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HomeMy WebLinkAbout10-7196 iv ICE OF CUMBERLAND COUN& ' Ronny R Anderson S OFF SHERIFF M 15 Sheriff L4 r- W Wt?tt#rt tiirnbr?r? M C7 Jody S Smith ?? hr? -<> © f? Chief Deputy . Richard W Stewart c,,, Solicitor Citizens Bank of Pennsylvania vs. Patricia Howard Case Number 2010-7196 SHERIFF'S RETURN OF SERVICE 11/19/2010 09:19 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on November 19, 2010 at 2119 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Patricia Howard, by making known unto herself personally, at 162 E. Louther Street a/k/a 160 E. Louther Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.40 November 23, 2010 RONALD HOOVER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF c Goun':ySuite Shenff. Te!eosoft In;. LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. CF THE P OTHONoEtTAR e n Berschler Karl Esquire Atto ey Id. No. 88209 JUL -I ph 2. 04 Park 355 F Building ifth Avenue Suite 400 Attorney fo??UM LANU COUN LAND COUN , TY TY Eta Pittsb urgh, PA 15222 412-2 32-0808 Fax: 412-232-0773 ------ CITI ---------------------------------------------------- ENS BANK OF PENNSYLVANIA - Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY V. PAT CIA HOWARD Defendant. 7 ---------------------------------------------------- NO.: 2010-7196 PRAECIPE TO ENTER DEFAULT JUDGMENT TOME PROTHONOTARY: Please enter a judgment by default in the amount of $22,696.53, plus continuing interest at the per diem rate of $3.47, from June 30, 2011, and costs of suit, in favor of Plaintiff, Citizens of Pennsylvania, ("Citizens"), and against Defendant, Patricia Howard, ("Defendant"), for her f?ilure to answer or otherwise plead in response to the Complaint in Mortgage Foreclosure in this 4ction. In support thereof, Citizens avers the following: 1. On November 16, 2010, Citizens commenced this action by filing a Complaint in Foreclosure with a Notice to Defend (collectively, the "Complaint") against the above- cantibned Defendant. 2. On November 19, 2010, service of the Complaint was made personally upon Patricia Howard, by the Sheriff of Cumberland County at her residence at 162 E. Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013. A true and copy of the Affidavit of Service is attached hereto as Exhibit "A." v1q, 40 d ?d._#111 e6d-d 02993 Q`1 2-17 3. Defendant failed to plead in response to the Complaint within twenty (20) days. 4. On December 17, 2010, a Notice of Intention to Enter Judgment By Default was serv d upon the Defendant by United States first class regular mail at 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013. A true and correct copy of the Notice is attached hereto and labeled as Exhibit "B." 5. More than ten (10) days have elapsed since the Notices of Intention to Enter Judg ent By Default were mailed to Defendants, and to date no responsive pleading has been at 6. Damages should be assessed in the amount of $22,696.53, plus per diem interest rate of $3.47, from June 30, 2011, and costs of suit, which is calculated as follows: Principal $ 18,133.56 Accrued interest (through 06/30/11) 1,778.21 Accrued late charges 464.76 BPO/Appraisal 400.00 Title Reports 620.00 Attorneys fees 1,000.00 Attorneys costs 300.00 TOTAL REAL DEBT $ 22,696.53 7. The aforementioned sum is the amount demanded in the Complaint with interest d forward to June 29, 2011. WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, demands Judgment in Foreclosure in its favor and against Defendant, Patricia Howard, in the amount of 6.53, plus continuing interest at the per diem rate of $3.47, from June 30, 2011, and any and *11 additional attorneys fees and costs and any other costs and charges collectible under the and for the foreclosure and sale of the Property. Respectfully submitted, THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC 1 BY: Cku L ?Uahren Bers ler Karl, Esquire Attorneys for Plaintiff, Citizens Bank of Pennsylvania June 29, 2011 THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. Laur n Berschler Karl, Esquire Attorney Id. No. 88209 Park Building Attorney for Plaintiff 355 ifth Avenue, Suite 400 Pitts urgh, PA 15222 412- 32-0808 Fax: 412-232-0773 CITIZENS BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO.: 2010-7196 PAT CIA HOWARD Defendant. CERTIFICATION OF SERVICE OF NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT I, Lauren Berschler Karl, Esquire, hereby certify that on December 17, 2010, I served a Noti e of Intention to Enter Judgment By Default upon Defendant, Patricia Howard, by United States first class regular mail at 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013. By: w ?Wcw ??- -?Juren Bers hler Karl, Esquire Attorney for laintiff Citizens Bank of Pennsylvania THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. Lauren Berschler Karl, Esquire Atto ey Id. No. 88209 Park Building Attorney for Plaintiff 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax: 412-232-0773 ------ ------------------------------------------------------ v. PA BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2010-7196 ICIA HOWARD Defendant. .--------------------.------------------------------- CERTIFICATION OF ADDRESSES I, Lauren Berschler Karl, Esquire, hereby certify that the address of Plaintiff, Citizens of Pennsylvania, is 10561 Telegraph Road, Glen Allen, VA 23059, and that the last known ss of Defendant, Patricia Howard, is 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. .er Street, Carlisle, PA 17013. By: Lauren Be chler Karl, Esquire Attorney t Plaintiff Citizens Bank of Pennsylvania THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. Lauren Berschler Karl, Esquire Attorney Id. No. 88209 Park Building Attorney for Plaintiff 355 Fifth Avenue, Suite 400 Pitts urgh, PA 15222 412- 32-0808 Fax: 412-232-0773 ------ ----------------------------------------------------- CITI ENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY V. NO.: 2010-7196 PAT CIA HOWARD Defendant. ------------------------------------------------------------ AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF ALLEGHENY Lauren Berschler Karl, Esquire, being duly sworn according to law, deposes and states that she is the a omey for Citizens Bank of Pennsylvania, and as such, is authorized to make this Affidavit on its behalf, and that, to the best of her knowledge, information and belief, Defendants, Patricia Howard, is not in the military or naval service of the United States or its allies or otherwise within the provisions of the Soldi rs and Sailors Civil Relief Act of 1940 and/or its amendments. auren Bersc ler Karl, Esquire of to and subsPa me this day .2011. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Abby Fer9us0n, Notary publlc ctty 0f ptttsburgh, Allegheny county My Commission Expires pct, 1, 2013 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY . Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Citizens Bank of vs. Patricia Howard nsylvania ?tatl??p ;, 4 tu?d(1,,????1U Case Number 2010-7196 SHERIFF'S RETURN OF SERVICE 11/19/2010 09:19 M -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on Novem er 19, 2010 at 2119 hours, he served a true copy of the within Complaint and Notice, upon the within amed defendant, to wit: Patricia Howard, by making known unto herself personally, at 162 E. Louthe Street a/k/a 160 E. Louther Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at he same time handing to her personally the said true and correct copy of the same. RONALD HOOVER, DEPUTY SHERIFF COST: November 23, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF EXHIBIT "B" THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC Park Building licensed in NJ and PA 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax: 412-232-0773 December 17, 2010 Patricia H oward 162 E. Lo o ther Street Carlisle, P 17013 a1k/a 160 E. Lo ther Street Carlisle, P 17013 Re: Ci izens Bank of Pennsylvania v. Patricia Howard C P Cumberland County, Docket No. 2010-7196 Dear Ms. }Howard: Ple se note, this office represents Citizens Bank of Pennsylvania in the above-referenced matter. E closed please find a Notice of Intention to Enter Judgment by Default. Y, e stc ler arl LBK/j es Enclosure Howard. I Odayl tr,1121710 THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. Lauren Berschler Karl, Esquire Attorney Id. No. 88209 Pak Building 35 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fa : 412-232-0773 Cl IZENS BANK OF PENNSYLVANIA ---- ---------------------------------------------- Plaintiff, V. PA To CIA HOWARD Defendant. -------------------------------------------------- COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2010-7196 PATRICIA HOWARD 2 of Notice: December 17, 2010 IMPORTANT NOTICE C Y N YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 'EARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE JRT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST J. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A >GMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO F HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. S OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. d.TenDayNofice 121710 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER iAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 34 South Bedford Street Carlisle, PA 17013 717-249-3166 Respectfully submitted, THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC BY: uren Ber hler Karl, Esquire Attorney for 'Plaintiff, Citizens Bank of Pennsylvania TenDayNotice 121710 -2- DAI PRC To: V. PA J IF) AT" PROTHONOTARY COURT OF COMMON PLEAS - CUMBERLAND COUNTY CARLISLE, PA ID.BUELL 1ONOTARY Patricia Howard 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2010-7196 IA HOWARD Defendant. NOTICE .pant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a ment has been entered against you in the above proceeding as indicated below. DA VID D. B UELL PROTHONOTARY X Judgment by Default ($22,696.53) Money Judgment Judgment in Replevin L4 Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings OU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ORNEY LAUREN BERSCHLER KARL at this telephone number: (412) 232-0808. .. 'Kt ? ,. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-7196 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIZENS BANK OF PENNSYLVANIA, N.A., Plaintiff (s) From PATRICIA HOWARD (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: $22,696.53 Interest $870.97 FROM 6/30/11 - 3/7/12 ($3.47/DAY) Atty's Comm: % Due Prothy: $2.00 Atty Paid: $165.90 Other Costs: Plaintiff Paid: L.L.: $.50 Date: 11/22/11 (Seal) REQUESTING PARTY: Name: LAUREN BERSCHLER KARL, ESQUIRE Address: LAW OFFICES OF LAUREN BERSCHLER KARL, LLC 355 FIFTH AVENUE, SUITE 400 PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-232-0808 Supreme Court ID No. 88209 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION CITIZENS BANK OF PENNSYLVANIA ? Confession Judgment Plaintiff, ¦ Other - MORTGAGE FORECLOSURE File No. 2010-7196 Civil Term V. Amount Due: $22,696.53, plus PATRICIA HOWARD Interest: $870.97 from 6/30/11-3/7/ Defendant. ($3.47/day), plus r n co --° __ Atty's Comm: $0.00, plus `-l Costs: to be added" t" . TO THE PROTHONOTARY OF CUMBERLAND COUNTY: -> c- -, 1 r The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 as more fully described in Exhibit "A" attached hereto. Date: i 6 ? sa d CLamt r C or- C1 O. M ?, u ILA. M U [( a. 5o « Signature: Print Name: Address: Attorney for: Telephone: S ren tAchler e11 Karl, Esquire 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 Plaintiff 412-232-0808 Supreme Court ID No.:88209 x.00 ? . I a. so cu- S3 0( 04 a ? cosy 0& (1 eE dl<;-? ALL THAT CERTAIN parcel of land, together with the improvements erected thereon, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, BEGINNING at a point on the southern line of East Louther Street at corner of lands now or late of Elmer G. Shultz and Mary A. Shultz, his wife, said point being one hundred twenty-four (124) feet, more or less, measured westwardly along the southern line of East Louther Street from the southwest corner of East Louther Street and North East Street; thence in a westerly direction, along the southern line of East Louther Street, twenty (20) feet five (5) inches, more or less, to a point on the eastern line of a two and one-half (2 1/2) feet wide private passageway used in common by properties Nos. 158 and 160 East Louther Street, said point being also on the line coinciding with the center line of the partition wall on the second floor level between the two and one-half (2 1/2) story dwelling known as Nos. 158 and 160 East Louther Street; thence in a southerly direction along said line twenty-four (24) feet five (5) inches to a point at the southwest corner of the two and one-half (2 1/2) story brick dwelling, known as No. 160 East Louther Street; thence in a southerly direction two (2) feet eight (8) inches to a point in the center of the fence line between said properties Nos. 158 and 160 East Louther Street; thence in a southerly direction along said fence line ninety-eight (98) feet three (3) inches, more or less, to a point on a fifteen (15) feet wide private alley; thence in an easterly direction along the northern line of said private alley twenty-one (21) feet eight (8) inches to a point; thence in a northerly direction along a line parallel with North East Street and along other lands now or formerly of Robert L. Myers, Jr. and Evelyn M. Myers and lands now or formerly of Elmer G. Shultz and Mary A. Shultz, his wife, one hundred twenty-five (125) feet to East Louther Street, the point or place of BEGINNING. HAVING THEREON ERECTED a two and one half story brick, slate roof dwelling, known as No. 160 East Louther Street, Carlisle, Pennsylvania, said property being also sometimes designated as No. 162 East Louther Street. TOGETHER with the right to use the above mentioned fifteen (15) wide private alleyway bounding the above described properties on the South for purposes of ingress, egress and regress to and from the above described property; and together with the right to use the two and one-half (2 1/2) feet wide private alley or passageway between said properties Nos. 158 and 160 East Louther Street located and lying upon said property No. 158 East Louther Street and extending from East Louther Street southerly along the dividing line between said properties a distance of twenty-six (26) feet nine (9) inches for the purpose of ingress, egress and regress to and from said property herein conveyed in common with the owners and occupiers of said property No. 158 East Louther Street abutting on the West. THE GRANTOR grants unto the grantees herein all of the rights reserved unto herself, her heirs and assigns, to the western most five (5) feet of the lot, now or late of Elmer G. Shultz and Mary A. Shultz, his wife, abutting on the hereinbefore described property on the East and extending from Louther Street on the North to a private driveway on the South, at a width of five (5) feet, for light, air, overhang of eaves, gutters, windows and the right of passage to and from said alley and for the use in painting, repairing and improving said property hereinbefore described, provided, however, that said portion of said lot abutting on the East shall not at any time be built upon, as set forth in the deed of Robert L. Myers, Jr. And Evelyn M. Myers, his wife, to Elmer G. Shultz and Mary A. Shultz, his wife, dated 1946, and recorded in the Office aforesaid in Deed Book 13, Volume "D", page 17. BEING the same property that Patricia A. Howard and David G. Howard, by Deed dated June 20, 2002, and recorded on June 20, 2002 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 252, page 1331, granted and conveyed unto Patricia A. Howard BEING COMMONLY KNOWN AS: 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 PARCEL NO. 02-21-0318-287 EXHIBIT "A" THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. Lauren Berschler Karl, Esquire Attorney Id. No. 88209 Park Building Attorney for Plaintiff 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax: 412-232-0773 CITIZENS BANK OF PENNSYLVANIA Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2010-7196 PATRICIA HOWARD Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 ixy cZI a;» C r7 < > c? . C- t:^=a v ?a c:.., LAUREN BERSCHLER KARL, ESQUIRE, attorney for Plaintiff in the above action, sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 162 E. Louther Street, Carlisle PA 17013 a/k/a 160 E. Louther Street, arlisle PA 17013, as more fully described in the metes and bounds description attached hereto, and made a part hereof, and identified as Exhibit "A": Name and address of Owner(s) or Reputed Owner(s): Name Patricia Howard Address 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Patricia Howard 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 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 so indicate) Citizens Bank of Pennsylvania 10561 Telegraph Road Glen Allen, VA 23059 Discover Bank, Issuer of Discover Card by Its Agent Discover Financial Services, LLC P.O. Box 6011 Dover, DE 19903-6011 and c/o Edward Stock, Esquire Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Discover Bank 6500 New Albany Road New Albany, OH 43054 and c/o William T. Molzcan, Esquire and/or James C. Warmbrodt, Esquire Weltman, Weinberg & Reis Co., LPA 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 JMMMPC Co., Assignee for Chase Manhattan Bank LVNV Funding, LLC P.O. Box 832 221 E. Market St. Clearfield, PA 16830 And c/o Joseph Colavecchi, Esquire Colavecchi & Colavecchi P.O. Box 131 221 East Market Street Clearfield, PA 16830 2417 Welsh Rd., Suite 21 #520 Philadelphia, PA 19114 and c/o David J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Rd. C306 Mt. Laurel, NJ 08054 4 5. 6. LVNV Funding, LLC, Assignee of GE Capital/Wal-Mart 15 South Main St. Greenville, SC 29601 And c/o David R. Galloway, Esquire 4660 Trindle Rd., Ste. 300 Camp Hill, PA 17011 Name and last known address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) Citizens Bank of Pennsylvania 1735 Market Street Philadelphia, PA 19103 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so 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 so indicate) PA Dept. of Public Welfare- Bureau of Child Support Health & Welfare Building P.O. Box 2675 Harrisburg, PA 17105 Domestic Relations Section of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Name and address of every 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 so indicate) None. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. ?I 15 KJ Date en Bersc ler Karl, Esquire Sworn to and Subscribed before me this 161-1'' day of Noy ?et2 , 2011. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Abby Ferguson, Notary Public city at Pittsaurgh, Allegheny County My Commission Expires Oct 1, 2013 ALL THAT CERTAIN parcel of land, together with the improvements erected thereon, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, BEGINNING at a point on the southern line of East Louther Street at corner of lands now or late of Elmer G. Shultz and Mary A. Shultz, his wife, said point being one hundred twenty-four (124) feet, more or less, measured westwardly along the southern line of East Louther Street from the southwest corner of East Louther Street and North East Street; thence in a westerly direction, along the southern line of East Louther Street, twenty (20) feet five (5) inches, more or less, to a point on the eastern line of a two and one-half (2 1/2) feet wide private passageway used in common by properties Nos. 158 and 160 East Louther Street, said point being also on the line coinciding with the center line of the partition wall on the second floor level between the two and one-half (2 1/2) story dwelling known as Nos. 158 and 160 East Louther Street; thence in a southerly direction along said line twenty-four (24) feet five (5) inches to a point at the southwest corner of the two and one-half (2 1/2) story brick dwelling, known as No. 160 East Louther Street; thence in a southerly direction two (2) feet eight (8) inches to a point in the center of the fence line between said properties Nos. 158 and 160 East Louther Street; thence in a southerly direction along said fence line ninety-eight (98) feet three (3) inches, more or less, to a point on a fifteen (15) feet wide private alley; thence in an easterly direction along the northern line of said private alley twenty-one (21) feet eight (8) inches to a point; thence in a northerly direction along a line parallel with North East Street and along other lands now or formerly of Robert L. Myers, Jr. and Evelyn M. Myers and lands now or formerly of Elmer G. Shultz and Mary A. Shultz, his wife, one hundred twenty-five (125) feet to East Louther Street, the point or place of BEGINNING. HAVING THEREON ERECTED a two and one half story brick, slate roof dwelling, known as No. 160 East Louther Street, Carlisle, Pennsylvania, said property being also sometimes designated as No. 162 East Louther Street. TOGETHER with the right to use the above mentioned fifteen (15) wide private alleyway bounding the above described properties on the South for purposes of ingress, egress and regress to and from the above described property; and together with the right to use the two and one-half (2 1/2) feet wide private alley or passageway between said properties Nos. 158 and 160 East Louther Street located and lying upon said property No. 158 East Louther Street and extending from East Louther Street southerly along the dividing line between said properties a distance of twenty-six (26) feet nine (9) inches for the purpose of ingress, egress and regress to and from said property herein conveyed in common with the owners and occupiers of said property No. 158 East Louther Street abutting on the West. THE GRANTOR grants unto the grantees herein all of the rights reserved unto herself, her heirs and assigns, to the western most five (5) feet of the lot, now or late of Elmer G. Shultz and Mary A. Shultz, his wife, abutting on the hereinbefore described property on the East and extending from Louther Street on the North to a private driveway on the South, at a width of five (5) feet, for light, air, overhang of eaves, gutters, windows and the right of passage to and from said alley and for the use in painting, repairing and improving said property hereinbefore described, provided, however, that said portion of said lot abutting on the East shall not at any time be built upon, as set forth in the deed of Robert L. Myers, Jr. And Evelyn M. Myers, his wife, to Elmer G. Shultz and Mary A. Shultz, his wife, dated 1946, and recorded in the Office aforesaid in Deed Book 13, Volume "D", page 17. BEING the same property that Patricia A. Howard and David G. Howard, by Deed dated June 20, 2002, and recorded on June 20, 2002 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 252, page 1331, granted and conveyed unto Patricia A. Howard BEING COMMONLY KNOWN AS: 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 PARCEL NO. 02-21-0318-287 EXHIBIT "A" THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. Lauren Berschler Karl, Esquire Attorney Id. No. 88209 _ Park Building Attorney for Plaintiff r 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax: 412-232-0773 ?? r -` ----------------------------------------------------------- - :Z o r> ` CITIZENS BANK OF PENNSYLVANI A c , Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO.: 2010-7196 PATRICIA HOWARD Defendant. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE TO THE DEFENDANT: PATRICIA HOWARD DATE OF SALE: MARCH 7, 2012 AT 10:00 A.M. PROPERTY TO BE SOLD: 162 E. LOUTHER STREET, CARLISLE, PA 17013 A/K/A 160 E. LOUTHER STREET, CARLISLE, PA 17013 PLACE OF SALE: CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013 To prevent this Sheriff's Sale, you must take immediate action: The sale will be canceled if you pay to Citizens Bank of Pennsylvania the sum of $22,696.53 plus interest and costs. To find out how much you must pay, you may call Lauren Berschler Karl, Esquire at (412) 232-0808. 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 and 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. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling Lauren Berschler Karl, Esquire at (412) 232-0808. 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. 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 occurred, you may call Lauren Berschler Karl, Esquire at (412) 232-0808. 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. You have a 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 real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on a date specified by sheriff not later than thirty (30) days following the sale. 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 schedule of distribution. 7. You may also have other rights and defenses or ways of getting your property 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 32 Bedford Street Carlisle, PA 17103 1-800-990-9108 717-249-3166 ALL THAT CERTAIN parcel of land, together with the improvements erected thereon, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, BEGINNING at a point on the southern line of East Louther Street at corner of lands now or late of Elmer G. Shultz and Mary A. Shultz, his wife, said point being one hundred twenty-four (124) feet, more or less, measured westwardly along the southern line of East Louther Street from the southwest corner of East Louther Street and North East Street; thence in a westerly direction, along the southern line of East Louther Street, twenty (20) feet five (5) inches, more or less, to a point on the eastern line of a two and one-half (2 1/2) feet wide private passageway used in common by properties Nos. 158 and 160 East Louther Street, said point being also on the line coinciding with the center line of the partition wall on the second floor level between the two and one-half (2 1/2) story dwelling known as Nos. 158 and 160 East Louther Street; thence in a southerly direction along said line twenty-four (24) feet five (5) inches to a point at the southwest corner of the two and one-half (2 1/2) story brick dwelling, known as No. 160 East Louther Street; thence in a southerly direction two (2) feet eight (8) inches to a point in the center of the fence line between said properties Nos. 158 and 160 East Louther Street; thence in a southerly direction along said fence line ninety-eight (98) feet three (3) inches, more or less, to a point on a fifteen (15) feet wide private alley; thence in an easterly direction along the northern line of said private alley twenty-one (21) feet eight (8) inches to a point; thence in a northerly direction along a line parallel with North East Street and along other lands now or formerly of Robert L. Myers, Jr. and Evelyn M. Myers and lands now or formerly of Elmer G. Shultz and Mary A. Shultz, his wife, one hundred twenty-five (125) feet to East Louther Street, the point or place of BEGINNING. HAVING THEREON ERECTED a two and one half story brick, slate roof dwelling, known as No. 160 East Louther Street, Carlisle, Pennsylvania, said property being also sometimes designated as No. 162 East Louther Street. TOGETHER with the right to use the above mentioned fifteen (15) wide private alleyway bounding the above described properties on the South for purposes of ingress, egress and regress to and from the above described property; and together with the right to use the two and one-half (2 1/2) feet wide private alley or passageway between said properties Nos. 158 and 160 East Louther Street located and lying upon said property No. 158 East Louther Street and extending from East Louther Street southerly along the dividing line between said properties a distance of twenty-six (26) feet nine (9) inches for the purpose of ingress, egress and regress to and from said property herein conveyed in common with the owners and occupiers of said property No. 158 East Louther Street abutting on the West. THE GRANTOR grants unto the grantees herein all of the rights reserved unto herself, her heirs and assigns, to the western most five (5) feet of the lot, now or late of Elmer G. Shultz and Mary A. Shultz, his wife, abutting on the hereinbefore described property on the East and extending from Louther Street on the North to a private driveway on the South, at a width of five (5) feet, for light, air, overhang of eaves, gutters, windows and the right of passage to and from said alley and for the use in painting, repairing and improving said property hereinbefore described, provided, however, that said portion of said lot abutting on the East shall not at any time be built upon, as set forth in the deed of Robert L. Myers, Jr. And Evelyn M. Myers, his wife, to Elmer G. Shultz and Mary A. Shultz, his wife, dated 1946, and recorded in the Office aforesaid in Deed Book 13, Volume "D", page 17 BEING the same property that Patricia A. Howard and David G. Howard, by Deed dated June 20, 2002, and recorded on June 20, 2002 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 252, page 1331, granted and conveyed unto Patricia A. Howard BEING COMMONLY KNOWN AS: 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 PARCEL NO. 02-21-0318-287 THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. Lauren Berschler Karl, Esquire Attorney Id. No. 88209 Park Building Attorney for Plaintiff 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax: 412-232-0773 CITIZENS BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY r r _ NO.: 2010-7196 PATRICIA HOWARD Defendant. ? C:: CD C- ACT 6 AND ACT 91 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS. I, Lauren Berschler Karl, Esquire, being duly sworn according to law, depose and say that I am counsel for the Plaintiff, and that I am authorized to make this Affidavit on its behalf, and that the provisions of Act 6 codified at 41 P. S. §101 et seq. and the provisions of Act 91 codified at 35 P.S. §1680.401c et seq. have been complied with. 10151n I W Luow tj ea 616n Bers ler Karl, Esquire Sworn to and Subscribed before me this IV" day of ?w CAWRL , 2011. - rj&-? Notary Pub c COMMONWEALTH OF PENNSYLVANIA Notarial Seal Abby Ferguson, Notary Public City of Pittsburgh, Allegheny County My Commission Expires OcL 1, 2013 THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. Lauren Berschler Karl, Esquire Attorney Id. No. 88209 Attorney for Plaintiff 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax: 412-2=2-0773 ------------------------------------------------------------- CITIZENS 13ANK OF PENNSYLVANIA Plaintiff, V. PATRICIA HOWARD Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2010-7196 -------------------------------------------------- AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 rn ccO rn o., ca n c-.) . ?a c E3 'e I, Lauren Berschler Karl, Esquire, having been duly sworn, hereby certify that: 1. The written notice to Defendant required under Pa. R.C.P. 3129.2 was served by first class certified United States Mail return receipt requested and by first class United States mail on January 10, 2012 upon Defendant, Patricia Howard, at 162 E. Louther Street, Carlisle, PA 17013 JAJa 160 E. Louther Street, Carlisle, PA 17013. Proofs of mailing are attached hereto and labeled as Exhibit "A." 2. The written notice to Defendant required under Pa. R.C.P. 3129.2 was served upon Defendant, Patricia Howard, on January 12, 2012 at 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013, by certified mail. The original signed green card and the USPS Confirmation page are attached hereto and labeled as Exhibit "B." . 3. The written notice to all persons named in Plaintiff's 3129.1 Affidavit other than the Defendant required under Pa. R.C.P. 3129.2 was served by first class United States mail on January 10, 2012, upon the following: Discover Bank, Issuer of Discover Card, by Its Agent Discover Financial Services, LLC P.O. Box 6011 Dover, DE 19903-6011 and c/o Edward Stock, Esquire Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Discover Bank 6500 New Albany Road New Albany, OH 43054 and c/o William T. Molzcan, Esquire and/or James C. Warmbrodt, Esquire Weltman, Weinberg & Reis Co., LPA 1400 Koppers Bldg., 436 Seventh Avenue Pittsburgh, PA 15219 JMMMPC Co., Assignee for Chase Manhattan Bank P.O. Box 832 221 E. Market St. Clearfield, PA 16830 and c/o Joseph Colavecchi, Esquire Colavecchi & Colavecchi P.O. Box 131 221 E. Market St. Clearfield, PA 16830 LVNV Funding, LLC 2417 Welsh Rd., Suite 21 #520 Philadelphia, PA 19114 and c/o David J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Rd. C306 Mt. Laurel, NJ 08054 LVNV Funding, LLC, Assignee of GE Capital/Wal-Mart 15 South Main St. Greenville, SC 29601 and c/o David R. Galloway, Esquire 4660 Trindle Rd., Ste. 300 Camp Hill, PA 17011 PA Dept. of Public Welfare- Bureau of Child Support Health & Welfare Building P.O. Box 2675 Harrisburg, PA 17105 Domestic Relations Section of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Proofs of mailing are attached hereto and labeled as Exhibit "C." Respectfully Submitted, THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. n BY: L r^ LiA)' (. 4auren B schler Karl, Esquire Attorneys for Plaintiff EXgIgIT 4(087 1 Postal MAIL- RECEIPT (Domestic r- i Only; No Insurance Coverage Provided) CO - m ' O reea?c DIr 4?At'+t ru L rU Postage Lr7 Certified Fee $2.85 1 22 fY1 - - ---- Postmark C3 C7 Return Receipt Fee (Endorsement Required) $2.30 Here 1-3 Restricted Delivery Fee $1 00 C3 (Endorsement Required) . ~ ? Total Postage & Fees $5.59 01/10/2012 $ en Ti 1 L (C CTS' c ( °-- r Q ---------------- ------ - - -- - ---- v ` - --- wT` ' iV- - - C rare, Z! +C - !__ - / i i See Re 3800. August 2006 nstruct ons verse for UNITEDSTATES Certificate C 040 NN POSILAL SERVICEa Mailin t VA to o N This Certificate of Mailing provides evidence that mail has been presented to USPS@ for mailin Lr, m T` N ?-- This form may be e5e-d fnr nnm-n, -A i-------__:, From L B Karl . . . Park Building s'=t ry 4 ZO }0 /t 355 Fifth Avenue, Suite 400 N Pittsburgh, PA 15222 ! c'`'rate _M o '',s arna T°: t Gc { M J ? , r??$ %Nn (a I'LL If -4" wx &xAhP-XJ tS PS Form 3817, April 2007 PSN 7530-02-000-9065 EXHIBIT (04VI USPS.com® -Track & Confirm English c-wrr,er Service LISPS Mobile uses .o ck T r is Track & Confirm GET EMAIL UPDATES PR?!T DF i A;E_S YOUR LABEL ',Ut,'?BER 70101870000352621)3P7 Check on Anothor Item Mat's your label (or receipt) number? LEGAL -'gin-ary F'ci?.y =w of Use; No FEAR EE- D ita Register I Sign in 7'age 1 of I Username Create a USPS.com account to... • print shlpp.n0 labels. SEL??rh t.;,>F"' oI T?o::= r'acka;ies s r?(Iu asE a t:;rar r Picli.ip a ouy Slarnps and shop. Password • rFFan :agH {'i.?PJt)Kra$. Ship a Package Send Mail ,Aanage: Q)n4Igi>tr>Fn:;t rrrFS nmp E:usirF s ?oiutans s file r:cmesik: Insulance, Clair`+5 Hint: It's at least 7 characters long, Including Sig.ri Ut Now > a letter and number. Sign in Forgotvourpassworad> BERVICE STATUS OF YOUR ITEPo1 DATE 8T; WE I.OCATI6N EEdtTURE- First-Class Mail" Delivered January 12, 2012, 2:15 pm CARLISLE, PA 17013 Expected Delivery By: January 12, 2012 Certified Mail's Return Receipt ON USPS.COM Governmen se",Ces , Guy stan"ps 3 Shop , ('rirt a Label With E'osi ..96 custorrer 5'en.,Ge Site Index Arrival at Unit January 12, 2012, 712 am CARLISLE, PA 17013 Depart USPS Sort January 12, 2012 HARRISBURG, PA 17107 Facility Processed at USPS January 12, 2012, 12:0,3 am HARRISBURG, PA 17107 Origin Sort Facility Acceptance January 10, 2012, 4:51 pm PITTSBURGH, PA 15222 ON ABOUT.USPS.COM ;acuL11 JSPS H brre lvl.ail :;are: rs ¦ Complete Items 1, 2, and 3. Also complete , A. Item 4 if Restricted Delivery is desired. A X ¦ Print your name and address on the reverse \\, so that we can return the card to you. -E; ¦ Attach this card to the back of the mailpiece, or on the front If space permits. Icle Addressed to* (} C- OLJ-,r C, t3 OTHER USPS SITES ness" ?° rr G e•,vay Past dl > r 0 Agent `a O ressee Ftee ive by ( PrinteO Name) C. Dat of Delivery Is delivery address different from Item 1? U Yes If YES, enter delivery address below: 0 No U O ?- . L -W 3. Servhce Tipe . 1010\ (-161 Mortified Mail Express Mail f J ? Registered gRetum Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (transfer from seMce fabeq 7 010 1870 0003 5262 038? PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 https://tools.u!;ps.com/go/TrackConfirmAction. action 1/24/2012 EXHIBIT "C" Name and Address Check type of mail or service: of Sender ? Registered Mail F? Express Mail The Law Offices of Lauren Berschler ? Insured ? Recorded Delivery (International) Karl, LLC ? Certified ? Return Receipt for Merchandise: 355 Fifth Avenue, Ste. 400 Pittsburgh, PA 15222 ... . Line Article Number Addressee Name, Street, and PO Address Postage Fee Discover Bank, Issuer of Discover Card, by Its Agent 1 Discover Financial Services, LLC P.O Box 6011 Dover, DE 19903-6011 Discover Bank, Issuer of Discover Card, by Its Agent Discover Financial Services, LLC c/o Edward Stock, Esq. 2 Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Discover Bank 3 6500 New Albany Road Gs '? '''PITNEY BOWES $ 005.040 00 ' JAN 10 2012 EF i F{t?1d, CODE 1 5222 Hands bars Actual Value F if Received New Albany, OH 43054 PA Dept. of Public Welfare-Bureau of Child Support, Health 4 & Welfare Bldg. P.O. Box 2675 _ Harrisburg, PA 17105 ....... .... ...... ...... Discover Bank c/o William T. Molzcan, Esq. and/or 5 James C. Warmbrodt, Esq., Weltman, Weinberg & Reis Co. 1400 Koppers Bldg., 436 Seventh Avenue Pittsburgh, PA 15219 JMMN,fPC Co., Assignee for Chase Manhattan Bank 6 P.O. Box 832, 221 E. Market St. Clearfield, PA 16830 JMMMPC Co., Assignee for Chase Manhattan Bank 7 c/o Joseph Colavecchi, Esq., Colavecchi & Colavecchi P.O. Box 131, 221 E. Market St. Clearfield, PA 16830 LVNV Funding, LLC 8 2417 Welsh Rd., Suite 21 #520 Philadelphia, PA 19114 LVNV Funding, LLC c/o David J. Apothaker, Esquire 9 Apothaker & Associates, P.C. 520 Fellowship Rd. C306 Mt. Laurel, NJ 08054 LVNV Funding, LLC, Assignee of GE Capital/Wal-Mart 10 15 South Main St. Greenville, SC 29601 LVNV Funding, LLC Assignee of GE Capita , UWaI-Mart 11 c/o David R. Galloway, Esquire 4660 'Trindle Rd., Ste. 300 Camp Hill, PA 1-1.1111 Domestic Relations Section of Cumberland County 12 13 North Hanover Street Carlisle, PA 17013 Total Number of Pieces Total Postmaster, Per (Name of receiving employee) Listed by Sender Number of Pieces Received at Post Office 12 12 PS Form 3877, June 2004 - - The lull declaration of value is required on all domestic and intemational registered me documents under Express Mail document reconstruction insurance is $500 per piece catastrophic occurrence. The maximum indemnity payable on Express Mail merchant up to $5000 to some, but not all countries. The maximum indemnity payable is $25,00 of coverage on insured and COD mail. See International Mail Manual for limitations of (A) and Standard Mail (B) parcels. Complete by Typewriter, Ink, or Ball Point Pen .., THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. Lauren Berschler Karl, Esquire Attorney Id. No. 88209 Park Building Attorney for Plaintiff 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax: 412-232-0773 ----------------------------------------------------- CITIZENS BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY V. PATRICIA HOWARD Defendant. NO.: 2010-7196 ------------------------------------------------------ AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Cis C- x M - :n" r -0 M Cn r te N C' CD 2 R -- --ic, a C: A ? ?,ca ? ?w r LAUREN BERSCHLER KARL, ESQUIRE, attorney for Plaintiff in the above action, sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 162 E. Louther Street, Carlisle PA 17013 a/k/a 160 E. Louther Street, Carlisle PA 17013, as more fully described in the metes and bounds description attached hereto, and made a part hereof, and identified as Exhibit "A": 1. Name and address of Owner(s) or Reputed Owner(s): Name Patricia Howard Address 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Patricia Howard 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 f 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 so indicate) Citizens Bank of Pennsylvania 10561 Telegraph Road Glen Allen, VA 23059 Discover Bank, Issuer of P.O. Box 60?.1 Discover Card by Its Agent Dover, DE 19903-6011 Discover Financial Services, LLC and c/o Edward Stock, Esquire Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Discover Bank 6500 New Albany Road New Albany, OH 43054 and c/o William 'T. Molzcan, Esquire and/or James C. Warmbrodt, Esquire Weltman, Weinberg & Reis Co., LPA 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 JMMMPC Co., Assignee for P.O. Box 832 Chase Manhattan Bank 221 E. Market St. Clearfield, PA 16830 And c/o Joseph Colavecchi, Esquire Colavecchi & Colavecchi P.O. Box 131 22',1 East Market Street Clearfield, PA 16830 LVNV Funding, LLC 2417 Welsh Rd., Suite 21 #520 Philadelphia, PA 19114 and c/o David J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Rd. C306 Mt. Laurel, NJ 08054 LVNV Funding, LLC, Assignee of GE Capital/Wal-Mart 15 South Main St. Greenville, SC 29601 And c/o David R. Galloway, Esquire 4660 Trindle Rd., Ste. 300 Camp Hill, PA 17011 4. Name and last known address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) Citizens Bank of Pennsylvania 1735 Market Street Philadelphia. PA 19103 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so 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 so indicate) PA Dept. of Public Welfare- Bureau of Child Support Health & Welfare Building P.O. Box 2675 Harrisburg, PA 17105 Domestic Relations Section of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Name and address of every 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 so indicate) None. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. r JJ LU'4 Date Liuren Bersc ler Karl, Esquire Sworn tfq„ nd Subsc bed before me this day of J6?A 0, 12012. 7-14?- (Notary Pub i ALL THAT CERTAIN parcel of land, together with the improvements erected thereon, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, BEGINNING at a point on the southern line of East Louther Street at corner of lands now or late of Elmer G. Shultz and Mary A. Shultz, his wife, said point being one hundred twenty-four (124) feet, more or '.less, measured westwardly along the southern line of East Louther Street from the southwest corner of East Louther Street and North East Street; thence in a westerly direction, along the southern line of East Louther Street, twenty (20) feet five (5) inches, more or less, to a point on the eastern line of a two and one-half (2 1/2) feet wide private passageway used in common by properties Nos. 158 and 160 East Louther Street, said point being also on the line coinciding with the center line of the partition wall on the second floor level between the two and one-half (2 1/2) story dwelling known as Nos. 158 and 160 East Louther Street; thence in a southerly direction along said line twenty-four (24) feet five (5) inches to a point at the southwest corner of the two and one-half (2 1/2) story brick dwelling, known as No. 160 East Louther Street; thence in a southerly direction two (2) feet eight (8) inches to a point in the center of the fence line between said properties Nos. 158 and 160 East Louther Street; thence in a southerly direction along said fence line ninety-eight (98) feet three (3) inches, more or less, to a point on a fifteen (15) feet wide private alley; thence in an easterly direction along the northern line of said private alley twenty-one (21) feet eight (8) inches to a point; thence in a northerly direction along a line parallel with North East Street and along other lands now or formerly of Robert L. Myers, Jr. and Evelyn M. Myers and lands now or formerly of Elmer G. Shultz and Mary A. Shultz, his wife, one hundred twenty-five (125) feet to East Louther Street, the point or place of BEGINNING. HAVING THEREON ERECTED a two and one half story brick, slate roof dwelling, known as No. 160 East Louther Street, Carlisle, Pennsylvania, said property being also sometimes designated as No. 162 East Louther Street. BEING the same property that Patricia A. Howard and David G. Howard, by Deed dated June 20, 2002, and. recorded on June 20, 2002 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 252, page 1331, granted and conveyed unto Patricia A. Howard. TOGETHER with the right to use the above mentioned fifteen (15) wide private alleyway bounding the above described properties on the South for purposes of ingress, egress and regress to and from the above described property; and together with the right to use the two and one-half (2 1/2) feet wide private alley or passageway between said properties Nos. 158 and 160 East Louther Street located and lying upon said property No. 158 East Louther Street and extending from East Louther Street southerly along the dividing line between said properties a distance of twenty-six (26) feet nine (9) inches for the purpose of ingress, egress and regress to and from said property herein conveyed in common with the owners and occupiers of said property No. 158 East Louther Street abutting on the West. THE GRANTOR grants unto the grantees herein all of the rights reserved unto herself, her heirs and assigns, to the western most five (5) feet of the lot, now or late of Elmer G. Shultz and Mary A. Shultz, his wife, abutting on the hereinbefore described property on the East and extending from Louther Street on the North to a private driveway on the South, at a width of five (5) feet, for light, air, overhang of eaves, gutters, windows and the right of passage to and from said alley and for the use in painting, repairing and improving said property hereinbefore described, provided, however, that said portion of said lot abutting on the East shall not at any time be built upon, as set forth in the deed of Robert L. Myers, Jr. And Evelyn M. Myers, his wife, to Elmer G. Shultz and Mary A. Shultz, his wife, dated 1946, and recorded in the Office aforesaid in Deed Book 13, Volume "D", page 17. BEING COMMONLY KNOWN AS: 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 PARCEL NO. 02-21-0318-287 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFF Cs or rt~F ;wERIFF FILED-0 t)('? " i HE r RO i HONOIF r`?Y 2012 JUL 19 AM 11: 4 5 CUMBERLAND C0' NTY PENNSYLVAN! Citizens Bank of Pennsylvania vs. Patricia Howard Case Numb 2010-7196 SHERIFF'S RETURN OF SERVICE 01/04/2012 12:52 PM - Deputy Gerald Worthington, being duly sworn according to law, states service was perforrr by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled ac upon the property located at 162 E. Louther Street a/k/a 160 E. Louther Street, Carlisle, Cumberland County, PA, 17013. 01/04/2012 12:56 PM - Deputy Gerald Worthington, 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, tc wit: Patricia Howard at 162 East Louther Street A/K/A 160 East Louther Street, Carlisle Borough, Carli PA 17013, Cumberland County. 02/01/2012 Amended Affidavit pursuant to Rule 3129 filed in Sheriffs Office. 02/01/2012 Amended Affidavit of Service to Lienholders filed in Sheriffs Office 03/05/2012 As directed by Lauren Berschler Karl, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/6/2012 03/05/2012 Bankruptcy filed in Sheriffs Office 05/21/2012 As directed by Lauren Berschler Karl, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/11/2012 07/10/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed' per letter of instruction from Attorney. SHERIFF COST: $1,530.76 July 19, 2012 R ANDERSON, SHERIFF a.oop?r. • sa ? SO ANSWERS, ici GountySuite Shenff. Ielenofl, Inc THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. Lauren Berschler Karl, Esquire Attorney Id. No. 88209 Attorney for Plaintiff Park Building 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax: 412-232-0773 CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY V. NO.: 2010-7196 PATRICIA HOWARD Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 LAUREN BERSCHLER KARL, ESQUIRE, attorney for Plaintiff in the above action, sets tortn as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 162E bed in Louther PA a part metes and bounds description attached hereto, and madel 17013, as more fully described hereof, and identified as Exhibit "A": Name and address of Owner(s) or Reputed Owner(s): Name Address Patricia Howard 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Patricia Howard 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 Name and last known address of every judgment creditor whose judgment is a record li on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) aph Citizens Bank of Pennsylvania G10561 len TelegrVA 2Road Allen, 3059 Discover Bank, Issuer of Discover Card by Its Agent Discover Financial Services, LLC P.O. Box 6011 Dover, DE 19903-6011 and c/o Edward Stock, Esquire Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Discover Bank 6500 New Albany Road New Albany, OH 43054 and c/o William T. Molzcan, Esquire and/or James C. Warmbrodt, Esquire Weltman, Weinberg & Reis Co., LPA 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 JMMMPC Co., Assignee for Chase Manhattan Bank P.O. Box 832 221 E. Market St. Clearfield, PA 16830 And c/o Joseph Colavecchi, Esquire Colavecchi & Colavecchi P.O. Box 131 221 East Market Street Clearfield, PA 16830 LVNV Funding, LLC 2417 Welsh Rd., Suite 21 #520 Philadelphia, PA 19114 and c/o David J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Rd. C306 Mt. Laurel, NJ 08054 Name and address of every 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 so indicate) None. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. Date I&en Bersc ler Karl, Esquire Sworn to and Subscribed before me this day of 2011. Notary Public COMMONWEALT i O-F ANN---NSYLVA-NI-A Not3rial ry Public FerluWn SMI Abby L city of Plftburgh, Afi 9WY Cou"ty MY commw3n BOM Oct- 1, 2013 THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. Lauren Berschler Karl, Esquire Attorney Id. No. 88209 Park Building Attorney for Plaintiff 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax: 412-232-0773 CITIZENS BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY V. PATRICIA HOWARD Defendant. NO.: 2010-7196 NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE TO THE DEFENDANT: PATRICIA HOWARD DATE OF SALE: MARCH 7, 2012 AT 10:00 A.M. PROPERTY TO BE SOLD: 162 E. LOUTHER STREET, CARLISLE, PA 17013 A/K/A 160 E. LOUTHER STREET, CARLISLE, PA 17013 PLACE OF SALE: CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013 To prevent this Sheriff's Sale, you must take immediate action: The sale will be canceled if you pay to Citizens Bank of Pennsylvania the sum of $22,696.53 plus interest and costs. To find out how much you must pay, you may Lauren Berschler Karl, Esquire at (412) 232-0808. 2. You may be able to stop the sale by filing a petition asking the Court to strike or the judgment, if the Judgment was improperly entered. You may also ask the Cc to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale (See notice on page two and how to obtain an attorney). EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling Lauren Berschler Karl, Esquire (412) 232-0808. 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 the sale. To find out if this has occurred, you may call Lauren Berschler Karl, Esquire at (412) 232-0808. 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 a right to remain in the property until the full amount due is paid to 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 real estat A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on a date specified by sheriff not later than thirty (30) days followin the sale. This schedule will state who will be receiving that money. The mone will be paid out in accordance with this schedule unless exceptions (reasons wt the proposed distribution is wrong) are filed with the Sheriff within ten (10) da, after the filing of the schedule of distribution. 7. You may also have other rights and defenses or ways of getting your property back if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA 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 32 Bedford Street Carlisle, PA 17103 1-800-990-9108 717-249-3166 ALL THAT CERTAIN parcel of land, together with the improvements erected thereon, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows BEGINNING at a point on the southern line of East Louther Street at corner of lands now or la of Elmer G. Shultz and Mary A. Shultz, his wife, said point being one hundred twenty-four (12 feet, more or less, measured westwardly along the southern line of East Louther Street from th( southwest corner of East Louther Street and North East Street; thence in a westerly direction, along the southern line of East Louther Street, twenty (20) feet five (5) inches, more or less, to point on the eastern line of a two and one-half (2 1/2) feet wide private passageway used in common by properties Nos. 158 and 160 East Louther Street, said point being also on the line coinciding with the center line of the partition wall on the second floor level between the two a one-half (2 1/2) story dwelling known as Nos. 158 and 160 East Louther Street; thence in a southerly direction along said line twenty-four (24) feet five (5) inches to a point at the southwi corner of the two and one-half (2 1/2) story brick dwelling, known as No. 160 East Louther Street; thence in a southerly direction two (2) feet eight (8) inches to a point in the center of the fence line between said properties Nos. 158 and 160 East Louther Street; thence in a southerly direction along said fence line ninety-eight (98) feet three (3) inches, more or less, to a point or fifteen (15) feet wide private alley; thence in an easterly direction along the northern line of sai, private alley twenty-one (21) feet eight (8) inches to a point; thence in a northerly direction aloe a line parallel with North East Street and along other lands now or formerly of Robert L. Myer; Jr. and Evelyn M. Myers and lands now or formerly of Elmer G. Shultz and Mary A. Shultz, hi wife, one hundred twenty-five (125) feet to East Louther Street, the point or place of BEGINNING. HAVING THEREON ERECTED a two and one half story brick, slate roof dwelling, known as No. 160 East Louther Street, Carlisle, Pennsylvania, said property being also sometimes designated as No. 162 East Louther Street. TOGETHER with the right to use the above mentioned fifteen (15) wide private alleyway bounding the above described properties on the South for purposes of ingress, egress and regret to and from the above described property; and together with the right to use the two and one-ha (2 1/2) feet wide private alley or passageway between said properties Nos. 158 and 160 East Louther Street located and lying upon said property No. 158 East Louther Street and extending from East Louther Street southerly along the dividing line between said properties a distance of twenty-six (26) feet nine (9) inches for the purpose of ingress, egress and regress to and from said property herein conveyed in common with the owners and occupiers of said property No. 158 East Louther Street abutting on the West. a THE GRANTOR grants unto the grantees herein all of the rights reserved unto herself, her heir and assigns, to the western most five (5) feet of the lot, now or late of Elmer G. Shultz and Ma A. Shultz, his wife, abutting on the hereinbefore described property on the East and extending from Louther Street on the North to a private driveway on the South, at a width of five (5) feet, for light, air, overhang of eaves, gutters, windows and the right of passage to and from said alh and for the use in painting, repairing and improving said property hereinbefore described, provided, however, that said portion of said lot abutting on the East shall not at any time be bui upon, as set forth in the deed of Robert L. Myers, Jr. And Evelyn M. Myers, his wife, to Elmer G. Shultz and Mary A. Shultz, his wife, dated 1946, and recorded in the Office aforesaid in Deg Book 13, Volume "D", page 17 BEING the same property that Patricia A. Howard and David G. Howard, by Deed dated June 20, 2002, and recorded on June 20, 2002 in the Office of the Recorder of Deeds of Cumberlan< County in Deed Book 252, page 1331, granted and conveyed unto Patricia A. Howard BEING COMMONLY KNOWN AS: 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 PARCEL NO. 02-21-0318-287 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-7196 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIZENS BANK OF PENNSYLVANIA, N.A., Plaintiff (s) From PATRICIA HOWARD (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: $22,696.53 L.L.: $.50 Interest $870.97 FROM 6/30/11 - 3/7/12 ($3.471DAY) Atty's Comm: % Due Prothy: $2.00 Atty Paid: $165.90 Other Costs: Plaintiff Paid: Date: 11/22/11 David D. Buell, Prothontstary (Seal) By: Deputy REQUESTING PARTY: Name: LAUREN BERSCHLER KARL, ESQUIRE Address: LAW OFFICES OF LAUREN BERSCHLER KARL, LLC 355 FIFTH AVENUE, SUITE 400 PITTSBURGH, PA 15222 Attorney for: PLAINTIFF TRUE COPY FROM RECORD Telephone: 412-232-0808 In Testimony whereof, I here unto set my h Supreme Court ID No. 88209 and the seal of said Cosle, Pa. This =JaEhiay of , 2a IL -E16 V19, . (-moo P IN CUMBERLAND LAW JOURNAL Writ No. 2010-7196 Civil Term Citizens Bank of Pennsylvania VS. Patricia Howard Atty.: Lauren Berschler Karl ALL THAT CERTAIN parcel of land, together with the improve- ments erected thereon, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, BEGINNING at a point on the southern line of East Louther Street at comer of lands now or late of Elmer G. Shultz and Mary A. Shultz, his wife, said point being one hundred twenty-four (124) feet, more or less, measured westwardly along the southern line of East Louther Street from the southwest comer of East Louther Street and North East Street; thence in a westerly direction, along the southern line of East Louther Street, twenty (20) feet five (5) inches, more or less, to a point on the eastern line of a two and one-half (2 1/2) feet wide private passageway used in common by properties Nos. 158 and 160 East Louther Street, said point being also on the line coinciding with the center line of the partition wall on the second floor level between the two and one-half (2 1/2) story dwell- ing known as Nos. 158 and 160 East Louther Street; thence in a southerly direction along said line twenty-four (24) feet five (5) inches to a point at the southwest corner of the two and one-half (2 1/2) story brick dwell- ing, known as No. 160 East Louther Street; thence in a southerly direc- tion two (2) feet eight (8) inches to a point in the center of the fence line between said properties Nos. 158 and 160 East Louther Street; thence in a southerly direction along said fence line ninety-eight (98) feet three (3) inches, more or less, to a point on a fifteen (15) feet wide private alley; thence in an easterly direction along the northern line of said private alley twenty-one (21) feet eight (8) inches to a point; thence in a northerly direc- tion along a line parallel with North East Street and along other lands now or formerly of Robert L. Myers, Jr. and Evelyn M. Myers and lands now or formerly of Elmer G. Shultz and Mary A. Shultz, his wife, one hundred twenty-five (125) feet to East Louther Street, the point or place of BEGINNING. HAVING THEREON ERECTED a two and one half story brick, slate roof dwelling, known as No. 160 East Louther Street, Carlisle, Penn- sylvania, said property being also sometimes designated as No. 162 East Louther Street. TOGETHER with the right to use the above mentioned fifteen (15) wide private alleyway bounding the above described properties on the South for purposes of ingress, egress and re- gress to and from the above described property; and together with the right to use the two and one-half (2 1/2) feet wide private alley or passageway between said properties Nos. 158 and 160 East Louther Street located and lying upon said property No. 158 East Louther Street and extending from East Louther Street southerly along the dividing line between said prop- erties a distance of twenty-six (26) feet nine (9) inches for the purpose of ingress, egress and regress to and from said property herein conveyed in common with the owners and oc- cupiers of said property No. 158 East Louther Street abutting on the West. THE GRANTOR grants unto the grantees herein all of the rights re- served unto herself, her heirs and assigns, to the western most five (5) feet of the lot, now or late of Elmer G. Shultz and Mary A. Shultz, his wife, abutting on the hereinbefore described property on the East and extending from Louther Street on the North to a private driveway on the South, at a width of five (5) feet, for 49 CUMBERLAND LAW JOURNAL light, air, overhang of eaves, gutters, windows and the right of passage to and from said alley and for the use in painting, repairing and improving said property hereinbefore described, provided, however, that said portion of said lot abutting on the East shall not at any time be built upon, as set forth in the deed of Robert L. Myers, Jr. And Evelyn M. Myers, his wife, to Elmer G. Shultz and Mary A. Shultz, his wife, dated 1946, and recorded in the Office aforesaid in Deed Book 13, Volume °D°, page 17. BEING the same property that Patricia A. Howard and David G. Howard, by Deed dated June 20, 2002, and recorded on June 20, 2002 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 252, page 1331, granted and conveyed unto Patricia A. Howard. BEING COMMONLY KNOWN AS: 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013. PARCEL NO. 02-21-0318-287. 50 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 ani State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Lai Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesz was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularl; 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, 27, February 3, and February 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cuml Law Journal, a legal periodical of general circulation, and that he is not interested in the 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. L'Lli-4 Marie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this 0 day of February. 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH. CUMBERLAND COUNTY My commission Expires Apr 28, 2014 -- -The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 paw* ot Now y0 Views a 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 law 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 an The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and tate 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 r 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-se erallyby 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 Sworn of February, 2012 A. D. Notary Public `-? -?- COMMONWEALTH OF PENNMVMA Not" Seed Sherrie L. Owens, Notmy Pubk Laver PaMOn Twp., DNVW cowty cortxnrssion IE" Nov. 26, 2015 mEmO , PEW6nVMM nssmxam of wram 01/27/12 02/03/12 02/10/12 2010-7196 Civil Term Citizens Bank of Pennsylvania VS Patricia Howard Atty. Lauren Berschier Karl ALL THAT CERTAIN parcel of land, together with the improvements erected thereon, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, BEGINNING at a point on the southern 0 line of East Louther Street at corner of lands now or late of Elmer G. Shultz and Mary A. ( Shultz, his u wife, said hundred twenty four (124) feet, more or less, me ured westwardly along the southern line of East Lowther Street from the southwest corner °' of East Louther Street and North East s' Street; thence in a westerly direction, along thf southern line of East Louther Street, o t enty (20) feet five (5) inches, more or to a f a t o and one half (21/2) feet wide wiline de oPrivate assageway used in common by properties r Jos. 158 and 160 East Lowther Street, r ,aid point being also on the line coinciding with the center line of the partition wall on the second floor level between the two and one half (21/2) story dwelling known as Nos. 158 and 160 East Louther Street; thence in a southerly direction along said line twenty four (24) feet five (5) inches to a point at the southwest corner of the two and one half (21/2) story brick dwelling, known as No. 160 East Lowther Street; ! thence in a southerly direction two (2) feet eight (8) inches to a point in the center of the fence line between said properties Nos. 1S8 and 160 East Louther Street; thence in a southerly direction along said fence line ninety eight (98) feet three (3) inches, more or less, to a point on a fifteen (15) fee? wide private alley; thence in an easterly direction along the northern he of said private alley twenty one (21) feet eight (8) inches to a point; thence in a northerly direction along a line parallel with North East Street and along other lands now or formerly of Robert L. Myers, Jr. and Evelyn M. Myers and lands now or formerly of Elmer G. Shultz and Mary A. Shultz, his wife, one hundred twenty five (125) feet to East Louther Street, the point or place of BEGINNING. HAVING THEREON ERECTED a two and one half story brick, slate roof dwelling, known as No. 160 East Louther Street, Carlisle, Pennsylvania, said property being also sometimes desi d Lowther Street ated as No. 162 East TOGETHER nth the right to use the above mentioned fifteen (15) wide private alleyway bounding the above described properties on the South for purposes of ingress, egress and regress to and from above described property, and the with th together e right to use the two and one half (21 112) feet wide private alley or passageway between said properties Nos. 158 and 160 a East Louther Street located and lying upon l? said Property No. 158 East Louther Street u and extending from East Lowther Street southerly along the dividing liner Street 1 w'Irl fee Properties a distance of twenty six le /i,ess ewe (9) inches for the purpose of Perry herein nconvregress to ya in and from said p -,P N ° owners and occupiers 158 est. E of sacommon id prope?rtyh r S ' ast Lowther Street abutting on n e ' uI ? GRANTOR grants unto the 'ui ztees herein all of i the nto herself, her heirs e and rights reserved i? M1Ts he western assigns, to / LL ot, now oate of Elm 5) f et of the ?r Shultz and sr EL 4ary A. Shultz, his wife, abutting on the J r1[I "einbefore described property 'W ?t and extending from on the e Lowther Street ,r 3d North to a private driveway on the a h, at a width offive (5) feet, for light U overhang of eaves, Il i the right of gutters, windows 1 Passage to and from sai and for the use in d r painting, repairing J Po vmg said cubed property hereinbefore I , Provided, however, that said P'- Pion of said lot abutting on the East shall not at any time be built upon, asset forth in the deed of RobertL. M And Evelyn M My yers, Jr. ers his wife to Elmer G. Shultz and M . 1946, and aiyA Shultz his wife dated recorded 'in the in Deed Book 13, Vume OD ce aforesaid BEING the same Pro Page 17. Howard Perry that Patricia A. and David G. Howard, by Deed y dated June 20, 2002, and recorded on June ,C 20, 2002 in the office of the Recorder of r Deeds of Cumberland County in Deed n o 252, page 1331, granted and conveyed r BEING COMMOowazd 162 E• Loather Street; Carlisle, 71 p?:a i' 1`9 E. LOuther Street, Carlisle PA 17013 3t P,,RCELNo.02-21-0318-287 loq dS le N 1be{1 Jo la Ob ion lsaaquou 11` 111[ode>e?alnoil ed3olaluL?b1 it' NINNT)?g? I 'ON S iol IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION ------------------------------------------------------ CITIZENS BANK OF PENNSYLVANIA ❑ Confession Judgment Plaintiff, ■ Other—MORTGAGE FORECLOSURE V File No. 2010-7196 Civil Term Amount Due: $22,696.53,plus PATRICIA HOWARD Interest: $3,397.13 from 06/30/11-03/05/14 Defendant. ($3.47/day),plus Atty's Comm: $0.00,plus Costs: to be added ------------------------------------------------------ TO THE PROTHONOTARY OF CUMBERLAND COUNTY: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment,but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs,upon the following described property of the defendant(s) 162 E. Louther Street c Carlisle PA 17013 a/k/a 160 E. Louther Street Carlisle, PA 17013 �s c 7�C-) =- ) as more fully escribed in Exhibit"A"attached hereto. p a Date: _ Signature: Print Name: auren Bersc ler Karl Esquire Address: 355 Fifth Avenue Suite 400 0VX � ' Pittsburgh, PA 15222 1 i- Attorney for: Plaintiff J. 7r Telephone: 412-232-0808 L 36• r]10 11 ti Supreme Court ID No.: 88209 J 0 it U ti .� il a , x. 96- -J'V e tv- 195-3 ALL THAT CERTAIN parcel of land,together with the improvements erected thereon, situate in the Borough of Carlisle, Cumberland County,Pennsylvania, bounded and described as follows, BEGINNING at a point on the southern line of East Louther Street at corner of lands now or late of Elmer G. Shultz and Mary A. Shultz, his wife, said point being one hundred twenty-four(124) feet, more or less, measured westwardly along the southern line of East Louther Street from the southwest corner of East Louther Street and North East Street; thence in a westerly direction, along the southern line of East Louther Street,twenty(20) feet five (5) inches, more or less, to a point on the eastern line of a two and one-half(2 1/2) feet wide private passageway used in common by properties Nos. 158 and 160 East Louther Street, said point being also on the line coinciding with the center line of the partition wall on the second floor level between the two and one-half(2 1/2) story dwellings known as Nos. 158 and 160 East Louther Street; thence in a southerly direction along said line twenty-four(24)feet five (5) inches to a point at the southwest corner of the two and one-half(2 1/2) story brick dwelling,known as No. 160 East Louther Street;thence in a southerly direction two (2) feet eight(8)inches to a point in the center of the fence line between said properties Nos. 158 and 160 East Louther Street; thence in a southerly direction along said fence line ninety-eight(98)feet three(3) inches, more or less, to a point on a fifteen(15) feet wide private alley; thence in an easterly direction along the northern line of said private alley twenty-one (21) feet eight(8) inches to a point; thence in a northerly direction along a line parallel with North East Street and along other lands now or formerly of Robert L. Myers, Jr. and Evelyn M. Myers and lands now or formerly of Elmer G. Shultz and Mary A. Shultz, his wife, one hundred twenty-five (125) feet to East Louther Street,the point or place of BEGINNING. HAVING THEREON ERECTED a two and one-half story brick, slate roof dwelling, known as No. 160 East Louther Street, Carlisle, Pennsylvania, said property being also sometimes designated as No. 162 East Louther Street. TOGETHER with the right to use the above mentioned fifteen(15) wide private alleyway bounding the above described properties on the South for purposes of ingress, egress and regress to and from the above described property; and together with the right to use the two and one-half (2 1/2) feet wide private alley or passageway between said properties Nos. 158 and 160 East Louther Street located and lying upon said property No. 158 East Louther Street and extending from East Louther Street southerly along the dividing line between said properties a distance of twenty-six (26) feet nine (9) inches for the purpose of ingress, egress and regress to and from said property herein conveyed in common with the owners and occupiers of said property No. 158 East Louther Street abutting on the West. THE GRANTOR grants unto the grantees herein all of the rights reserved unto herself, her heirs and assigns, to the western most five (5) feet of the lot, now or late of Elmer G. Shultz and Mary A. Shultz, his wife, abutting on the hereinbefore described property on the East and extending from Louther Street on the North to a private driveway on the South, at a width of five (5) feet, for light, air, overhang of eaves, gutters, windows and the right of passage to and from said alley and for the use in painting, repairing and improving said property hereinbefore described, provided, however, that said portion of said lot abutting on the East shall not at any time be built upon, as set forth in the deed of Robert L. Myers, Jr. and Evelyn M. Myers, his wife, to Elmer G. Shultz and Mary A. Shultz, his wife, dated 1946, and recorded in the Office aforesaid in Deed Book 13, Volume "D", Page 17. BEING the same property that Patricia A. Howard and David G. Howard, by Deed dated June 20, 2002, and recorded on June 20, 2002 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 252,page 1331, granted and conveyed unto Patricia A. Howard. BEING COMMONLY KNOWN AS: 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 PARCEL NO. 02-21-0318-287 EXHIBIT "A" THE LAW OFFICES OF LAUREN BERSCHLER KARL,LLC. '� Lauren Berschler Karl, Esquire �. Attorney ID No. 88209 Attorney for Plaints 355 Fifth Avenue, Suite 400 C UMSERLA ND COL7t41.,+, Pittsburgh,PA 15222 �ENNS YLVANIA 412-232-0808 Fax: 412-232-0773 ------------------------------------------------------------ CITIZENS BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO.: 2010-7196 PATRICIA HOWARD Defendant. ----------------------------------------------------------- AFFIDAVIT PURSUANT TO RULE 3129.1 LAUREN BERSCHLER KARL,ESQUIRE, attorney for Plaintiff in the above action, sets forth, as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 162 E. Louther Street Carlisle PA 17013 a/k/a 160 E.Louther Street Carlisle PA 17013,as more fully described in the metes and bounds description attached hereto, and made a part hereof, and identified as Exhibit"A": 1. Name and address of Owner(s)or Reputed Owner(s): Name Address Patricia Howard 162 E. Louther Street Carlisle, PA 17013 &Wa 160 E. Louther Street Carlisle, PA 17013 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained, please so indicate) Patricia Howard 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained, please so indicate) Citizens Bank of Pennsylvania 10561 Telegraph Road Glen Allen,VA 23059 Discover Bank, Issuer of P.O. Box 6011 Discover Card by Its Agent Dover, DE 19903-6011 Discover Financial Services, LLC and c/o Edward Stock,Esquire Stock&Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Discover Bank 6500 New Albany Road New Albany, OH 43054 and c/o William T. Molzcan, Esquire and/or James C. Warmbrodt, Esquire Weltman, Weinberg&Reis Co.,LPA 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh,PA 15219 JMMMPC Co.,Assignee for P.O. Box 832 Chase Manhattan Bank 221 E. Market St. Clearfield, PA 16830 And c/o Joseph Colavecchi, Esquire Colavecchi&Colavecchi P.O. Box 131 221 East Market Street Clearfield,PA 16830 LVNV Funding, LLC 2417 Welsh Rd., Suite 21 #520 Philadelphia,PA 19114 and c/o David J. Apothaker,Esquire Apothaker&Associates, P.C. 520 Fellowship Rd. C306 Mt. Laurel,NJ 08054 LVNV Funding, LLC, 15 South Main St. Assignee of GE Capital/Wal-Mart Greenville, SC 29601 And c/o David R. Galloway, Esquire 4660 Trindle Rd., Ste. 300 Camp Hill, PA 17011 4. Name and last known address of the last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained, please so indicate) Citizens Bank of Pennsylvania 1735 Market Street Philadelphia, PA 19103 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained, please so 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 so indicate) PA Dept. of Public Welfare- Health&Welfare Building Bureau of Child Support P.O. Box 2675 Harrisburg,PA 17105 Domestic Relations Section 13 North Hanover Street of Cumberland County Carlisle, PA 17013 7. Name and address of every 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 so indicate) None. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. .�blz�0 ArImIA C)uxuubtv Dat en Bersch er Karl, Esquire Sworn to and Subscribed before me t ' da of er , 2013. Notal Pub is Commonwealth of Pen NOTARIAi.SEAL Rondaya&Bradley,NoWy PUNO City of PMsburgKMeo"County My Commission Expires April 4,2016 r ALL THAT CERTAIN parcel of land, together with the improvements erected thereon, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, BEGINNING at a point on the southern line of East Louther Street at corner of lands now or late of Elmer G. Shultz and Mary A. Shultz, his wife, said point being one hundred twenty-four(124) feet, more or less, measured westwardly along the southern line of East Louther Street from the southwest corner of East Louther Street and North East Street; thence in a westerly direction, along the southern line of East Louther Street,twenty(20) feet five (5) inches, more or less,to a point on the eastern line of a two and one-half(2 1/2) feet wide private passageway used in common by properties Nos. 158 and 160 East Louther Street, said point being also on the line coinciding with the center line of the partition wall on the second floor level between the two and one-half(2 1/2) story dwellings known as Nos. 158 and 160 East Louther Street;thence in a southerly direction along said line twenty-four(24)feet five (5) inches to a point at the southwest corner of the two and one-half(2 1/2) story brick dwelling,known as No. 160 East Louther Street; thence in a southerly direction two (2) feet eight(8) inches to a point in the center of the fence line between said properties Nos. 158 and 160 East Louther Street; thence in a southerly direction along said fence line ninety-eight(98)feet three(3) inches, more or less,to a point on a fifteen(15) feet wide private alley; thence in an easterly direction along the northern line of said private alley twenty-one (2 1) feet eight (8) inches to a point; thence in a northerly direction along a line parallel with North East Street and along other lands now or formerly of Robert L. Myers, Jr. and Evelyn M. Myers and lands now or formerly of Elmer G. Shultz and Mary A. Shultz,his wife, one hundred twenty-five (12 5) feet to East Louther Street,the point or place of BEGINNING. HAVING THEREON ERECTED a two and one-half story brick, slate roof dwelling, known as No. 160 East Louther Street, Carlisle, Pennsylvania, said property being also sometimes designated as No. 162 East Louther Street. TOGETHER with the right to use the above mentioned fifteen(15) wide private alleyway bounding the above described properties on the South for purposes of ingress, egress and regress to and from the above described property; and together with the right to use the two and one-half (2 1/2) feet wide private alley or passageway between said properties Nos. 158 and 160 East Louther Street located and lying upon said property No. 158 East Louther Street and extending from East Louther Street southerly along the dividing line between said properties a distance of twenty-six (26) feet nine (9) inches for the purpose of ingress, egress and regress to and from said property herein conveyed in common with the owners and occupiers of said property No. 158 East Louther Street abutting on the West. THE GRANTOR grants unto the grantees herein all of the rights reserved unto herself, her heirs and assigns, to the western most five (5) feet of the lot, now or late of Elmer G. Shultz and Mary A. Shultz, his wife, abutting on the hereinbefore described property on the East and extending from Louther Street on the North to a private driveway on the South, at a width of five (5) feet, for light, air, overhang of eaves, gutters, windows and the right of passage to and from said alley and for the use in painting, repairing and improving said property hereinbefore described, provided, however, that said portion of said lot abutting on the East shall not at any time be built upon, as set forth in the deed of Robert L. Myers, Jr. and Evelyn M. Myers, his wife,to Elmer G. Shultz and Mary A. Shultz, his wife, dated 1946, and recorded in the Office aforesaid in Deed Book 13, Volume "D", Page 17. BEING the same property that Patricia A. Howard and David G. Howard, by Deed dated June 20, 2002, and recorded on June 20, 2002 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 252, page 1331, granted and conveyed unto Patricia A. Howard. BEING COMMONLY KNOWN AS: 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 PARCEL NO. 02-21-0318-287 EXHIBIT "A" THE LAW OFFICES OF LAUREN BERSCHLER KARL,LLC. Lauren Berschler Karl, Esquire Attorney Id.No. 88209 Attorney for Plaintiff 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax: 412-232-0773 ------------------------------------------------------------ CITIZENS BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO.: 2010-7196 PATRICIA HOWARD Defendant. _ ----------------------------------------------------------- L 5ti ACT 6 AND ACT 91 AFFIDAVITrn r— N) COMMONWEALTH OF PENNSYLVANIA SS. = -- P C--) COUNTY OF ALLEGHENY =C:) 1, Lauren Berschler Karl, Esquire, being duly sworn according to law, depose an ayrthat`-. I am counsel for the Plaintiff, and that I am authorized to make this Affidavit on its behalf, and that the provisions of Act 6 codified at 41 P.S. §101 et seq. and the provisions of Act 91 codified at 35 P.S. §1680.401c et seq. have been complied with. lb p' Dal a 4juren Bersc ler Karl, Esquire Sworn to and SukZscribed before me day ofr_�Ifn he V ' 2013. Not lic Commonwuealth of Pennsylvania NOTARIAL SEAL Rondaya S.Bradley,Notary Public City of Pittsburgh,Allegheny County 'My Commission Expires April 4,2016 i THE LAW OFFICES OF LAUREN BERSCHLER KARL,LLC. Lauren Berschler Karl, Esquire Attorney Id.No. 88209 Attorney for Plaintiff 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax: 412-232-0773 ------------------------------------------------------------ CITIZENS BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS - CUMBERLAND COUNTY rn M � - V. �-- NO.: 2010-7196 v C-�` PATRICIA HOWARD -- CD Defendant. C--) © . ----------------------------------------------------------- c c.� �,, NOTICE OF OWNER'S RIGHTS "YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE TO THE DEFENDANT: PATRICIA HOWARD DATE OF SALE: MARCH 5, 2014 AT 10:00 A.M. PROPERTY TO BE SOLD: 162 E. LOUTHER STREET, CARLISLE, PA 17013 A/K/A 160 E. LOUTHER STREET, CARLISLE, PA 17013 PLACE OF SALE: CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013 To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to Citizens Bank of Pennsylvania the sum of $22,696.53 plus interest and costs. To find out how much you must pay, you may call Lauren Berschler Karl, Esquire at(412) 232-0808. 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 and how to obtain an attorney). I 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 by calling Lauren Berschler Karl, Esquire at (412) 232-0808. 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 occurred, you may call Lauren Berschler Karl, Esquire at(412) 232-0808. 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 a 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 real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on a date specified by sheriff not later than thirty (30) days following the sale. 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 schedule of distribution. 7. You may also have other rights and defenses or ways of getting your property 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 32 South Bedford Street Carlisle, PA 17013 717-249-3166 I ALL THAT CERTAIN parcel of land, together with the improvements erected thereon, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, BEGINNING at a point on the southern line of East Louther Street at corner of lands now or late of Elmer G. Shultz and Mary A. Shultz, his wife, said point being one hundred twenty-four(124) feet, more or less, measured westwardly along the southern line of East Louther Street from the southwest corner of East Louther Street and North East Street; thence in a westerly direction, along the southern line of East Louther Street, twenty(20) feet five (5) inches, more or less,to a point on the eastern line of a two and one-half(2 1/2) feet wide private passageway used in common by properties Nos. 158 and 160 East Louther Street, said point being also on the line coinciding with the center line of the partition wall on the second floor level between the two and one-half(2 1/2) story dwellings known as Nos. 158 and 160 East Louther Street; thence in a southerly direction along said line twenty-four(24) feet five (5) inches to a point at the southwest corner of the two and one-half(2 1/2) story brick dwelling, known as No. 160 East Louther Street; thence in a southerly direction two (2) feet eight(8) inches to a point in the center of the fence line between said properties Nos. 158 and 160 East Louther Street; thence in a southerly direction along said fence line ninety-eight(98) feet three (3) inches, more or less, to a point on a fifteen (15) feet wide private alley; thence in an easterly direction along the northern line of said private alley twenty-one (2 1) feet eight(8) inches to a point; thence in a northerly direction along a line parallel with North East Street and along other lands now or formerly of Robert L. Myers, Jr. and Evelyn M. Myers and lands now or formerly of Elmer G. Shultz and Mary A. Shultz,his wife, one hundred twenty-five (125) feet to East Louther Street,the point or place of BEGINNING. HAVING THEREON ERECTED a two and one-half story brick, slate roof dwelling, known as No. 160 East Louther Street, Carlisle, Pennsylvania, said property being also sometimes designated as No. 162 East Louther Street. TOGETHER with the right to use the above mentioned fifteen (15) wide private alleyway bounding the above described properties on the South for purposes of ingress, egress and regress to and from the above described property; and together with the right to use the two and one-half (2 1/2) feet wide private alley or passageway between said properties Nos. 158 and 160 East Louther Street located and lying upon said property No. 158 East Louther Street and extending from East Louther Street southerly along the dividing line between said properties a distance of twenty-six (26) feet nine (9) inches for the purpose of ingress, egress and regress to and from said property herein conveyed in common with the owners and occupiers of said property No. 158 East Louther Street abutting on the West. THE GRANTOR grants unto the grantees herein all of the rights reserved unto herself, her heirs and assigns, to the western most five (5) feet of the lot, now or late of Elmer G. Shultz and Mary A. Shultz, his wife, abutting on the hereinbefore described property on the East and extending from Louther Street on the North to a private driveway on the South, at a width of five (5) feet, for light, air, overhang of eaves, gutters, windows and the right of passage to and from said alley and for the use in painting, repairing and improving said property hereinbefore described, provided, however, that said portion of said lot abutting on the East shall not at any time be built upon, as set forth in the deed of Robert L. Myers, Jr. and Evelyn M. Myers, his wife, to Elmer G. Shultz and Mary A. Shultz, his wife, dated 1946, and recorded in the Office aforesaid in Deed Book 13, Volume "D", Page 17. BEING the same property that Patricia A. Howard and David G. Howard, by Deed dated June 20, 2002, and recorded on June 20, 2002 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 252, page 1331, granted and conveyed unto Patricia A. Howard. BEING COMMONLY KNOWN AS: 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 PARCEL NO. 02-21-0318-287 EXHIBIT "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 10-7196 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due CITIZENS BANK OF PENNSYLVANIA Plaintiff(s) From PATRICIA HOWARD (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: $22,696.53 L.L.: Interest $3,397.13 FROM 6/30/11-3/5/14($3.47/DAY) Atty's Comm: Due Prothy: $2.25 Atty Paid: $1,722.66 Other Costs: Plaintiff Paid: Date: 10/2.9/13 la4At�- David D. Buell,Prot honota (Seal) Deputy REQUESTING PARTY: Name: LAUREN BERSCHLER KARL,ESQUIRE Address: THE LAW OFFICES OF LAUREN BERSCHLER KARL,LLC 355 FIFTH AVENUE,SUITE 400 PITTSBURGH,PA 15222 Attorney for: PLAINTIFF Telephone: 412-232-0808 Supreme Court ID No. 88209 THE LAW OFFICES OF LAUREN BERSCHLER KARL,LLC Lauren Berschler Karl,Esquire Identification No. 88209 Attorneys for Plaintiff 9800B McKnight Road, Suite 230 Pittsburgh,PA 15237 — Phone: (412) 837-1164 rn �• ` '' " ' Fax: 412 837-2648 '' ------------------------------ - ---------------- �- �- C)L' CITIZENS BANK OF PENNSYLVANIA G CD Plaintiff, COURT OF COMMON PLEAS x"C) = !�t�., CUMBERLAND COUNTY Q ? '_ V. NO.: 2010-7196 PATRICIA HOWARD Defendant. ----------------------------------------------------------- AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 LAUREN BERSCHLER KARL, ESQUIRE, attorney for Plaintiff in the above action, sets forth, as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 162 E. Louther Street Carlisle,PA 17013 a/k/a 160 E. Louther Street,Carlisle, PA 17013,as more fully described in the metes and bounds description attached hereto, and made a part hereof, and identified as Exhibit"A": 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Patricia Howard 162 E. Louther Street Carlisle,PA 17013 a/k/a 160 E. Louther Street Carlisle,PA 17013 2. Name and address of Defendant(s)in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Patricia Howard 162 E. Louther Street, Carlisle,PA 17013 a/k/a 160 E. Louther Street, Carlisle,PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained, please so indicate) Citizens Bank of Pennsylvania 10561 Telegraph Road Glen Allen,VA 23059 Discover Bank,Issuer of P.O. Box 6011 Discover Card by Its Agent Dover,DE 19903-6011 Discover Financial Services,LLC and c/o Edward Stock, Esquire Stock&Grimes, LLP 804 West Avenue Jenkintown,PA 19046 Discover Bank 6500 New Albany Road New Albany, OH 43054 and c/o James C. Warmbrodt, Esquire Weltman,Weinberg&Reis Co., LPA 1400 Koppers Bldg. 436 Seventh Avenue, Suite 2718 Pittsburgh,PA 15219 JMMMPC Co.,Assignee for P.O.Box 832 Chase Manhattan Bank 221 E. Market St. Clearfield,PA 16830 And c/o Joseph Colavecchi, Esquire Colavecchi&Colavecchi P.O. Box 131 221 East Market Street Clearfield,PA 16830 LVNV Funding, LLC c/o David J.Apothaker,Esquire Apothaker&Associates,P.C. 2417 Welsh Rd., Suite 21 #520 Philadelphia, PA 19114 and c/o David J. Apothaker,Esquire Apothaker&Associates,P.C. 520 Fellowship Rd. C306 Mt. Laurel,NJ 08054 LVNV Funding,LLC, 15 South Main Street Assignee of GE Capital/Wal-Mart Greenville, SC 29601 And c/o David R. Galloway,Esquire 4660 Trindle Rd., Ste. 300 Camp Hill,PA 17011 4. Name and last known address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) Citizens Bank of Pennsylvania 1735 Market Street Philadelphia,PA 19103 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so 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 so indicate) PA Dept. of Public Welfare- Health&Welfare Building Bureau of Child Support P.O. Box 2675 Harrisburg,PA 17105 Domestic Relations Section 13 North Hanover Street of Cumberland County Carlisle,PA 17013 7. Name and address of every 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 so indicate) None. I verify that the statements made in this affidavit are true and correct to the best of my personal . knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsifications to authorities. 19 Dat wren Bers hler Karl, Esquire SWO9 to amend Subscribed before me this day of ' 2014. tary Publ c COVAIONNIEAtTH OF PENIISYt.YAM A F O A IAL SEAL NIFER E SCOTT otary Public C Tv ALLEGHENY CNTY or Expires Oct 15.2017 ALL THAT CERTAIN parcel of land, together with the improvements erected thereon, situate in the Borough of Carlisle, Cumberland County, Pennsylvania,bounded and described as follows, BEGINNING at a point on the southern line of East Louther Street at corner of lands now or late of Elmer G. Shultz and Mary A. Shultz,his wife, said point being one hundred twenty-four(124) feet,more or less, measured westwardly along the southern line of East Louther Street from the southwest corner of East Louther Street and North East Street; thence in a westerly direction, along the southern line of East Louther Street, twenty(20) feet five (5) inches, more or less, to a point on the eastern line of a two and one-half(2 1/2) feet wide private passageway used in common by properties Nos. 158 and 160 East Louther Street, said point being also on the line coinciding with the center line of the partition wall on the second floor level between the two and one-half(2 1/2) story dwellings known as Nos. 158 and 160 East Louther Street; thence in a southerly direction along said line twenty-four(24) feet five(5) inches to a point at the southwest corner of the two and one-half(2 1/2) story brick dwelling, known as No. 160 East Louther Street; thence in a southerly direction two (2) feet eight(8) inches to a point in the center of the fence line between said properties Nos. 158 and 160 East Louther Street; thence in a southerly direction along said fence line ninety-eight(98) feet three (3) inches,more or less, to a point on a fifteen(15) feet wide private alley; thence in an easterly direction along the northern line of said private alley twenty-one (2 1) feet eight(8) inches to a point; thence in a northerly direction along a line parallel with North East Street and along other lands now or formerly of Robert L. Myers, Jr. and Evelyn M. Myers and lands now or formerly of Elmer G. Shultz and Mary A. Shultz,his wife, one hundred twenty-five (125) feet to East Louther Street, the point or place of BEGINNING. HAVING THEREON ERECTED a two and one-half story brick, slate roof dwelling, known as No. 160 East Louther Street, Carlisle, Pennsylvania, said property being also sometimes designated as No. 162 East Louther Street. TOGETHER with the right to use the above mentioned fifteen (15) wide private alleyway bounding the above described properties on the South for purposes of ingress, egress and regress to and from the above described property; and together with the right to use the two and one-half (2 1/2) feet wide private alley or passageway between said properties Nos. 158 and 160 East Louther Street located and lying upon said property No. 158 East Louther Street and extending from East Louther Street southerly along the dividing line between said properties a distance of twenty-six (26) feet nine (9) inches for the purpose of ingress, egress and regress to and from said property herein conveyed in common with the owners and occupiers of said property No. 158 East Louther Street abutting on the West. THE GRANTOR grants unto the grantees herein all of the rights reserved unto herself, her heirs and assigns, to the western most five (5) feet of the lot, now or late of Elmer G. Shultz and Mary A. Shultz,his wife, abutting on the hereinbefore described property on the East and extending from Louther Street on the North to a private driveway on the South, at a width of five (5) feet, for light, air, overhang of eaves, gutters, windows and the right of passage to and from said alley and for the use in painting,repairing and improving said property hereinbefore described, provided, however, that said portion of said lot abutting on the East shall not at any time be built upon, as set forth in the deed of Robert L. Myers, Jr. and Evelyn M. Myers, his wife,to Elmer G. Shultz and Mary A. Shultz, his wife, dated 1946, and recorded in the Office aforesaid in Deed Book 13,Volume"D", Page 17. BEING the same property that Patricia A. Howard and David G. Howard,by Deed dated June 20, 2002, and recorded on June 20, 2002 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 252,page 1331, granted and conveyed unto Patricia A. Howard. BEING COMMONLY KNOWN AS: 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 PARCEL NO. 02-21-0318-287 EXHIBIT "A" Q THE LAW OFFICES OF LAUREN BERSCHLER KARL,LLC Lauren Berschler Karl, Esquire Identification No. 88209 Attorneys for Plaintiff . 9800B McKnight Road, Suite 230 ' Pittsburgh,PA 15237 Phone: (412) 837-1164 r"ri - ► -r-ti- Fax: (412) 837-2648 " ------------------------------------------------------------ T ..... c " 1 o .,. CITIZENS BANK OF PENNSYLVANIA j c' v rf Plaintiff, COURT OF COMMON PLEAS ,jr-�' '� CUMBERLAND COUNTY V. -L NO.: 2010-7196 PATRICIA HOWARD Defendant. ----------------------------------------------------------- AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 I, Lauren Berschler Karl, Esquire,having been duly sworn, hereby certify that: 1. The written notice to Defendant required under Pa. R.C.P. 3129.2 was served by first class certified United States Mail return receipt requested and by first class United States mail on November 13, 2013 upon Defendant, Patricia Howard, at 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013. Proofs of mailing are attached hereto and labeled as Exhibit"A." 2. The written notice to Defendant required under Pa. R.C.P. 3129.2 was served upon Defendant, Patricia Howard, on November 16, 2013 at 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013, by certified mail. The original signed return receipt card and the USPS Confirmation page are attached hereto and collectively labeled as Exhibit`B." 3. The written notice to all persons named in Plaintiff s 3129.1 Affidavit other than the Defendant required under Pa. R.C.P. 3129.2 was served by first class United States mail on November 13, 2013, upon the following: Discover Bank, Issuer of Discover Card,by Its Agent Discover Financial Services, LLC P.O. Box 6011 Dover, DE 19903-6011 and c/o Edward Stock, Esquire Stock& Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Discover Bank 6500 New Albany Road New Albany, OH 43054 and c/o James C. Warmbrodt, Esquire Weltman, Weinberg&Reis Co., LPA 1400 Koppers Bldg. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 JMMMPC Co., Assignee for Chase Manhattan Bank P.O. Box 832 221 E. Market St. Clearfield, PA 16830 and c/o Joseph Colavecchi, Esquire Colavecchi & Colavecchi P.O. Box 131 221 E. Market St. Clearfield, PA 16830 LVNV Funding, LLC c/o David J. Apothaker, Esquire Apothaker&Associates, P.C. 2417 Welsh Rd., Suite 21 #520 Philadelphia, PA 19114 and c/o David J. Apothaker, Esquire Apothaker&Associates, P.C. 520 Fellowship Rd. C306 Mt. Laurel,NJ 08054 LVNV Funding, LLC, Assignee of GE Capital/Wal-Mart 15 South Main Street Greenville, SC 29601 and c/o David R. Galloway, Esquire 4660 Trindle Rd., Ste. 300 Camp Hill, PA 17011 PA Dept. of Public Welfare- Bureau of Child Support Health&Welfare Building P.O. Box 2675 Harrisburg, PA 17105 Domestic Relations Section of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Proofs of mailing are attached hereto and labeled as Exhibit"C." Respectfully Submitted, THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. BY: &auren B rschler Karl, Esquire Attorneys or Plaintiff EXHIBIT "A" Postal CERTIFIED MAILT. RECEIPT p (Domestic Mail Only; rq ...D For delivery information visit our website at www.usps.come Fd I '. Z- ru Postage $ Certified Fee „y 1 ru �'•P I tmark M Return Receipt Fee C3 (Endorsement Required) te; E Restricted Delivery Fee (Endorsement Required) M Total Postage&Fees $ ` r-q Sent ru 6 � :ate,z� g ___ --_Hr PS Form 3800,August 2006 See Reverse for Instructions uNrTEDSTATES POSTALSERIAKE® Certificate Of Meng W ° M N Tt L.B. Karl /xr-cling. 0 N N LO TY fp F` Park Building 355 Fifth Avenue, Suite 400 a o PA 15222 N Pittsburgh, Z N ` � t rC>LL To: NP 2 uj N (11NO 0 0 C ASA 4e 71�3 17 PS Form 3817,April 2007 PSN 7530-02-000-9065 EXHIBIT " B " USPS.com® - USPS TrackingTM Page 1 of 2 'English Customer Service USPS Mobile Register/Sign In Q C' Quick Tools Track Ship a Package Send Mail Manage Your Mail Shop B isu,ess Srliutinns Enter up to 10 Tracking A Find Find USPS Lc:caiions Buy Stamps Schedule a Pickup Srac TM Customer Service) °iFin ,I S Tracking � Have questions?We're here to help. H;id NA l Chame of Address Tracking Number:70121640000242770610 Scheduled Delivery Day:November 15,2013 _ rrJ !� J' ; J.m p • o `� '� N o owl 3 � Product & Tracking Information :n tm' ��,,,,//// m y Postal Product: Features: a j N (3A First-Class Mail® Certified Mail" Return Receipt uN y ` tD w CL N CL DATE&TIME STATUS OF ITEM LOCATION ... W O_W O E O z W November 16,2013,9:54 Delivered CARLISLE,PA 17013 1:1 , n —;O rn pT am November 15,2013.3:04 pm Notice Left CARLISLE,PA 17013 �_j O (D wF o- November 15,2013,9:12 am Out for Delivery CARLISLE,PA 17013 �^A1` C CD �1` N November 15,2013,9:02 am Sorting Complete CARLISLE,PA 17013 ru L_j November 15,2013,7:48 am Arrival at Unit CARLISLE,PA 17013 1 ti' a w v ¢t ?� Processed through -G November 15,2013,2:53 am HARRISBURG,PA 17107 ❑ — N USPS Sort Facility m O P;,Zi m m_Depart USPS Sort C3 N November 15,2013 HARRISBURG,PA 17107 C3 Cl Facility n Processed through z w m November 14,2013,5:32 pm HARRISBURG,PA 17107 (A LISPS Sort Facility N a a ° to a Depart LISPS Sort � � � a Z • November 14,2013 PITTSBURGH,PA 15290 -.1 v m Facility C3 • November 13,2013,8:39 pm Processed at USPS PITTSBURGH,PA 15290 Ir M tg 3. • Origin Sort Facility C3 O Dispatched to Sort _ � n November 13,2013,5:01 pm PITTSBURGH,PA 15222 0 Facility ❑ 3 m ❑ ❑ November 13,2013,4:55 pm Acceptance PITTSBURGH,PA 15222 ' o N 0 a It zr CL �< I WCD � _. Track Another Package What's your tracking(or receipt)number? .....................___.......__ Track It https://tools.usps.com/go/TrackConfinnAction!input.action?tRef=qt&amp;tLC=1&amp;t... 11/19/2013 EXHIBIT "C " Name and Address of Check type of mail or service: Sender ❑Registered Mail ❑Express Mail S�P�ES PO�T`it` The Law Qf�ces of __ Recorded Deliver International _ Laslran'B.Karl,LLC ❑Insured ❑ �' 355 Fifth Avenue, 7 ` ®®mss® Certified ❑Return Receipt For Merchandise ®PITNEY BOWES Ste.400 @ oOC.�pO Pittsburgh,PA 15222 _ 0 $ `� v Line Article Number Addressee Name,Street,and PO Address Postage ' 0003928132 NOV .�3 X41$. ..........................._ ................................................. . _. MAILED FROM ZIP;ebDEa 52.Z2'� Discover Bank,Issuer of Discover Card,by Its Agent Discover Financial Services,LLC 1 P.O.Box 6011 1 rtt Dover,DE 19903-6 ................................................... ............ !A ... L� Discover Bank,Issuer of Discover Card,by Its Agent Discover Financial Services,LLC 2 c/o Edward Stock,Esquire 804 West Avenue Jenkintown,PA 19046 ..... .........................._....._....................._....................._.............._........._........... ...._._..........__._........._.............._.......... .... Discover Bank 3 6500 New Albany Road New Albany,OH 43054 _...__.. . ...._...... ...... ........ .......... _ ... .... Discover Bank c/o James C. Warmbrodt,Esquire Weltman,Weinberg&Reis Co.,LPA 4 1400 Koppers Bldg. 436 Seventh Avenue, Suite 2718 Pittsburgh PA 15219 JMMMPC Co. Assignee for Chase 5 Manhattan Bank P.O.Box 832,221 E.Market St. Clearfield,PA 16830 JMMMPC Co.,Assignee for Chase Manhattan Bank g c/o Joseph Colavecchi,Esquire P.O.Box 131,221 E.Market St. Clearfield,PA 16830 ......._...................................,. ................... .. .......... .. . ...... ....... LVNV Funding,LLC c/o David J.Apothaker,Esq. Apothaker&Associates,P.C. 2417 Welsh Rd., Suite 21 #520 ...................................... LVNV FunPhiladelphia,PA 19114 __...._.__ _ .. d ... . ing,LLC c/o David J.Apothaker,Esq. $ Apothaker&Associates,P.C. 520 Fellowship Rd.C306 Mt.Laurel,NJ 08054 ....... ....... ... ..... ...................................._....................I................._.........._..._............ .... LVNV Funding,LLC,Assignee of 9 GE Capital/Wal-Mart 15 South Main Street Greenville, SC 29601 .......................... ........... .... . ..... ............._... ..._ . .. .. __...... .._........_ .......................................................................................... ................. .................. ....... .... LVNV Funding,LLC,Assignee of 10 GE Capital/Wal-Mart c/o David R.Galloway,Esq. 4660 Trindle Rd., Ste. 300 Camp Hill,PA 17011 ...... ._.... ........... ..... . .. .. .... ..... ....... .... PA Dept. of Public Welfare-Bureau of Child 11 Support,Health&Welfare Building P.O.Box 2675 Harrisburg,PA_17105_ . . , _ _�___._ __.- _. ___ Domestic Relations Section of Cumberland Co. 12 13 North Hanover Street _ Carlisle,PA 17013 Total Number of Total Number of : Postmaster,Per(Name of receiving employee) Pieces Listed by Pieces Received Sender at Post Office The full declaration of value is required on all domestic and international registered mail. The maxin 1 ; document reconstruction insurance is$500 per piece subject to additional limitations for multiple pie Express Mail merchandise is$500,but optional Express Mail Service merchandise insurance is eve for registered mail. See Domestic Mail Manual R900,S913,and S921 for limitations of coverage on international mail. Special handling charges apply only to Standard Mail(A)and Standard Mail(B)f PS Form 3877, Complete by Typewriter,Ink,or Ball Point Pen June 2004 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY NS f ,. t� s;�i ��O cUgt'L�tran�i��•�:,_ �.'i- T OFFICE OFM ,, ERIrF JUL —3 M110: 30 CUMBERLAND COUNTY PENNSYLVANIA Citizens Bank of Pennsylvania vs. Patricia Howard Case Number 2010-7196 SHERIFF'S RETURN OF SERVICE 01/06/2014 08:43 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 162 East Louther Street, a/k/a 160 East Louther Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 01/06/2014 08:43 PM - Deputy Jason Kinsler, 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: Patricia Howard at 162 East Louther Street A/K/A 160 East Louther Str, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 02/11/2014 As directed by Lauren Berschler Karl, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/4/2014 05/15/2014 As directed by Lauren Berschler Karl, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/2/2014 06/23/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $1,861.94 SO ANSWERS, July 02, 2014 f:;i CountySinie Sheriff, 'releosoft. Inc. • RONR ANDERSON, SHERIFF ,.10 -711(, :I On November 5, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 162 East Louther Street, a/lc/a 160 East Louther Street, Carlisle as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: November 5, 2013 By: Real Estate Coordinator (E :E d OE 130 OH Vd &JI ifC:) DiVieJ39kna JJI83-tS 3HI ;o dal LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2010-7196 Civil Term Citizens Bank of Pennsylvania vs. Patricia Howard Atty.: Lauren Berschler Karl ALL THAT CERTAIN parcel of land, together with the improve- ments erected thereon, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, BEGINNING at a point on the southern line of East Louther Street at corner of lands now or late of Elmer G. Shultz and Mary A. Shultz, his wife, said point being one hundred twenty-four (124) feet, more or less, measured westwardly along the southern line of East Louther Street from the southwest corner of East Louther Street and North East Street; thence in a westerly direction, along the southern line of East Louther Street, twenty (20) feet five (5) inches, more or less, to a point on the eastern line of a two and one-half (2 1/2) feet wide private passageway used in common by properties Nos. 158 and 160 East Louther Street, said point being also on the line coinciding with the center line of the partition wall on the second floor level between the two and one-half (2 1/2) story dwellings known as Nos. 158 and 160 East Louther Street; thence in a southerly direction along said line twenty-four (24) feet five (5) inches to a point at the southwest corner of the two and one-half (2 1/2) story brick dwelling, known as No. 160 East Louther Street; thence in a southerly direction two (2) feet eight (8) inches to a point in the center of the fence line between said properties Nos. 158 and 160 East Louther Street; thence in a southerly direction along said fence line ninety-eight (98) feet three (3) inches, more or less, to a point on a fifteen (15) feet wide private alley; thence in an easterly direction along the northern line of said private alley twenty-one (21) feet eight (8) inches to 41 a point; thence in a northerly direc- tion along a line parallel with North East Street and along other lands now or formerly of Robert L. Myers, Jr. and Evelyn M. Myers and lands now or formerly of Elmer G. Shultz and Mary A. Shultz, his wife, one hundred twenty-five (125) feet to East Louther Street, the point or place of BEGINNING. HAVING THEREON ERECTED a two and one-half story brick, slate roof dwelling, known as No. 160 East Louther Street, Carlisle, Penn- sylvania, said property being also sometimes designated as No. 162 East Louther Street. TOGETHER with the right to use the above mentioned fifteen (15) wide private alleyway bounding the above described properties on the South for purposes of ingress, egress and re- gress to and from the above described property; and together with the right to use the two and one-half (2 1/2) feet wide private alley or passageway between said properties Nos. 158 and 160 East Louther Street located and lying upon said property No. 158 East Louther Street and extending from East Louther Street southerly along the dividing line between said prop- erties a distance of twenty-six (26) feet nine (9) inches for the purpose of ingress, egress and regress to and from said property herein conveyed in common with the owners and oc- cupiers of said property No. 158 East Louther Street abutting on the West. THE GRANTOR grants unto the grantees herein all of the rights re- served unto herself, her heirs and assigns, to the western most five (5) feet of the lot, now or late of Elmer G. Shultz and Mary A. Shultz, his wife, abutting on the hereinbefore described property on the East and extending from Louther Street on the North to a private driveway on the South, at a width of five (5) feet, for light, air, overhang of eaves, gutters, windows and the right of passage to and from said alley and for the use in painting, repairing and improving said property hereinbefore described, LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 provided, however, that said portion of said lot abutting on the East shall not at any time be built upon, as set forth in the deed of Robert L. Myers, Jr. and Evelyn M. Myers, his wife, to Elmer G. Shultz and Mary A. Shultz, his wife, dated 1946, and recorded in the Office aforesaid in Deed Book 13, Volume "D", Page 17. BEING the same property that Patricia A. Howard and David G. Howard, by Deed dated June 20, 2002, and recorded on June 20, 2002 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 252, page 1331, granted and conveyed unto Patricia A. Howard. BEING COMMONLY KNOWN AS: 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013. PARCEL NO. 02-21-0318-287. 42 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 24, January 31, and February 7, 2014 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. ry 11L— Lisa arie Coyne, Ed tor SWORN TO AND SUBSCRIBED before me this 7 day of February, 2014 / Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. 2020 Technology Pkwy . - Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he atriotNews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller 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. 2010-7196 Civil Term Citizens Bank of Pennsylvania Vs Patricia Howard Atty: Lauren Berschler •Karl ALL THAT CERTAIN parcel of land, together with the improvements erected thereon, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, BEGINNING at a point on the southern line of East Louther Street at corner of lands now or late of Elmer G. Shultz and Mary A. Shultz, his wife, said point being one hundred twenty-four (124) feet, more or less, of measured westwardly along the tt southern line of East Louther Street gid: from the southwest corner of East ue Louther Street and North East Street; 1 thence in a westerly direction, along DP the southern line of East Louther Street, twenty (20) feet five (5) inches, — \', s <n a nnint on the eastern , st This ad ran on the date(s) shown below: 01/19/14 01/26/14 02/02/14 Sworrrto an subscribed befor eiis 18 day of February, 2014 A.D. ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, ota Washington Twp., Dauphin Public My Commission ExpiresDc 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC Lauren Berschler Karl, Esquire Identification No. 88209 Attorneys for Plaintiff 9800B McKnight Road, Suite 230 Pittsburgh, PA 15237 -c) Phone: (412) 837-1164 1-71 Fax: (412) 837-2648 :z r— cr, r - Ci CITIZENS BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS > v. CUMBERLAND COUNTY PATRICIA HOWARD NO.: 2010-7196 Defendant. rTi • . Cr) cP -4 C7 PLAINTIFF, CITIZENS BANK OF PENNSYLVANIA'S, MOTION TO REASSESS DAMAGES Plaintiff, Citizens Bank of Pennsylvania, ("Citizens") by its attorneys, The Law Offices of Lauren Berschler Karl, LLC., hereby moves for leave of court for entry of an Order directing the Prothonotary to Amend the In Rem Judgment Nunc Pro Tunc and in support thereof avers the following: 1 Citizens commenced this foreclosure action by filing a Complaint on November 16, 2010. (The Complaint is incorporated herein by reference). 2. After service and no response thereto, a default judgment was entered against Defendant, Patricia Howard, ("Defendant"), on July 1, 2011, in the amount of $22,696.53, with continuing interest at the per diem rate of $3.47 from June 30, 2011. A true and correct copy of the Default Judgment is attached hereto as Exhibit "A." 3 Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint plus any items which can be "made certain by computations" (i.e., bringing interest current). 4 4. However, new items cannot be added thereafter without court intervention. 5. On November 22, 2011, a Writ of Execution was filed with the Court which scheduled the Mortgaged Property located at 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 (the "Property"), for Sheriff Sale on March 7, 2012. 6. On March 5, 2012, Defendant, Patricia Howard, filed for protection under Chapter 7 (originally a 13 and then converted to 7) of the Bankruptcy Code in the Middle District of Pennsylvania. 7. Pursuant to Defendant's Bankruptcy filing, the March Sheriff's Sale was ultimately stayed. A true and correct copy of the Cost Sheet from the Sheriff's Office setting forth the amount paid to the Sheriff is attached hereto as Exhibit "B." On or about May 22, 2013, the Bankruptcy was discharged. A true and correct copy of the Discharge Order is attached hereto as Exhibit "C." 9. The defendant did not make any payments to Citizens during the Bankruptcy proceeding. 10. On October 29, 2013, a second Praecipe for Writ of Execution was filed with the Court scheduling the Mortgaged Property for the March 12, 2014, Sheriffs Sale date. 11. Due to Defendant being reviewed for a loan modification, the March 12, 2014, Sheriff's Sale was ultimately postponed to July 2, 2014. 12. As Citizens had approved Defendant for a trial loan modification, with payments beginning on June 1, 2014, the July 2, 2014, Sheriffs Sale was stayed. A true and correct copy of the Second Cost Sheet from the Sheriff's Office setting forth the amount paid to the Sheriff is attached hereto as Exhibit "D." 5 13. However, unfortunately defendant failed to comply with the trial loan modification, as she has never made any payments pursuant to the trial modification. 14. Thus, as neither Citizens (nor her housing counselor) has heard from the Defendant since before June 2014 and the loan is almost five (5) years delinquent, Citizens would like to reschedule the Property for Sheriffs Sale. 15. However, since the entering of judgment many additional costs have been expended by Citizens to protect its security interest in the Property. 16. For example, as Defendant had not been paying her property taxes, Citizens, beginning in August of 2011 through August 2014, has paid the Tax Claim Bureau a total of $7,113.89. 17. Therefore, as the judgment was entered on June 30, 2011, more than three (3) years ago, the Judgment needs to be amended to accurately reflect the taxes paid, additional interest, late charges, property inspections, bpos/appraisals and the Sheriff's Sale deposits which have since been incurred on the loan and for which the bank is rightfully entitled. 18. Accordingly, the amount of damages with per diem interest at the rate of $3.47, from August 27, 2014, should now read as follows: Principal $ 18,133.56 Accrued Interest 5,786.41 (as of 08/27/14) Late Charges 541.66 Taxes Paid (2011, 2012, 2013 & 2014) 7,113.89 Property Inspections 511.50 BPO/Appraisal 2,595.00 Title Reports 620.00 Sheriff's Sale Deposit (1st Sale) 1,530.76 Sheriffs Sale Deposit (2nd Sale) 1,861.94 Attorneys' Fees 1,000.00 Attorneys' Costs 300.00 TOTAL $ 39,994.72 6 19. The judgment formerly entered is currently insufficient to satisfy the amounts due on the loan documents. 20. Under the terms of the Loan Documents and Pennsylvania law, Plaintiff is entitled to inclusion of the interest, late charges, and any expenses paid by Citizens to protect its security interest, including the property taxes, bpo/appraisals, property inspections and Sheriff Sale deposits after the judgment had been entered. True and correct copies of the Mortgage and Note (collectively "Loan Documents") are attached hereto as Exhibits "E" and "F", respectively. 21. Citizens' foreclosure judgment is in ej only and does not include personal liability, as addressed in Plaintiffs attached brief. WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, respectfully requests that the Judgment be amended nunc pro tunc as set forth in the attached Order. Respectfully submitted, THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC BY: 03SW a ren Bersc er Karl, Esquire Attorneys for laintiff, Citizens Bank of Pennsylvania 7 VERIFICATION I, Lauren Berschler Karl, Esquire, hereby state that I am the attorney for Plaintiff in this action, that she is 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 her information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC BY: Date: Septeniber 17, 2014 0.136W u en Bersc er Karl, Esquire Attorneys for laintiff EXHIBIT "A" PROTHONOTARY COURT OF COMMON PLEAS — CUMBERLAND COUNTY CARLISLE, PA DAVID D. BUELL PROTHONOTARY To: Patricia Howard 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 CITIZENS BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY v. NO.: 2010-7196 PATRICIA HOWARD Defendant. NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. DAVID D. BUELL PROTHONOTARY X Judgment by Default ($22,696.53) Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitra on Judgment on Verdict Judgmenton Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LAUREN BERSCHLER KARL at this telephone number: (412) 232-0808. THE LAW OFFICES OF LAUREN BERSCHLER Lauren Berschler Karl, Esquire Attorney Id. No. 88209 Park Building 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax: 412-232-0773 CITIZENS BANK OF PENNSYLVANIA Plaintiff, v. PATRICIA HOWARD Defendant. KARL, LLC, "FILED -OFFICE Of THE PROTHONOTARY 2011 JUL —I PM 204 A Attorne ff biliAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2010-7196 PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a judgment by default in the amount of $22,696.53, plus continuing interest at the per diem rate of $3.47, from June 30, 2011, and costs of suit, in favor of Plaintiff, Citizens Bank of Pennsylvania, ("Citizens"), and against Defendant, Patricia Howard, ("Defendant"), for her failure to answer or otherwise plead in response to the Complaint in Mortgage Foreclosure in this action. In support thereof, Citizens avers the following: 1 On November 16, 2010, Citizens commenced this action by filing a Complaint in Mortgage Foreclosure with a Notice to Defend (collectively, the "Complaint") against the above - captioned Defendant. 2. On November 19, 2010, service of the Complaint was made personally upon Defendant, Patricia Howard, by the Sheriff of Cumberland County at her residence at 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013. A true and correct copy of the Affidavit of Service is attached hereto as Exhibit "A." 3. Defendant failed to plead in response to the Complaint within twenty (20) days. 4. On December 17, 2010, a Notice of Intention to Enter Judgment By Default was served upon the Defendant by United States first class regular mail at 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013. A true and correct copy of the Notice is attached hereto and labeled as Exhibit "B." 5. More than ten (10) days have elapsed since the Notices of Intention to Enter Judgment By Default were mailed to Defendants, and to date no responsive pleading has been filed. 6. Damages should be assessed in the amount of $22,696.53, plus per diem interest at the rate of $3.47, from June 30, 2011, and costs of suit, which is calculated as follows: Principal $ 18,133.56 Accrued interest (through 06/30/11) 1,778.21 Accrued late charges 464.76 BPO/Appraisal 400.00 Title Reports 620.00 Attorneys fees 1,000.00 Attorneys costs 300.00 TOTAL REAL DEBT $ 22,696.53 7. The aforementioned sum is the amount demanded in the Complaint with interest carried forward to June 29, 2011. WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania. demands Judgment in Mortgage Foreclosure in its favor and against Defendant, Patricia Howard, in the amount of $22,696.53, plus continuing interest at the per diem rate of $3.47, from June 30, 2011, and any and all additional attorneys fees and costs and any other costs and charges collectible under the mortgage and for the foreclosure and sale of the Property. Respectfully submitted, THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC BY: 1WCLU a ren Bers81hler Karl, Esquire Attorneys for Plaintiff, Citizens Bank of Pennsylvania Date: June 29, 2011 THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. Lauren Berschler Karl, Esquire Attorney Id. No. 88209 Park Building Attorney for Plaintiff 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax: 412-232-0773 CITIZENS BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY v. NO.: 2010-7196 PATRICIA HOWARD Defendant. CERTIFICATION OF SERVICE OF NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT I, Lauren Berschler Karl, Esquire, hereby certify that on December 17, 2010, I served a Notice of Intention to Enter Judgment By Default upon Defendant, Patricia Howard, by United States first class regular mail at 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013. By: auren Bers h er Karl, Esquire Attorney for laintiff Citizens Bank of Pennsylvania THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. Lauren Berschler Karl, Esquire Attorney Id. No. 88209 Park Building Attorney for Plaintiff 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax: 412-232-0773 CITIZENS BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY v. NO.: 2010-7196 PATRICIA HOWARD Defendant. CERTIFICATION OF ADDRESSES I, Lauren Berschler Karl, Esquire, hereby certify that the address of Plaintiff, Citizens Bank of Pennsylvania, is 10561 Telegraph Road, Glen Allen, VA 23059, and that the last known address of Defendant, Patricia Howard, is 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013. B auren Be chler Karl, Esquire Attorney fo Plaintiff Citizens Bank of Pennsylvania THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. Lauren Berschler Karl, Esquire Attorney Id. No. 88209 Park Building Attorney for Plaintiff 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax: 412-232-0773 CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY v. NO.: 2010-7196 PATRICIA HOWARD Defendant. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF ALLEGHENY Lauren Berschler Karl, Esquire, being duly sworn according to law, deposes and states that she is the attorney for Citizens Bank of Pennsylvania, and as such, is authorized to make this Affidavit on its behalf; and that, to the best of her knowledge, information and belief, Defendants, Patricia Howard, is not in the military or naval service of the United States or its allies or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of 1940 and/or its amendments. Sworn to and subs�d before me this g; day of 111,11' ,2011. eta (Notary ' RAW COMMON TH OF PENNSYLVANIA Notarial Se& Abby Ferguson, Notary Public City of Pittsburgh, Allegheny County My Commission Expires Oct. 1, 2013 ler Karl, Esquire EXHIBIT "A' RopnyRAridenson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND AND CO8 UNTY Citizens Bank of Pennsylvana vs. Patricia Howard Case Number 2010-7196 SHERIFF'S RETURN OF SERVICE 11/19/2010 OQ18PkX'Ronald Hoover, Deputy Sheriff, who being duy sworn accordinghulaw.dedeethsdun November 19, 2010 at 2119 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Patricia Howand, by making known unto herself personafly, at 162 E. Louther Street a/k/a 160 E. Louther Street, Car|io|e, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. RONALD HOOVER, DEP SHERIFF COST: $33.40 SO ANSWERS, November 23, 2010 RONNYRANDERSON, SHERIFF EXHIBIT "B" lbkarl@lbkarllaw.com THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC Park Building 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax: 412-232-0773 licensed in NJ and PA December 17, 2010 Patricia Howard 162 E. Louther Street Carlisle, PA 17013 ailda 160 E. Louther Street Carlisle, PA 17013 Re: Citizens Bank of Pennsylvania v. Patricia Howard CCP Cumberland County, Docket No. 2010-7196 Dear Ms. Howard: Please note, this office represents Citizens Bank of Pennsylvania in the above -referenced matter. Enclosed please find a Notice of Intention to Enter Judgment by Default. S' cerely, i u t en ersc ler arl LBK/jes Enclosure Howard.I0dayltr.1217 I 0 THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. Lauren Berschler Karl, Esquire Attorney Id. No. 88209 Park Building 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax: 412-232-0773 CITIZENS BANK OF PENNSYLVANIA : COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY �'. NO.: 2010-7196 PATRICIA HOWARD Defendant. To: Date of Notice: PATRICIA HOWARD December 17, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. Howard.TenDayNotice.12 1 7 1 0 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 34 South Bedford Street Carlisle, PA 17013 717-249-3166 Respectfully submitted, THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC BY: Howard. TenDayNotice, 121710 Malt uren Ber§ hler Karl, Esquire Attorney for laintiff, Citizens Bank of Pennsylvania -2- EXHIBIT "B" SHERIFF'S OFFICE OF CU Ronny R Anderson Sheriff Jody S Smith Chief Deputy Date: July 10, 2012 To: Lauren Berschler Karl 2 Penn Center Plaza, Suite 910 Philadelphia, PA 19102 BERLAND COUNTY OFF: Richard W Stewart Solicitor INVOICE REAL ESTATE SALE Citizens Bank of Pennsylvania vs. Case Number Patricia Howard 2010-7196 The following costs have been incurred in the above captioned action. Money owed is due upon receipt. Thank you for your cooperation in this matter. BALANCE DUE: DATE CATEGORY 30/6 12/15/2011 Advance Fee 12/15/2011 Docketing 12/15/2011 Levy 12/15/2011 Posting Handbills 12/15/2011 Poundage 12/15/2011 Surcharge 12/15/2011 Advertising 12/15/2011 Cumberland Law Journal 12/15/2011 Patriot News 12/15/2011 Prothonotary 02/06/2012 Service Mileage 03/05/2012 Postpone Sale 05/21/2012 Postpone Sale MEMO RONNY R ANDERSON, SHERIFF Advance Fee Postponed to: 6/6/2012 Postponed to: 7/11/2012 CHK # 1566 DEBIT $0.00 $30.00 $15.00 $15.00 $30.02 $20.00 $15.00 85511 $791.00 85897 $566.24 $2.50 $6.00 $20.00 $20.00 CREDIT $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00... $0.00 BALANCE: $1,530.76 $1,500.00 $(30.76) Cumberland County Sheriff, Carlisle, Pennsylvania, 17013, (717) 240-6390, (717) 240-6397 (fax) (c) CountySuite Sheriff. Telcosoft. Inc. EXHIBIT "C' 13.18 (Official Form 18) (12/07) United States Bankruptcy Court Middle District of Pennsylvania Case No.1:12—bk-01264—RNO Chapter 7 In re Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address): Patricia A. Howard 162 E. Louther Street Carlisle, PA 17013 Social Security / Individual Taxpayer ID No.: xxx—xx-9271 Employer Tax ID / Other nos.: DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). Dated: 5/22/13 BY THE COURT Honorable Robert N. Opel United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. Case 1:12-bk-01264-RNO Doc 41 Filed 05/22/13 Entered 05/22/13 01:00:17 Desc Ch 7 Discharge Page 1 of 2 EXHIBIT "D" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Date: June 23, 2014 To: Lauren Berschler Karl 2 Penn Center Plaza, Suite 910 Philadelphia, PA 19102 ICE OF THE $I Richard W Stewart Solicitor INVOICE REAL ESTATE SALE Citizens Bank of Pennsylvania vs. Patricia Howard Case Number 2010-7196 The following costs have been incurred in the above captioned action. Money owed is due upon receipt. Thank you for your cooperation in this matter. BALANCE DUE: DATE CATEGORY $ $36t94 11/05/2013 Advance Fee 11/05/2013 Docketing 11/05/2013 Levy 11/05/2013 Posting Handbills 11/05/2013 Poundage 11/05/2013 Surcharge 11/05/2013 Advertising 11/05/2013 Cumberland Law Journal 11/05/2013 Patriot News 11/05/2013 Prothonotary 02/11/2014 Postpone Sale 02/21/2014 Service Mileage 05/15/2014 Postpone Sale MEMO RONNY R ANDERSON, SHERIFF Advance Fee Postponed to: 6/4/2014 Postponed to: 7/2/2014 CHK # 1954 DEBIT $0.00 $30.00 $15.00 $15.00 $36.51 $20.00 $15.00 94972 $791.00 95085 $890.40 $2.25 $20.00 $6.78 $20.00 CREDIT $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 BALANCE: $1,861.94 $1,500.00 $(361.94) Cumberland County Sheriff, Carlisle, Pennsylvania, 17013, (717) 240-6390, (717) 240-6397 (fax) (c) CountySuite Sheriff, Teleosoft, Inc (9-4760-1 V CITIZENS BANK --3EftT P. ZIECLER 2 J. ORDER Or DEEDS !'"'ZERLAND COUNTY -p„ 'Q2 JUL 25 fir11024 PENNSYLVANIA CLOSED-END MORTGAGE THIS MORTGAGE is given on 07/09%2002 .. The mortgagor is PATRICIA A HOWARD This Mortgage is given to :Citizens Bank of Pennsylvania whose address is 1735 Market Street, Philadelphia; PA 19103 :Mende?* its successors or assignees: In this Mortgage; the terms "you;' '.'your" and "yours" refer to the mortgagor(s). The terms "tve," "us and "our" refer to the Lender. You owe: is the principal sum of $ 28,734.79 Dollars: This debt is evidenced by;ybur note ('TTote'q dated the same; date hs this Mortgage, which provides for monthly payments, with the full debt, if not paid earlier, dueand payable on 07/13/2017 Page 1 PACLOSED REV. 10701 Vi 1166 0852 This Mortgage secures to us: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under this Mortgage to protect the security of this Mortgage; and (c) the performance of your covenants and agreements under this Mortgage and the Note For this purpose, you hereby mortgage, grant and convey to us and our successors and assigns the property located in CUMBERLAND County, Pennsylvania, and more fully described in Exhibit A, which is attached hereto and made a part hereof, which property has the address of 162 EAST LOUTHER STREET, CARLISLE, PA 17013 (Property Addrese); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Mortgage. All of the foregoing is referred to in this Mortgage as the 'Property". Page2 BK1766 PG 0853 -7:-. • • - YOU COVENANT that you are lawfiillyseized of the estate 'hereby conveYed and have the right to mortgage, grant and convey the Property and that MC Property is =encumbered, except for =cumbrances of record. Yon warrant and will defend generally the tide to ;he'Property against all claims and demands, subject to any encitaibrances'of recOrd. YOU AND WE covenant and agree as follows: 1. Payment of 'Principal, Interest and Other Charges, You Shall pay whett-due the principal cif and interest' owing under the Noterutdall other charges due .under the'Note. 2.. Payments of Taxes and _insurance. You Will paY, when due, all .taxes',irtaieSsments leasehold payments or ground rents (if any), and hazard insurance on the Property and mortgage insurance (if any), :We spedifically reserve to eurielves and our successors and assigns the -Unilateral right to require that you pay to us on the day itiOnthlYpeyments are due an =Mug equal to ono -twelfth (1112) of the yearly taxes, and assessments(including tondonaimiunt and planned unit development assessments,Jf any) which may attain priority over this Mortgage and ground rents on the Property, if anY, plus one -twelfth (1/12) of . yearly premiuminstalbsionts for hazard and mortgage .instuanee; all as we reasonably estimate initially and froos. time to time, as allowed by and in:acerdarice with applicablelaw .3 . •Application of Payments. • Unless applicable law.provides otherwise alt payments received by us under theNote and Section 1 will be applied by us rta permitted under theNote. 4. Prior:Mortgages; Charges;Llens You shall perforin all of your obligations under any mortgage , -deed of trust or ether security instruments with alien 'Which isa.s.priority ever this Mortgage,' including your Covenants to mike payments when due. You shall pay all taiet, assessments, Cherges, fines and iriipoSitions attributable te'theProPertY'WhiekinaYattairi'PrioritY over this Mortgage, and'leatehold payments: or ground rents, ifzusy. Upon our request, you shall PrOmptly furnish to us all notices Of arriototts to be paid Under this paragraph and receipts eviderieing inYsuch.Paysnents You snake direatly." YOu' shalt promptly discharge any lien (other thane lien disclosed to us in your application Or in any title reporteie obtained) which bas priority over this Mortgage. 5. Hazard Insurance. You 'Shall keep the 'Property :insured against lose by fire hazards included within the term "extended coverage"and any other hazards, including floods or hooding, for which we require insurance. This insurance shall be maintained in the amounts and for the periods that we require. You may choose any insurer reasonably acceptable to us and shall include a standard mortgagee clause. If we relit ire, you shall prorimtly give tis all receipts of paidpiemituns and renewal notices. If you fail to Maintain coverage as required inthis Section, youautherize us to obtain such coverage as We in out sole discretion determine appropriate to proteCt our interest in the Property in accordance With the provisions in Section 7. Yoannderstand and agree *sten), coverage we purchase may cover Milyintr interest in the Property and may not cover your interest in the Property or any personal property therein You also understand and agree that the premium for any such insurance may be higher. than the premium you would pay for such insurance. Page 3 N17665'08 4 • You shall promptly notify the insurer and us of any loss. We may make proof of loss if you do not promptly do so. We may also, at our option and on your behalf, adjust and compromise any claims under the insurance, give releases or acquittances to the insurance company in connection with the settlement of any claim and collect and receive insurance proceeds. You appoint us as your attomey-in-fact to do all of the foregoing, which appointment you understand and agree is irrevocable, coupled with an interest with full power of substitution and shall not be affected by your subsequent disability or incompetence. hasuranceprocer.ds shall be applied to restore or repair the Property damaged, if restoration Or repair is economically feasible and our security would not bo lessened. Othenalse insurance proceeds shall be applied to sums secured by this Mortgage, whether or not then due, -with any excess paid to you. If you abandon the Propertyor do not answer within 30 days our notice to you that the insurer has offered to settle a claim, then we may collect and use the proceeds to repair or restore the Property Otto pay sums secured by this Mortgage, whether or not then due, 'The 30 -day period will begin when notice is given. Any application of proceeds to principal shall not require us to extend or postpone the due date of trtonthly payments. If we acquire the Property at a forced sale following your default, your right to any insurance proceeds resulting from damage to the Property prior to the acquisition shall pass to us to the extent of the sums secured by this Mortgage immediately prior to the acquisition. You shall not permit any condition to exist on the Pronertywhich would, in any way, invalidate the insurance coverage on the Property. 6. .PreservatIon, Maintenance itid Protection of the Property; Leaseholds You shall not destroy, damage or substantially Change the Property, allow thiProptitY to. deteriorate, or tommit waste. If this Mortgage is on a leasehold,you shall comply with the !triad.If yoti.acquire fee title to the Property, the letiehtild and fee title Shall not Merge unless we agree to the merger in Writing. 7. Protection of Our Rights In the Property; Mortgage Insurance. If you fall to perform the covenants and agreements contained in this Mortgage, or there is a legal proceeding that may significantly affectour rights inthe Property (such es a Proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then we may do, and pay for, 'anything necessary to protect the Property's value and our rights in:the PropertY, Our actions may include paying any .surns secured by a lien which has priority over this Mortgage or any advance under the Note of this Mortgage, appearing in court, paying -reasonable attorney's fees, paying any sums which you are required to pay under this Mortgage and entering on the Property to make repairs, We do not have to take any dearth we are petinifted to take ender this paragraph. Any amounts we pay under this' paragraph shall become additional debts youoive us and shall be secured by Mortgage. These amounts shall bear interest front the disbursement date at the rite established under the Note and shall be payable, with .interest, upon our request. If we required mortgage insurance as a condition of making the loan secured. by this Mortgage, you shall pay the premiums for such insurance until such time as the requirement for theinsurance terminates. Page 4 BK 1766PG0855 $: Inspection. We may make entries in and upon the Property to mspect sane at reasonable time and upon reasonable notice. 9, Condemnation. The proceeds of any award for damages, direct or consequeuna7, in connection with any condemnation or other rakingof, any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to us. If the Property is abandoned, or if, atter notice by us to you that the condemnor•offers to make an award or settle a claim for damages, you fail to respond to us within 30 days after the -date the notice is given, we are authorized to collect and apply theproceeds, at our option,- either to restoration or p repair of the Property or to rbc sums secured by this ?Mortgage, whether or not then due. Unless we and you otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments payable under the Note and paragrapb 1 or change the amount of such payments. 10. You Are Net Released; Forbearance by Us Not a Waiver. Extension of .time for payment or modification of amortization of the sums secured by this Mortgage granted by us to any of your successors in interest shall not operate to release your liability or the liability of yoursuccessors in interest. We shall not be required to commence proceedings against any successor in interest, refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgegeby reason of any demand Made by you or your'sueeessore in. interest. Our forbesrance in exercising any right Or remedy shall not waive or preclude the exercise 'Many' rightorreinedy. 11. Successors and Assigns Bound; Joint and Several Liability;, Co-signers.:' The covenants and agreements of this Mortgage shall bind and benefit your successors and permitted assign..- Your covenants and agreemerik ball be joint and several. Anyone who co-signs this Mortgage but docs not execute the Note: (a) is co-signing this Mortgage only to mortgage,: grant and convey such person's interest in the Property; (b) is not personally obligated to pay the Note, but is obligated to pay all other sums secured by this Mortgage; and (c) agrees that we and anyone else who signs this Mortgage may agree to extend, Modify, forbear or make -any accommodations regarding the terms -of this Mortgage or the Note without such person's consent. • 12. Loan Charges. If the loan secured by this Mortgage is subject to a law which, sets maximum loan charges, and that law is finally interpreted so: that the interest or other loan charges collected or to be collected in connection with the loan canted the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from you which exceed.pemutted limits willbe refunded to you. We may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to you. Ili • refmd reduces principal, the reduction will be treated as.a partial prepayment without any prepayment charge under the Note. y 13. Notices. Unless otherwise required by law, any notice to you provided for in this Mortgage shall be delivered or mailed by first class mail to the Property Address or any other address you designate by notice to us. Unless otherwise required by law, any notice to us shall be given by fust class mail to our address stated above or any other address we designate by notice to you. Page 5 BI{ 17 6PC10856 14. Governing Law; Severability. The extension of credit secured by this Mortgage is governed law, which for the purposes of 12 USd:Section 85 incorporates Pennsylvania law. However, the interpretation and enforcement of this Mortgage shall bo governed by the law of the: - jurisdiction in which the Property is located, except as preempted by federal law: In the event that any provision or clause of this Mortgage or the Note conflicts -with applicable law, such conflict shall not affect other Provisions of this Mortgage Or the Note Which can be given effect without the Conflicting provision_ To this end the. provisions of this Mortgage and theNote ere declared to be severable. 15. Transfer of the Property. If all or any part of the Property or any interest m it is sold or transferred without Or prior written Consent, we May, at ow' option, require immediate payment hi mi of all stints secured by this Mortgage:, However the option shall not be exercised by us if exercise is prohibited by federal law as of the date of this Mortgage. 16. Sale of Agreement; Change • of Loan Servicer: The Note or e partial interest in the Note (together with this Mortgage) May be Sold anew- More times without to you. A sale may result in a change in the entity (known as the "LoanServicer") that collects monthly payments due under the Note and this Mortgage. There. also may be' one or more changes of the Loan Servicer unrelated to the sale of the Note. If there is achange of the Loan Servicer, you will be given written notice of the change as required by applicable law. The notice will state the name and address of the new Loan ServiCer and the address to which payments should be made.. The notice will also contain any information required by applicable law. 17. Hazardous Substances. You shall:not cause or permit the presence; use, disposal,. storage, or release of any Hazardous Substances on or in the Property., You shall not do, nor -allow anyone else:to do,anything affecting the Property that is in:violatiori Of any Environmental Law The preceding two sentences shall not apply to the presence,. use, or storage on the Property ofHazardous Substances in quantities that are generally to be appropiiateto normal residential Uses and so maintenance of the Property. You shall promptly give us written- notice of any investigation, Claim, deniand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law o f which you have actual knowledge; If you learn or are notified by any government or regulatory authoritythat any removal or Other remediation of any Hazardous Substance affecting the Property is necessary, you shall promptly take all necessary remedial action., in accordance with Envircirunental Law. • As used in•thi.s Mortgage; 'Hazardous Substances" are those substances defmed as toxic or hazardous substances by Environmental Law and the following Substances:, gaSOline, kerosene; other flammable or toxic petroleum products, toxic pesticides and herbicide's, volatile Solvent's, materials containing asbestos or formaidehyde, and 'radioactive materials; As used in this Mortgage, "Environmental La*" means federal laws and laws of the jurisdiction where the Property' is Iodated that relate to health, safety or environmental protection. Page 6 BK1766PG0857 18. .Acceleration; Remedies. We shall give you notice prior to acceleration following your breach of any covenant or agreement in this Mortgage (but not prior to acceleration under Section 15 unless applicable law provides otherwise). The notice shall specify:; (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result In acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform you of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense you may have to acceleration and foreclosure. If the default is not cured as specified, we may, at our option, require iaupediate payment In Hili of all. sums secured by this Mortgage without further demand and may foreclose this Mortgage by Judicial proceeding. We shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 18, including, but not limited to, reasonable attorneys' fees as permitted by applicable law and costs of tide evidence to the extent permitted by applicable Iaw, 19. Discontinuance of Enforcement. Notwithstanding our acceleration of the sums secured by this Mortgage under the provisions of Section 18, we may, in our sole discretion and upon such conditions as we in our sole discretion determine, discontinue any proceedings begun to enforce the terries of this Mortgage. 20. Release. Upon. payment of all sums secured by this Mortgage, we shall: discharge and satisfy this mortgage without charge to you. You shall pay any recordation costs. 21. Additional Charges. You agree to pay reasonable charges as allowed by law in connection with the servicing of this loan including; without limitation, the costs of obtaining tax searches and subordination.' Provided, however, that nothing contained in this section is intended to create and shall not be construed to create any duty or obligation by ua to perforin any; Such act, or to execute or consent to any such.ttansaction or matter, except a release of Me Mortgage upon full repayment of all sums secured thereby. 22. Waivers, You, to the extent permitted by applicable law, waive and release any error or defect in proceeding to enforce this Mortgage, and hereby waive the benefit of any present or future laws providing far of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. No waiver by us.at any time of any term, provision or covenant contained in this Mortgage or in the Note secured hereby shall be deemed to be or construed as a waiver of any other term; provision or covenant or of the same term, provision of covenant at any other time. 23. Reinstatement Period. Your time to reinstate provided in Section 18 shall extend t0 one hour prior to the commencement of bidding at sheriff's sale or other sale pursuant to this Mortgage. 24. Purchase Money Mortgage. if any of the debt secured by this Mortgage is lent to you to acquire title to the Property, this Mortgage shall be a purchase money mortgage. Page 7 BK L 766Pr,os5a 2S. Interest Rate After Judgment. You agree that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, you accept and agree to the terms and covenants contained in this Mortgage and executed by you.. Signed, sealed and delivered in the presence of PATRICIA A HOWARD Page 8 1310766K0859 CERTIFICATE 01? RESIDENCE OF MORTGAGEE The precise address and principal place of business of the Mortgagee is: 173S Market Street Philadelphia, PA 19103 Clerk: Please return to: CITIZENS BANK Consumer Loan dperations 480 Jefferson Boulevard Warwick, RI 02886 Citizens Bank of Pennsylvania .. By: . /• Name: Tu„eN,y A. ggilck Title: S5 rZ Page 9 gK 1766P0860 INDIVIDUAL ACKNOWLEDGMENT STATE OR COMMONWEALTH OF .rPet,nsi Lama COUNTY OF CuvrItlActetA, rSS: On the 94s- day of JvI . 2a� � , before me appeared PATRICIA A HOWARD to me personally known to be the person(s) whose name(s) is/are subscribed to this instrument, and such person(s) acknowledged that he/she/they (i)executed the same for the purposes therein cor�tertry ' and (ii) execued this instrument as their free act and deed ;t<; '- ' IN WITNESS WHEREOF, 1 hereunto set rig hand a (Official Seal) Attention Registry of Deeds/Town or City Clerk: Mail to: Citizens Bank Consumer Finance Operations 480 Jefferson Boulevard Warwick, RI 02886. B10760;0861 ACKPA•3/02 LEGAL DESCRIPTION Land referred to in this commitment is described as all that certain property situated in the Borough of Carlisle in the County of Cumberland end State of Pennsylvania and being described in a deed.dated Jun - 20 -2002 and recorded Jun -20-2002, among the land records of the County and State set forth ;above, and referenced as follows: Book 252 and Page 1331. All that certain parcel of land, together with the improvements, erected thereon, situate in the Borough of Carlisle, Cumberland County; Pennsylvania, bounded and described as follows, . Beginning at a point on the Southern line of East Louther Street at corner oflands:now or late ,of Elmer G. Shultz and Mary A. Shultz, his wife, said point being one hundred twenty-four (124) feet, more or less, measured Westwardly along the Southern line of East Louther Street from the Southwest corner of East Louther Street and North East Street; thence in a Westerly direction, along the Southern line of East Louther Street, twenty (20) feet five (5) inches, mare or less, to a point on the Eastern line of a two and one-half (2 1/2) feet wide private passageway used in common by properties Nos. 158 and 160 East Loather Street, said point being also on the line coinciding with the center line of the partition wall on the second floor level between the two and one-half (2 1/2) story dwellings known as Nos. 158 and 160 East Louther Street; thence in a Southerly direction along said line twenty-four (24) feet five (5) inches to a point at the Southwest corner of the two and one-half (2 1/2) story brick dwelling known as No. 160 East Louther Street; thence in a Southerly direction two (2) feet eight (8) inches to a point in the. center of the fence line between said properties Nos: 158 and 160 East Louther Street, thence in a Southerly, direction along said fence line ninety-eight (98) feet three (3) inches,.marc or less, to a point on a fifteen (15) feet wide private alley; Property knownas 162 East Louther Street, Carlisle, PA17013. Tax ID No: 02-21-0318-287 ORDER # 82548215 BK 1766 PG 0862 Count PA order of Deeds EXHIBIT "F" SECONDARY MORTGAGE LOAN CITIZENS BANK PROMISSORY NOTE AND DISCLOSURE STATEMENT. Borrower(s): PATRIeIA A HoWARs Lender. Q Citizens Bank of Massachusetts 28 State Street Boston, MA 02109 o Citizens Bank of Rhode Island 1 Citizens Plaza Providence, R102903 Citizens Bank of Connecticut 63 Eugene O'Neill Ddvo New London, Cr 06320 [] Citizens Bank New Hampshire 875 Bim Street Manchester, NH 03101 9 Citizens Bank of Pennsylvania 1735 Market Street Philadelphia, PA 19103 Citizens Bank 919 North Market Street Suite 200 Wilmington, DE 19801 Principal Amount: $28,734 .79 Interest Rate: 6.990 % Date of Note: 07/09/2002 In this Net; the words, "Borrower", "you," and "your" mean each and every person who signs this Agreement, Including all Borrowers named above. The words "we, "us", "our" and "Lender" mean Citizens Bank of Massachusetts, Citizens Bank of Rhode Island, Citizens Bank of Connectient, Citizens Bank New Hampshire, Citizens Bank of Pennsylvania, or Citizens Bank (our Delaware Bank), as indicated above, herein after referred to es "Citizens Bank". FOR VALUE RECEIVED, the undersigned (jointly and severally if more than one) premise to pay to the above named Lender or order, the principal sum of $ $28,734.79 Dollars with interest at thereto of 6.990 % per annum, payable in 18Q consecutive monthly installments of S_ 250.16 each, and a final installment lo include all principal and accrued interest, and late charges, insurance premiutns and all other charges, if any. The fust such installment will be due on D8/13/2002 end the remaining installments on the same day of each month thereafter until paid in full. All payments will be applied first to interest, then to insurance charges, if any, and then to principal, and any remaining amount to unpaid collection costs and late charges and any other charges you may owe. The interest rata required by this section is the rate you will pay both before and after any default described in the default section. Finance Charge: Interest on this Note is computed on a 365/366 simple interest basis. First we apply the ratio of the annual interest rate over the number of days in a year (366 daring leap years), multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. ANNUAL PERCENTAGE RATE Tho cost of your credit es a yearly rate 6.990 % FINANCE -CHARGE The doter amount the credit will east you 53.7,734.03. Amount Flaancetk Tho amount of coedit provided to you or on your behalf $28,734.79 Total bayanents The amount you will havo paid when you have made all payments es scheduled $46,468.80 NUMBER OF PAYMENTS AMOUNT OF PAYMENTS WHEN PAYMENTS ARE DUE $ Monthly beginning on 180 $ 258.16 Monthly beginning on 08/13/2002 The payment schedule and "Total of Payments" scheduled above assume that all payments are made on the due date. If payments are made late, the amount of interest payable hereunder will continue to accrue on the unpaid principal balance and the total interest hereunder will increase. PREPAYMENT; If you pay off early, you will not have to pay a penalty. LATE CHARGE: Your late fee will be calculated es follows: MA: Your payment will be late if it is not received by us within 15 calendar days of the Payment Due Date' shown above. If your payment is late, we may charge you 3.000% of the regularly scheduled payment of principal and interest. CT and RI: Your payment will be late if it is not received by us within 10 calendar days of the Payment Due Date shown above. If your payment is late, we may charge you 5.000% of the regularly scheduled payment of pprince al and interest, or $10,00 whichever is less. NH; Your payment will be late if it is not received by us within 10 calendar days of the Payment Due Date shown above. If your payment is late we may charge you 7.000% of the regularly scheduled payment of principal and interest or $12.50, whichever is greater. PA and DE: Your payment will be late if it is not received by us within 15 calendar days of the Payment Due Date shown above. If your payment is late, we may charge you 10.000% of the payment or $20.00, whichever is greater. You will pay this late charge only once on any late payment. ,SECUR1'TY: You are giving a security interest in real estate located at 162 PAST 7,OUTHSR STRUT, CAnzattna, PA 17013 a it on to on• er s security Interest an of ern is to your ' epostt ASSUMPTION: Someone buying your home cannot assume the remainder of the mortgage on its original terms. See other related contract documents for additional information about nonpayment, default, the right to accelerate The maturity of the obligation and security interests. ITEMIZATION OF l'HE AMOUNT FINANCED: Itemization of the amount financed of $ 28,734.79 Amount given to you directly Prepaid Finance Charges Amount(s) paid to others on your behalf`. TO NBLLort BANK TO CAPITAL oNE BANK TO ASSOC/CITI TO Dr8COVER PxNAitCIAL SVC TO Lowrta/UsGA $ j!i-445,.era SV 1.70 TO $ TO $ TO $ TO TO $ TO $ TO $ TO $ TO TO $ TO $ TO INSURANCE COMPANY $ 1,734.79 TO Settlement Fees $ 0. C 0 Page 2 airs --,s• _3,314 a, So . .: e sos,o}it` G�.Mfli2 'b 3 h %L.3 a 5.303. 0 INSURANCE: You may obtain property insurance from anyone that is acceptable to the Leader. If your collateral property is located in a designated Flood Zone, you must also maintain adequate flood insurance on the property. COLLATERAL: In addition to the protections given to the Lender under this Note, this Ncte is secured by a Mortgage dated 07/09/2002, to Lender on real propertylocated in CUMBERLAND County, State of PA , all the terms and conditions of which are hereby incorporated and made a part of this Note. DEFAULT: You will be in default if any of the following events happens: (a) You fail to make a payment when it is due under this Note or any other loan you •nay have with Citizens Bank. r (b) You have made any false or misleading statement(s) in your application for this Nate or any other loan you may have with Citizens Bank, or there is a material adverse change in your financial condition. (c) An assignment has been made for the benefit of your creditors or an entry of judgement has been made against you, 'or someone tries to take or attach any of the collateral (d) You fail to comply fully with any term or condition of this Note or any other loar or agreement you may have with Citizens Bank. (e) You die or become insolvent, a receiver is appointed for any part of your propert', or any proceeding is commenced either by you or against you under any bankruptcy or insolvency law,. COLLECTION COSTS: If you fail to abide by any of the terms of this Note, and if we are permitted to do so by applicable law, we may lure or pay someone else to help collect on the Note. You will pay all reasonable collection costs, including reasonable attorney's fees incurred by us in the collection of amounts due unser this Note. This includes, subject to any limits under applicable law, our legal expenses whether or not there is a lawsuit and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay of injunction), appeals, and ally anticipated post judgement collection services. In New Hampshire, if, but only i by applicable law, we are permitted to collect attorneys fees from you as part of our costs of collecting any amounts due under this Note, then you, to the extent required by New Hampshire Revised Statutes Annotated Chapter 361-C, as amended, shall be entitled to reasonable attorney's fees if you prevail in (a) any action, suit or proceeding brought by us, or (b) any action brought by you. Ifyou successfully assert a partial defense or setoff, recoupment or counterclaim to any action brought by us, the court may withhold from us the entire amount or such portion of the attorney's fees as the court considers equitable. OFFSETTING DEPOSIT ACCOUNT: Unless prohibited by applicable law, we may apply money from any of your deposit accounts with us, or our affiliates, now or in the future, to pay all or a portion of any amount overdue under this Note. We may use this right of offset without giving you notice, unless otherwise requir;d by applicable law. Page 3 UNIFORM SECURED NOTE: This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage (the "Security Instrument"), dated the same data as this Note, protects the Note Holder from possible losses which might result if you do not keep the promises which you make in this Note. That Security Instrument describes how and under what conditions you may be required to make immediate payment in full of all amounts you owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of alt sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. PAYMENTS: All payments must be made by a check, money order, or other instrument in U.S. dollars and may be mailed or made at any Citizens Bank office during regular banking hours. Payments sent by mail must be mailed early enough to insure receipt by us on the Payment Due Date. Inquiries and payments may be directed to: Citizens Bank Consumer Pittance Operations 1 Citizens Drive Riverside, RI 02915 1-800-922-9999 DOCUMENTATION: You agree to execute or re -execute any document that we request in order to correct any error or omission in the original Promissory Note, Mortgage, or other loan related documents, including, but not limited to, Confirmatory or Corrective Mortgages. MISCELLANEOUS: Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. You and any other person who signs, guarantees or endorses this Note, to the extent allowed by Iaw, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released clam liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that ' Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. GOVERNING LAW: This Note is governed by federal law and by the laws of the state or commonwealth in which this Note was signed: The Commonwealth of Massachusetts, the State of Rhode Island, the State of Connecticut, the State of New Hampshire, the Commonwealth of Pennsylvania, or the State of Delaware. To the extent that federal Iaw preempts state law, this Note is governed by federal law. If any provision of this Note conflicts with any existing or future law, it shall be deemed modified to the extent necessary to comply with such law and the validity of the remaining terms shall not be affected. The undersigned aclmowledges that before signing this Note that all blank spaces were completed, that the' undersigned had read this Note, fully understand its provisions and approves the terms and conditions set forth herein, and that the undersigned has received a copy of this Note as so completed. You acknowledge that you received and read the Home Equity disclosure statements provided to you during the application process, which include When Your Hone is On the Line, Servicing Disclosure Statement, Good Faith Estimate, Right to Receive a Copy of an Appraisal, for MA residents only, Massachusetts Mortgage Loan Disclosure, Uniform Mortgage Loan Cost Worksheet, Consumer Guide to Obtaining a IL.fotgage, for CT residents only, Mortgagor's Right to Counsel, for RI residents only, Choice of Title Attorney Disclosure and for NJ residents only, Right to Own Counsel Disclosure. You also acknowledge that you received the Insurance Application Disclosure, both orally (if you applied in a branch office or by telephone) and in writing, at the time you applied for credit. Additionally, you acknowledge that with your application, you provided your consent to us to check your employment and credit history with any source and to answer questions about your credit experience with us. NOTICE TO NEW JERSEY BORROWERS: READ THIS NOTE BEFORE YOU SIGN. DO NOT SIGN THIS NOTE IF IT CONTAINS BLANK SPACES. THE NOTE IS SECURED BY A SECONDARY MORTGAGE ON YOUR REAL PROPERTY. Page 4 CREDIT LIFE AND/OR ACCIDENT & HEALTH INSURANCE: YOU CANNOT BE DENIED CREDIT SIMPLY BECAUSE YOU CHOOSE NOT TO BUY CREDIT INSURANCE, CREDIT LIFE INSURANCE AND CREDIT ACCIDENT AND HEALTH INSURANCE ARE NOT REQUIRED TO OBTAIN CREDIT. INSURANCE WILL NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY TETE ADDITIONAL CHARGE. ❑ If the box at the beginning of this paragraph is checked, I acknowledge that I am not obtaining credit insurance for this loan for one of the following reasons: (a) I am not eligible for credit insu.•ance; (b) Credit insurance is not available from Lender; or (c) I am eligible and credit insurance is available from Lender, I do not want It. TYPE PREMIUM/TERM AUTHORIZATION (each borrower must sign below) ® Single Credit Life $1,734.79 /3.(31: es, I qualify for and want single credit lif : insurance• L } _ (� `�v4l'VG1 fN (\ �`� NCX Either Borrower 1 or Borrower 2 Print Name ❑ Joint Credit Life $ . oo /Iso Yes, we qualify for and want joint credit Il fe insurance Borrower Signature Print Name Co -Borrower Signature Print Name $ .00 /120 Yes, I qualify for and want single credit &ability insurance 1 Single Credit Disability Either Borrower 1 or Borrower 2 Print Name (Credit Life is required in order to have cr.dit disability insurance) ❑ Joint Disability (Available in PA only) $ .00 /1.20 Yes, we qualify for and want joint credit d.sability insurance Borrower Signature Print Name Co -Borrower Signature Print Name (Credit Life is required in order to have credit disability insurance) INSURANCE CREDIT DISCLOSURES You have agreed to purchase credit insurance through Citizens Bank in connection with your loan. THE CREDIT INSURANCE YOU ARE PURCHASING IS: *NOTA DEPOSIT *NOT FDIC -INSURED *NOT INSURED BY ANY FEDERAL GOVERNMENT AGENCY *NOT GUARANTEED BY CITIZENS BANK ANY AFFILIATE OF CITIZENS BANK Credit Life/Disability Insurance may be terminated at any time, however, if eligibility requirements are met, this insurance will be made available to your and will cover the outstanding principal balance of this Note up to the stated limits. An insurance certificate will be provided to you containing a complete description of he coverage and related exclusions. Insurance,will cover only those Borrowers who sign above and who satisfactorily complete the enrollment form that will be provided. PATRICIA A HOWARD promnote Rev 11/01 THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC Lauren Berschler Karl, Esquire Identification No. 88209 Attorneys for Plaintiff 9800B McKnight Road, Suite 230 Pittsburgh, PA 15237 Phone: (412) 837-1164 Fax: (412) 837-2648 CITIZENS BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS v. CUMBERLAND COUNTY PATRICIA HOWARD NO.: 2010-7196 Defendant. MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. STATEMENT OF FACTS On July 9, 2002, Defendant, Patricia Howard, ("Defendant"), executed a Promissory Note (the "Note") in the original principal amount of $28,734.79. See Exhibit "F." The Note was secured by a Mortgage granting a lien against the Property located at 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 (the "Property") which was recorded with the Recorder of Deeds of Cumberland County, Pennsylvania on July 25, 2002. See Exhibit "E." Pursuant to the Note and Mortgage (collectively "Loan Documents"), the defendant agreed to pay principal, interest, late charges, real estate taxes as well as "all other sums advanced under the mortgage to protect the security of this Mortgage." See Exhibits "E" and "F." Subsequent to Defendant's November 2009 default, on November 16, 2010, Citizens Bank of Pennsylvania ("Citizens") filed its Complaint in Mortgage Foreclosure. Thereafter, on July 1, 2011, Citizens filed its Default Judgment in the amount of $22,696.53, with continuing interest at the per diem rate of $3.47 from June 30, 2011. See Exhibit "A." On November 22, 2011, a Writ of Execution was filed with the Court scheduling the Property for Sheriff Sale on March 7, 2012. On 1 March 5, 2012, Defendant filed for protection under Chapter 7 (originally 13 then converted to 7) of the Bankruptcy Code in the Middle District of Pennsylvania. Pursuant to Defendant's Bankruptcy filing, the Sheriff's Sale was ultimately stayed. See Exhibit "B." On or about May 22, 2013, the Bankruptcy was discharged by order of court. See Exhibit "C." As no payments had been made during the Bankruptcy nor to Citizens to cure the delinquency after the bankruptcy discharge, on October 29, 2013, a second Praecipe for Writ of Execution was filed with the Court scheduling the Property for the March 12, 2014, Sheriff's Sale. Due to Defendant being reviewed for a loan modification, the March 12, 2014, Sheriff's Sale was ultimately postponed to July 2, 2014. Then, as Citizens had approved Defendant for a trial loan modification with payments beginning on June 1, 2014, the July 2, 2014, Sheriffs Sale was stayed. See Exhibit "D." However, unfortunately, defendant never tendered any payments to the bank pursuant to the trial modification agreement. Therefore, as neither Citizens (nor her housing counselor) has heard from the Defendant since before June 2014, and the loan is almost five (5) years delinquent, Citizens would like to reschedule the Property for Sheriff's Sale. However, since the entering of judgment over three (3) years ago many additional costs have been expended on this loan, and therefore, the damages as previously assessed are outdated. Thus, the figures need to be adjusted to include the additional interest, late charges, property inspections, bpos/appraisals, Sheriff's Sale expenses and the property taxes which Citizens has paid. Therefore, as the judgment amount needs to be amended nunc pro tuns, this motion is being filed respectfully requesting same. II. LEGAL ARGUMENT 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 2 Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 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. Additionally, amending this judgment will have no detrimental effect on the defendant as it imputes no personal liability (and she has a bankruptcy discharge). While the law is clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party 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. Thus, this is the reason why Citizens needs to have the judgment reassessed. 3 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 the length of time between the filing of the Judgment and present date. Under the terms of the Mortgage, Defendant clearly promised to pay "principal of and interest owing under the Note and all other charges due under the Note." See page 3 of Exhibit "E." The Defendant also clearly agreed to pay "...the debt evidenced by the Note, with interest and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under this Mortgage to protect the security interest of this Mortgage..." See page 2 of Exhibit "E." The Defendant also agreed to pay all taxes when due. See page 3 of Exhibit "E." The Loan Documents also indicate that if payments are late the bank is entitled to collect late charges. See Exhibits "E" and "F." The Loan Documents also indicate that if covenants and agreements are not performed and/or if the loan falls into default and foreclosure is started, the defendants are responsible for the banks fees and costs associated with the foreclosure and protecting its security interest. See Exhibits "E" and "F." Therefore, Citizens is only requesting that it be permitted to enforce the terms of the Mortgage by having the judgment amended to include the additional interest, late charges, taxes paid and the bank's costs associated with property inspections/preservation, bpos/appraisals as well as the costs of scheduling the previous two Sheriff's Sales, all of which have been incurred since July 2011. 4 III. CONCLUSION Plaintiff, Citizens Bank of Pennsylvania, respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Respectfully submitted, THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC BY: COWA ACLS en Bers hler Karl, Esquire Attorneys for Plaintiff, Citizens Bank of Pennsylvania 5 THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC Lauren Berschler Karl, Esquire Identification No. 88209 Attorneys for Plaintiff 9800B McKnight Road, Suite 230 Pittsburgh, PA 15237 Phone: (412) 837-1164 Fax: (412) 837-2648 CITIZENS BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS v. CUMBERLAND COUNTY PATRICIA HOWARD NO.: 2010-7196 Defendant. CERTIFICATION OF SERVICE I, Lauren Berschler Karl, Esquire, hereby certify that a true and correct copy of Plaintiff, Citizens Bank of Pennsylvania's, Motion to Reassess Damages with Supporting Memorandum of Law was sent via first class mail on September 17, 2014, to the following: Patricia Howard 162 E. Louther Street Carlisle, PA 17013 a/k/a 160 E. Louther Street Carlisle, PA 17013 Respectfully submitted, THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC BY: C �-(0-C Lauren Be chler Karl, Esquire Attorney fo Plaintiff THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC Lauren Berschler Karl, Esquire Identification No. 88209 Attorneys for Plaintiff 9800B McKnight Road, Suite 230 Pittsburgh, PA 15237 Phone: (412) 837-1164 Fax: (412) 837-2648 CITIZENS BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS v. CUMBERLAND COUNTY PATRICIA HOWARD NO.: 2010-7196 Defendant. CONCURRENCE On September 10, 2014, a letter was sent to the Defendant enclosing the motion and requesting she contact us within five days to advise as to her agreement or disagreement with the filing of the motion. The letter indicated that if we did not hear from her, it would be presumed she concurs with the Motion. Seven days has since passed since the mailing of the letter and motion, and to date, we have not heard from the defendant. Thus, it is presumed she concurs with the Motion. JUDGE ASSIGNMENT There have been no previous motions decided in this matter. Respectfully Submitted, THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. A ate 1 auren Be schler Karl, Esquire Attorneys for Plaintiff By: 1 CITIZENS BANK OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICIA HOWARD, DEFENDANT : NO. 10-7196 CIVIL ORDER OF COURT AND NOW, this 23rd day of September, 2014, upon consideration of Citizens Bank of Pennsylvania's Motion to Reassess Damages; IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule shall issue upon the Defendant to show cause why Plaintiff is not entitled to the relief requested; 2. Patricia Howard shall file an Answer to the Petition on or before October 20, 2014; 3. The Petition shall be decided under Pa.R.C.P. Rule 206.7; 4. If no answer to the Rule to show cause is filed by the required date, the relief requested by the Plaintiff shall be granted upon the Court's receipt of a Motion requesting that the Rule be made absolute. If the Defendant files an Answer which raises disputed issues of material fact, the Court will determine if further Order or hearing is necessary; 5. The Prothonotary is directed to forward the Defendant's Answer to this Court; 6. Notice of entry of this Order shall be provided Citizens Bank of Pennsylvania to all parties. i.Lauren Berschler Karl, Esquire Attorney for Plaintiff • l'atricia Howard Defendant bas 01.4.0- P1 cila2/11( THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC a '� ©tF' -., Lauren Berschler Karl, Esquire 2/j E ri'a_ Identification No. 88209 Attorneys for Plain f -6- f.- 9800B McKnight Road, Suite 230 C Ut,. r Pittsburgh, PA 15237 PEf�( Cot, Phone: (412) 837-1164 ` Fax: (412) 837-2648 7: /:./,'4,1'}` CITIZENS BANK OF PENNSYLVANIA . Plaintiff, COURT OF COMMON PLEAS v. CUMBERLAND COUNTY PATRICIA HOWARD NO.: 2010-7196 Defendant. CERTIFICATION OF SERVICE I, Lauren Berschler Karl, Esquire, do hereby certify that a true and correct copy of the Court's Order of September 23, 2014 Rule to Show Cause as why Plaintiff's Motion to Reassess Damages should not be granted was duly served by United States first class mail, postage prepaid on September 25, 2014, upon the following: Patricia Howard 162 E. Louther Street Carlisle, PA 17013 a/k/a 160 E. Louther Street Carlisle, PA 17013 Respectfully Submitted, THE LAW OFFICES OF L ' UREN BERSCHLER KAR ren Bers¢hler Karl, Esquire Attorney for Plaintiff , LLC THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC Lauren Berschler Karl, Esquire f..) Identification No. 88209 Attorneys for Plaintiff 9800B McKnight Road, Suite 230 Pittsburgh, PA 15237 ,, Phone: (412) 837-1164 Fax: (412) 837-2648 CITIZENS BANK OF PENNSYLVANIA Plaintiff, v. c COURT OF COMMON PLEAS f` CUMBERLAND COUNTY PATRICIA HOWARD NO.: 2010-7196 Defendant. MOTION TO MAKE RULE ABSOLUTE Plaintiff, Citizens Bank of Pennsylvania, by and through its attorneys, The Law Offices of Lauren Berschler Karl, LLC, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. Citizens Bank of Pennsylvania is the Plaintiff in this foreclosure matter. 2. A Motion to Reassess Damages was filed with the Court on September 18, 2014. 3. On September 23, 2014, the Court entered an Order directing the Defendant, on or before October 20, 2014, to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Order is attached hereto as Exhibit "A." 4. That Order also set forth that should no response be filed on or before October 20, 2014, Citizens could file a Motion to Make Rule Absolute. See Exhibit "A." 5. On September 25, 2014, the same date our office received the Order, a copy of the Order along with a time -stamped copy of the Motion to Reassess Damages was served upon the defendant. A true and correct copy of the cover letter with the certificate of mailing as well as the Affidavit of Service which was filed with the Court on October 2, 2014, are attached hereto as Exhibits "B" and "C", respectively. 3 6. To date, Defendant has failed to respond or otherwise plead to the Motion. 7. Thus, the Rule Returnable date of October 20, 2014 has now passed. 8. Therefore, pursuant to the September 23, 2014, Order, as Defendant has failed to respond to the Motion to Reassess Damages, this Motion to Make Rule Absolute is being filed. WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, respectfully requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's for Leave to Reassess Damages. Respectfully submitted, THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. BY: 4 (MI 01\01aS auren •B schler Karl, Esquire Attorney f r Plaintiff EXHIBIT "A" CITIZENS BANK OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICIA HOWARD, DEFENDANT : NO. 10-7196 CIVIL ORDER OF COURT AND NOW, this 23rd day of September, 2014, upon consideration of Citizens Bank of Pennsylvania's Motion to Reassess Damages; IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule shall issue upon the Defendant to show cause why Plaintiff is not entitled to the relief requested; 2. Patricia Howard shall file an Answer to the Petition on or before October 20, 2014; 3. The Petition shall be decided under Pa.R.C.P. Rule 206.7; 4. If no answer to the Rule to show cause is filed by the required date, the relief requested by the Plaintiff shall be granted upon the Court's receipt of a Motion requesting that the Rule be made absolute. If the Defendant files an Answer which raises disputed issues of material fact, the Court will determine if further Order or hearing is necessary; 5. The Prothonotary is directed to forward the Defendant's Answer to this Court; c-) Zrri r --- 6. Notice of entry of this Order shall be provided Citizens Bank of Pennsylvania to all parties. Lauren Berschler Karl, Esquire Attorney for Plaintiff Patricia Howard Defendant bas By the Court, EXHIBIT "B" lbkarl@lbkarllaw.com THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC 980013 McKnight Road, Suite 230 Pittsburgh, PA 15237 (412) 837-1164 Fax: (412) 837-2648 Licensed in PA and NJ September 25, 2014 Patricia Howard 162 E. Louther Street Carlisle, PA 17013 a/k/a 160 E. Louther Street Carlisle, PA 17013 Re: Citizens Bank of Pennsylvania v. Patricia Howard CCP Cumberland County, Docket No. 2010-7196 Rule Returnable Date: October 20, 2014 Motion to Reassess Damages Dear Ms. Howard: As you are aware, this firm represents Citizens Bank of Pennsylvania ("Citizens") with respect to the above -referenced matter. Enclosed please find: The time -stamped copy of Citizens' Motion to Reassess Damages which was filed with the Court on September 18, 2014; and 2. A copy of the Court's Order dated September 23, 2014, which sets forth a rule returnable date (response date) of October 20, 2014. If you have any questions or wish to discuss this matter, please contact me. Please be guided accordingly. cerely, a\iren e c er karl LBK/jes Enclosures UNITEDS ATES POSTd RL RVICE® Certificate Of Mailin To pay tee. efta stamps or meter postage here. This CrNmcete a Mating provides evidence ttlet mall des been presented to uses® for mailing. This form maybe used for domestic end imematprgl mai. - From: 9800Rpr rhla 1 1 1 r+ B McKni.ht ..�._ urghr PA 15237 PS Form 3817. April 2007 PSN 7530-02-000-9065 EXHIBIT "C" C) 3 u3 THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC • Lauren Berschler Karl, Esquire Identification No. 88209 Attorneys for Plaintiffs 9800B McKnight Road, Suite 230 ;5 Pittsburgh, PA 15237 -' Phone: (412) 837-1164 Fax: (412) 837-2648 CITIZENS BANK OF PENNSYLVANIA . Plaintiff, COURT OF COMMON PLEAS v. CUMBERLAND COUNTY PATRICIA HOWARD NO.: 2010-7196 Defendant. r r rte c� CD CD C1 CERTIFICATION OF SERVICE I, Lauren Berschler Karl, Esquire, do hereby certify that a true and correct copy of the Court's Order of September 23, 2014 Rule to Show Cause as why Plaintiffs Motion to Reassess Damages should not be granted was duly served by United States first class mail, postage prepaid on September 25, 2014, upon the following: Patricia Howard 162 E. Louther Street Carlisle, PA 17013 a/k/a 160 E. Louther Street Carlisle, PA 17013 Respectfully Submitted, THE LAW OFFICES OF L UREN B . RSCHLER I • ' , . LLC ren Bers hler Karl, Esquire Attorney for "laintiff THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC Lauren Berschler Karl, Esquire Identification No. 88209 9800B McKnight Road, Suite 230 Pittsburgh, PA 15237 Phone: (412) 837-1164 Fax: (412) 837-2648 CITIZENS BANK OF PENNSYLVANIA Plaintiff, v. PATRICIA HOWARD Defendant. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2010-7196 PLAINTIFF, CITIZENS BANK OF PENNSYLVANIA'S, BRIEF IN SUPPORT OF ITS MOTION TO MAKE RULE ABSOLUTE I. PRELIMINARY STATEMENT: On July 9, 2002, Defendant, Patricia Howard, ("Defendant"), executed a Promissory Note (the "Note"), in the original principal amount of $28,734.79. The Note was secured by a Mortgage granting a lien against the Property located at 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 (the "Property") which was recorded with the Recorder of Deeds of Cumberland County, Pennsylvania on July 25, 2002. Pursuant to the Note and Mortgage (collectively "Loan Documents"), Defendant agreed to pay principal, interest, late charges, real estate taxes as well as "all other sums advanced under the mortgage to protect the security of this Mortgage." Subsequent to Defendant's November 2009 default, on November 16, 2010, Citizens Bank of Pennsylvania ("Citizens") filed its Complaint in Mortgage Foreclosure. Thereafter, on July 1, 2011, Citizens filed its Default Judgment in the amount of $22,696.53, with continuing interest at the per diem rate of $3.47 from June 30, 2011. On November 22, 2011, a Writ of Execution was filed with the Court scheduling the Property for Sheriff Sale on March 7, 2012. On March 5, 2012, Defendant filed for protection under Chapter 7 (originally 13 then converted to 7) of the Bankruptcy Code in the Middle District of Pennsylvania. Pursuant to Defendant's Bankruptcy filing, the Sheriff's Sale was ultimately stayed. On or about May 22, 2013, the Bankruptcy was discharged by order of court. As no payments had been made during the Bankruptcy or to Citizens to cure the delinquency after the bankruptcy discharge, on October 29, 2013, a second Praecipe for Writ of Execution was filed with the Court scheduling the Property for the March 12, 2014, Sheriff's Sale. Due to Defendant being reviewed for a loan modification, the March 12, 2014, Sheriffs Sale was ultimately postponed to July 2, 2014. Then, as Citizens had approved Defendant for a trial loan modification with payments beginning on June 1, 2014, the July 2, 2014, Sheriff's Sale was stayed. However, unfortunately, defendant never tendered any payments to the bank pursuant to the trial modification agreement. Therefore, as neither Citizens (nor her housing counselor) has heard from the Defendant since before June 2014, and the loan is almost five (5) years delinquent, Citizens would like to reschedule the Property for Sheriff's Sale. However, since the entering of judgment over three (3) years ago, many additional costs have been expended on this loan including the payment of delinquent taxes, and therefore, the damages as previously assessed are outdated. Thus, the figures need to be adjusted to include the additional interest, late charges, property inspections, bpos/appraisals, Sheriff's Sale expenses and the property taxes which Citizens has paid. Accordingly, in order to ensure Citizens is adequately protected when the property is rescheduled for Sheriff s Sale, Citizens filed a Motion to Reassess Damages with the Court. 2 II. LEGAL ARGUMENT On September 18, 2014, a Motion to Reassess Damages was filed with the Court. On September 23, 2014, the Court issued an Order providing Defendant until October 20, 2014, to show why Citizens was not entitled to the relief requested. (See Exhibit "A"). On September 25, 2014, both the time -stamped motion as well as the September 23, 2014, Court Order was served upon the Defendant. (See Exhibits "B" and "C"). To date, there has been no response to the Order. Thus, the Rule returnable date of October 20, 2014, has passed and therefore, pursuant to the September 23, 2014, Order, Citizens is now permitted to request that this Honorable Court make the Rule Absolute. III. CONCLUSION WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, hereby respectfully requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Respectfully submitted, THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. BY: 3 SQA i(ik.1)J ii( Lauren erschler Karl, Esquire Attorney for Plaintiff VERIFICATION I, Lauren Berschler Karl, Esquire, hereby states 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 Make Rule Absolute are true and correct to the best of my information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. \ \AV.‘Date u en Bers. hler Karl, Esquire Attorney for Plaintiff THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC Lauren Berschler Karl, Esquire Identification No. 88209 9800B McKnight Road, Suite 230 Pittsburgh, PA 15237 Phone: (412) 837-1164 Fax: (412) 837-2648 CITIZENS BANK OF PENNSYLVANIA Plaintiff, v. PATRICIA HOWARD Defendant. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2010-7196 CERTIFICATE OF SERVICE I, Lauren Berschler Karl, Esquire, hereby certify that on October 22, 2014, a true and correct copy of Plaintiff, Citizens Bank of Pennsylvania's, Motion to Make Rule Absolute was served by regular first class mail, postage pre -paid, upon the following: Patricia Howard 162 E. Louther Street Carlisle, PA 17013 a/k/a 160 E. Louther Street Carlisle, PA 17013 BY: Lauren Be schler Karl, Esquire Attorney f Plaintiff THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC Lauren Berschler Karl, Esquire Identification No. 88209 Attorneys for Plaintiff 9800B McKnight Road, Suite 230 Pittsburgh, PA 15237 Phone: (412) 837-1164 Fax: (412) 837-2648 CITIZENS BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS v. CUMBERLAND COUNTY PATRICIA HOWARD NO.: 2010-7196 Defendant. CONCURRENCE/UNCONTESTED On September 25, 2014, a copy of the Court's Order dated September 23, 2014, setting forth a Rule Returnable Date of October 20, 2014, was mailed to the defendant. To date, no response has been received. JUDGE ASSIGNMENT The Honorable M. L. Ebert, Jr., entered the Order of Court in this matter on September 23, 2014. Respectfully Submitted, THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. By: 'Lauren erschler Karl, Esquire Attorneys for Plaintiff THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC Lauren Berschler Karl, Esquire Identification No. 88209 9800B McKnight Road, Suite 230 Pittsburgh, PA 15237 Phone: (412) 837-1164 Fax: (412) 837-2648 CITIZENS BANK OF PENNSYLVANIA Plaintiff, v. PATRICIA HOWARD Defendant. Attorneys for Plai COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2010-7196 ORDER Bch AND NOW, this 4. L1 day of 0 C ly , 2014, upon consideration of Plaintiff, Citizens Bank of Pennsylvania'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. IT IS FURTHER ORDERED that the Prothonotary is hereby directed to amend the In Rem Judgment nunc pro tunc in this case to reflect the amended judgment amount of $39,994.72, plus continuing interest at the per diem rate of $3.47, from August 27, 2014, and any and all additional attorneys' fees and costs and any other costs and charges collectible under the mortgage and for the foreclosure and sale of the Property. BY THE COURT: cop,. paiLL 91 L.. 16k_ i=c-t3w2k AcpcVly 2 THE LAW OFFICES OF LAUREN BERSCHLER Lauren Berschler Karl, Esquire Identification No. 88209 9800B McKnight Road, Suite 230 Pittsburgh, PA 15237 Phone: (412) 837-1164 Fax: (412) 837-2648 CITIZENS BANK OF PENNSYLVANIA Plaintiff, v. PATRICIA HOWARD Defendant. KARL, LLC Attorneys for Plaintiff -t- m z COURT OF COMMON PISS CUMBERLAND COUNTc-) cD NO.: 2010-7196 • -t PRAECIPE TO ENTER JUDGMENT UPON COURT ORDER TO THE PROTHONOTARY: Kindly reduce the Order dated October 24, 2014, to amend the Judgment in Mortgage Foreclosure, nunc pro tunc, in favor of the Plaintiff, Citizens Bank of Pennsylvania and against Defendant, Patricia Howard, in the amount of $39,994.72, plus continuing interest at the per diem rate of $3.47, from August 27, 2014, and any and all additional attorneys' fees and costs and ant other costs and charges collectible under the mortgage and for the foreclosure and sale of the property. (A true and correct copy of the Court's Order is attached hereto as Exhibit "A"). Thank you. Respectfully submitted, THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC BY: Date: November 25, 2014 CkUl D1(0-et,d auren Bersc ler Karl, Esquire Attorneys fo laintiff, Citizens Bank of Pennsylvania J3f4D/a il-o4Fi ce mai I THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. Lauren Berschler Karl, Esquire Attorney ID No. 88209 9800B McKnight Road, Suite 230 Pittsburgh, PA 15237 412-837-1164 Fax: 412-837-2648 CITIZENS BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY v. NO.: 2010-7196 PATRICIA HOWARD Defendant. CERTIFICATE OF SERVICE I, Lauren Berschler Karl, Esquire, hereby certify that a true and correct copy of a Praecipe to Enter Judgment Upon Court Order, was served by United States first class mail, postage prepaid on November 25, 2014, upon the following: Patricia Howard 162 E. Louther Street Carlisle, PA 17013 a/k/a 160 E. Louther Street Carlisle, PA 17013 THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. BY: a11-tA (dikLkl aliren Bers ler Karl, Esquire Attorney for laintiff ,s- TH if, LAW OFt ICES OF LAUREN BERSC HIER KARL, LLC Lauren Berschler Karl, Esquire Identification No. 88209 9800B McKnight Road, Suite 230 Pittsburgh, PA 15237 Phone: (412) 837-1164 Fax: (412) 837-2648 CITIZENS BANK OF PENNSYLVANIA Plaintiff, v. PATRICIA HOWARD Defendant. Attorneys for Plaintiff rn co =r1 =.2c) cn r-= <c) COURT OF COMMON P1 CUMBERLAND COUNTP g NO.: 2010-7196 --4 N) C.71 ORDER AND NOW, this „?tri(..._ day of A-4— , 2014, upon consideration of Plaintiff, Citizens Bank of Pennsylvania'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. IT IS FURTHER ORDERED that the Prothonotary is hereby directed to amend the In Rem Judgment nunc pro tunc in this case to reflect the amended judgment amount of $39,994.72, plus continuing interest at the per diem rate of $3.47, from August 27, 2014, and any and all additional attorneys' fees and costs and any other costs and charges collectible under the mortgage and for the foreclosure and sale of the Property. BY THE COURT: 2 PROTHONOTARY COURT OF COMMON PLEAS — CUMBERLAND COUNTY CARLISLE, PA DAVID D. BUELL PROTHONOTARY To: Patricia Howard 162 E. Louther Street Carlisle, PA 17013 a/k/a 160 E. Louther Street Carlisle, PA 17013 CITIZENS BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY v. NO.: 2010-7196 PATRICIA HOWARD Defendant. NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. DAVID D. BUELL PROTHONOTARY Judgment by Default Money Judgment Judgment in Replevin t Judgment for Possession " �j// Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings X Judgment Upon Court Order ($39,994.72) IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LAUREN BERSCHLER KARL at this telephone number: (412) 837-1164. r -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION CITIZENS BANK OF PENNSYLVANIA ❑ Confession Judgment Plaintiff, v. PATRICIA HOWARD Defendant. • Other — MORTGAGE FORECLOSURE File No. 2010-7196 Civil Tenn Amount Due: $39,994.72, plus Interest: $659.30 from 08/27/14-03/04/15 -- ($3.47/day), plus Atty's Comm: $0.00, plus Costs: to be added TO THE PROTHONOTARY OF CUMBERLAND COUNTY: c�a The undersigned hereby certifies that the below does not arise out of a retail installment sate, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) 162 E. Louther Street Carlisle, PA 17013 a/k/a- 160 E. Louther Street Carlisle, PA 17013 as more fully described in Exhibit "A" attached hereto. Date: 1 tl201 I �{ S(OA goa.sp cs.Nc 3Z* << 'Jl ,^ fl0 r tt 99 001 C t lyl. Qc-/ 0?D 08- 56 " ye It et If /1 'r 3Q 9 Signature: Print Name: Address: akuut (1;10 Lauren Bersthler Karl, Esquire 9800B McKnight Road, Suite 230 Pittsburgh, PA 15237 Attorney for: Plaintiff Telephone: 412-837-1164 Supreme Court ID No.: 88209 Jla.as� bit a\Zo 21 31u 1 ao Plautsoct ALL THAT CERTAIN parcel of land, together with the improvements erected thereon, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, BEGINNING at a point on the southern line of East Louther Street at corner of lands now or late of Elmer G. Shultz and Mary A. Shultz, his wife, said point being one hundred twenty-four (124) feet, more or less, measured westwardly along the southern line of East Louther Street from the southwest corner of East Louther Street and North East Street; thence in a westerly direction, along the southern line of East Louther Street, twenty (20) feet five (5) inches, more or less, to a point on the eastern line of a two and one-half (2 1/2) feet wide private passageway used in common by properties Nos. 158 and 160 East Louther Street, said point being also on the line coinciding with the center line of the partition wall on the second floor level between the two and one-half (2 1/2) story dwellings known as Nos. 158 and 160 East Louther Street; thence in a southerly direction along said line twenty-four (24) feet five (5) inches to a point at the southwest corner of the two and one-half (2 1/2) story brick dwelling, known as No. 160 East Louther Street; thence in a southerly direction two (2) feet eight (8) inches to a point in the center of the fence line between said properties Nos. 158 and 160 East Louther Street; thence in a southerly direction along said fence line ninety-eight (98) feet three (3) inches, more or less, to a point on a fifteen (15) feet wide private alley; thence in an easterly direction along the northern line of said private alley twenty-one (21) feet eight (8) inches to a point; thence in a northerly direction along a line parallel with North East Street and along other lands now or formerly of Robert L. Myers, Jr. and Evelyn M. Myers and lands now or formerly of Elmer G. Shultz and Mary A. Shultz, his wife, one hundred twenty-five (125) feet to East Louther Street, the point or place of BEGINNING. HAVING THEREON ERECTED a two and one-half story brick, slate roof dwelling, known as No. 160 East Louther Street, Carlisle, Pennsylvania, said property being also sometimes designated as No. 162 East Louther Street. TOGETHER with the right to use the above mentioned fifteen (15) wide private alleyway bounding the above described properties on the South for purposes of ingress, egress and regress to and from the above described property; and together with the right to use the two and one-half (2 1/2) feet wide private alley or passageway between said properties Nos. 158 and 160 East Louther Street located and lying upon said property No. 158 East Louther Street and extending from East Louther Street southerly along the dividing line between said properties a distance of twenty-six (26) feet nine (9) inches for the purpose of ingress, egress and regress to and from said property herein conveyed in common with the owners and occupiers of said property No. 158 East Louther Street abutting on the West. THE GRANTOR grants unto the grantees herein all of the rights reserved unto herself, her heirs and assigns, to the western most five (5) feet of the lot, now or late of Elmer G. Shultz and Mary A. Shultz, his wife, abutting on the hereinbefore described property on the East and extending from Louther Street on the North to a private driveway on the South, at a width of five (5) feet, for light, air, overhang of eaves, gutters, windows and the right of passage to and from said alley and for the use in painting, repairing and improving said property hereinbefore described, provided, however, that said portion of said lot abutting on the East shall not at any time be built upon, as set forth in the deed of Robert L. Myers, Jr. and Evelyn M. Myers, his wife, to Elmer G. Shultz and Mary A. Shultz, his wife, dated 1946, and recorded in the Office aforesaid in Deed Book 13, Volume "D", Page 17. BEING the same property that Patricia A. Howard and David G. Howard, by Deed dated June 20, 2002, and recorded on June 20, 2002 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 252, page 1331, granted and conveyed unto Patricia A. Howard. BEING COMMONLY KNOWN AS: 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 PARCEL NO. 02-21-0318-287 EXHIBIT "A" THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC Lauren Berschler Karl, Esquire Identification No. 88209 Attorneys for Plaintiff 9800B McKnight Road, Suite 230 Pittsburgh, PA 15237 Phone: (412) 837-1164 Fax: (412) 837-2648 CITIZENS BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS v. CUMBERLAND COUNTY PATRICIA HOWARD NO.: 2010-7196 Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 rn 77 - LAUREN - LAUREN BERSCHLER KARL, ESQUIRE, attorney for Plaintiff in the above action, sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013, as more fully described in the metes and bounds description attached hereto, and made a part hereof, and identified as Exhibit "A": 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Patricia Howard 162 E. Louther Street Carlisle, PA 17013 a/k/a 160 E. Louther Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Patricia Howard Address (if address cannot be reasonably ascertained, please so indicate) 162 E. Louther Street Carlisle, PA 17013 a/k/a 160 E. Louther Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) Citizens Bank of Pennsylvania 10561 Telegraph Road Glen Allen, VA 23059 Discover Bank, Issuer of P.O. Box 6011 Discover Card by Its Agent Dover, DE 19903-6011 Discover Financial Services, LLC and do Edward Stock, Esquire Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Discover Bank JMMMPC Co., Assignee for Chase Manhattan Bank 6500 New Albany Road New Albany, OH 43054 and do William T. Molzcan, Esquire and/or James C. Warmbrodt, Esquire Weltman, Weinberg & Reis Co., LPA 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 P.O. Box 832 221 E. Market St. Clearfield, PA 16830 And c/o Joseph Colavecchi, Esquire Colavecchi & Colavecchi P.O. Box 131 221 East Market Street Clearfield, PA 16830 LVNV Funding, LLC LVNV Funding, LLC, Assignee of GE Capital/Wal-Mart do David J. Apothaker, Esquire Apothaker & Associates, P.C. 2417 Welsh Rd., Suite 21 #520 Philadelphia, PA 19114 and do David J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Rd. C306 Mt. Laurel, NJ 08054 15 South Main Street Greenville, SC 29601 And c/o David R. Galloway, Esquire 4660 Trindle Road, Ste. 300 Camp Hill, PA 17011 4. Name and last known address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) Citizens Bank of Pennsylvania 1735 Market Street Philadelphia, PA 19103 5. Name and address of every other person who has any record lien on the property: Name None. Address (if address cannot be reasonably ascertained, please so indicate) 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 PA Dept. of Public Welfare - Bureau of Child Support Address (if address cannot be reasonably ascertained, please so indicate) Health & Welfare Building P.O. Box 2675 Harrisburg, PA 17105 Domestic Relations Section 13 North Hanover Street of Cumberland County Carlisle, PA 17013 7. Name and address of every person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name None. Address (if address cannot be reasonably ascertained, please so indicate) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. Sworn to and Subscribed before me this 20 . day of Ai p it - b -e r- , 2014. 4A44 :. N`taryPwic COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JENNIFER E SCOTT Notary Public MCCANDLESS TWP, ALLEGHENY CNTY My Commission Expires Oct 15, 2017 ALL THAT CERTAIN parcel of land, together with the improvements erected thereon, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, BEGINNING at a point on the southern line of East Louther Street at corner of lands now or late of Elmer G. Shultz and Mary A. Shultz, his wife, said point being one hundred twenty-four (124) feet, more or less, measured westwardly along the southern line of East Louther Street from the southwest corner of East Louther Street and North East Street; thence in a westerly direction, along the southern line of East Louther Street, twenty (20) feet five (5) inches, more or less, to a point on the eastern line of a two and one-half (2 1/2) feet wide private passageway used in common by properties Nos. 158 and 160 East Louther Street, said point being also on the line coinciding with the center line of the partition wall on the second floor level between the two and one-half (2 1/2) story dwellings known as Nos. 158 and 160 East Louther Street; thence in a southerly direction along said line twenty-four (24) feet five (5) inches to a point at the southwest corner of the two and one-half (2 1/2) story brick dwelling, known as No. 160 East Louther Street; thence in a southerly direction two (2) feet eight (8) inches to a point in the center of the fence line between said properties Nos. 158 and 160 East Louther Street; thence in a southerly direction along said fence line ninety-eight (98) feet three (3) inches, more or less, to a point on a fifteen (15) feet wide private alley; thence in an easterly direction along the northern line of said private alley twenty-one (21) feet eight (8) inches to a point; thence in a northerly direction along a line parallel with North East Street and along other lands now or formerly of Robert L. Myers, Jr. and Evelyn M. Myers and lands now or formerly of Elmer G. Shultz and Mary A. Shultz, his wife, one hundred twenty-five (125) feet to East Louther Street, the point or place of BEGINNING. HAVING THEREON ERECTED a two and one-half story brick, slate roof dwelling, known as No. 160 East Louther Street, Carlisle, Pennsylvania, said property being also sometimes designated as No. 162 East Louther Street. TOGETHER with the right to use the above mentioned fifteen (15) wide private alleyway bounding the above described properties on the South for purposes of ingress, egress and regress to and from the above described property; and together with the right to use the two and one-half (2 1/2) feet wide private alley or passageway between said properties Nos. 158 and 160 East Louther Street located and lying upon said property No. 158 East Louther Street and extending from East Louther Street southerly along the dividing line between said properties a distance of twenty-six (26) feet nine (9) inches for the purpose of ingress, egress and regress to and from said property herein conveyed in common with the owners and occupiers of said property No. 158 East Louther Street abutting on the West. THE GRANTOR grants unto the grantees herein all of the rights reserved unto herself, her heirs and assigns, to the western most five (5) feet of the lot, now or late of Elmer G. Shultz and Mary A. Shultz, his wife, abutting on the hereinbefore described property on the East and extending from Louther Street on the North to a private driveway on the South, at a width of five (5) feet, for light, air, overhang of eaves, gutters, windows and the right of passage to and from said alley and for the use in painting, repairing and improving said property hereinbefore described, provided, however, that said portion of said lot abutting on the East shall not at any time be built upon, as set forth in the deed of Robert L. Myers, Jr. and Evelyn M. Myers, his wife, to Elmer G. Shultz and Mary A. Shultz, his wife, dated 1946, and recorded in the Office aforesaid in Deed Book 13, Volume "D", Page 17. BEING the same property that Patricia A. Howard and David G. Howard, by Deed dated June 20, 2002, and recorded on June 20, 2002 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 252, page 1331, granted and conveyed unto Patricia A. Howard. BEING COMMONLY KNOWN AS: 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 PARCEL NO. 02-21-0318-287 EXHIBTT "A" THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC Lauren Berschler Karl, Esquire Identification No. 88209 9800B McKnight Road, Suite 230 Pittsburgh, PA 15237 Phone: (412) 837-1164 Fax: (412) 837-2648 Attorneys for Plaintiff CITIZENS BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS v. CUMBERLAND COUNTY PATRICIA HOWARD Defendant. NO.: 2010-7196 NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE TO THE DEFENDANT: DATE OF SALE: PROPERTY TO BE SOLD: PLACE OF SALE: PATRICIA HOWARD MARCH 4, 2015 AT 10:00 A.M. t C.; 162 E. LOUTHER STREET, CARLISLE, PA 17013 A/K/A 160 E. LOUTHER STREET, CARLISLE, PA 17013 CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013 To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to Citizens Bank of Pennsylvania the sum of $39,994.72, plus interest and costs. To find out how much you must pay, you may call Lauren Berschler Karl, Esquire at (412) 837-1164. 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 and 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 by calling Lauren Berschler Karl, Esquire at (412) 837-1164. 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 occurred, you may call Lauren Berschler Karl, Esquire at (412) 837-1164. 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 a 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 real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on a date specified by sheriff not later than thirty (30) days following the sale. 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 schedule of distribution. 7. You may also have other rights and defenses or ways of getting your property 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 32 South Bedford Street Carlisle, PA 17013 717-249-3166 ALL THAT CERTAIN parcel of land, together with the improvements erected thereon, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, BEGINNING at a point on the southern line of East Louther Street at corner of lands now or late of Elmer G. Shultz and Mary A. Shultz, his wife, said point being one hundred twenty-four (124) feet, more or less, measured westwardly along the southern line of East Louther Street from the southwest corner of East Louther Street and North East Street; thence in a westerly direction, along the southern line of East Louther Street, twenty (20) feet five (5) inches, more or less, to a point on the eastern line of a two and one-half (2 1/2) feet wide private passageway used in common by properties Nos. 158 and 160 East Louther Street, said point being also on the line coinciding with the center line of the partition wall on the second floor level between the two and one-half (2 1/2) story dwellings known as Nos. 158 and 160 East Louther Street; thence in a southerly direction along said line twenty-four (24) feet five (5) inches to a point at the southwest corner of the two and one-half (2 1/2) story brick dwelling, known as No. 160 East Louther Street; thence in a southerly direction two (2) feet eight. (8) inches to a point in the center of the fence line between said properties Nos. 158 and 160 East Louther Street; thence in a southerly direction along said fence line ninety-eight (98) feet three (3) inches, more or less, to a point on a fifteen (15) feet wide private alley; thence in an easterly direction along the northern line of said private alley twenty-one (21) feet eight (8) inches to a point; thence in a northerly direction along a line parallel with North East Street and along other lands now or formerly of Robert L. Myers, Jr. and Evelyn M. Myers and lands now or formerly of Elmer G. Shultz and Mary A. Shultz, his wife, one hundred twenty-five (125) feet to East Louther Street, the point or place of BEGINNING. HAVING THEREON ERECTED a two and one-half story brick, slate roof dwelling, known as No. 160 East Louther Street, Carlisle, Pennsylvania, said property being also sometimes designated as No. 162 East Louther Street. TOGETHER with the right to use the above mentioned fifteen (15) wide private alleyway bounding the above described properties on the South for purposes of ingress, egress and regress to and from the above described property; and together with the right to use the two and one-half (2 1/2) feet wide private alley or passageway between said properties Nos. 158 and 160 East Louther Street located and lying upon said property No. 158 East Louther Street and extending from East Louther Street southerly along the dividing line between said properties a distance of twenty-six (26) feet nine (9) inches for the purpose of ingress, egress and regress to and from said property herein conveyed in common with the owners and occupiers of said property No. 158 East Louther Street abutting on the West. THE GRANTOR grants unto the grantees herein all of the rights reserved unto herself, her heirs and assigns, to the western most five (5) feet of the lot, now or late of Elmer G. Shultz and Mary A. Shultz, his wife, abutting on the hereinbefore described property on the East and extending from Louther Street on the North to a private driveway on the South, at a width of five (5) feet, for light, air, overhang of eaves, gutters, windows and the right of passage to and from said alley and for the use in painting, repairing and improving said property hereinbefore described, provided, however, that said portion of said lot abutting on the East shall not at any time be built upon, as set forth in the deed of Robert L. Myers, Jr. and Evelyn M. Myers, his wife, to Elmer G. Shultz and Mary A. Shultz, his wife, dated 1946, and recorded in the Office aforesaid in Deed Book 13, Volume "D", Page 17. BEING the same property that Patricia A. Howard and David G. Howard, by Deed dated June 20, 2002, and recorded on June 20, 2002 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 252, page 1331, granted and conveyed unto Patricia A. Howard. BEING COMMONLY KNOWN AS: 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 PARCEL NO. 02-21-0318-287 EXHIBIT "A" THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net CITIZENS BANK OF PENNSYLVANIA Vs. PATRICIA HOWARD WRIT OF EXECUTION NO 2010-7196 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $39,994.72 L.L.: Interest $659.30 FROM 8/27/14-3/4/15 ($3.47/DAY), PLUS Atty's Comm: Due Prothy: $2.25 Atty Paid: $3,629.60 Plaintiff Paid: Date: 12/3/14 .(Seal) Other Costs: David D. Buell, Prothonotary Depu REQUESTING PARTY: Name: LAUREN BERSCHLER KARL, ESQUIRE Address: THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC 9800B MCKNIGHT ROAD, SUITE 230 PITTSBURGH, PA 15237 Attorney for: PLAINTIFF Telephone: 412-837-1164 Supreme Court ID No. 88209 THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC Lauren Berschler Karl, Esquire Identification No. 88209 Attorneys for Plaintiffs 3 9800B McKnight Road, Suite 230 Pittsburgh, PA 15237 `' .„ Phone: (412) 837-1164 t Fax: (412) 837-2648 CITIZENS BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY v. NO.: 2010-7196 PATRICIA HOWARD Defendant. AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 I, Lauren Berschler Karl, Esquire, having been duly sworn, hereby certify that: 1. The written notice to Defendant required under Pa. R.C.P. 3129.2 was served by first class certified United States Mail return receipt requested and by first class United States mail on December 16, 2014 upon Defendant, Patricia Howard, at 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013. Proofs of mailing are attached hereto and labeled as Exhibit "A." 2. The written notice to Defendant required under Pa. R.C.P. 3129.2 was served upon Defendant, Patricia Howard, on December 18, 2014 at 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013, by certified mail. The original signed return receipt card and the USPS Confirmation page are attached hereto and collectively labeled as Exhibit "B." 3. The written notice to all persons named in Plaintiffs 3129.1 Affidavit other than the Defendant required under Pa. R.C.P. 3129.2 was served by first class United States mail on January 6, 2015, upon the following: Discover Bank, Issuer of Discover Card, by Its Agent Discover Financial Services, LLC P.O. Box 6011 Dover, DE 19903-6011 and c/o Edward Stock, Esquire Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Discover Bank 6500 New Albany Road New Albany, OH 43054 and c/o James C. Warmbrodt, Esquire Weltman, Weinberg & Reis Co., LPA 1400 Koppers Bldg., 436 Seventh Avenue Pittsburgh, PA 15219 JMMMPC Co., Assignee for Chase Manhattan Bank P.O. Box 832 221 E. Market St. Clearfield, PA 16830 and c/o Joseph Colavecchi, Esquire Colavecchi & Colavecchi P.O. Box 131 221 E. Market St. Clearfield, PA 16830 LVNV Funding, LLC do David J. Apothaker, Esquire Apothaker & Associates, P.C. 2417 Welsh Rd., Suite 21 #520 Philadelphia, PA 19114 and do David J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Rd. C306 Mt. Laurel, NJ 08054 LVNV Funding, LLC, Assignee of GE Capital/Wal-Mart 15 South Main Street Greenville, SC 29601 and do David R. Galloway, Esquire 4660 Trindle Rd., Ste. 300 Camp Hill, PA 17011 PA Dept. of Public Welfare - Bureau of Child Support Health & Welfare Building P.O. Box 2675 Harrisburg, PA 17105 Domestic Relations Section of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Proofs of mailing are attached hereto and labeled as Exhibit "C." Respectfully Submitted, THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. BY: c ru' UUtLA Lauren BVrschler Karl, Esquire Attorneys Ifor Plaintiff EXHIBIT "A" ELS. Postal Service,. CERTIFIED MAIL,. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com0.0 a t4, Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees omA 3 • 0 DEC 16 re A te, ZI 4 PS Form 3800, August 2006 See Reverse for Instructions UNITEDSTATES % POSTAL SERVICE@ Certificate Of Mailing soTt; g4gybnttilatiCaffiagiftreeisPse'cw"' \‘,G c444 From: Berschler Karl, LLC 9800B McKnight Road, Suite 2 Pittsburgh, PA 1523! Patyk-i c-, o To: R.02, Lo04-1,e,r- 13 I(00 Sdy-c-eA-- Cc-r ;AA. rick (7017 To pey fee, affix stamps or me' 1 PS Form 3817, April 2007 PSN 7530-02-000-9065 EXHIBIT "B" USPS.com® - USPS TrackingTM English Page 1 of 2 Customer Service USPS Mobile Register/Sign In USPSCOM' USPS TrackingTM i t Customer Service ) Have questions? We're here to help. j Tracking Number: 70141200000050972644 Updated Delivery Day: Thursday, December 18, 2014 Product & Tracking Information Postal Product: DATE & TIME December 18, 2014 , 2:09 pm Features: Certified Mail'M STATUS OF ITEM LOCATION Delivered CARLISLE, PA 17013 Your item was delivered at 2:09 pm on December 18, 2014 in CARLISLE, PA 17013. December 18, 2014 , 2:04 pm December 18, 2014 , 9:15 am December 18, 2014 , 9:05 am December 18, 2014 , 8:36 am December 18, 2014, 4:01 am December 17, 2014 , 6:45 pm December 16, 2014 , 8:47 pm December 16, 2014 , 6:56 pm Notice Left (No Authorized CARLISLE, PA 17013 Recipient Available) Out for Delivery CARLISLE, PA 17013 Sorting Complete CARLISLE, PA 17013 Arrived at Unit CARLISLE, PA 17013 Departed USPS Facility HARRISBURG, PA 17101 Arrived at USPS Facility HARRISBURG, PA 1710 Departed USPS Facility PITTSBURGH, PA 15290 Arrived at USPS Facility PITTSBURGH, PA 15290 Track Another Package Tracking (or receipt) number Track It C. 1 • ER: COMPLETE THE • ii L.., ...4- % ct 3st. a , N _ v ._st- , .4.. f, _t -.7 .) "'' } 0 a1i Il r Z aa)) cc https://tools.usps.com/go/TrackConfirmAction?gtc_tLabels 1=70141200000050972644 1/13/2015 ni 1200 0000 5097 2. Article Number (Transfer from service label) Domestic Return Receipt PS Form 3811, July 2013 EXHIBIT "C" Name and Address of Sender The Law Offices of Lauren B. Karl, LLC 9800B McKnight Road, Suite 230 Pittsburgh, PA 15237 Check type of mail or service: ❑ Registered Mail ❑ Express Mail ❑ Insured ❑ Recorded Delivery (International) ❑ Certified ❑ Return Receipt for Merchandise A Y rieo pO&Gi' 01/06/2015 -' iceive< foal V, {)S` J?QSjA E $05.64° P 11•• .r • •�, Zl P 15237 041L1023741 5::, Line Article Number Addressee Name, Street, and PO Address Postage I; 1 Discover Bank, Issuer of Discover Card by Its Agent Discover Financial Services, LLC P.O. Box 6011 Dover, DE 19903-6011 2 Discover Bank, Issuer of Discover Card by Its Agent Discover Financial Services, LLC c/o Edward Stock, Esquire, Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 3 Discover Bank 6500 New Albany Road New Albany, OH 43054 4 Discover Bank do William T. Molzcan, Esquire and/or James C. Warmbrodt, Esquire Wellman, Weinberg & Reis Co., LPA 1400 Koppers Bldg., 436 Seventh Avenue;;`,,,` Pittsburgh, PA 15219 JMMMPC Co., Assignee for Chase Manhattan Bank P.O. Box 832, 221 E. Market St. Clearfield, PA 16830 - p \ 5 6 JMMMPC Co., Assignee for Chase Manhattan Bank do Joseph Colavecchi, Esquire Colavecchi & Colavecchi P.O. Box 131, 221 East Market Street Clearfield, PA 16830 tt ; . ' k I't 7 LVNV Funding, LLC do David J. Apothaker, Esq Apothaker & Associates, P.C. 2417 Welsh Rd., Suite 21 #520 Philadelphia, PA 19114 8 LVNV Funding, LLC do David J. Apothaker, Esq Apothaker & Associates, P.C. 520 Fellowship Rd. C306 Mt. Laurel, NJ 08054 9 LVNV Funding, LLC, Assignee of GE Capital/Wal-Mart 15 South Main Street Greenville, SC 29601 10 LVNV Funding, LLC do David R. Galloway, Esq. 4660 Trindle Road, Ste. 300 Camp Hill, PA 17011 11 PA Dept. of Public Welfare -Bureau of Child Support, Health & Welfare Building P.O. Box 2675 Harrisburg, PA 17105 12 Domestic Relations Section of Cumberland Co. 13 North Hanover Street Carlisle, PA 17013 Total Number of Total Number of Pieces Listed by i Pieces Received Sender at Post Office L 12 12 Postmaster, Per (Name of receiving employee) The full declaration of value is required on all domestic and international registered mail. The maximw document reconstruction insurance is $500 per piece subject to additional limitations for multiple piece Express Mail merchandise is $500, but optional Express Mail Service merchandise insurance is availa for registered mail. See Domestic Mail Manual R900, S913, and S921 for limitations of coverage on it international mail. Special handling charges apply only to Standard Mail (A) and Standard Mail (B) poi PS Form 3877, June 2004 Complete by Typewriter, Ink, or Ball Point Pen THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC Lauren Berschler Karl, Esquire %; . u tijr Identification No. 88209 Attorneys for Plaintiff 9800B McKnight Road, Suite 230 Pittsburgh, PA 15237 Phone: (412) 837-1164 Fax: (412) 837-2648 CITIZENS BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY v. NO.: 2010-7196 PATRICIA HOWARD Defendant. AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 LAUREN BERSCHLER KARL, ESQUIRE, attorney for Plaintiff in the above action, sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013, as more fully described in the metes and bounds description attached hereto, and made a part hereof, and identified as Exhibit "A": 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Patricia Howard 162 E. Louther Street Carlisle, PA 17013 a/k/a 160 E. Louther Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Patricia Howard Address (if address cannot be reasonably ascertained, please so indicate) 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Citizens Bank of Pennsylvania Discover Bank, Issuer of Discover Card by Its Agent Discover Financial Services, LLC Discover Bank JMMMPC Co., Assignee for Chase Manhattan Bank LVNV Funding, LLC Address (if address cannot be reasonably ascertained, please so indicate) 10561 Telegraph Road Glen Allen, VA 23059 P.O. Box 6011 Dover, DE 19903-6011 and do Edward Stock, Esquire Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 6500 New Albany Road New Albany, OH 43054 and do William T. Molzcan, Esquire and/or James C. Warmbrodt, Esquire Wellman, Weinberg & Reis Co., LPA 1400 Koppers Bldg., 436 Seventh Avenue Pittsburgh, PA 15219 P.O. Box 832 221 E. Market St. Clearfield, PA 16830 And do Joseph Colavecchi, Esquire Colavecchi & Colavecchi P.O. Box 131 221 East Market Street Clearfield, PA 16830 do David J. Apothaker, Esquire Apothaker & Associates, P.C. 2417 Welsh Rd., Suite 21 #520 Philadelphia, PA 19114 and do David J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Rd. C306 Mt. Laurel, NJ 08054 LVNV Funding, LLC, Assignee of GE Capital/Wal-Mart 15 South Main Street Greenville, SC 29601 And c/o David R. Galloway, Esquire 4660 Trindle Rd., Ste. 300 Camp Hill, PA 17011 4. Name and last known address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) Citizens Bank of Pennsylvania 1735 Market Street Philadelphia, PA 19103 5. Name and address of every other person who has any record lien on the property: Name None. Address (if address cannot be reasonably ascertained, please so indicate) 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 PA Dept. of Public Welfare - Bureau of Child Support Address (if address cannot be reasonably ascertained, please so indicate) Health & Welfare Building P.O. Box 2675 Harrisburg, PA 17105 Domestic Relations Section 13 North Hanover Street of Cumberland County Carlisle, PA 17013 7. Name and address of every person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name None. Address (if address cannot be reasonably ascertained, please so indicate) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. Sworn to and SubsOhed before me this Nday of J ,2015. Berschle e La e N ary Publi COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JENNIFER E SCOTT Notary Public MCCANDLESS TWP, ALLEGHENY CNTY My Commission Expires Oct 15, 2017 Karl, Esquire ALL THAT CERTAIN parcel of land, together with the improvements erected thereon, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, BEGINNING at a point on the southern line of East Louther Street at corner of lands now or late of Elmer G. Shultz and Mary A. Shultz, his wife, said point being one hundred twenty-four (124) feet, more or less, measured westwardly along the southern line of East Louther Street from the southwest corner of East Louther Street and North East Street; thence in a westerly direction, along the southern line of East Louther Street, twenty (20) feet five (5) inches, more or less, to a point on the eastern line of a two and one-half (2 1/2) feet wide private passageway used in common by properties Nos. 158 and 160 East Louther Street, said point being also on the line coinciding with the center line of the partition wall on the second floor level between the two and one-half (2 1/2) story dwellings known as Nos. 158 and 160 East Louther Street; thence in a southerly direction along said line twenty-four (24) feet five (5) inches to a point at the southwest corner of the two and one-half (2 1/2) story brick dwelling, known as No. 160 East Louther Street; thence in a southerly direction two (2) feet eight (8) inches to a point in the center of the fence line between said properties Nos. 158 and 160 East Louther Street; thence in a southerly direction along said fence line ninety-eight (98) feet three (3) inches, more or less, to a point on a fifteen (15) feet wide private alley; thence in an easterly direction along the northern line of said private alley twenty-one (21) feet eight (8) inches to a point; thence in a northerly direction along a line parallel with North East Street and along other lands now or formerly of Robert L. Myers, Jr. and Evelyn M. Myers and lands now or formerly of Elmer G. Shultz and Mary A. Shultz, his wife, one hundred twenty-five (125) feet to East Louther Street, the point or place of BEGINNING. HAVING THEREON ERECTED a two and one-half story brick, slate roof dwelling, known as No. 160 East Louther Street, Carlisle, Pennsylvania, said property being also sometimes designated as No. 162 East Louther Street. TOGETHER with the right to use the above mentioned fifteen (15) wide private alleyway bounding the above described properties on the South for purposes of ingress, egress and regress to and from the above described property; and together with the right to use the two and one-half (2 1/2) feet wide private alley or passageway between said properties Nos. 158 and 160 East Louther Street located and lying upon said property No. 158 East Louther Street and extending from East Louther Street southerly along the dividing line between said properties a distance of twenty-six (26) feet nine (9) inches for the purpose of ingress, egress and regress to and from said property herein conveyed in common with the owners and occupiers of said property No. 158 East Louther Street abutting on the West. THE GRANTOR grants unto the grantees herein all of the rights reserved unto herself, her heirs and assigns, to the western most five (5) feet of the lot, now or late of Elmer G. Shultz and Mary A. Shultz, his wife, abutting on the hereinbefore described property on the East and extending from Louther Street on the North to a private driveway on the South, at a width of five (5) feet, for light, air, overhang of eaves, gutters, windows and the right of passage to and from said alley and for the use in painting, repairing and improving said property hereinbefore described, provided, however, that said portion of said lot abutting on the East shall not at any time be built upon, as set forth in the deed of Robert L. Myers, Jr. and Evelyn M. Myers, his wife, to Elmer G. Shultz and Mary A. Shultz, his wife, dated 1946, and recorded in the Office aforesaid in Deed Book 13, Volume "D", Page 17. BEING the same property that Patricia A. Howard and David G. Howard, by Deed dated June 20, 2002, and recorded on June 20, 2002 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 252, page 1331, granted and conveyed unto Patricia A. Howard. BEING COMMONLY KNOWN AS: 162 E. Louther Street, Carlisle, PA 17013 a/k/a 160 E. Louther Street, Carlisle, PA 17013 PARCEL NO. 02-21-0318-287 EXHIBIT "A"