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HomeMy WebLinkAbout10-7729Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua L Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 258077 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 Plaintiff v. JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ 50 N GARFIELD ROAD MOHRSVILLE, PA 19541-9242 KELLI JO MOUNTZ 63 RED TANK ROAD BOILING SPRINGS, PA 17007-9555 Defendants File #: 258077 ~~~.~Q-~F~~~ "~' T!'~ F'~~1'~i~~~QT~tF~'~" ~a ~ o arc ~ 6 ah ~: ~'3M8ERLAt~D ~t~~~~17`t' ~tN~!S~'LV,~;~~; ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. I~~`1~a t CUMBERLAND COUNTY gq a. c~ i~ ~'`'~'~ a~~ 103°~~~~ ~ ~~~`o~ NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800)990-9108 File #: 258077 Plaintiff is SOVEREIGN BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ 50 N GARFIELD ROAD MOHRSVILLE, PA 19541-9242 KELLI JO MOUNTZ 63 RED TANK ROAD BOILING SPRINGS, PA 17007-9555 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/02/2007 JUSTIN M. MOUNTZ and KELLI JO MOUNTZ made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 200744830. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 258077 6. The following amounts are due on the mortgage: Principal Balance $297,104.32 Interest $7,659.00 07/01/2010 through 11/19/2010 Late Charges through 11/19/2010 $396.52 Property Inspections/Property Preservations $10.35 Mortgage Insurance Premium / $158.10 Private Mortgage Insurance Subtotal $305,328.29 Escrow Credit 54_(ll l TOTAL $305,274.28 7 8. 9. Plaintiff is nat seeking a judgment of personal liability (or an in ners~nam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File #: 258077 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $305,274.28, together with interest from 11/19/2010 at the rate of $54.7101 per diem to the date of judgment, and other costs, fees and charges collectible under the mortgage, including but not limited to attorneys fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN MIEG, LLP /~- By. -~"~. .~--- ^Lawrence T. Phelan, Esq., Id. No. 32 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ drew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff File #: 258077 LEGAL DESCRIPTION BEING PARCEL NUMBER 40-12-0342-010. ALL THOSE TWO CERTAIN tracts of land situate in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: TRACT NO. 1, NORTH BEGINNING at a railroad spike set 1.5 feet west of the centerline of the Red Tank Road and on the northern line of the Philadelphia, Harrisburg and Pittsburgh Branch of the Conrail Railroad; thence by the northern line of said railroad, North 81 degrees 04 minutes 461.03 feet to a capped iron pin; thence by a curve to the right with a radius of 1,910.08 feet, an arc length of 406.16 feet to a capped iron pin; thence by same, North 68 degrees 53 minutes West, 292.95 feet to a capped iron pin; thence by land now or formerly of PPG Industries, North 16 degrees 38 minutes 53 seconds East, 741.37 feet to an existing concrete monument; thence by same, South 74 degrees 49 minutes 37 seconds East, 598.77 feet to an existing buried spike 1 foot East of the center line of the said Red Tank Road; thence in said road, South 00 degrees 21 minutes 03 seconds East, 21.28 feet to an existing railroad spike 1.5 feet East of the center line of said road; thence by same, South 00 degrees 34 minutes 14 seconds West, 182.70 feet to a railroad spike along the West edge of the macadam of said road; thence in said road, South 23 degrees 21 minutes 04 seconds East, 86.80 feet to an existing buried spike 1.3 feet West of center line of said road; thence by same, South 27 degrees 46 minutes 25 seconds East, 1 ].4.72 feet to a p.k. nail in the center line of said road; thence by same, South 29 degrees 29 minutes 15 seconds East, 257.91 feet to a p.k. nail set in the center line of said road; thence by same, South 30 degrees OS minutes File #: 258077 46 seconds East, 156.70 feet to a p.k. nail in the center of said road; thence by same, South 26 degrees O1 minute 46 seconds East, 81.52 feet to a p.k. nail set in the center of said road; thence by same, South 08 degrees 09 minutes 43 seconds East, 17.50 feet to a railroad spike set 1.5 feet West of the center line of said road, the place of BEGINNING. BEING improved with a 2-1/2 story brick and frame house, frame barn, frame sheds, cribs and other outbuildings known and numbered as 63 Red Tank Road, Boiling Spring, Pennsylvania. BE1NG Lot No. 1, North, on the Final Subdivision Plan for Harold A. Wide and Anna M. Wise, his wife, which said Subdivision Plan is recorded in the OfFice of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 48, page 83.. TRACT NO. 1, SOUTH BEGINNING at a capped iron pin on the southern line of Philadelphia, Harrisburg and Pittsburgh Branch of the Conrail Railroad, said capped iron pin being 438.12 feet South 81 degrees 04 minutes West of a railroad spike in the center line of Red Tank Road and said capped iron pin, being the northwest corner of land now or formerly of Franklin S. Rhinehart, Jr. and wife; thence along said Rhinehart land, South 19 degrees 26 minutes 02 seconds West, 609.59 feet to an iron pipe; thence by same, North 60 degrees 33 minutes 09 seconds West, 151.07 feet to an iron pipe; thence by same, North 42 degrees 40 minutes 10 seconds West, 101.73 feet to an iron pipe; thence by same, North 68 degrees 17 minutes 18 seconds West, 765.95 feet to an iron pipe; thence by land now or formerly of J. Frank Wilson and wife, North 17 degrees 14 minutes 39 seconds East, 399.79 feet to an iron pin at old fencepost; thence by same, North 87 degrees 36 File #: 258077 minutes 32 seconds East, 207 feet to a capped iron pin on the southern line of said railroad; thence by the southern line of said railroad, South 68 degrees 53 minutes East, 369.73 feet to a capped iron pin; thence by same on a curve to the left, with a radius of 1,970.08 feet, an arc distance of 418.92 feet to a capped iron pipe; thence by same, South 81 degrees 04 minutes East, 41.36 feet to a capped iron pin, the place of BEGINNING. BEING Lot No. 1, South, on said Subdivision Plan. UNDER AND SUBJECT to a Metropolitan Edison Company Right of Way over the southern part thereof as indicated and shown on said Plan. TOGETHER with a 30 foot wide easement for the maintenance, repair and replacement of the spring houses and water lines as shown on said Subdivision Plan, and as set forth in paragraph 2 of the Notes and Site Data, and the Certification of Title on said Subdivision Plan, except that in said Certification, Lots Nos. 1 and 2, should be Lots No. 1, North and No. 1, South, and that Lot No. 3 should be Lot No. 2. BEING the same premises which Christopher J. Merlina and Mindy S. Merlina, husband and wife by Deed bearing date September 22, 2004 and recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, State of Pennsylvania in Deed Book 265 page 3224 granted and conveyed unto Kelli Jo Mountz, in fee. PROPERTY ADDRESS: 63 RED TANK ROAD, BOILING SPRINGS, PA 17007-9555 PARCEL # 40-12-0342-010 File #: 258077 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. !~''- or Pla' i DATE: S File #: 258077 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson F L D-0,FrjCr- Sheriffti??y' at .?;uubcrlr?t t o P{ .? a I-rJ E ,r Jody S Smith Chief Deputy t iu' Richard W Stewart Solicitor Sovereign Bank Case Number vs. 2010-7729 Justin M. Mountz (et al.) SHERIFF'S RETURN OF SERVICE 12/20/2010 12:16 PM - William Cline, Corporal, who being duly sworn according to law, states that on December 20, 2010 at 1216 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kelli Jo Mountz, by making known unto herself personally, at 63 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania 17007 its contents d at the same time handing to her personally the said true and correct copy of the same. WILLIAM CLINE, DEPUTY 12/21/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Justin M. Mountz, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Justin M. Mountz. Kelli Jo Mountz has advised Deputies, Justin M. Mountz currently resides at 50 N. Garfield Street, Mohrsville, Pennsylvania 19541. SHERIFF COST: $54.40 December 21, 2010 SO ANSWERS, RON Y R ANDERSON, SHERIFF . Gou'ySai. S^c:n`f. re':"Osa`t, fin,;. Phelan Hallinan & Schmieg, LLP r`r `1 1 w"" i t 1 ) a: , Lawrence T. Phelan, Esq., Id. No. 32227 o ; C?'- Francis S. Hallinan, Esq., Id. No. 62695 3;'1 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M Bradford E Id N 69849 t h Yt . , sq., o. . ?; fir b t . +:) `r Judith T. Romano, Esq., Id. No. 58745 U L VA Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. CUMBERLAND COUNTY JUSTIN M. MOUNTZ No. 10-7729 A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE D On ?.,?111?-(3?jq TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALUNANIkSCHMIEG, LLP t; %wrence an, Esq., Id. No. 32227 ? Francis S. Hall' an, Esq., Id. No. 62695 ? Daniel G. Sc ieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? enay -Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Cantwell, Esq., Id. No. 308912 ? Mario J. Hanyon, Esq., Id. No. 203993 ? Andrew Marley, Esq., Id. No. 312314 ? Robert W. Cusick, Esq., Id. No. 80193 Attorneys for Plaintiff Date: October 28, 2011 /tam, Svc Dept. File# 258077 11 Civil Division vs CUMBERLAND County JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ No. 10-7729 KELLI JO MOUNTZ Defendant ?ONON Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard Suite 1400 For Plaintiff AtA 1? •) Attorne 1! , y ! ' ( Ft One Penn Center Plaza Philadelphia, PA 19103 N E?LAND C 215-563-7000 O 1;UMB SOVEREIGN BANK Court of Common Pleas Plaintiff ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK. Date: _ PHELAN HA?LtPdA?T & IEG, LLP Attorneys for Printed Name Bar Id. No. & SCHMIEG, LLP PHS# 258077 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS Plaintiff V. JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ CIVIL DIVISION NO. 10-7729 Defendant CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe to mark judgment to SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: JUSTIN M. MOUNTZ KELLI JO MOUNTZ A/K/A JUSTIN MOUNTZ 63 RED TANK ROAD 50 N. GARFIELD ROAD BOILING SPRINGS, PA 17007-9555 MOHRSVILLE, PA 19541-9242 'q Ala --- Date: PHELAN N & SCHMIEG, LLP Vv- to By: HALLINAN & HMIEG, LLP Attorneys for Plaintiff Printed Name: _ Bar Id. No. Attomey or P ai Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 SOVEREIGN BANK Plaintiff VS JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ Defendant PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK is the current Plaintiff in the foreclosure action by virtue of a corporate merger, whereby SOVEREIGN BANK is now known as SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK. Kindly amend the information on the docket accordingly. Date: PHELAN I SCHMIEG, LLP B ' LINAN & SCHMIEG, LLP Attorneys for Plai ff Printed Name: Bar Id. No. PHS# 258077 Attorneys for inti 0.U? % Q.sd°th Ck#uL046 I V&G (2 9- a79 So ... , $ir RO l 40It OTAR 2612 MAR 16 AM 10: 30 0 COUNTY Attorney For Plaintiff of Common Pleas : I Civil Division : CUMBERLAND County : I No. 10-7729 'r Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ No. 10-7729 KELLI JO MOUNTZ Defendant PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN B ocat PENN STREET, READING, PA 19601. Date: _ PHEL L IEG, LLP PHELAN, HALLIDII? & SCHMIEG, LLP Attorneys for Pla' f Printed Name: Bar Id. No. _ PHS# 258077 Attorneys for Plainti WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 10-7729 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK Plaintiff (s) From JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ, KELLI JO MOUNTZ (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: $328,799.62 L.L.: $.50 Interest FROM 1/24/2012 TO DATE OF SALE ($54.05 PER DIEM) - $12,215.30 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $266.40 Other Costs: Plaintiff Paid: Date: APRIL 19, 2012 David D. B 11, Prothonotary (Seal) y; Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK Plaintiff v JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-7729 CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 01/24/2012 to Date of Sale ($54.05 per diem) TOTAL c> ev ?-" $328,799.62 rrnw 3? :» =rn ' - -b rn .. $12,215.30 x - M $341,014.92 =C) c'a -ry Note: Please attach description of property. PHS # 258077 P,h Kan Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff O 4-18_5o Pp AT" S 4, yU C6F 53. oo ?? .? ?a oD y?. 1p. Cc ?.s ?, sa4N (o ,Sd. as ?7485(0/0SV8 d13993 RE Lk)r i+ -o ? c;s ? A rn a 0 F'00 x? Q ?2 ? ? N CZ7 w o z O? O w c 00 a z ?, fV] 00 cf? zW ? ? W ? a o Oa w ? ? ? ,?z ab °? z HN a o ?W a? o go 40. V ? > ? W a w a ¢ PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK Plaintiff V. JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-7729 CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. l" By: 20an Hallinan & Schmieg, LLP To Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: KELLI JO MOUNTZ SOVEREIGN BANK KELLI JO MOUNTZ V. BK. No. 1:11-00004 RNO Chapter No. 07 Debtor Movant and LEON P. HALLER, ESQUIRE (TRUSTEE) Respondents 11 U.S.C. §362 ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of SOVEREIGN BANK (Movant), it is: ORDERED that the Automatic stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises, 63 RED TANK ROAD, BOILING SPRINGS, PA 17007-9555, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage or take any legal or consensual action enforcement of its right to possession of, or title to, said premises (such actions may include but are not limited to the signing of a deed in lieu of foreclosure or entering into a loan modification agreement) and to allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further; ORDERED that Movant shall be permitted to communicate with the Debtor and Debtor's counsel to the extent necessary to comply with applicable nonbankruptcy law. By the Court, 6Z..A v. c?,4.,r Dated: February 24, 2011 Robert N. Opel, II, Bankruptcy Judge (nc:) Case 1:11-bk-00004-RNO Doc 15 Filed 02/24/11 Entered 02/25/11 15:15:38 Desc Main Document Page 1 of 1 SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK Plaintiff { V. JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-7729 CUMBERLAND COUNTY PHS # 258077 AFFIDAVIT PURSUANT TO RULE 3129.1 SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 63 RED TANK ROAD, BOILING SPRINGS, PA 17007-9555. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ 50 NORTH GARFIELD ROAD MOHRSVILLE, PA 19541-9242 KELLI JO MOUNTZ 2. 3. 4. 5. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 63 RED TANK ROAD BOILING SPRINGS, PA 17007-9555 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) METROPOLITAN EDISON COMPANY 2121 SULLIVAN TRAIL EASTON, PA 18040 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT JUSTIN MOUNTZ C/O VINCENT M. MONFREDO, ESQUIRE KELLI JO MOUNTZ C/O CHARLES E. PETRIE, ESQUIRE DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 63 RED TANK ROAD BOILING SPRINGS, PA 17007-9555 155 S HANOVER ST CARLISLE, PA 17013 3528 BRISBAN ST HARRISBURG, PA 17111 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities Date: A L By: elan Hallinan & Schmieg, LLP 'John Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK VS. JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ : NO.: 10-7729 : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ 50 NORTH GARFIELD ROAD MOHRSVILLE, PA 19541-9242 KELLI JO MOUNTZ 63 RED TANK ROAD BOILING SPRINGS, PA 17007-9555 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 63 RED TANK ROAD, BOILING SPRINGS, PA 17007-9555 is scheduled to be sold at the Sheriffs Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $328,799.62 obtained by SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-7729 SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK vs. JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ owner(s) of property situate in the TOWNSHIP OF SOUTH MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) 63 RED TANK ROAD, BOILING SPRINGS, PA 17007-9555 Parcel No. 40-12-0342-010 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $328,799.62 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THOSE TWO CERTAIN tracts of land situate in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: TRACT NO. 1, NORTH BEGINNING at a railroad spike set 1.5 feet west of the centerline of the Red Tank Road and on the northern line of the Philadelphia, Harrisburg and Pittsburgh Branch of the Conrail Railroad; thence by the northern line of said railroad, North 81 degrees 04 minutes 461.03 feet to a capped iron pin; thence by a curve to the right with a radius of 1,910.08 feet, an arc length of 406.16 feet to a capped iron pin; thence by same, North 68 degrees 53 minutes West, 292.95 feet to a capped iron pin; thence by land now or formerly of PPG Industries, North 16 degrees 38 minutes 53 seconds East, 741.37 feet to an existing concrete monument; thence by same, South 74 degrees 49 minutes 37 seconds East, 598.77 feet to an existing buried spike 1 foot East of the center line of the said Red Tank Road; thence in said road, South 00 degrees 21 minutes 03 seconds East, 21.28 feet to an existing railroad spike 1.5 feet East of the center line of said road; thence by same, South 00 degrees 34 minutes 14 seconds West, 182.70 feet to a railroad spike along the West edge of the macadam of said road; thence in said road, South 23 degrees 21 minutes 04 seconds East, 86.80 feet to an existing buried spike 1.3 feet West of center line of said road; thence by same, South 27 degrees 46 minutes 25 seconds East, 114.72 feet to a p.k. nail in the center line of said road; thence by same, South 29 degrees 29 minutes 15 seconds East, 257.91 feet to a p.k. nail set in the center line of said road; thence by same, South 30 degrees 05 minutes 46 seconds East, 156.70 feet to a p.k. nail in the center of said road; thence by same, South 26 degrees 01 minute 46 seconds East, 81.52 feet to a p.k. nail set in the center of said road; thence by same, South 08 degrees 09 minutes 43 seconds East, 17.50 feet to a railroad spike set 1.5 feet West of the center line of said road, the place of BEGINNING. BEING improved with a 2-1/2 story brick and frame house, frame barn, frame sheds, cribs and other outbuildings known and numbered as 63 Red Tank Road, Boiling Spring, Pennsylvania. BEING Lot No. 1, North, on the Final Subdivision Plan for Harold A. Wide and Anna M. Wise, his wife, which said Subdivision Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 48, page 83. TRACT NO. 1, SOUTH Agent's File Number: BW07-9048 BEGINNING at a capped iron pin on the southern line of Philadelphia, Harrisburg and Pittsburgh Branch of the Conrail Railroad, said capped iron pin being 438.12 feet South 81 degrees 04 minutes West of a railroad spike in the center line of Red Tank Road and said capped iron pin, being the northwest corner of land now or formerly of Franklin S. Rhinehart, Jr. and wife; thence along said Rhinehart land, South 19 degrees 26 minutes 02 seconds West, 609.59 feet to an iron pipe; thence by same, North 60 degrees 33 minutes 09 seconds West, 151.07 feet to an iron pipe; thence by same, North 42 degrees 40 minutes 10 seconds West, 101.73 feet to an iron pipe; thence by same, North 68 degrees 17 minutes 18 seconds West, 765.95 feet to an iron pipe; thence by land now or formerly of J. Frank Wilson and wife, North 17 degrees 14 minutes 39 seconds East, 399.79 feet to an iron pin at old fencepost; thence by same, North 87 degrees 36 minutes 32 seconds East, 207 feet to a capped iron pin on the southern line of said railroad; thence by the southern line of said railroad, South 68 degrees 53 minutes East, 369.73 feet to a capped iron pin; thence by same on a curve to the left, with a radius of 1,970.08 feet, an arc distance of 418.92 feet to a capped iron pipe; thence by same, South 81 degrees 04 minutes East, 41.36 feet to a capped iron pin, the place of BEGINNING. BEING Lot No. 1, South, on said Subdivision Plan. UNDER AND SUBJECT to a Metropolitan Edison Company Right of Way over the southern part thereof as indicated and shown on said Plan. TOGETHER with a 30 foot wide easement for the maintenance, repair and replacement of the spring houses and water lines as shown on said Subdivision Plan, and as set forth in paragraph 2 of the Notes and Site Data, and the Certification of Title on said Subdivision Plan, except that in said Certification, Lots Nos. 1 and 2, should be Lots No. 1, North and No. 1, South, and that Lot No. 3 should be Lot No. 2. TITLE TO SAID PREMISES VESTED IN Justin M. Mountz and Kelli Jo Mountz, h/w, by Deed from Kelli Jo Mountz, dated 11/02/2007, recorded 12/03/2007 in Instrument Number 200744829. PREMISES BEING: 63 RED TANK ROAD, BOILING SPRINGS, PA 17007-9555 PARCEL NO. 40-12-0342-010 PLAINTIFF SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK DEFENDANT JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ SERVE JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ AT: 50 NORTH GARFIELD ROAD MOHRSVILLE, PA 19541-9242 **DIVORCED- One cannot accept service for the other** SERVED f...'1 r4WD Y,i L7 fill . PHS # 258077 - SERVICE TEAM/ Ixl? r 1? 1 '' i Ai`l' COURT NO.: 10-7729 TYPE OF ACTION 4 " Yt t1At41 A XX Notice of Sheriffs Sale SALE DATE: September 5, 2012 Served and made known to JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ, Defendant on 20 12', at 3L` , o'clock p. M., at +ti,, cVL,,d 14 in the manner described below: Defendant personally served. ?C Adult family member with whom Defendant(s) reside(s). Relationship is moo-ixe/' 1 Dnt Ckr'l64-,ne M--)Af2- _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: 4 1 1 •+ Description: Age _?Q- Height 1; Weight 15V - Race _ LV Sex F Other the -day of Af (-I I, bIe, 1knn: 4,Ao r, a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: N 3P'• JZL NAME: PRINTED NAME: TITLE: L? : I w b y NOT SERVED On the __ day of , 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant Does Not Exist _ Moved - Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq.. Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenav R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY FIA.FU-OFFICE- t?'r THE PROTHONOTAh'r 2012 JUL 18 AM 10: 11 CUt?l?ER,L YLVkN1ATY rtmr5 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County JUSTIN M. MOUNTZ No.: 10-7729 A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on December 1 2010. 2. Judgment was entered on January 30, 2012 in the amount of $328,799.62. A and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 25 which can be calculated from the complaint, i.e. bringing the interest current. However, new cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 63 RED TANK ROAD, BOILING SPRINGS, PA 17007-9555 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant, KELLI JO MOUNTZ, filed a Chapter 07 Bankruptcy at Docket 1:11-00004 on January 2, 2011. The Bankruptcy stay ended when the Bankruptcy Court entered an Order dated April 20, 2011 discharging the defendants of personal liability. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "B". 5. The Property is listed for Sheriffs Sale on September 5, 2012. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through September 5, 2012 Per Diem $53.33 Late Charges Legal fees Cost of Suit and Title Property Inspections Appraisal/Brokers Price Opinion Mortgage Insurance Premium/ Private Mortgage Insurance Mortgage Insurance Premium to be paid prior to September 5, 2012 Escrow Deficit $297,104.32 $43,065.00 $396.92 $1,850.00 $1,286.50 $124.20 $125.77 $2,949.89 $632.40 $4,452.20 TOTAL $351,987.20 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 25 Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy its proposed Motion to Reassess Damages and Order to the Defendant on July 10, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Phelan Hallinan & Schmieg, LLP B . , (::?D -, Melissa J. Cantwel , uire ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County JUSTIN M. MOUNTZ No.: 10-7729 A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ and KELLI JO MOUNTZ executed Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 63 RED TANK ROAD, BOILING SPRINGS, PA 17007-9555. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. 25 In the instant case, Defendants defaulted under the Mortgage by failing to tender promised monthly mortgage payments. Accordingly, after it was clear that the default would not cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed outdated and need to be adjusted to include current interest, real estate taxes, insurance costs of collection, and other expenses which Plaintiff has been obligated to pay under the in order to protect its interests. It is also appropriate to give Defendants credit for payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to 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. Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule 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 adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of and interest until the Promissory Note accompanying the Mortgage is paid in full. The are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village . Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsy Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of i to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TADS AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 25 V1. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping C, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 25 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred the foreclosure action. The amount claimed for the costs of suit and title are the expenses paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129. and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically a vendor visit the premises to determine if any windows need to be boarded up, if the property vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 258 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: 7/ J, B Melissa J. Cantwell, Esquire Attorney for Plaintiff 25 Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 3FK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK vs. JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ FLED- OFFICE. t H "ttorneyYfor Plaintiff L012 JAN 30 Ali 9* 44 CUMBERLSAND COUNTY CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION No. 10-7729 PRAECIPE FOR IN R'EM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSIMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the lainifft and against JUSTIN M. MOUNTZ AIWA SM MQ12 *" KLI"JQNQ0W, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $305,274.28 Interest -11/20/2010 to 01/23/2012 $23,525.34 TOTAL $328,799.62 I hereby certify tl (1) tl? Defendants' last known addresses are 63 RED TANK ROAD, BOILING SPRINGS, PA.I 7007-9555 and 50 NORTH GARFIELD ROAD, MO 19541-9242, and (2) that qce has been given in accordance with R ' .1. Date [ son..... ? , Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: I [ • PHS 0 258077 PROTHONOTARY Exhibit "B" B18 (Offtcial Form 18) (02/09) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (name(s) used by the debtor(s) in the last S years, including married, maiden, and trade): Kelli Jo Mountz 63 Red Tank Road Boiling Springs, PA 17007 Chapter 7 Case No. 1: 11 -bk-00004-RNO Last four digits of Social-Security, Individual Taxpayer-Identification, Employer Tax-Identification No(s)(if any): xxx-xx-9829 DISCHARGE OF DEBTOR(S) It appearing that the debtor(s) is entitled to a discharge, IT IS ORDERED: The debtor(s) is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). BY THE COURT Dated: Apri120, 2011 i 1 Honorable Robert N. Opel United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. This document is electronically signed and filed on the same date. Case 1:11-bk-00004-RNO Doc 42 Filed 04/22/11 Entered 04/23/11 00:41:16 Desc Imaqed Certificate of Service Paqe 2 of 3 B18 (Official Form 18) (02/09) Continued EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors. Collection of Discharged Debts Prohibited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wage or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving community property: There are also special rules that protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged. Debts That are Discharged The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Debts That axe Not Discharged Some of the common types of debts which are ngi discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts incurred to pay nondischargeable taxes; c. Debts that are domestic support obligations; d. Debts for most student loans; e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated; g. Some debts which were not properly listed by the debtor; h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts; and j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for federal employees for certain types of loans from these plans. This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case. Case 1:11-bk-00004-RNO Doc 42 Filed 04/22/11 Entered 04123/11 00:41:16 Desc Imaqed Certificate of Service Paqe 3 of 3 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey July 10, 2012 JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ 50 NORTH GARFIELD ROAD MOHRSVILLE, PA 19541-9242 JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ 63 RED TANK ROAD BOILING SPRINGS, PA 17007-9555 KELLI JO MOUNTZ 361 LONGVIEW RD POTTSTOWN, PA 19464-3442 RE: SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK v. JUSTIN M. MOUNTZ, A/K/A JUSTIN MOUNTZ and KELLI JO MOUNTZ Premises Address: 63 RED TANK ROAD BOILING SPRINGS, PA 17007 CUMBERLAND County CCP, No. 10-7729 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by July 16, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, sa J. an well`'L?gtrixe- Attorney for Plaintiff Enclosure 258077 Y' ? s ? ??r??daz avow n?t??rw . , o6930 ?vt z o + .7 4 c ?? 6 F E c y o_ u ?. U7 kfi V1 N: do' d' Vi 69 c W Cq V E E o CL d9 f/9 6A a C 6 O W O E „ 7 ? hh u ? a N . e s ? ? N u k „ o ? w y o « p w , cO G y o MM ? ? N E ?N, n d r`? 'd o Q ? c u h tn aW 0 a q ! S ' ? ? ? M N a .3 H ?t Z FFdtoe QpGd [¢ Oa O a0 zx a.e a 3 xw oZOFG OOZHw ,n wN o? Cy d .I y z Q 0 ~ N en h h O 00 Lr) N Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff V. JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-7729 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ 50 NORTH GARFIELD ROAD MOHRSVILLE, PA 19541-9242 KELLI JO MOUNTZ 361 LONGVIEW RD POTTSTOWN, PA 19464-3442 DATE: 24), JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ 63 RED TANK ROAD BOILING SPRINGS, PA 17007-9555 Phelan Hallinan & Schmieg, LLP By: Melissa J. Cantwell, Esquire ATTORNEY FOR PLAINTIFF F I, 1_ 7 -C Fir ? 2 JUL 20 P 2: CUMBERLAND C UIN,TY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SOVEREIGN BANK, N.A. FORMERLY KNOWN Court of Common Pleas AS SOVEREIGN BANK Plaintiff Civil Division v : CUMBERLAND County JUSTIN M. MOUNTZ No.: 10-7729 A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ Defendants RULE AND NOW, this day of 2012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 258077 t- Melissa J. Cantwell, Esq., Id. No.308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 V JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNT Z ROAD 50 NORTH GARF MOHRSVILLE, PA 19541-9242 y KELLI JO MOUNTZ 361 LONGVIEW pOTTSTOWN, PA 19464-3442 j?PS /pled %? JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ 63 RED TANK ROAD BOILING SPRINGS, PA 17007-9555 25 077 258077 0 THE PROTHONOTAR' Phelan Hallinan & Schmieg, LLPt ?U? AM ?O? 00 Allison F. Wells, Esq., Id. No.3095JY ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUM ERLAND COONTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK, N.A. FORMERLY KNOWN Court of Common Pleas AS SOVEREIGN BANK Plaintiff Civil Division vs. JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ Defendants CUMBERLAND County No.: 10-7729 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 20, 2012 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. JUSTIN M. MOUNTZ JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ KELLI JO MOUNTZ 50 NORTH GARFIELD ROAD 63 RED TANK ROAD MOHRSVILLE, PA 19541-9242 BOILING SPRINGS, PA 17007-9555 KELLI JO MOUNTZ 361 LONGVIEW RD POTTSTOWN, PA 19464-3442 DATE: Phelan H chmieg, LLP Allison F. Wells, Esquire Attorney for Plaintiff 25 ,A AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK PHS # 258077 DEFENDANT SERVICE TEAM/ Ixh r-a JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ COURT NO.: 10-7729 KELLI JO MOUNTZ rnW SERVE KELLI JO MOUNTZ AT: TYPE OF ACTION ?r 361 LONGVIEW RD XX Notice of Sheriffs Sale '? POTTSTOWN, PA 19464-3442 "DIV SALE DATE: September 5, 201nQ It ORCED, ONE CANNOT ACCEPT FOR THE OTHER" 71 C') - SERVED y C Served and made own to KELLI JO MOUNTZ, Defendant on theX day of 20, at ^3??o'clock M., at in the manner described low: _LBtsfendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: zei _ Height _ Weight N$ Race ? Sex f_ Other s' h a competent adult, hereby verify that I personally handed a true and correct copy Notice o S riffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the a indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 rely unsworn falsification to authorities. DATE: IZ NAME: f PRINTED NAME: a IL, TITLE: , S. NOT SERVED On the _ day of , 20_, at __ o'clock _. M., Defendant NOT FOUND because: Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq.. Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 CD; --A } 5 to 2Qi2 AlJG ! 3 AFB 10~ 33 ~:%t1Mt~ENLAMfl CQUNTY PENNSYLYAH~A Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK Plaintiff vs. JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.:10-7729 MOTION TO MAKE RULE ABSOLUTE SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above- captioned action, and in support thereof avers as follows: A Motion to Reassess Damages was filed with the Court on July 18, 2012. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a of its proposed Motion to Reassess Damages and Order to the Defendants on July 10, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Christylee L. Peck on or about July 20, 2012 directing the Defendants to show cause by August 9, 2012 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on July 31, 2012 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of August 9, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. DATE: Phelan Halli ieg, LLP ison Vells E 're Attorney for Plaintiff 25 Exhibit "A" PHELAN HALLINAN & SCI-~MIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215)563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LI.P Representing Lenders in Pennsylvania and New Jersey July 10, 201.2 JUSTIN M. MOUNTZ A!K!A JUSTIN MOI1N`Tl KELLI JO MOUNT7_, 50 NORTH GARFIELD ROAD MOHRSVILLE, PA 19541-9242 JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOiJNTZ 63 RED TANK ROAD BOILING SPRINGS, PA 17007-9555 KELLI JO MOUNTZ 361 LONGVIEW RD POTTSTOWN, PA 19464-3442 RE: SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK v. JUS"TIN M. MOUNTZ, A/K/A JUSTIN MOUNTZ and KELLI JO MOUN"I'Z Premises Address: 63 RED TANK ROAD BOILING SPRINGS, PA 17007 CUMBERLAND County CCP, No. 1.0-7729 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by July 16, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, ' sa J. an .well, ;, 'rc-- Attorney for Plaintiff Enclosure 258077 L b :~ - - ~ ~~~" ~ ~ ~~ P `-~ r ~rT~~~. ~ .cars-, ~~'_ 7 ~w i -- .. _ ~ ~ _ 1 ~~. c. 6/i I b9 149 W .. 0 00 N i ~ w ;~ '~ a ~ J Up ~ U Q X F ~ tV N E c u .~ 0. ~ ~ c o m c u E °~ ~ ~~ r u C A ~ u 0..O y ] ~ O i ~ 9 '9 $ O .~ ,~ C C ~ ~ ~ C ~ ~ 'b ~~ ~~ r ~ ~ ~ o ~ 6p V ~ C C ~ w ~ > > O.d ~~• B. V y y ~ g u o u o '° ~ u ~ ~ ~:~ _~ o ~ c ~`w c .a .E ~ ~ ~ c o' ~ ~ ~~ .p U ~ E .~ 4 7 ~ O~ ~~ u Eh ~ o.~.~~ Fw nH O' N O y Z ~ ~ ~ ~ ~ o Q ~ w u iZr a ~ `~" ~ ~ _'o ~ ~ °" w o a" N ~ ~ d ~ ~ ~ ' S ...1~ cd O01 O t7 a°.a ~ M N .~ °? ~ a ~ d ~ E"" 3 .'-, q a A. ~ Z ~b ~a, ~z`"pd,,,~ZO~~ad ~a_ „~a`~ ~~aZ~3a~ ~^°', °'¢ LOO wOO,Y,QCiOwZ~ c~ 'a G O a[i ~ ~ ~~~~ ~~ ~ ~ "9 .~~ c~w~~F~~O~C70ZE30„7~ o~ ~'~'a'° ~H"aO~F"'a~a.aa~~ z~ ~ ~ o>;d E t/~ (a(~~ Z 0 v~ frr~7 ~i o-r rWWl WW a~Ow Z tiX~i~ ~?G~O~C~Gr~iCO.tY. °a~ i ~ ~ ~ + 2 ~ ~ m ~ ~ .x w~ ~~ ~ L ~~B vNi O E .y a~ ~? ~ ~ z a z¢o a'" N ~, ~~ ;f~ F •. ~ ~ ~I':; O 00 ~, N Exhibit "B" ~, ~ st ~- i;i~ ,~~~ ~~ ~'~~ c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SOVEREIGN BANK, N.A. FORMERLY KNOWN : Court of Common Pleas AS SOVEREIGN BANK Plaintiff Civil Division v. JUSTIN M. MOUNTL A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ Defendants CUMBERLAND County No.: 10-7729 RULE f AND NOW, this_ ~~~' day of ~~~ 2012, a Rule is entered upon the Defendants ~~{ -~--- to show cause ~vhy an Order should not be entered. granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is tiled with the Gourt, Plaintiff may file a Motion to Make Rule Absolute and no hearing ~~~ll be scheduled on this matter, BYE/THE COURT ~~~ 258077 Exhibit "C" Phelan Hallinan & Schmieg, LI,P Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plana Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN :BANK Plaintiff vs. JUS"I'IN M. MOUNTZ A/K/A JUSTIN MOUN'I'Z KELLI JU MOUNI'l ATTORNEY FOR PI;AINTIFF Court of Common Pleas Civil Division. CUMBERLAND County No.: 10-7729 Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 20, 2012 Rule directing the Defendants to show cause as to why Plaintiff s Motion to Reassess Damages should not be granted was served upon. the following individuals on the date indicated below. JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ 50 NORTH GARFIELD ROAD MOHRSVILLE, PA 19541-9242 KELLI JO MOUN1'Z 361. LONGVIEW RD POTTSTOWN, PA 14464-3442 DATE: ____ ~~i'" JUSTIN M. MOUNT'Z A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ 63 RED TANK ROAD BOILING SPRINGS, PA 17UU7-9555 ,~.~„ Phelan 1 ~~ili~n~ii~~ ~~ ehmieg, LLP Allison F. Wells,l/squire Attorney for Plaintiff 258077 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK Plaintiff vs. JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.:10-7729 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ 50 NORTH GARFIELD ROAD MOHRSVILLE, PA 19541-9242 KELLI JO MOUNTZ 361 LONGVIEW RD POTTSTO WN, PA 19464-3442 DATE: JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ 63 RED TANK ROAD BOILING SPRINGS, PA 17007-9555 Phelan n chmieg, LLP Allison F. Wells, quire Attorney for Plaintiff - ~ ~.i~-U~ ° ICS f ; ~,~: P€~~TN NOTAi~`~~ PHELAN HALLINAN & SCHMIEG, LLP Andrew J. Marley, Esq., Id. No.312314 1617 JFK Boulevazd, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff ~~ f ~ ~~~ 1 ~ ~M !~~ 4 Q r;~~#~EFLA '~E~~S~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, N.A. F/K/A SOVEREIGN CUMBERLAND COUNTY BANK Plaintiff, COURT OF COMMON PII,EAS v CIVIL DIVISION JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ No.: 10-7729 KELLI JO MOUNTZ Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienliolders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as a>~nended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhjbit "A". -~ ~~n~w J. Mary, Esquire .~ Attorney for Plaintiff Date: IMPORTA OTICE: This property is sold at the direction of the plaintiff. t not be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. a sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 258077 SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK Plaintiff v. JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.:10-7729 CUMBERLAND COU TY PHS # 2580TH AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK, Plaintiff in the above action, by the undersigned attorney sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 3 RED TANK ROAD, BOILING SPRINGS, PA 17007-9555. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ 50 NORTH GARFIELD ROAD MOHRSVILLE, PA 19541-9242 2. 3. KELLI JO MOUNTZ Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 63 RED TANK ROAD BOILING SPRINGS, PA 17007-9555 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real'property to sold: Name Address (if address cannot be reasonably ascertained, please indicate) Penn Waste Inc. 0085 BRICK YARD RD YORK, PA 17402 Penn Waste Inc. Stock and Leader, LLP C/O Neil Allan Slenker, ESQ. 221 W PHILA ST STE E600 YORK, PA 17401 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. ~. 6. Name and address of every other person who has any record interest in the property and whose interest may be sale. Name Address (if address cannot be reasonably ascertained, please indicate) Metropolitan Edison Company 2121 Sullivan Trail Easton, PA 18040 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property be affected by the sale: Name Address (if address cannot be , reasonably ascertained, please indicate) TENANT/OCCUPANT JUSTIN MOUNTZ C/O VINCENT M. MONFREDO, ESQUIRE KELLI JO MOUNTZ C/O CHARLES E. PETRIE, ESQUIRE Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building 63 RED TANK ROAD BOILING SPRINGS, PA 17007-9555 155 S HANOVER ST CARLISLE, PA 17013 3528 BRISBAN ST HARRISBURG, PA 17111 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit aze true and correct to the best of rr~y personal knowledge or information and belief. I understand that false statements herein aze made subject to the of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ~S ~l~ By: ~fiAalTinan & Schmieg, LLP Andrew J. Marley, Esq., Id. No.3123 Attorney for Plaintiff by the may QP t9jo ~ ` Name and Pkeiaa Hallinaa & Scbmieg, LLP .o i vP ~ ~ Address ~ 1617 JFK Houkvud, Suite 1400 '~ ` ' I ° i ' Of Sends One Peso Cetroar Plan • / PkBsde PA 19103 AZK/AEG - 09/iOSr],011 SALE ~ '~ Line Atti de Number Name of AdilrKe, Street, and Pat Office Address S 1 AAAA Perri Waste Piste. ~ OOPS BRICK YARD RD __ . , Y PA I7~01 2 A"A• Pem Waste lac. CIO Neil Allan Sleeker, ESQ. Stock sad Leaders LLP I21 W PIiILA ST STE E600 YORK, PA 17401 4 AAA4 s •!AA RE: JUSTIN M. MOUNTZ A/K!A JUSTIN MOUNTZ (CUMBERLAND) PHSA12~077/1016 Pap 1' of t 45 Da aW Pos~pa.Rr(lhneor flrei~SldirtrisiwMidsaado~ede~/ wfwt~ 7feim t~.v.u:.aet.s.a. e.~.earr«om« seoeigEaglor«) iorr,.....~wwworn.nwwierw..s.aree.rtre .e.r~.r Awr~~erasstsseoesosr~eam~a. tisrste~ }q~6Nr~i il~~~id~el{ylOi4bftf,Mekrayiesaas~6,Nt aPierl~ sr _=y> F. 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F/K/A SOVEREIGN Court of Common Pleas BANK Plaintiff Civil Division ~ , vs. CUMBERLAND Coun~, ~~ :~ JUSTIN M. MOUNTZ No.: 10-7729 ~~ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ ~" C~ ~~ Defendants ~.! ORDER AND NOW, this ,~,~day of ~/~~,t; 2012, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as Principal Balance Interest Through September 5, 2012 Per Diem $53.33 Late Charges Legal fees Cost of Suit and Title Property Inspections AppraisaUBrokers Price Opinion Mortgage Insurance Premium/ Private Mortgage Insurance Mortgage Insurance Premium to be paid prior to September 5, 2012 Escrow Deficit TOTAL $297,104.32 $43,065.00 $396.92 $1,850.00 $1,286.50 $124.20 $125.77 $2,949.89 $632.40 $4,452.20 $351,987.20 Plus interest from September 5, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff s commission is not included in the figure. /a~~c ~(/ ~ ~1u s~;n In . ~w~-i - Sus~~~ /hou~f~ CaP:~s ~.a,'/ed ~f/G/ice ~ BY THE COURT: ~~~ /?ccCccC J. ;- ., ---+ -A._ -~ ['v i -;~ "t3gr c.~~~ ~J ~~; Wit:--, _~. . t,.. ::; :~f ~'#•~~P~~T~ITAr~Y ~~~~ auc ~ 3 an io: ~~ CtiM R~t~~ TY Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK Plaintiff vs. JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.:10-7729 MOTION TO MAKE RULE ABSOLUTE SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above- captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on July 18, 2012. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a of its proposed Motion to Reassess Damages and Order to the Defendants on July 10, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing aze attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Christylee L. Peck on or about July 20, 201 directing the Defendants to show cause by August 9, 2012 why the Motion to Reassess should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on July 31, 2012 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of August 9, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: Phelan Halli ieg, LLP on ells Attorney for Plaintiff 25 Exhibit "A" PHELAN HALLINAN & S CHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 {215)563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey July 10, 2012 JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ 50 NORTH GARFIELD ROAD MOHRSVILLE, PA 19541-9242 JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ 63 RED TANK ROAD BOILING SPRINGS, PA 17007-9555 KELLI 30 MOUNTZ 361 LONGVIEW RD POTTSTOWN, PA 19464-3442 RE: SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK v. JUSTIN M. MOUNTZ, A/K/A JUSTIN MOUNTZ and KELLI JO MOUNTZ Premises Address: 63 RED TANK ROAD BOILING SPRINGS, PA 17007 CUMBERLAND County CCP, No. 10-7729 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 20$.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by July 16, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, sa J. 11, Attorney for Plaintiff Enclosure 258077 s o t s >. 3on~ aaz waa~ a~iaw ~i~Z ~i"!fiP 3g?"tLZbt~60 ao ~~ ~Y '~ ~~ ~p~p[ '~R1U Ewa ~~ a~~ t 'b L ey' ~ ~ ~ z¢o ~~• ~~ ~ YVt Z O v ~/ ) c3 u"+®RMWtY~II~ ~ F 1 ~t~ C> ; ,~ >.m~~,~S"'~ "s ~ S .r~o 6 u .~ c ~ u ~ e ~ 0 ~ ~y~~@ V! 1fi h ~A :.~ ° B ~~ 69 bd ~ E~'O~ gg $o •~?~o E o~~ ~ ~~e~ ~ c E'~ a+ ~oW ~~ a ~~~~ sr~. s ~~~~ ~ ~ ~ ~~NS ~ ~:~~ ~~~~_. ~ ~~ ~g ~ ~oo~~ o ~ ~~ ~. ~na~y ~ ~~6~ ~ ~ ~~ ~ a 5 ~ g.~~~ U H O ~ z Q ~ O Q ~ O ~ ~ ~' r.+ ~ ~ a E tfi O ~ Q weppu Qr N ~ ~'S C W o~ $ ~ ~~ a H ., N oy~N~.++W~FN~~IVq :: ¢~Oa~paa~aaa~ z ,~ ~~az~a~da~~~~. z~ ~z~~~~'~`~~~~« ~~ ~~ .a a ~ ~ ~ z~ ~ .~ ~ ~ X40 E z 5 ••~ c~ M a ~d } ~ ~~~ ~t~~ ~ yb~ yam: .: fPA'. i 0 00 N Exhibit "B" ~Vi~. 1:. ~:i'r f: 2~l2JL~~. Z!J P.° 2= r~ Et~~dSYLV~t~di;~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SOVEREIGN BANK, N.A. FORMERLY KNOWN Court of Common Pleas AS SOVEREIGN BANK Plaintiff Civil Division v, CUMBERLAND County JUSTIN M. MOUNTZ No.: 10-7729 A!K/A JUSTIN MOUNTZ KELLI JO MOUNTZ Defendants RULE AND NOW, this °~~~' day of ~ 2012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT (~ ~ ~et,~ 258077 Exhibit "C" Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK, N.A. FORMERLY KNOWN ; AS SOVEREIGN BANK . Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County JUSTIN M. MOUNTZ No.: 10-7729 A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 20, 2012 .R.ule directing the Defendants to show cause as to why Plaintiff s Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ 50 NORTH GARFIELD ROAD MOHRSVILLE, PA 19541-9242 KELLI JO MOUNTZ 361 LONGVIEW RD POTTSTOWN, PA 19464-3442 DATE: JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ 63 RED TANK ROAD BOILING SPRINGS, PA 17007-9555 Phelan~t~~ ctimeg, LLP Allison F. Wells, Esquire Attorney for Plaintiff 258077 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK Plaintiff vs. JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.:10-7729 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. JUSTIN M. MOUNTZ AJK/A JUSTIN MOUNTZ KELLI JO MOUNTZ 50 NORTH GARFIELD ROAD MOHRSVILLE, PA 19541-9242 KELLI JO MOUNTZ 361 LONGVIEW RD POTTSTOWN, PA 19464-3442 DATE: JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ 63 RED TANK ROAD BOILING SPRINGS, PA 17007-9555 Phelan chmieg, LLP Allison F. Wells, uire Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _l Sheriff '` t f, zii � v t . l �1L G'sr�r�lr,�f�i�� Jody S Smith Chief Deputy i L"13 .HUH 12 A39 9. u Richard W Stewart Solicitor OFFICE OF TPE S!=ERIFF P EL-ti N S V L7 N 1 il 1 A Sovereign Bank vs. Case Number Justin M. Mountz (et al.) 2010-7729 SHERIFF'S RETURN OF SERVICE 06/22/2012 04:05 PM -Deputy Michael Barrick, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 63 Red Tank Road, South Middleton, Boiling Springs, PA 17007, Cumberland County. 06/22/2012 04:05 PM -Deputy Michael Barrick, being duly sworn according to law, attempted service to the Defendant, to wit: Kelli Jo Mountz at 63 Red Tank Road, South Middleton Township, Boiling Springs, PA 17007. The address was found to be vacant. 07/03/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Kelli Jo Mountz, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 63 Red Tank Road, Boiling Springs, PA 17007, address is vacant, defendant did not leave a forwarding with the post office. 09/04/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 1117/2012 10/25/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/9/2013 01/09/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on January 9, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Francis Hallinan, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $811.20 SO ANSWERS, June 11, 2013 RbNW R ANDERSON, SHERIFF W. (c)CountySuite Sheriff,Teleosofl,Inc. SOVEREIGN BLANK, N.A. F/K/A SOVEREIGN BANK COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 10-7729 JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ Defendant(s) CUMBERLAND COUNTY PHS #258077 AFFIDAVIT PURSUANT TO RULE 3129.1 SOVEREIGN BANK,N.A.F/K/A SOVEREIGN BANK,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 63 RED TANK ROAD,BOILING SPRINGS,PA 17007-9555. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably �rtainezi�piease�o�i�iicate JUSTIN M.MOUNTZ A/K/A JUSTIN MOUNTZ 50 NORTH GARFIELD ROAD MOHRSVILLE,PA 19541-9242 KELLI JO MOUNTZ 63 RED TANK ROAD BOILING SPRINGS,PA 17007-9555 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) METROPOLITAN EDISON COMPANY 2121 SULLIVAN TRAIL EASTON,PA 18040 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 63 RED TANK ROAD BOILING SPRINGS,PA 17007-9555 JUSTIN MOUNTZ C/O VINCENT M. 155 S HANOVER ST MONFREDO,ESQUIRE CARLISLE,PA 17013 KELLI JO MOUNTZ C/O CHARLES E. 3528 BRISBAN ST PETRIE,ESQUIRE HARRISBURG,PA 17111 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities Date: By: elan Hallinan&Schmieg,LLP ohn Michael Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK COURT OF COMMON PLEAS t • Plaintiff CIVIL DIVISION VS. NO.: .10-7729 JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JUSTIN M. MOUNTZ KELLI JO MOUNTZ A/K/A JUSTIN MOUNTZ 63 RED TANK ROAD 50 NORTH GARFIELD ROAD BOILING SPRINGS, PA 17007-9555 MOHRSVILLE, PA 19541-9242 - **THIS fRWIS-A-DEBT-COL-LECTOR ATTET"TING-Tt)COLLECT-A-DEBT-AND-ANY-INFOTtNMIEON-()BTAUqM WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house(real estate)at 63 RED TANK ROAD,BOILING SPRINGS,PA 17007-9555 is scheduled to be sold at the Sheriff s Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$328,799.62 obtained by SOVEREIGN BANK,N.A.F/K/A SOVEREIGN BANK(the mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale,you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF TILE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten(10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800) 990-9108 , n . SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-7729 SOVEREIGN BANK,N.A. F/K/A SOVEREIGN BANK vs. JUSTIN M. MOUNTZ A/K/A JUSTIN MOUNTZ KELLI JO MOUNTZ owner(s) of property situate in the TOWNSHIP OF SOUTH MIDDLETON, Cumberland County, Pennsylvania,being (Municipality) 63 RED TANK ROAD, BOILING SPRINGS, PA 17007-9555 Parcel No. 40-12-0342-010 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $328,799.62 Phelan Hallinan&Schmieg,LLP Attomey for Plaintiff 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THOSE TWO CERTAIN tracts of land situate in the Township of South Middleton,County of Cumberland and Commonwealth of Pennsylvania,bounded and described as follows: TRACT NO. 1,NORTH BEGINNING at a railroad spike set 1.5 feet west of the centerline of the Red Tank Road and on the northern line of the Philadelphia,Harrisburg and Pittsburgh Branch of the Conrail Railroad;thence by the northern line of said railroad,North 81 degrees 04 minutes 461.03 feet to a capped iron pin;thence by a curve to the right with a radius of 1,910.08 feet,an arc length of 406.16 feet to a capped iron pin;thence by same,North 68 degrees 53 minutes West,292.95 feet to a capped iron pin;thence by land now or formerly of PPG Industries,North 16 degrees 38 minutes 53 seconds East,741.37 feet to an existing concrete monument; thence by same,South 74 degrees 49 minutes 37 seconds East,598.77 feet to an existing buried spike 1 foot East of the center line of the said Red Tank Road;thence in said road,South 00 degrees 21 minutes 03 seconds East,21.28 feet to an existing railroad spike 1.5 feet East of the center line of said road;thence by same,South 00 degrees 34 minutes 14 seconds West, 182.70 feet to a railroad spike along the West edge of the macadam of said road;thence in said road, South 23 degrees 21 minutes 04 seconds East,86.80 feet to an existing buried spike 1.3 feet West of center line of said road;thence by same,South 27 degrees 46 minutes 25 seconds East, 114.72 feet to a p.k.nail in the center line of said road;thence by same, South 29 degrees 29 .minutes 15 seconds East,257.91 feet to a p.k.nail set in the center line of said road;thence by same,South 30 degrees 05 minutes 46 seconds East, 156.70 feet to a p.k.nail in the center of said road;thence by same, South 26 degrees 01 minute 46 seconds East,81.52 feet to a p.k.nail set in the center of said road;thence by same, South 08 degrees 09 minutes 43 seconds East, 17.50 feet to a railroad spike set 1.5 feet West of the center line of said road,the place of BEGINNING. BEING improved with a 2-1/2 story brick and frame house,frame barn,frame sheds,cribs and other outbuildings known and numbered as 63 Red Tank Road,Boiling Spring,Pennsylvania. BEING Lot No. 1,North,on the Final Subdivision Plan for Harold A.Wide and Anna M.Wise,his wife, which said Subdivision Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania,in Plan Book 48,page 83. TRACT NO. 1,SOUTH Agent's File Number:BW07-9048 BEGINNING at a capped iron pin on the southern line of Philadelphia,Harrisburg and Pittsburgh Branch of the Conrail Railroad,said capped iron pin being 438.12 feet South 81 degrees 04 minutes West of a railroad spike in the center line of Red Tank Road and said capped iron pin,being the northwest corner of land now or formerly of Franklin S.Rhinehart,Jr.and wife;thence along said Rhinehart land,South 19 degrees 26 minutes 02 seconds West, 609.59 feet to an iron pipe;thence by same,North 60 degrees 33 minutes 09 seconds West, 151.07 feet to an iron pipe;thence by same,North 42 degrees 40 minutes 10 seconds West, 101.73 feet to an iron pipe;thence by same,North 68 degrees 17 minutes 18 seconds West,765.95 feet to an iron pipe;thence by land now or formerly of J.Frank Wilson and wife,North 17 degrees 14 minutes 39 seconds East,399.79 feet to an iron pin at old fencepost;thence by same,North 87 degrees 36 minutes 32 seconds East,207 feet to a capped iron pin on the southern line of said railroad;thence by the southern line of said railroad,South 68 degrees 53 minutes East,369.73 feet to a capped iron pin;thence by same on a curve to the left,with a radius of 1,970.08 feet,an arc distance of 418.92 feet to a capped iron pipe;thence by same, South 81 degrees 04 minutes East,41.36 feet to a capped iron pin,the place of BEGINNING. BEING Lot No. 1,South,on said Subdivision Plan. UNDER AND SUBJECT to a Metropolitan Edison Company Right of Way over the southern part thereof as indicated and shown on said Plan. TOGETHER with a 30 foot wide easement for the maintenance,repair and replacement of the spring houses and water lines as shown on said Subdivision Plan,and as set forth in paragraph 2 of the Notes and Site Data, and the Certification of Title on said Subdivision Plan,except that in said Certification,Lots Nos. 1 and 2, should be Lots No. 1,North and No. 1, South,and that Lot No.3 should be Lot No. 2. TITLE TO SAID PREMISES VESTED IN Justin M. Mountz and Kelli Jo Mountz,h/w, by Deed from Kelli Jo Mountz, dated 11/02/2007, recorded 12/03/2007 in Instrument Number 200744829. PREMISES BEING: 63 RED TANK ROAD,BOILING SPRINGS,PA 17007-9555 PARCEL NO.40-12-0342-010 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 10-7729 Civil COUNTY OF CUMBERLAND) CIVIL ACTION-LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK,N.A. F/K/A SOVEREIGN BANK Plaintiff(s) From JUSTIN M.MOUNTZ A/K/A JUSTIN MOUNTZ,KELLI JO MOUNTZ (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 garnishees) 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: $328,799.62 L.L.: $.50 Interest FROM 1/24/2012 TO DATE OF SALE($54.05 PER DIEM)-$12,215.30 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $266.40 Other Costs: Plaintiff Paid: Date: APRIL 19,2012 M �� David D. B ell,Prothonota (Seal) By: Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK,ESQUIRE Address: PHELAN HALLINAN& SCHMIEG,LLP 1617 JFK BOULEVARD,SUITE 1400 PHILADELPHIA,PA 19103 Attorney for: RECORD PLAINTIFF TRUE COSY FROM Telephone: 215-563-7000 In Testimony whereof, I here unto set my hand Supreme Court ID No.308877 and the::seaal.of said Co rt�t Carlisle Pa. o This_.1—c-day of /� r �P�rot�hono`ary On April 23, 2012 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, known and numbered 63 Red Tank Road, Boiling Springs, PA 17007 more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: April 23, 2012 By: P) (\4, Claudia Brewbaker, Real Estate Coordinator 6 E •G "v' 0 Z CUMBERLAND LAW JOURNAL Writ No. 2010-7729 Civil Term Sovereign Bank VS. Justin M. Mountz Kelli Jo Mountz Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-7729 SOVEREIGN BANK, N.A. f/k/a SOVEREIGN BANK vs. JUSTIN M. MOUNTZ a/k/a JUS- TIN MOUNTZ KELLI JO MOUNTZ owner(s) of property situate in the TOWNSHIP OF SOUTH MIDDLETON, Cumberland County, Pennsylvania, being 63 RED TANK ROAD,BOILING SPRINGS,PA 17007-9555 Parcel No. 40-12-0342-010. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$328,799- .62. 74 4' 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: July 27, August 3, and August 10, 2012 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. r r Vsa Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 10 day of August,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 e a rlo 'w ews Suiti 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Te chnology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which-is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M",Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 07127112 2010-7729 Chdi Term 08103/12 SOVOr8liln Bank Vs 08/10/12 Justin M.Mountz Kelli Jo Mount t Atty. Daniel Schmfeq . . . . . . . . . . . . . . . . . . . . . . . . . BY virtue Ofa Writ of Execution NO.10- 7729 SOVEREIGN BANK N.A.F/&A Sworn to d bsc lbed befo me 17 da f A gust, 2012 A.DI SOVEREIGN BANK VS. JUSTIN M.MOUNTZ A/K/A JUSTIN MOUNTZ KELLI jo MOUNn owner(s)of property situate in the Notary Public TOWNSHIP OF SOUTH MIDDLETON Cumberland County,Pennsylvania,being (Municipality) 63 RED TANK ROAD,BOILING COMMONWEALTH OF PENNSYLVANIA SPRINGS,PA 17007-9555 Parcel No.40. Notarial Seal 12-0342-010 OMMENMEM Sherrie L.Owens,Notary Public (Acreage or street address) Lower Paxton Twp.,Dauphin County Improvements thereon:RESIDENTIAL My Commission Expires Nov.26.2015 DWELLING I JUDGMENT AMOUNT.-$34799.62 MEMBER,PENNSYLVANIA ASSOCIATION Of NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mtg Assoc is the grantee the same having been sold to said grantee on the 9th day of January A.D., 2013, under and by virtue of a writ Execution issued on the 19th day of April, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 7729, at the suit of Sovereign Bank N A against Justin M aka Justin Mountz and Kelli Jo Mountz is duly recorded as Instrument Number 201319206. IN TESTIMONY WHEREOF, I have hereunto set my hand eal of said office this day of A.D. � r ecorder of Deeds taw% PA I�Catmj1d" ftRdM0n"G1j =4