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HomeMy WebLinkAbout10-6943Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 t. Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 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 FIFTH THIRD MORTGAGE COMPANY 38 FOUNTAIN SQUARE MAIL DROP # 109082 CINCINNATI, OH 45263 Plaintiff V. LINDA I. CASE A/K/A LINDA HILDABRAND 2A ROUND RIDGE ROAD MECHANICSBURG, PA 17055-9249 Defendant i 1?i=G.'"l.r i 4 4- ! ! b7 f 4. ?' F i ?S d d'! ATTORNEY FOR PLAINTIFF 250358 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - 04/3 civil-&IV CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 0 "x.00 PA A7W 0-1 ice 335,5 File #: 250358 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 #: 250358 V 1. Plaintiff is FIFTH THIRD MORTGAGE COMPANY 38 FOUNTAIN SQUARE MAIL DROP # 109082 CINCINNATI, OH 45263 2. The name(s) and last known address(es) of the Defendant(s) are: LINDA I. CASE A/K/A LINDA HILDABRAND 2A ROUND RIDGE ROAD MECHANICSBURG, PA 17055-9249 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 06/07/2007 LINDA I. CASE AKA LINDA HILDABRAND made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 200732177. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2010 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 #: 250358 6. The following amounts are due on the mortgage: Principal Balance $186,591.54 Interest $8,810.37 12/01/2009 through 09/03/2010 (Per Diem $31.9506) Attorney's Fees $650.00 Late Charges through 09/03/2010 $783.60 Costs of Suit and Title Search $550.00 Escrow Deficit $2,937.65 TOTAL $200,323.16 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 250358 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $200,323.16, together with interest from 09/03/2010 at the rate of $31.9506 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. 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 Attorneys for Plaintiff File #: 250358 LEGAL DESCRIPTION ALL that certain lot or piece of ground situate in the Upper Allen Township, County of Cumberland and Commonwealth of Pennsylvania as shown on a Final Subdivision Plan of Bowman's Hill Lots 1 and 2 as prepared by Dawood Engineering, Inc as recorded in the Office of the Recorder of Cumberland County Pennsylvania in Plan Book Volume 75 page 41 and being more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern side of Round Ridge Road and the western side of South Market Street; thence along the northern side of Round Ridge Road, South 58 degrees 13 minutes 35 seconds West, a distance of 67.01 feet to a point on the southeastern corner of Tract No 2-13; thence along the western side of Tract 2-13, North 31 degrees 24 minutes West, a distance of 170.26 feet to a point in the line of lands now or formerly of Spencer L. Eckels and Ruth K. Eckels; thence North 45 degrees 01 minute 42 seconds East, a distance of 64.32 feet to a point on the northeastern corner of Tract 2-A; thence along the eastern side of Tract No 2-A, South 33 degrees 08 minutes 05 seconds East, a distance of 184.99 feet to a point and the place of beginning. SAID TRACT NO 2-A being subject to a 25 foot wide drainage easement along the northern portion of the lot, being more fully shown on the above mentioned referenced final plan. UNDER AND SUBJECT TO a signage easement on the southeast corner of lots as shown on the above mentioned plan. BEING designated as Tax Parcel 42-29-2454-183 in the Office of Deed Registry of Cumberland County Pennsylvania. File #: 250358 BEING the same property granted and conveyed to Linda Hildabrand by deed from J. A. Halbert Builder LLC dated December 20, 2002 and recorded in the Office of the Recorder of Cumberland County Pennsylvania in Record Book Volume 255 page 1981. The said Linda Hildabrand, a married woman, has since become divorced and has elected through divorce to assume her maiden name and is therefore now known as Linda I Case. PROPERTY ADDRESS: 2A ROUND RIDGE ROAD, MECHANICSBURG, PA 17055-9249 PARCEL # 42-29-2454-183 File #: 250358 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Attorney for Plaintiff DATE: '? (? u File #: 250358 OF FHA PRO °NO hO T?IRy 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIFTH THIRD MORTGAGE COMPANY Plaintiff VS. LINDA I. CASE A/K/A LINDA HILDABRAND Defendant(s) CUMMERLAND CO(INTY PENNSYLVA IA "" "Y 29 AM 9: z2 ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-6943-CIVIL TERM : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHS 4: 250358 TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney, r Plafintiff ??O ;;I By: ?? -? - ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Date: 11-22-10 PHS #: 250358 VERIFICATION t` hereby states that he/she is 4 VP of Fifth Third Bank, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and verify 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 relative, to unsworn falsification to authorities. Name: DATE: i o Title: Servicer: Fifth Third Bank AM File 4: 250358 5/3 File 4: 403920622 Name: CASE Propertti : 2A ROUND RIDGE ROAD; MECHANICSBURG, PA 17055-9249 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIFTH THIRD MORTGAGE COMPANY Plaintiff VS. LINDA I. CASE A/K/A LINDA HILDABRAND Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-6943-CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: PHS #: 250358 LINDA I. CASE A/K/A LINDA HILDABRAND 2A ROUND RIDGE ROAD MECHANICSBURG, PA 17055-9249 Phela Hallnan & Schmieg, LLP Atto e for Plaintiff By: u ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Date: 11-22-10 PHS #: 250358 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor rqC3 M - 'o rn (A r- r w mtz; r- x ° o 7b'r-x ? C7-? Fifth Third Mortgage Compan . Company e %n b4% vs Linda Case 10 43=x? SHERIFF'S RETURN OF SERVICE 11/19/2010 08:08 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November 19, 2010 at 2008 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Linda Case, by making known unto herself personally, at 2A Round Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGETT, DEPOT SHERIFF COST: $46.00 November 23, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF i.c) CCL1!1tySu1te? Shprtf 7Eieosoit. 1'ic Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 ; Jaime McGuinness, Esq., Id. No. 90134 r - -0m Chrisovalante P. Fliakos, Esq., Id. No. 94620 c? Joshua I. Goldman, Esq., Id. No. 205047 r. A. w f C:) Courtenay R. Dunn, Esq., Id. No. 206779 a i=ry Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 -- 7 j''4 1617 JFK Boulevard, Suite 1400 - ?' One Penn Center Plaza ' Philadelphia, PA 19103 215-563-7000 FIFTH THIRD MORTGAGE CUMBERLAND COUNTY COMPANY : COURT OF COMMON PLEAS VS. CIVIL DIVISION LINDA I. CASE A/K/A . LINDA HILDABRAND No. 10-6943-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 LINDA I. CASE A/K/A LINDA HILDABRAND, 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 Plaintiffs damages as follows: e c? ??zs?a 250358 A)e4 As set forth in Complaint $200,323.16 Interest - 09/04/2010 to 12/28/2010 $3.706.27 TOTAL $204,029.43 I hereby certify that (1) the Defendant's last known address is 2A ROUND RIDGE ROAD, MECHANICSBURG, PA 17055-9249, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: ?a . PHS # 250358 PROTHONOTARY 250358 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIFTH THIRD MORTGAGE COMPANY 38 FOUNTAIN SQUARE, MAIL DROP # 109082 CINCINNATI, OH 45263 VS. LINDA I. CASE A/K/A LINDA HILDABRAND Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION No. 10-6943-CIVIL TERM AFFIDAVIT 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. 250358 (b) that defendant LINDA I. CASE A/K/A LINDA HILDABRAND is over 18 years of age and resides at 2A ROUND RIDGE ROAD, MECHANICSBURG, PA 17055-9249. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. December 28, 2010 CI" - S q ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff 250358 (Rule of Civil Procedure No. 236) - Revised FIFTH THIRD MORTGAGE COMPANY VS. LINDA I. CASE A/K/A LINDA HILDABRAND : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-6943-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on IAJ2R /f I-) .? 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS 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 BANKR UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINSTPROPERTY. ** 250358 R FIFTH THIRD MORTGAGE COMPANY v Plaintiff LINDA I. CASE A/K/A LINDA HILDABRAND Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-6943-CIVIL TERM CUMBERLAND COUNTY TO: LINDA I. CASE, A/K/A LINDA HILDABRAND 2A ROUND RIDGE ROAD MECHANICSBURG, PA 17055-9249 DATE Of NOTICE: December 14;1010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE omm"m ?`TEIVII'T?TO GOEI.EST.*TI1bB'I1SSEI2RP MISIIl?fT T'O`'{INt RE A HEREIN, AND ANY IN'F'ORMATION OBTAINED FROM YOU WILL BE USED FOR T14AT . PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, ,,THIS?CQRIISPONDENCE IS NOT„AND,,,SHOULD..NOT-BE,.,CONSTRUED TO BE.,AN .,, .,M ..? - "" ATTEMPT"TO-'COMECT XDEBT,"-MJT ONEY` AS E1 FO C`Efv1E i`T OF LIED }AGAINST -20 ?PROP-E . YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FII:E IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WM-ITN 'T`EN DAYS FRONT THE DATE OF TATS NOTICE, A JUDGMENT MAY BE ENTEnED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 250358 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: CUMBERLAND COUNTY BAIZ ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Lawtente Phelan, Esq., fd. 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., Td. No. 84439 Jaime McGuinness, Esq, Id. No 9011134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua!. Goldman, Esq., Id. No. 205047 _;M? `Courtenty R. Dunn, Esq.,'Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Alison F. Wells, Esq., Id. No. 309519 Phelan Hallinan & Schmie , LLP %T7 'JVK '9661 eVAFtSul a 400 One Penn Center Plaza :. P14S # 250358 Y.iI? ,'aIOO!, s J 11 MAR "` W0:09 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LL 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. N . 69849 Judith T. Romano, Esq., Id. No. 8745 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. 6 791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id No. 94620 Joshua I. Goldman, Esq., Id. No. 05047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. . 208375 Allison F. Wells, Esq., Id. No. 30 519 William E. Miller, Esq., Id. No. 3 8951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIFTH THIRD MORTGAGE Plaintiff V. LINDA I. CASE A/K/A LINDA HILDABRAND Defendant ANY ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-6943-CIVIL TERM 250358 Plaintiff, by its Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgm nt in this matter, and in support thereof avers the following: 1. Plaintiff commen d this foreclosure action by filing a Complaint on November 2, 2010. 2. Judgment was entered on December 29, 2010 in the amount of $204,029.43. A true and correct copy of the prae ipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must entered for the amount claimed in the complaint and any item which can be calculated from the omplaint, i.e. bringing the interest current. However, new items cannot be added at the time of ent of the judgment. 4. The Property is lis d for Sheriffs Sale on June 1, 2011. 5. Additional sums 4ve been incurred or expended on Defendant's behalf since the Complaint was filed and Defend t has been given credit for any payments that have been made since the judgment. The amount f damages should now read as follows: Principal Balance $186,591.54 Interest Through June 1, 2011 $17,492.94 Per Diem $31.95 Late Charges $1,371.30 Legal fees $1,325.00 Cost of Suit and Title $896.00 Sheriffs Sale Costs $0.00 Property Inspections/ Pro perty Preservation $0.00 Appraisal/Brokers Price pinion $0.00 Mortgage Insurance Prem ium / $0.00 Private Mortgage Insuran ce Non Sufficient Funds Ch ge $0.00 Suspense/Misc. Credits r ($0.00) Escrow Deficit en A7Q n) TOTAL $212,154.80 250358 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms o the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth wove in the amount of judgment against the Defendant. 8. Plaintiff's foreclo ure judgment is in rem only and does not include personal liability, as addressed in Plaintif s attached brief. 9. In accordance with C berland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess D ages and Order to the Defendant on March 16, 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plainti f's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, mad part hereof, and marked as Exhibit "B". 10. No judge has y entered a ruling in this case. 250358 WHEREFORE, Plaintiff judgment as requested. DATE: y requests that this Honorable Court amend the Phelan Hallinan & No. 32227 rancis S. Hallinan, Esq., Id. N?N 62695 ? Daniel G. Schmieg, Esq., Id. N91 62205 ? Michele M. Bradford, Esq., I . o. 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtena R. Dunn, Esq., Id. No. 206779 ??Al ew C. Bramblett, Esq., Id. No. 208375 l ison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 250358 Phelan Hallinan & Schmieg, LL 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. .69849 Judith T. Romano, Esq., Id. No. 8745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. K077 Lauren R. Tabas, Esq., Id. No. 9 337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 6'791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 05047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 3 519 William E. Miller, Esq., Id. No. 08951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIFTH THIRD MORTGAGE i Plaintiff IMPANY ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. LINDA I. CASE A/K/A LINDA HILDABRAND Defendant CUMBERLAND County No.: 10-6943-CIVIL TERM LAW IN SUPPORT 250358 I. BACKGROUND LINDA L CASE A/K/A LINDA HILDABRAND executed a Promissory Note agreeing to pay principal, interest, late charg?s, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 2A ROU? D RIDGE ROAD, MECHANICSBURG, PA 17055-9249. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, ?nsurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defenfant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage pa ents. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the i stant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive ?eriod of time between the initiation of the mortgage foreclosure action, the entry of judgment arid 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 expe ses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It s also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if II. S It is settled law in Pennsyl ania that the Court may exercise its equitable powers to control the enforcement of a judgment and grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. utts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 250358 v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has #epeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sal. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guarwity Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsbur v. Cion oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pe sylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), th4 the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from d?y to day because the bank must advance sums in order to protect its collateral. Because a Mortgag4 lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the doe 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 upended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, A00 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended ju gment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant 1 ss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, *ending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, th? Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to 4orrect 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 s s due on the Mortgage due to Defendant's failure to tender payments during the foreclosure p oceeding and the advances made by the mortgage company. The Mortgage plainly requires the mo agor to tender to the mortgagee monthly payments of principal 250358 and interest until the Promissory If tote accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mort4agee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the term of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses bn this loan. III. The within case is a mortgaged property to Sheriffs foreclosure is strictly in rem and Partnership v. Kimmel, 424 Pa. Y foreclosure action, the sole purpose of which is to take the Pennsylvania law makes clear that an action in mortgage not include any personal liability. Newtown Village 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Con]pany v. Babuscio, 457 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania + requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). ? he purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In thle event that a third party real estate speculator were to bid on the mortgaged property at the receive the amount of the in rem i IV. INTEREST The Mortgage clearly and interest due on the outstai Sale and become the successful purchaser, Plaintiff would from the Sheriff. res that the Defendant shall promptly pay when due the principal debt. In addition, the Note specifies the rate of interest to be 250358 charged until the debt is paid in fill or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the V. TAXES AND If Plaintiff had not of the impending Sheriff s sale has been requested. monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have :divested, ked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may and Plaintiff would sustain a complete loss on the outstanding balance due on the loon. 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 monies for taxes and insurance simply seeking to have the Court E Vl. ATTORNEY'S FEES The amount of attorney's fi with the loan documents and concluded that a request of five enforceable as an attorney's fee. In Federal Land Bank of of ten percent of the original 1979). Recently, the Superior included in the judgment in specifically provides that the mortgagee may advance the charge these payments against the escrow account. Plaintiff is the terms of the Mortgage. requested in the Motion to Reassess Damages is in accordance vania law. Pennsylvania Courts have long and repeatedly nt of the outstanding principal balance is reasonable and 51 Pa. 78 (1865); First Federal Savings an d in Center, 68 D&C 2d 751, 755 (1974). :imore v. Fetner, the Superior Court held that an attorney's fee ;e amount is not unconscionable. 410 A.2d 344 (Pa. Super. cited Fetner in confirming that an attorney's fee of ten percent foreclosure action was reasonable. Citicorp v. Morrisville 250358 Hampton Realty, 662 A.2d 1120 Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set Ittorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of tf.e mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amo t 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 t? be named as Defendants in the foreclosure action. It is also necessary to determine whether t?ere are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to t?e 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 newlowners 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 lienhold+, owners, and interested persons of the Sheriff s sale date, as their interests will be divested byIthe Sheriffs sale. Accordingly, the modest necessary pursuant to Pennsyl The mortgage and Pennsylvania 1 Plaintiff has incurred for the costs of suit and title were law. The amounts were reasonable and actually incurred. permit Plaintiff to recover these sums through its 250358 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out df 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 legal proceedings, and such the Mortgage, then the expenses included in the judgment. Plaintiff respectfully submits that if the enforcement of its rights is delayed by require the mortgagee to expend additional sums provided for by become part of the mortgagee's lien and should be that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that itl has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied recover the monies it expended to terms of the Mortgage with the understanding that it would its collateral. 250358 WHEREFORE, Plaintiff judgment as requested. DATE: y requests that this Honorable Court amend the Phelan Hallinan & Schmieiz. LLP By; ence T. Phelan, Esq., Id. No. 27 ? Francis S. Hallinan, Esq., Id. No. 2P95 ? Daniel G. Schmieg, Esq., Id. No 205 ? 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? . Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff 250358 xhibit "A" 250358 Phelan Hallinan & Schmieg, LL 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., d. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., d. No. 81760 Jenine R. Davey, Esq., Id. o. 87077 Lauren R. Tabas, Esq., Id. o. 93337 Vivek Srivastava, Esq., Id. o. 202331 Jay B. Jones, Esq., Id. No. 8 657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id No. 84439 Jaime McGuinness, Esq., Id No. 90134 Chrisovalante P. Fliakos, Es q., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., d. No. 208375 Allison F. Wells, Esq., Id. N). 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIFTH THIRD MORTGAGE COMPANY VS. Attorney for Plaintiff Cir, h Cl) -a C" 7~ ?? ?m CZ:) r=te N) ? ?.? C) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION LINDA I. CASE A/K/A LINDA HILDABRAND No. 10-6943-CIVIL TERM A, 4* PRAECIPE FOR TO THE PROTHONOTARY: Kindly enter judgment in LINDA HILDABRAND, Defer within 20 days from service then - assess•Plaintiff-s-'damages-as:foll FOR FAILURE TO for of the Plaintiff and against LINDA I. CASE A/K/A t(s)'for failure to file an Answer to Plaintiff's Complaint and. for foreclosure and sale of the mortgaged premises, and As set forth in Complaint Interest - 09/04/2010 to 1 10 $200,323.16 $3,706.27 TOTAL I hereby certify that (1) tl ROAD, MECHANICSBURG, P with Rule 237.1, copy attached. DAMAGES ARE HEREBY DATE: PHS # 250358 $204,029.43 r Defendant's last known address is 2A ROUND RIDGE 17055-9249, and (2) that notice has been given in accordance -\111-? ?Au wjLv?k?- - ? 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 El Chrisovalante P. Fliakos, Esq., Id: No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 0 Courtenay R. Dunn, Esq., Id. No. 206779:: ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff ?D AS INDICATED. PROTHONOTARY xhibit "B" 250358 O O a a .a C7 x U 07 z Q x Q ..a W x a O B c? C C u 0. a? y b E^o? zQ0 0. V -- A ". O u p•E y E N O y ? O C y'p E 0 L 6 L 3400 dIZ NOW 0311VVq LLOZ 9LdVVN 9SZL Zb000 a E W.o zs,zo NL ZO o c a V O O 7 ?+ o 53M09 AINlld SD C m 3 y ® 7 ? v T ?a aCi ® A `hb O 5 y - C .o .o 1 sDr sayd E E 'R 5,5 n E x E v w ? E y ? ao ? A o E ?? o ee = v qv v U o ? e4 _ ' T c • a - kn in a T A C M j O ti O O O w - E ? 4 Q . QM a o C O I- E ? Oc ? L O' V ` ° i V1 fQ ? y 'p^ o ° •o z z d ? x v ? c ? w w w a 0 o W p a a a ,ti w w a ~ rr ? a y ?Y, A a° w w O a y ?O N Q U U o a ? a 6> Q Q 2 > ti ra ? ° ? F tn Rn N N o i cn c C N Q x y a p T L N E ti ? ca z r- 00 v 00 M O N PHEL Phelan Hallinan & Schmieg, March 16, 2011 LINDA I. CASE A/K/A LINDA HILDABRANL 615 CEDAR RIDGE LANE MECHANICSBURG, PA 1705 RE: FIFTH THIRD MOR' HILDABRAND Premises Address: 2A CUMBERLAND Cou Dear Defendant, HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Representing Lenders in Pennsylvania and New Jersey E COMPANY v. LINDA I. CASE, A/K/A LINDA UND RIDGE ROAD MECHANICSBURG, PA 17055 CCP, No. 10-6943-CIVIL TERM Enclosed please find a e and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with umberland County Local Rule 208.3(9), I am seeking your concurrence with the requested elief that is, increasing the amount of the judgment. Please respond to me within 5 days, by March 16, 2011. Should you have further Otherwise, please be guided acc Very truly yo Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire or concerns, please do not hesitate to contact me. Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Chrisovalante P. Fliakos, Esquir( Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire / William E. Miller, Esquire Enclosure VERIFICATION I hereby state that I am make this verification, and that Damages are true and correct to undersigned understands that Pa.C.S. §4904 relating to the attorney for Plaintiff in this action, that I am authorized to statements made in the foregoing Motion to Reassess best of my knowledge, information and belief. The statement herein is made subject to the sworn penalties of 18 falsification of authorities. Phelan Hallinan & DATE: T. Phelan. %L Id. No. 32227 H Francis S. Halin5n, Esq., Id. No. ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 698 ? Judith T. Romano, Esq., Id. No. 5874 ? 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Aadr6w--C. Bramblett, Esq., Id. No. 208375 200A-11lison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 250358 Phelan Hallinan & Schmieg, LL 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. .69849 Judith T. Romano, Esq., Id. No. 8745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 8 077 Lauren R. Tabas, Esq., Id. No. 9-1337 Vivek Srivastava, Esq., Id. No. 2@2331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 6'791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 05047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 3 519 William E. Miller, Esq., Id. No. 08951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIFTH THIRD MORTGAGE C( Plaintiff ANY ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. LINDA I. CASE A/K/A LINDA HILDABRAND Defendant CUMBERLAND County No.: 10-6943-CIVIL TERM SERVI 250358 I hereby certify that true and Brief in Support thereof, LINDA I. CASE A/K/A LINDA HILDABRAND 615 CEDAR RIDGE LANE MECHANICSBURG, PA 1705`. correct copies of Plaintiffs Motion to Reassess Damages, sent to the following individual on the date indicated below. LINDA I. CASE A/K/A LINDA HILDABRAND 2A ROUND RIDGE ROAD MECHANICSBURG, PA 17055-9249 Phelan Hallinan & Schmiev, LLP DATE: ? Lawrence T. o. 32227 rands allinan, Esq., Id. No. 9? Daniel G. Schmieg, Esq., Id. No. 6055 ? 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 250358 FIFTH THIRD MORTGAGE COMPANY, PLAINTIFF V. LINDA I. CASE a/k/a LINDA HILDABRAND, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA cs C mco = n x? . „gyp • r? 10-6943 CIVIL TERM A A N to N Mr- -Om =Q C) C) ORDER OF COURT N; cn .7 T AND NOW, this day of March, 2011, a hearing on the within motion to reassess damages shall commence at 3:00 p.m., Thursday, June 16, 2011, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Albert . Masland, J. saa Allison F. Wells,bk- PH *5 Linda I.OXLU ies M ded -a,#q/1/ O&S P4i.c4detl 1?0?dtl?tit t 2011 AE'tr -6 Ali 9* ?9 a U'11BERLAND COUNT' PENNSYLVANIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIFTH THIRD MORTGAGE COMPANY Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. LINDA L CASE A/K/A LINDA HILDABRAND Defendant CUMBERLAND County No.: 10-6943-CIVIL TERM CERTIFICATION OF SERVICE 250358 I hereby certify that a true and correct copy of the Court's March 29, 2011, Order was sent to the following individual on the date indicated below. LINDA I. CASE A/K/A LINDA HILDABRAND 615 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 DATE: LINDA I. CASE A/K/A LINDA HILDABRAND 2A ROUND RIDGE ROAD MECHANICSBURG, PA 17055-9249 Phelan Hallinan & Lawrence T. an, Esq., Id. No. 227 Francis S. Hallinan, Esq., Id. No. 61695 ? 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? . Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF' 250358 1IW 64 1 f1e" 1"-/ 1')k t- i 116 {'J 61 (t ? tj '.) 6,1 1 t ;t' f k . j ? IN THE COURT OF COMMON PLEAS C OF CUMBERLAND COUNTY, PENNSYLVANIA FIFTH THIRD MORTGAGE COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION LINDA I. CASE A/K/A LINDA HILDABRAND Defendant(s) No.: 10-6943-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 (F9rT 3817) and/or Certifip? Mail Return Receipt stamped by the U.S. Postal Service is atta4ed hereto Exhibit Date: U a ence` rPhelah, Esq., Id. N9(32227 ? vui*he cis S. Hallinan, Esq., Id. W. 62695 ? el G. Schmieg, Esq., I o. 62205 ? hele M. Bradford, Esq., Id. No. 69849 ? T. Romano, Esq., Id. No. 58745 eetal R. Shah-Jani, Esq., Id. No. 81760 JeninR. 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff IMPORTA T OTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Iti -I/II A t"' 61ilk PHS # 250358 u r C a C c 0 a _°v PQ U ? ?a a `O ? a I\ u 1y? ??{yy N ?^pVl z¢ --- O dIZ W0? ?11tlmt ' £066L 3a0 ggZ!lZtiQ00 } .. Z093? WL ZO 8? L?OZ 9 0 ?SOd fem. r d 1 E W fWf W ,? ??, "' w ? ? • ao °O ao V1 ? E" W . ? 9 ? ? ?,.? P4 A ? W ? A4 .g?y ? ? a /rl ? N W y ? W ? ? ? M? WTI ? R 3xw SVa?J '9g ?8 ? Z c ? b $ F t3. w f? O Q a ? as ? ' e ? W ? U a a r= a o e ?. ? F z W W o P, b °, o ? e in ? a a Bo n a or ?, z j a o ;g a? 30 QQ c c a, W °o w.M•+ o>0 a °i ,~r. 3 al a> o?p+..r l, awa?? ???G 'e Wa p?' ?p ?? O ? " O ~? a e Ea' U ? 4 , ?al o ? o a ? ?.., a v as rA ? a a Z a? W eW F ? ez ° ? ?U U . e o c?, U x ?o ?.g S Ae Y3• ??•g? AD ? ? ? ?t ? ?? e Fu ?3 ? ? z ? N ? r?N a rrG? w zal A a H w ? x g .. N M ? u', ?O h oo O? H a S a? a c U? yy ? ?r cn U Wa a C GGG,a G zVo N 7 .? Y b E 0 4 6 4 3000 dIZ WoNA 031IVW 4402 94?Jm 99ZLLZO000 W4 ZO * 12 MI-) ozs zQ s I s o SOO V1 ? V1 pgviu hh .? 3 I? o in O in O - a. y W a a . N o o? 6? wi 9 w a s o O w rzi a d a ? .d W W a W ' in %D N •? W) v W v o w " a 46 a ? y z z 00 M 00 M N N ? "" °O PTC 3 00 tn M O N N AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY FIFTH THIRD MORTGAGE COMPANY PHS # 250358 DEFENDANT SERVICE TEAM/ kxc LINDA I. CASE A/K/A LINDA HILDABRAND COURT NO.: 10-6943-CIVIL TERM''_.? ' SERVE LINDA I. CASE A/K/A LINDA HILDABRAND AT: TYPE OF ACTION CMi'°,OO - 615 CEDAR RIDGE LANE XX Notice of Sheriffs Sale =M -t ' MECHANICSBURG, PA 17055 SALE DATE: 06/01/2011 r-- , .--' SERVED 33* - Served and made known to LINDA I. CASE , Defendant on the f'tiay of JAL 20 11 , at p CD e; =;F M., at ..fS " RI r-oF- E in the manner described below: 515', o'clock . ' CD ??? r VDefendant personally served. M: /vCC68(1461 P -r •r' _ Adult family member with whom Defendant(s) reside(s). 4 Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Description: Ag?e`? Height ?? Weight 13 S Race W Sex ? Other I, ri IcO?/? i? d L L , 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. Swornto and subsc bed before me this da of , 2 - C- 20_, at Does Not Exist KIMBERLY CURTY NOTARY PUBLIC STATE OF t4EW JERSEMY COMMISSION EXPIRES MANOT SERVED o'clock _. M., Defendant NOT FOUND because: _ Moved _ Does Not Reside (Not Vacant) at at 11 Service Other: Sworn to and subscribed before me this day -of Notary: By: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq, Id. No. 32227 Francis S. Haltinan, Esq, Id. No. 62695 Daniel G. Sduoleg, Esq, Id. No. 62205 Michele M.Brad1lbrd,Esq,1d.No.69fi49 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. Joins, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courlenay IL Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq, Id. No. 309519 William E. Miller Fsq Id No. 308951 One Penn center at SuKii;an Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 C`7 r-? =r Co C,. x'77 < CD r't „F Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1.400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIFTH THIRD MORTGAGE COMPANY Plaintiff Court of Common Pleas Civil Division vs. LINDA I. CASE CUMBERLAND County A/K/A LINDA HILDABRAND No.: 10-6943-CIVIL TERM Defendant PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on March 25, 2011 in the above referenced action. Phel HaQan, mieg, LLP DATE: ' By( , La eEsq., 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 250358 ? 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 250358 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIFTH THIRD MORTGAGE COMPANY Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. LINDA I. CASE CUMBERLAND County A/K/A LINDA HILDABRAND No.: 10-6943-CIVIL TERM Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Withdraw its Motion to Reassess Damages was served upon the following interested party on the date indicated below. LINDA I. CASE A/K/A LINDA HILDABRAND 615 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 LINDA I. CASE A/K/A LINDA HILDABRAND 2A ROUND RIDGE ROAD MECHANICSBURG, PA 17055-9249 250358 Phel Ha an & Schmieg, LLP DATE: By: Lawrence T. Phe a , 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? W** E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 250358 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson, ` - r Sheriff 01 fat -1 rr"., Jody S Smith '?o t ! i'j i?a: Chief Deputy ' 41?;kl ?? Richard W Stewart ?.a.?a?:r ? coUN 1 Y Solicitor :?F?? PE? vl ?? a'-1f1A)'jf14 Fifth Third Mortgage Company (et al.) vs. Linda Case Case Number 2010-6943 SHERIFF'S RETURN OF SERVICE 03/09/2011 07:21 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 2A Round Ridge Road, Mechanicsburg, PA 17055, Cumberland County. 03/09/2011 07:21 PM - Deputy Shawn Harrison, being duly sworn according to law, attempted service to the Defendant, to wit: Linda Case at 2A Round Ridge Road, Upper Allen Township, Mechanicsburg, PA 17055. The address was found to be vacant. 03/30/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Linda Case, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 2A. Round Ridge Road, Mechanicsburg, PA 17055, property is vacant, defendan did not leave a forwarding address with the post office. 06/01/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County, Courthouse, Carlisle, PA on June 1, 2011 at 10:00 a.m. He sold the same for the sum of $ 132,000.00 to Barbara Cavanaugh, c/o Jeremy Hess, 1770 Oregon Pike, Lancaster, PA 17601, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $3,717.82 SO ANSWERS, July 05, 2011 RON R ANDERSON, SHERIFF ?. `> ...?. ?r,.. c Counysuit . I;e;7K c cso`1. Inc. . 6,/ 6,3 3 SCHEDULE OF DISTRIBUTION Date Filed: June 23, 2011 Writ No. 2010-6943 Civil Term Fifth Third Mortgage Company -vs- Linda I. Case, A/K/A Linda Hildabrand 2A Round Ridge Road Mechanicsburg, PA 17055 Sale Date: June 1, 2011 Buyer: Barbara Cavanaugh Bid Price: $ 132,000.000 Real Debt: $ 204,029.43 Interest: 5198.70 Attorney Writ Costs: 178.50 Total Due: $ 209,406.63 DISTRIBUTION: Receipts: Cash on Account (02/01/2011): $ 1,500.00 Cash on Account (06/01/2011): 20,000.00 Cash on Account (06/16/2011): 119,828.00 Total Receipts: $ 141,328.00 Disbursements: Sheriffs Costs Legal Search Transfer Tax (Local) Transfer Tax (State) Dennis E. Zerbe, Upper Allen Tax Collector (2011 School Taxes) Upper Allen 'Township Commissioners (Sewer) Attorney Daniel Schmieg Fifth Third Mortgage Company Total Disbursements: Balance for distribution: So Answers: $ 3,417.82 300.00 2,444.00 2,444.00 4,101.22 858.17 1,500.00 126,262.79 ($141,328.00) 00.00 Ronny R. Anderson Sheri ff .p _ . SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale, Writ No. 2010-6943 Held June 1, 2011 EFFECTIVE DATE: June 1, 2011 PREMISES: 2A Round Ridge Road, Upper Allen Township, Cumberland County, Pennsylvania, Tax Parcel No. 42-29-2454-183 (the "Premises") RECITAL: Being the same Premises which Linda Hildabrand, now known as Linda 1. Case, by her deed dated June 7, 2007 and recorded August 16, 2007 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument No. 200732176, granted and conveyed unto Linda I. Case, single woman. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriff s sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established, 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2011. 20. Subject to the rights in the Premises by any spouse, if any, of Linda I. Case. 21. Subject to the legal operation and effect of the absence of any legal description pertaining to the Premises in the Sheriffs Notice of Sale. 22. Mortgage in the amount of $198,000.00 from Linda I. Case to Fifth Third Mortgage Co. dated June 7, 2007 and recorded August 16, 2007 to Instrument No. 200732177. -2- 23. Mortgage in the amount of $49,600.00 (open-end) from Linda I. Case to National City Bank dated June 7, 2007 and recorded August 16, 2007 to Instrument No. 200732178. 24. Judgment against Linda 1. Case and Linda Hildebrand in the amount of $204,029.43 entered December 29, 2010 in favor of Fifth Third Mortgage Company to No. 2010- 6943. 25. Judgment against Linda Case in the amount of $2,325.00 entered as a mechanics' claim November 10, 2009 in favor of Shay's Home Improvements, LLC to No. 2009-7815. 26. Subject to all building set-back lines, easements, restrictions, conditions, notes and all other matters appearing on the Plan of Bowman's Hill recorded in Plan Book 75, Page 41. 27. Subject to all matters appearing in the Declaration recorded in Misc. Book 440. Page 818. 28. Subject to the Sewer Easement Agreement recorded in Misc. Book 638, Page 1147. 29. Subject to the rights granted PPL in Misc. Book 616, Page 170. 30. Subject to the rights granted Verizon and PPL in Misc. Book 676, Page 552. 31. Subject to the rights granted PPL and Bell or Bell of PA in Misc. Book 452, Page 31 and in Misc. Book 465, Page 14. 32. Subject to the rights granted Sammons Communications of PA in Misc. Book 440, Page 2. 33. Subject to the Deed of Easement granted PennDOT in Misc. Book 214, Page404. 34. Subject to the drainage and signage easement cited in Instrument No. 200732176. 35. Subject to the rights of others in and to any portion of the Premises lying within or adjoining Round Ridge Road and South Market Street. 36. Subject to the coal and subsidence notice contained in Instrument No. 200732176. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By:&_ - Keith O. Brenneman -3- Writ No. 2010-6943 Civil Fifth Third Mortgage Company vs. Linda Case, a/k/a Linda Hildebrand Atty.: Francis S. Hallinan By virtue of a Writ of Execution NO. 10-6943-CIVIL TERM, FIFTH THIRD MORTGAGE COMPANY vs. LINDA I. CASE A/K/A LINDA HILDABRAND, owner(s) of property situate in the TOWNSHIP OF UP- PER ALLEN, Cumberland County, Pennsylvania, being 2A ROUND RIDGE ROAD, MECHANICSBURG, PA 17055-9249. Parcel No. 42-29-2454-183. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $204,029- EXHIBIT A FIFTH THIRD MORTGAGE COMPANY ?I Plaintiff LINDA 1. CASE A/K/A LINDA HILDABRAND Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-6943-CIVIL TERM CUMBERLAND COUNTY PHS # 250358 AFFIDAVIT PURSUANT TO RULE 3129.1 FIFTH THIRD MORTGAGE COMPANY, 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 2A ROUND RIDGE ROAD, MECHANICSBURG, PA 17055-9249. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) 2. 6. SAME AS ABOVE LINDA I. CASE A/K/A LINDA HILDABRAND 2A ROUND RIDGE ROAD MECHANICSBURG, PA 17055-9249 Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose.judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) SHAYS HOME IMPROVEMENTS, LLC 1095 YORK ROAD DILLSBURG, PA 17019 SHAYS HOME IMPROVEMENTS, LLC 714 BRIDGE STREET C/O ROBERT KLINE, ESQUIRE POST OFFICE BOX 461 NEW CUMBERLAND, PA 17070-0461 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) NATIONAL CITY BANK 6750 MILLER ROAD BRECKSVILLE, OH 44141 NATIONAL CITY BANK C/O NJB SETTLEMENT, INC 800 VINIAL STREET, SUITE 201 PITTSBURGH, PA 15212 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected / by the sale: s Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA LINDA I. HILDABRAND C/O MAUREEN E. BRUBAKER, ESQUIRE FIFTH THIRD MORTGAGE COMPANY NJB SETTLEMENT, INC. BOWMANS HILL HOMEOWNERS ASSOC. 2A ROUND RIDGE ROAD MECHANICSBURG, PA 17055-9249 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 3601 S. BROAD STREET PHILA, PA 19148 5050 KINGSLEY DRIVE, MD 1MOB 2X CINCINNATI, OH 45263 800 VINIAL STREET, SUITE 201 PITTSBURGH, PA 15212 2411 ROLLINGS HILLS DRIVE MECHANICSBURG, PA 17055 1 verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ' 4904 relating to unswo falsification to authorities. .lanuarv 20, 2011 By: Att ey At Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 V ncis S. Hallinan, Esq., Id. No. 62695 mel G. Schmieg, Esq., Id. No. 62205 chele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 FIFTH THIRD MORTGAGE COMPANY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. LINDA 1. CASE A/K/A LINDA HILDABRAND NO.: 10-6943-CIVIL TERM Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY 10: LINDA I. CASE A/K/A LINDA IILDABRAND 2A ROUND RIDGE ROAD MECHANICSBURG, PA 17055-9249 " i'E I IS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 2A ROUND RIDGE ROAD, MECHANICSBURG, PA 17055-9249 is scheduicd to be sold at the Sheriff s Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $204,029.43 obtained by FIFTH THIRD MORTGAGE COMPANY (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOi1 MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to,petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION 13y virtue of a Writ of Execution NO. 10-6943-CIVIL TERM FIFTH THIRD MORTGAGE COMPANY \'S. LINDA I. CASE AWA LINDA HILDABRAND owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland (:ounty, Pennsylvania, being (Municipality) 2A ROUND RIDGE ROAD MECHANICSBURG PA 17055-9249 Parcel No. 42-29-2454-183 (Acreage or street address) iprovements thereon: RESIDENTIAL DWELLING JUDGMENTAMOUNT: 52047029.43 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain lot or piece of ground situate in the Upper Allen Township, County of Cumberland and Commonwealth of Pennsylvania as shown on a Final Subdivision Plan of Bowman's Hill Lots 1 and 2 as prepared by Dawood Engineering, Inc as recorded in the Office of the Recorder of Cumberland County Pennsylvania in in Plan Book Volume 75 page 41 and being more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern side of Round Ridge Road and the western side of South Market Street; thence along the northern side of Round Ridge Road, South 58 degrees 13 minutes 35 seconds West, a distance of 67.01 feet to a point on the southeastern corner of Tract No 2-13; thence along the western side of Tract 2-13, North 31 degrees 24 minutes West, a distance of 170.26 feet to a point in the line of lands now or formerly of Spencer L. Eckels and Ruth K. Eckels; thence North 45 degrees 01 minute 42 seconds East, a distance of 64.32 feet to a point on the northeastern corner of Tract 2-A; thence along the eastern side of Tract 2-A.. South 33 degrees 08 minutes 05 seconds East, a distance of 184.99 feet to a point and the place of beginning. SAID TRACT NO 2-A being subject to a 25 foot wide drainage easement along the northern portion of the !?A being; more fully shown on the above mentioned referenced final plan. I,-, OLK AND SUBJECT TO a signage easement on the southeast corner of lots as shown on the above mentioned plan. TITLE TO SAID PREMISES VESTED M Linda 1. Case, a single woman, by Deed from Linda Hildabrand, now by divorce known as Linda L Case, dated 06/07/2007, recorded 08/16/2007 in Instrument Number 200732176. PP-EMISES BEING: 2A ROUND RIDGE ROAD, MECHANICSBURG, PA 17055-9249 PARCEL NO. 42-29-2454-183 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-6943-CIVIL TERM FIFTH THIRD MORTGAGE COMPANY VS. LINDA I. CASE A/K/A LINDA HILDABRAND owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 2A ROUND RIDGE ROAD MECHANICSBURG PA 17055-9249 Parcel No. 42-29-2454-183 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $204,029.43 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain lot or piece of ground situate in the Upper Allen Township, County of Cumberland and Commonwealth of Pennsylvania as shown on a Final Subdivision Plan of Bowman's Hill Lots 1 and 2 as prepared by Dawood Engineering, Inc as recorded in the Office of the Recorder of Cumberland County Pennsylvania in in Plan Book Volume 75 page 41 and being more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern side of Round Ridge Road and the western side of South Market Street; thence along the northern side of Round Ridge Road, South 58 degrees 13 minutes 35 seconds West, a distance of 67.01 feet to a point on the southeastern corner of Tract No 2-13; thence along the western side cif Tract 2-B, North 31 degrees 24 minutes West, a distance of 170.26 feet to a point in the line of lands now or formerly of Spencer L. Eckels and Ruth K. Eckels; thence North 45 degrees 01 minute 42 seconds Fast, a distance of 64.32 feet to a point on the northeastern corner of Tract 2-A; thence along the eastern side of Tract No 2-A, South 33 degrees 08 minutes 05 seconds East, a distance of 184.99 feet to a point and the place of beginning. SAID TRACT NO 2-A being subject to a 25 foot wide drainage easement along the northern portion of the lot, being more fully shown on the above mentioned referenced final plan. UNDER AND SUBJECT TO a signage easement on the southeast corner of lots as shown on the above mentioned plan. TITLE TO SAID PREMISES VESTED IN Linda 1. Case, a single woman, by Deed from Linda Hildabrand, now by divorce known as Linda I. Case, dated 06/07/2007, recorded 08/16/2007 in Instrument Number 200732176. PREMISES BEING: 2A ROUND RIDGE ROAD, MECHANICSBURG, PA 17055-9249 PARCEL, NO. 42-29-2454-183 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-6943 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIFTH THIRD MORTGAGE COMPANY, Plaintiff (s) From LINDA L CASE a/1Ja LINDA HILDABRAND (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 5204,029.43 L.L. 5.50 Interest from 12/29/10 to Date of Sale @$33.54 per diem -- 55,198.70 Atty's Comm % Due Prothy $2.00 Atty Paid $178.50 Other Costs Plaintiff Paid Date: 1/28/11 ? - David D. Buell, Prothonotary (Seal) v, Deputy REQUESTING PARTY: Name: MICHELE M. BRADFORD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, STE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 69849 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Cou at Carlisle, Pa. This _c2A*?-day of \JD n .20 U 0 Prothonotary on MarLii .5..:' 01 i 1h ? v led uporr tile, delendant:'s interest in the real property situated Trr Upper Allen I ownshtp, (urnbertand County, PIA, Known and numbered as, )A Round Ridge Road, Mechanicsburg, more fully described on. Exhibit "A" filed with this writ and by this reference incorporated hererri_. Date: March r . apt Deal Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical f'or the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 22, April 29, and May 6, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Co ne Editor SWORN TO AND SUBSCRIBED before me this 6 da of Ma 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-6943 Civil Fifth Third Mortgage Company VS. Linda Case, a/k/a Linda Hildebrand Atty.: Francis S. Hallinan By virtue of a Writ of Execution NO. 10-6943-CIVIL TERM, FIFTH THIRD MORTGAGE COMPANY vs. LINDA I. CASE A/K/A LINDA HILDABRAND, owner(s) of property situate in the TOWNSHIP OF UP- PER ALLEN, Cumberland County, Pennsylvania, being 2A ROUND RIDGE ROAD, MECHANICSBURG, PA 17055-9249. Parcel No. 42-29-2454-183. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $204,029- .43 11 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 z4fPatriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/22/11 2010-W3 CNN Term 04/29111 Rflh Thkd Mortgage Company 05/06/11 Linda Case, a/k/a Linda Hildebrand ?y Attrr. Francis S. Hallinan ...... ?........ . By virtue of a Writ of Execution NO. 10.6943-CrvuLTERM r IFtu THIRD MORTGAGE Sworn to and slubscribed be'fSre me th!?r23 day of May, 2011 A.D. CO,,WON1 vs. t. .. i ' LINDA I. CASE A/K/A LINDA , - -- `. HILDABRAND Notary Public owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being COMMONWEALTH OF PENNSYLVANIA (Municipality) 2A ROUND RIDGE ROAD, Notarial Seal Sherrie L Kisner, Notary Public MECHANICSBURG, PA 17055-9249 Parcel No 42-29-2454-183 ; Lower Paxton Twp., Dauphin County . (Acreage or street address) I My Commission 5*es Nov, 26, 2011 Improvements thereon: RESIDENTIAL Member, Pennsylvania Association of Notaries DWELLING JUDGMENT AMOUNT: $204,029.43 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Bollinger Hess Group LLc is the grantee the same having been sold to said grantee on the 1 day of June A.D., 202011, under and by virtue of a writ Execution issued on the 28 day of January, A.U. 202011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 6943, at the suit of Fifth Third Mortgage Company against Linda I. Case aka Linda Hildabrand is duly recorded as Instrument Number 20118988. IN TESTIMONY WHEREOF, I have hereunto set my hand and eal of said office this -----day of C, A.D. i? l/yl,,?l of Deeds Recorder of beads, CumberWd CmM Carraw, PA My Commission Expires the ft Monday of Jan. 2014