL.W~ CUMBERLAND COUNTY ~~~ g ~~~eb~ eve ~'~ V~ w~~cr~t~ pY °~~cord o ~g~~~~ted o 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. 1F 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. CUMBBRLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (7i7) 249-3166 (840) 994-9108 File q: 234849 1. Plaintiff is METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVING, TX 75063 2. The names} and last known address(es) of the Defendant(s) are: EDWARD A. WOOLFORD, III 5340 RIVENDALE BOULEVARD MECHANICSBURG, PA 17050-2264 who is/are the mortgagors} and/or real owner(s) of the property hereinafter described. 3. On 02/2i/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGLSTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIRST HORIZON HOME LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1941, Page 1256. By Assignment of Mortgage recorded 06/12/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200919972. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(8); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2009 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 ~: 234849 6. The following amounts are due on the mortgage: Principal Balance $245,074.70 Interest $6,680.35 11/01/2009 through 04/Ob/2010 (Per Diem $42.SS) Attorney's Fees $650.00 Cumulative Late Charges $397:35 02/21/2006 to 04/06/2010 Mortgage Insurance Premium I $30.00 Private Mortgage Insurance Costs of Suit and Title Search ~55(1_t}Q TOTAL $253,382.40 7. Plaintiff is nni seeking a judgment of personal liability (or an in ~rs~nam 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. 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 Defendants} on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendants} has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File H: 234849 VVf~REFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $253,382.40, together with interest from 04/06/2010 at the rate of $42.55 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 property. & SCHMIEG, LLP By: r Lawrence T. Phelan, Esq., Id, No. 32227 F~~cis S. Hallinan, Esq., Id. No. 52695 ~Saniel G. Schmieg, Esq., Id. No. b2205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 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. Na. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Brainblett, Esq., Id. No. 208375 Attorneys for Plaintiff Filc it: 234849 LEGAL DESCRIPTION ALL THAT CERTAIN Unit, being Unit No. 16 (the'Unit'), of Brandywine, A Planned Community (the'Community'), such Community being located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Covenants and Restrictions for Brandywine, A Planned Community (the 'Declaration') and Declaration Plats and Plans recorded as an exhibit thereto in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 716, Page 1231, together with any and all amendments thereto. TOGETHER with the undivided Allocated Interest appurtenant to the Unit as more particularly set forth in the aforesaid Declaration, as last amended. TOGETHER with the right to use any Limited Common Elements appurtenant to the Unit being conveyed herein, pursuant to the Declaration and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to a certain Declaration of Easements dated Match 28, 2005, and recorded in Cumberland County Miscellaneous Book 716, Page 1226; to the Declaration; to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid Office; and to matters which a physical inspection or survey of the Unit and Common Elements would disclose. BEING KNOWN AND NUMBERED as 5340 Riverdale Boulevard, Mechanicsburg, Pennsylvania. PARCEL N0.10-IS=1282-076 File H: 234849 VERIFICATION Mike Fisher hereby states that he/she is Limnod Vice P~esidcn~ of METLIFE HOME LOANS, servicing agent for Plaintiff, METLIFE HOME LOANS,A DIVISION OF METLIFE BANK, NA, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relaxing to unsworn falsification to authorities. ~f ~ ~ ~ Name: Mee g~her DATE: _~j U t,l_~ Title: Lim+t¢dViccPresidcnc Company: METL]FE HOME LOANS,A DIVISION OF METLIFE BANK, NA File aY: 234849 Woolfoid Exhibi "B__ 234849 09120107092010 Cumberland County Pxothonotary's Office PYS510 Civil Case Print 2010-02321 METLIFE HOME LOANS (vs) WOOLFORD EDWARD A III Reference No... Case Type...... Judgment.;.... Judge Assigned: Disposed Desc.: ------------ Case REAL PROPERTY - MORTGAGE FOREC LOSURE 255467.35 Comments ------------- Filed......... Time.......... Execution Date Jury Trial.... Disposed Date. Higher Crt 1.: Higher Crt 2.: Page 4/07/2010 11:09 7/02/2010 o/oo/oooo ****:r***************~r*******************,r*******************************~t******* General Index Attorney Info METLIFE HOME LOANS A DIVISION PLAINTIFF BRADFORD MICHELE M OF METLIFE BANK N A 4000 HORIZON WAY IRVING TX 75063 WOOLFORD EDWARD A III DEFENDANT 5340 RIVENDALE BLVD MECHANTCSBURG PA 17050 2264 Judgment Index Amount Date Desc WOOLFORD EDWARD A III 255,467.35 7~02~2010 WRITUOF EXECUTION ******************************************************************************** * Date Entries * FIRST ENTRY - - - - - 4/07/2010 COMPLAINT - MORTGAGE FORECLOSURE BY MICHELE M BRADFORD ESQ ------------------------------------------------------------------- 4/20/2010 SHERIFF'S RETURN - 4/16/10 - COMPLAINT IN MORTGAGE FORECLOSURE UPON DEFT AT 5340 RIVENDALE BLVD MECHANICSBURG 17050 SHERIFF'S COST $37.00 5/26/2010 P~THEPAMOUNTDOFA$255467G35NBYA OURTENAYTRJDUNNEESQENTERED --------------------------------- 26/2010 NOTICE MAILED TO DEFENDANT 5/26/2010 VERIFICATION OF NON-MILITARX SERVICE BY COURTENAY R DUNK ESQ ------------------------------------------------------------------- 5/26/2010 IMPORTANT NOTICE FILED (DEFAULT JUDGMENT) BY JOSHUA I GOLDMAN ESQ 6/07/2010 PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE - BY JENINE R DAVEY ATTY FOR PLFF ------------------------------------------------------------------- 7/02/2010 PRAECIPE FOR WRIT OF EXECUTION ON REAL PROPERTY AND WRIT OF EXECUTION ISSUED - BY JAIME MCGUINESS ATTY FOR PLFF $2.50 PD ATTY $2.00 DUE CO $.50 DUE LL -------------------------------------------------------------------- 7/02/2010 CERTIFICATION - ACT 91 - BY JAIME MCGUINNESS ATTY FOR PLFF 7/02/2010 AFFIDAVIT PURSUANT TO RULE 3129.1 - BY JAIME MCGUINNESS ATTY FOR PLFF _ 7/02/2010 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO RULE 3129.2 _ _ _ _ _ _ _ _ _ _ _ _ _ _ LAST ENTRY - - - - - - - - - - - - - - ***************************,r*************~*,r**************~t**********~********~* * Escrow Information ~` * Fees & Debits Beck Bal P~mtsjAd~ End Bat ******************************** ******** ****** ******************************* COMPLAINT 55.00 55.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION 5.00 5.00 .00 JCP FEE 23.50 23.50 .00 JDMT 14.00 14.00 .00 WRIT OF EXEC 24.00 24.00 .00 09120107092010 Cumberland County Pxothonotary's Office Page 2 PYS510 Civil Case Print 2010-02321 METLIFE HOME LOANS (vs) WOOLFORD EDWARD A IIT Reference No..: Filed........: 4/07/2010 Case Type.....: REAL PROPERTY - MORTGAGE FOREC Time.........: 11:09 LOSURE Judgment.;.... 255467.35 Execution Date 7/02/2010 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: 130.00 130.00 .00 * End of Case Information * ******************************************************************************** G Exhibit "C" z34g~9 e ~ ~°Q~ aiz ~~ Z 4a~ ° n r £o ~o w~ ~~~ Sds~ ~~,~~~~ay`O ~,~ ..s _. h Y~` d~ w O~~G//rr~~ ^^~_ r r 1~ w ~ ~ .~ W a~ dW a d d ~ Q ~ " W ~+ a, O Qr o W ~ ~ M N C7 ~ y" ~, O ~ 1+ W ~~~ ~° ~ ~ ~, ~ o ~~, ~ o ~ O 3 ~a ~ aNd~ N w U ~ ~ ~ p Q ~~~ ~ a a ~~ ~ ~ y M N '~~' ~ r~+ Q ~ C~+ w `~ ~ ~ ,,,, ra M ~~~ ~ ag ° ~ U N ~~.~ ~~~ ~~$ ~ ~ ~~~~~ ~~N~ ~~ w ~, 0 ~~~~ ~~~~~ %~~~ d~~~ 6 " .o~~ia5a w ~~ ~`° ~~ u ~~o~~p ~ '~ N i5 'c~ d ~ iR 7 o~~ ~ sc ~, ~gp ~~.a ~~ 0 ~ ~ •~ ~ C og w yam„ ~ pN± C ~ O ~ ff~ ~ p. ~ ~p A ~~~ py yy N ~ '9 G ~y ~ Q~ ~~,g~ ~ ~~ ~~ .~ a .~ 0 ~~ wW N ~~ o~ ~z o ~, Y o~ ~$ z'a N r r ~ d r "'~ 00 ~ ~t 'n ,~ r 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 7, 2010 EDWARD A. WOOLFORD, III 5340 RIVENDALE BOULEVARD MECHANICSBURG, PA 1?050-2264 RE: METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA v. EDWARD A. WOOLFORD, III Premises Address: 5340 RIVENDALE BOULEVARD MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 10-2321-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 12, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V ly y C L e e an, squire Franc' S. Hallinan, Esquire el G. Schmieg, Esquire ichele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire 234849 Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure 234849 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: ~d ~(~, ~ By: /~Z~ awrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 -Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 234849 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McCruinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff v. EDWARD A. WOOLFORD, III Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas . Civil Division . CUMBERLAND County No.: 10-2321-CIVIL TERM CERTIFICATION OF SERVICE 234849 I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. EDWARD A. WOOLFORD, III 5340 RIVENDALE BOULEVARD MECHANICSBURG, PA 17050-2264 Phelan Hallinan & Schmieg, LLP DATE: ~ O~ (~ ~ C~ By: (,'Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ~'Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 234849 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 14, 2010 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA v. EDWARD A. WOOLFORD, III CUMBERLAND County CCP, No. 10-2321-CIVIL TERM Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return atime-stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. Very truly yours, L n e T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire 234849 Joshua I. Goldman, Esquire Courtenay R. Dunn, EsquirL'r Andrew C. Bramblett, Esquire Enclosure cc: EDWARD A. WOOLFORD, III 234849 ~~ ~1 ~01~~, ~- ~~ -~ ~,-~ -< ~ © ~' ~~ ~ ~~ O~ ~'i ~ ~, ~ t!J ~FT7 --i ~ III ""~ O -C !I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA METLIFE HIOME LOANS A DIVISION OF METLIFE ~ANK NA Plaintiff v. EDWARD A. WOOLFORD, III Defendant RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2321-CIVIL TERM AND NC!yW, this 6q ` day of ~ -~ _2010, a Rule is entered upon the Defendant to show caluse why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. ~ 2 o d~ r ~~ ~''`~ Rule Returnable e~ ~°- d.~}.cif 2010 at ,n rhP t~aa;n Carlisle, Pennsylvania. 1 ~F_.S' ~ ~1.~ ~~-~ C . ~' . Lt~vo~ arzc.~~ l ! io ~ao ~ ro ~~ 234849 Mt `~fiL.t"~-UFFICE OP THE PROTHONOTARY 24LOOCT 27 A~ li~ 54 CU ~E~N YI.YA~ A TY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff v. EDWARD A. WOOLFORD, III Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2321-CIVIL TERM CERTIFICATION OF SERVICE 234849 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 15, 2010 was sent to the following individual on the date indicated below. EDWARD A. WOOLFORD, III 5340 RIVENDALE BOULEVARD MECHANICSBURG, PA 17050-2264 DATE: ~ By: Phelan Hallinan & Schmieg, LLP L,J aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF ic~T. elan, Esq., Id. No. 32227 S. Hallinan, ., Id. No. 62695 234849 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METLIFE HOME LOANS A DIVISION OF CUMBERLAND COUNTY METLIFE BANK NA Plaintiff, COURT OF COMMON PLEAS CIVIL DIVISION EDWARD A. WOOLFORD, III Defendant(s) No.: 10-2321-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or C5rti l Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Ex t.." °A ." Ll Lawrence T. P n, Esq., Id. No. 32,227 ? Francis S. pan Esq., Id. No. 62695 Daniel G, chmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. -58745; r ? Sheetal R. Shah-Jani, Esq., Id. No. 817.60 ? Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 _ ? Vivek Sri astava, Esq., Id. No. 202331 J VPeJ. nes, Esq., Id. No. 86657 ulcahy, Esq.,Id. No. 61791 L. Spivack, Esq., Id. No. 84439 i ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Td. No. 94620 Joshua I. Goldman, Esq., Id, No. 205047 ? Courtenay R. Dunn; Esq., Id, No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff Date: rL 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 mast be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 234849 a a O N Q N rr 4.. a W U ag C ?° d u o C6 Cd to r bNprs? ?,? C a 3 ?ti cU o, 41 o nova WC7 0 Q ,W)? 4 o n."? C.M. a„° oW y°o ?rNy ti0 o?riE'rr "cJ ;? m a `? q it M W Qj 05 cd i. C v. y.+ D by o ad U A(Z) v U O q +?+ C Wo ?, ^a rn w E... a U d ®w?+ry c `?? a?i+o+? u atn ?a 8 c ti ?, o d y w ai o E1,4 o*0 C, v o a° a tS7 b '^ r?i cY1 p[ M O M 0.t O d O TJ p u 0" yL fk7 G N fS in ? La t„ ..? ?: (? Ga qa x r'7 ? fTr ? ? r ? V] 'V 00 A.? iJ `? W N W H O ?V ..fl b F. N? m ^d i, ID ?-" ¢ O a N M ?, ? C H - E ? New ftl C ° ? +?-y 4 O mE?'a ? a'E O - o E E ? E d 7 y :? ? E= v x ? E w P 'o U eJ N ?. N C dC O C 'DEkw? ro o c o w ? O V O ? y ,O ? N cu ,n a sv o T ? w 4, o I? ? V m ? UJ [O y U4 _? c N O. y rl a ° U ?T ° ca a 8 ? .w w ? G ._ x ?s .Q a.O w? °o E ? o a ? ? y Z y a> a. - ? ti100 01 O ,-+ N C7I.e}?I .fir M r..l H +y ....t r§ ?I?,ii 1 4,'r t1_, Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. EDWARD A. WOOLFORD, III Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2321-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE 234849 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on October 15, 2010. 3. A Rule was entered by the Court on or about October 20, 2010 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on October 26, 2010, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 15, 2010. 234849 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: (L tin `ca By: ? wrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 234849 t r Ter- '?f1' s] :` rk-,, UMBERLA='(" (3U!UNI Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. EDWARD A. WOOLFORD, III Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2321-CIVIL TERM CERTIFICATION OF SERVICE 234849 I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. EDWARD A. WOOLFORD, III 5340 RIVENDALE BOULEVARD MECHANICSBURG, PA 17050-2264 Phelan Hallinan & Schmieg, LLP DATE: By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 234849 L • ? Y FILED-O"'CE 0 4 PROTHON ARY 2010 15 10: 57 CUMBERL 0 COUNTY PEN ANIA OCT 1 8 2010 C a m =-n z M;2 o Mi= V., rn CD cs .,C ° ,?, ca z rn IN THE COURT OF COMMON PLEAS o ? rn CUMBERLAND COUNTY, PENNSYLVANIA y = °' --t n, 2> METLIFE HOME LOANS A DIVISION OF Court of Common Pleas METLIFE BANK NA Plaintiff Civil Division V. CUMBERLAND County EDWARD A. WOOLFORD, III Defendant No.: 10-2321-CIVIL TERM ORDER AND NOW, this /S - day of /Ur"-44-0'- , 2010 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $245,074.70 Interest Through December 8, 2010 $16,894.05 Per Diem $41.96 Late Charges $397.35 Legal fees $1,300.00 Cost of Suit and Title $570.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $30.00 Appraisal/Brokers Price Opinion $0.00 234849 1 ' r t Mortgage Insurance Premium / Private Mortgage Insurance $671.22 Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $4,194.40 TOTAL $269,131.72 Plus interest from December 8, 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. !zo;,? J. Co 1-rs "lam & C -Da"'.) . -t?icad? I /It ?r/r4'? rd 234849 FILED-OFFICE OF THE PROTHONOTARY 2010 DEC - I AM 10* 40 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County EDWARD A. WOOLFORD, III No.: 10-2321-CIVIL TERM Defendant AMENDED MOTION TO MAKE RULE ABSOLUTE METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make the Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on October 15, 2010. 3. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 7, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiff s letter pursuant 234849 to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit "A". 4. A Rule was issued by the Honorable Kevin A. Hess on or about October 19, 2010 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "B". 5. The Rule to Show Cause was timely served upon all parties on October 26, 2010,in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "C". 6. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 15, 2010. 234849 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. DATE: I 12411D By: Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 Schmieg, Esq., Id. No. 62205 el G. ele M. Bradford, Esq., Id. No. 69849 ;tic, ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 234849 Exhibit "A" 234849 S a ? o U ?fo a a ?a a? U -102 a 'd L d °w c IN zac yg? V . F ,' 3000 &Z M?J a3_11M oz tZ0.00. 9SZLLZvOC0 bA ? c p$ d U U ° b u a a s o q ? a elf a E ? a ' ? G ww ? ' A O 9 + o fsr d N ?6 °o N ? Is Ad Ao, ? z wa wa ? N N O x x o ?, a r. N c? ?r ?n ?O t? oo O? o H& It 00 M N PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 7, 2010 EDWARD A. WOOLFORD, III 5340 RIVENDALE BOULEVARD MECHANICSBURG, PA 17050-2264 RE METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA v. EDWARD A. WOOLFORD, III Premises Address: 5340 RIVENDALE BOULEVARD MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 10-2321-CIVIL TERM Dear Defendant, Enclosed please fmd 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 12, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V yy r L e ; squire Fe s S. Iallinan, Esquire G. Schmieg, Esquire lc M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire 234849 Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure 234849 Exh0ibit "B" 234849 r_ -mot . a i.5 ?-- FT1 v;• ;v cx r ° CD o C) DG ti3 FT7 ? p z -r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff EDWARD A. WOOLFORD, III Defendant RULE Court of Common Pleas Civil Division CUMBERLAND County No.:.10-2321-CIVIL TERM AND NOW, this l9 ` day ofOZ,?jg4-- 2010, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. 11 2 o d 414;- J% v)4-x Rule Returnable mo 4he d.???ef 2010- at in the-Ma;ll ,xrthause, Carlisle, Pennsylvania. 234849 Exhilit "C" 234849 FILED-OFFICE OF THIE PROTHONOTARY 261 OCT a AIM 11-, 5l+ CUIMBE-Rli',NID COUNTY PEN'NS)YLVAN'lA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. CUMBERLAND County EDWARD A. WOOLFORD, III No.: 10-2321=C1'1L TERM t ?r . Defendant, CERTIFICATION OF SERVICE 234849 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 15, 2010 was sent to the following individual on the date indicated below. q0", I EDWARD A. VWO4 eLv! 0 RIVEN) RD 534 MECHANICSBURG, PA 17050-2264 DATE: Phelan Hallinan & Schmieg, LLP ivvrerze'?T. lan, Esq., Id. No. 32227 is S. Hal inan, , Id. No. 62695 1~ r0c 'el 0. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Ems., Id. No. 69849, [] Judith T. Romano, Esq., Id. No. 58745 4Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 234849 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Amended Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: By: ? Lawrence T. Phelan; sq., d. No. 32227 ? F an is S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 234849 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff v. EDWARD A. WOOLFORD, III Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2321-CIVIL TERM CERTIFICATION OF SERVICE 234849 I hereby certify that true and correct copies of Plaintiff's Amended Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. EDWARD A. WOOLFORD, III 5340 RIVENDALE BOULEVARD MECHANICSBURG, PA 17050-2264 DATE: 1112,1110 By: U Lav"rence T. Phelan, Esq., Id. No. 32227 ? rancis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 234849 Phelan Hallinan & Schmieg, LLP V r FILED-OFFICE OF THE PROTHONOTARY 2010 DEC -3 PM 1: 05 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA METLIFE HOME LOANS A DIVISION OF Court of Common Pleas METLIFE BANK NA Plaintiff Civil Division V. CUMBERLAND County EDWARD A. WOOLFORD, III No.: 10-2321-CIVIL TERM Defendant ORDER AND NOW, this J'* day of+ , 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 $245,074.70 Interest Through December 8, 2010 $16,894.05 Per Diem $41.96 Late Charges $397.35 Legal fees $1,300.00 Cost of Suit and Title $570.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $30.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $671.22 Private Mortgage Insurance 234849 r Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $4,194.40 $269,131.72 Plus interest from December 8, 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 TH COURT J. to i?S mSi?fc?- l?./3 234849 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff vs EDWARD A. WOOLFORD, III Defendant TO THE PROTHONOTARY: P IP . Attorney For Plaintiff : I Court of Common Pleas : I Civil Division CUMBERLAND County No. 10-2321-CIVIL TERM Please vacate the judgment(s) entered and mark the action discontinued and ended without re' dice. Date PHELAN HA N & SCHMIEG, LLP By: Lawrence T. Phel Es , Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ?. j Judith T. Romano, Esq., Id. No. 58745 r ? = etal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 C? ?Q Lauren R. Tabas, Esq., Id. No. 93337 'te n Vivek Srivastava, Esq., Id. No. 202331 + a >-- Jay B. Jones, Esq., Id. No. 86657 ©CL Peter J. Mulcahy, Esq., Id. No. 61791 =.Uj 4 m? Andrew L. Spivack, Esq., Id. No. 84439 t-- o x:°- Jaime McGuinness, Esq. Id. No. 90134 C"i 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 PH S# 234849 Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff Ay'k ag ,ns?? a61P 4 Ile SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 0 - -,FU'.-'D'CFFICC R Sheriff 'F 0m):r y :,owe°xtx ut,:u?r?brr rfr tt,E F ,0 Jody S Smith ?Q DEC j 3? (:# Chief Deputy Richard W Stewart GUMMERLAND CQUP ;" Solicitor FFN,INS YL_VANIA Metlife Home Loans, A Division of Metlife Bank, NA Case Number vs. Edward A. Woolford, III 2010-2321 SHERIOF'S RETURN OF SERVICE 10/26/2010 Valarie Weary, Deputy Sheriff, w o being duly sworn according to law, states that on 10/18/10 at 1135 hours, she posted a true copy of t e within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property f Edward A. Woolford, III, located at, 5340 Rivendale Bouldvard, Mechanicsburg, Cumberland Cou ty, Pennsylvania according to law. 10/29/2010 08:50 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Edward A. Woolford, III at 5340 Rivendalo Boulevard, Hampden Township, Mechancisburg, PA 17050, Cumberland County. 12/06/2010 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Schmieg on 12/6/2010. SHERIFF COST: $1,250.89 December 10, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF is ou..?hSuite. Shenff. Teiea otl. Inc i METLIFE HOME LOANS A DIVISION OF METLIFE COURT OF COMMON PLEAS BANK NA Plaintiff CIVIL DIVISION V NO. 10-2321-CIVIL TERM EDWARD A. WOOLFORD, III CUMBERLAND COUNTY Defendant(s) PHS # 234849 AFFIDAVIT PURSUANT TO RULE 3129.1 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA, Plaintiff in the above action. by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 5340 RIVENDALE BOULEVARD, MECHANICSBURG, PA 17050-2264. Name and address of Owner(s) or reputed Owner(s): Name EDWARD A. WOOLFORD, III 2 3 4 5 Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 5340 RIVENDALE BOULEVARD MECHANICSBURG, PA 17050-2264 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of everyjudgment 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. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. • 'Name and address of every ether person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice l U.S. Attorney for the Middle District oti PA THE COURTS AT BRANDYWINE CONDOMINIUM ASSOCIATION, INC. I verify that the statements made in knowledge or information and belief. I un of 18 Pa. C.S.A. § 4904 relating to unswo 5340 RIVENDALE BOULEVARD MECHANICSBURG, PA 17050-2264 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 4712 SMITH STREET HARRISBURG, PA 17109 is affidavit are true and correct to the best of my personal rstand that false statements herein are made subject to the penalties falsification to authorities. June 28, 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 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : VS. EDWARD A. WOOLFORD, III : NO. 10-2321-CIVIL TERM : CUMBERLAND COUNTY Defendant(s) : TO: EDWARD A. WOOLFORD, III 5340 RIVENDALE BOULEVAI MECHANICSBURG, PA 17050, "THIS FIRM IS A DEBT COLLECTOR A7 WILL BE USED FOR THAT PURPOSE. IF THIS IS NOT AND SHOULD NOT BE ( Your house (real estate) at 5340 RI` is scheduled to be sold at the Sheriff's Sale c South Hanover Street, Carlisle, PA 17013 HOME LOANS A DIVISION OF METL continued, an announcement will be made ; PTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, (RUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY C OF A LIEN AGAINST PROPERTY." BOULEVARD, MECHANICSBURG, PA 17050-2264 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, enforce the court judgment of $255,467.35 obtained by METLIFE 'E BANK NA (the mortgagee) against you. In the event the sale is said sale in compliance with Pa.R.C.P. Rule 3129.3. 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 ow 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. Yolu may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the You may need an attorney to assert have of stopping the sale. (See notice on p? 1. If the Sheriff's Sale is not stopped, your price bid by calling 215-563-7000. 2. You may be able to petition the Court to to the value of your property. through other legal proceedings. ur rights. The sooner you contact one, the more chance you will two on how to obtain an attorney.) UR PROPERTY AND will be sold to the highest bidder. You may find out the aside the sale if the bid price was grossly inadequate compared 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 the sale never happened. 5. You have the right to remain in the prof gives a deed to the buyer. At that time, the 6. You may be entitled to a share of the me distribution of the money bid for your hous the sale. The schedule shall be kept on file office. This schedule will state who will be with this schedule unless exceptions (reasoi within ten (10) days after the filing of the p to the Sheriff, you will remain the owner of the property as if until the full amount due is paid to the Sheriff and the Sheriff -Ir may bring legal proceedings to evict you. ney which was paid for your house. A proposed schedule of will be prepared by the Sheriff not later than thirty (30) days after with the sheriff and will be made available for inspection in his receiving that money. The money will be paid out in accordance s why the proposed distribution is wrong) are filed with the Sheriff oposed 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 T YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ON , GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GE LEGAL HELP. D COUNTY BAR ASSOCIATION kND COUNTY COURTHOUSE LIBERTY AVENUE ARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 By virtue of a Writ of Execution METLIFE HOME LOANS A D VS. 10-2321-CIVIL TERM OF METLIFE BANK NA EDWARD A. WOOLFORD, III owner(s) of property situate in HA PDEN TOWNSHIP, Cumberland County, (Municipality) Pennsylvania, being ALE Parcel No. 10-15-1282-076 Improvements thereon: vA MECHANICSBURG PA (Acreage or street address) DEN IAL DWELLING JUDGMENT AMOUNT: $255,467 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 N ALL THAT CERTAIN Unit, being Community (the 'Community'), suc; Cumberland County, Pennsylvania, and Restrictions for Brandywine, A and Plans recorded as an exhibit the Deeds in Miscellaneous Book 716, Jnit No. 16 (the 'Unit'), of Brandywine, A Planned Community being located in Hampden Township, vhich Unit is designated in the Declaration of Covenants 'lanned Community (the 'Declaration') and Declaration Plats Ito in the Office of the Cumberland County Recorder of age 1231, together with any and all amendments thereto. TOGETHER with the undivided Allocated Interest appurtenant to the Unit as more particularly set forth in the aforesaid Declaration, as last amended. TOGETHER with the right t use any Limited Common Elements appurtenant to the Unit being conveyed herein, pursu to the Declaration and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to certain Declaration of Easements dated March 28, 2005, and recorded in Cumberland County Miscellaneous Book 716, Page 1226; to the Declaration; to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid Office; and to matters which a physical inspection or survey of the Unit and Common Elements would disclose. individual, by Deed from Creek V dated 02/13/2006, recorded 02/23/ PREMISES BEING: 5340 2264 ED IN Edward A. Woolford, III, an adult, single Associates, L.P., a Pennsylvania Limited Partnership, in Book 273, Page 1352. BOULEVARD, MECHANICSBURG, PA 17050- PARCEL NO. 10-15-1282-076 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N010-2321 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERI To satisfy the debt, interest and BANK NA Plaintiff (s) From EDWARD A. WOOLFOI (1) You are directed to levy upon tl DESCRIPTION. (2) You are also directed to attach of GARNISHEE(S) as follows: and to notify the garnishee(s) that: I paying any debt to or for the accow (s) or otherwise disposing thereof; (3) If property of the defendant(s) of anyone other than a named gami garnishee and is enjoined as above Amount Due$255,467.35 Interest FROM 05/26/2010 TO Atty's Comm % Atty Paid $169.50 Plaintiff Paid Date: July 2, 2010 (Seal) COUNTY: due METLIFE HOME LOANS A DIVISION OF METLIFE ),III property of the defendant (s)and to sell SEE LEGAL property of the defendant(s) not levied upon in the possession i an attachment has been issued; (b) the garnishee(s) is enjoined from of the defendant (s) and from delivering any property of the defendant levied upon an subject to attachment is found in the possession , you are directed to notify him/her that he/she has been added as a L.L.$.50 OF SALE ($41.99 PER DIEM) - $8,272.03 Due Prothy $2.00 Other Costs Deputy REQUESTING PARTY: Name JAIME MCGUINNESS, ES, Address: PHELAN HALLINAN & PENN CENTER PLAZA, PHILAI Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 '., LLP, 1617 JFK BOULEVARD, SUITE 1400, ONE PA 19103 ,may. - On September 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, 5340 Rivendale Boulevard, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: eal Estate Coordinator r PROD OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act N . 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA } SS. COUNTY OF CUMBERLAND I : 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, d designated by the local courts as the official legal periodical for the publication of 1 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 i the regular editions and issues of the said Cumberland Law Journal on the following dates, October 22, October 29, and November 5, 2010 Affiant further deposes th he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of eneral circulation, and that he is not interested in the subject matter of the aforesaid notice or ai statements as to time, place and and that all allegations in the foregoing of publication are true. isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 5 da of November, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LA{ JOURNAL Writ No. 2010-2321 Civil Metlife Home Loans, A Division of Metlife Bank, NA vs. Edward A. Woolford, III Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-2321-CIVIL TERM, METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA vs. EDWARD A. WOOLFORD, III, owner of property situate in HAMPDEN TOWNSHIP, Cumberland County, Pennsylva- nia, being 5340 RIVENDALE BOU- LEVARD, MECHANICSBURG, PA 17050-2264. Parcel No. 10-15-1282-076. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $255,467- .35. 0,The Patriot-News Co. 20 Technology Pkwy Suite 31010 Mechanicsburg, PA 17050 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 Holly Blain. being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 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 Tha 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 2010-2321 Civil Term IIA&tllfe Home Loans, A Division of Meti fe Bank, NA vs Edward A. Woolford, 111 } I Atty: Daniel Schmieg `y By virtue of a Writ of Execution NO, 10-2321-CIVIL TERM • • . • • • .? METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA vs. Sworn to an su EDWARD A. WOOLFORD, III --- )wner(s) of property situate in HAMPDEN ` TOWNSHIP, Cumberland County, -' 'Municipality) Pennsylvania, being 5340 RIVENDALE BOULEVARD, MECHANICSBURG, PA 17050-2264 Acreage or street address) Parcel No. 10-15-1282-076 mprovements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $255,467.35 This ad ran on the date(s) shown below: 10/15/10 10/22/10 bed b4mi!?me th(s 10 C_ Notary Public i4ePatriot News Now you know 10/29/10 da-y, f vember, 2010 A.D. COMMONWEALTH OF PENNSYLVANIA j Notarial Seal Sherrie L Kisner, Notary Public Awer Paxton Twp., Dauphin County j? My CDMMIWw Expires Nov. 26, 2011 MP`nh'•1^ or , ol.? Association of Notaries