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Home My WebLink About10-7730Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 Plaintiff v. HARRY R. FELTENBERGER 30 WESTWOOD COURT ENOLA, PA 17025-1509 Defendant FlLE~I-OFfi iC~ ~F T~;= P~?OT~?l~P~l? i~~~} 7Qi~C?~E; 16 ~t~fl~ ~3 nl.1F'1BERLA~rD C~~~~~ ; ,, ATTORNEY FOR PLAINTIFF 258084 COURT OF COMMON PLEAS CIVIL DIVISION TERM No. 1b=130 CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 258084 ~~q~ ~ 5 ~~~a5a°~ 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 #: 258084 1. Plaintiff is SOVEREIGN BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) aze: HARRY R. FELTENBERGER 30 WESTWOOD COURT ENOLA, PA 17025-1509 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/14/2007 HARRY R. FELTENBERGER 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. 200736112. 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 aze 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 aze collectible forthwith. File #: 258084 6. The following amounts are due on the mortgage: Principal Balance Interest 07/01 /2010 through 11 / 19/2010 Late Charges through 11/19/2010 Property Inspections/Property Preservations Subtotal Escrow Credit TOTAL 7. $139,281.58 $3,457.14 $182.00 $10.35 $142,931.07 87.90 $142,843.17 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 258084 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $142,843.17, together with interest from 11/19/2010 at the rate of $24.6917 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 & SCHMIEG, LLP _~._. ~° ~,..._. B. ence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff File #: 258084 LEGAL DESCRIPTION ALL THOSE CERTAIN tract of land situated, lying and being in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Westwood Court, at the division line between Lots Nos. 43 and 44 on the hereinafter mentioned Plan of Lots; thence along said division line North 80 degrees, 50 minutes 40 seconds East, 114.39 feet to a point at the division line between Lots Nos. 44 and 45 on said Plan; thence along said division line, South 09 degrees, 09 minutes 20 seconds East, 87.86 feet to a point on the Northern line of Westwood Court; thence along the northern line of Westwood Court by a curve having a radius of 125.00 feet in a northwesterly direction, 153.74 feet to a point, the Place of BEGINNING. CONTAINING 7,270.97 Square feet. HAVING thereon erected a townhouse, known and numbered as 30 Westwood Court, Enola, Pennsylvania 17025 BEING, the same premises which was conveyed to Judith S. Tyler, by deed dated, August 23, 2000, and recorded in the said Recorder's office in Record Book 228, Page 305. PROPERTY ADDRESS: 30 WESTWOOD COURT, ENOLA, PA 17025-1509 PARCEL # 09-12-2992-109 File #: 258084 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a ver. ification 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. ey for Plaintiff DATE: File #: 258084 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor v4tttt??' of t:attr??trf.??? PRO a rui.c. ? y,i "610 DEC 27 WC: CUMB ERLAND PENNSYLVAt, Sovereign Bank Case Number vs. 2010-7730 Harry R. Feltenberger SHERIFF'S RETURN OF SERVICE 12/20/2010 04:10 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, state at on December 20, 2010 at 1610 hours, he served a true copy of the within Complaint in Mort ag Foreclosure, upon the within named defendant, to wit: Harry R. Feltenberger, by making no n unto Jessica McGuire, adult in charge at 30 Westwood Court, Enola, Cumberland P nnsIihe vania 17025 its contents and at the same time handing to her personally the said true and rrp c y of same. SHAWN HARRISON, SHERIFF COST: $41.50 December 21, 2010 SO ANSWERS, RON ~ R ANDERSON, SHERIFF (c coUrnos:,r,9 S'ent`. Ta'. 0 :;"; R. I;,:;. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-7730 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK Plaintiff (s) From HARRY R. FELTENBERGER (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 $144,522.21 L.L.$.50 Interest from 1/27/11 to Date of Sale ($23.76 per diem) - - $2,993.76 Atty's Comm % Due Prothy $2.00 Atty Paid $174.00 Other Costs Plaintiff Paid Date: 2/22/11 David D. B 41, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: ALLISON F. WELLS ESQUIRE Address: P14ELAN HALLINAN & SCHMIEG, LLP 1617 BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 SOVEREIGN BANK Plaintiff v HARRY R. FELTENBERGER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-7730 CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 01/27/2011 to Date of Sale ($23.76 per diem) TOTAL Attorney for $144,522.21 "n -dt 2 993.76 =M r r- - ?= am 147 5 -? =Q aC_j `i -= o CrN -Ytrel- Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 227 ? Francis S. Hallinan, Esq., Id. No,. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 (;) Note: Please attach description of property. PHS # 258084 niA. to Ri ON N1.50 UP etOLDD a /r 114-DO `*i/ 02. so ktIt CO. wqopt .S i 4 Do ?D a+kj . so LL CW os 493 amass "S 1 i 7? I C S 1,j-eA b a? a? y Q. a. x 3 W Q 0 > r4 W w a? v Oa w O U W ? L 9 Z W b w top ?a ? w w 60 U ? > a w w C7 E, w ? N 8 aA? w0- M 00 CN} N?? ;;t- tMr.M Ch N?a m?.?.O?OMN ?zNN ?v'f 0 O G 6 z?z-+Oh00 N??O C? p Oz$M .Z-d p Gza?oZ,'C! cz.?,., Oz Hl .zzb aal ..+ ? z z ?. ? .? Q, b 0 -d -d MC7?H?r?dv?iti? °? a?a1? 1311?131313?1300 Clo ? Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff V. HARRY R. FELTENBERGER Defendant(s) FILED-DF FIGe 2011 FEB 22 VA 10.56 CUMB NNSYLV ANIA T` ?' E CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-7730 : 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 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. AY' _e for Pla' iff Phelan Hallinan chmieg, 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Amffe_?'v C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 SOVEREIGN BANK Plaintiff V. HARRY R. FELTENBERGER Defendant(s) FILED-OFFICE. 'HE PRO T HONOTAi c 2911 FEB 22 AM 10' f;U PENNS LVAN A T : COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-7730 CUMBERLAND COUNTY PHS # 258084 AFFIDAVIT PURSUANT TO RULE 3129.1 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 30 WESTWOOD COURT, ENOLA, PA 17025-1509. 1. Name and address of Owner(s) or reputed Owner(s): Name HARRY R. FELTENBERGER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 30 WESTWOOD COURT ENOLA, PA 17025-1509 Address (if address cannot be reasonably ascertained, please so indicate) 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) SOVEREIGN BANK SOVEREIGN BANK C/O FISERV LENDING SOLUTIONS SOVEREIGN BANK 450 PENN STREET READING, PA 19602 P.O. BOX 2590 CHICAGO, IL 60690 MAIL STOP 10-421-CP2, 450 PENN STREET READING, PA 19602 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 30 WESTWOOD COURT ENOLA, PA 17025-1509 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 COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 ATTENTION: JOHN MURPHY 6' FL, STRAWBERRY SQ. DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 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: Z// 7 7 / --r Attorney for Plaintiff Won ieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62208" ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 210-fison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ` p?'F1CL SOVEREIGN BANK ?1L???TNpKpTA i COURT OF COMMON PLEAS ???' THE P - 7Q,, m 2Z NIA 10' Aaintiff HARRY R. FELTENBERGER VS. rUMBERLA1A0 COUNTY PE14tiSYL`4ANIA : CIVIL DIVISION NO.: 10-7730 Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: HARRY R. FELTENBERGER 30 WESTWOOD COURT ENOLA, PA 17025-1509 "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 30 WESTWOOD COURT, ENOLA, PA 17025-1509 is scheduled to be sold at the Sheriff s Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $144,522.21 obtained by 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 Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-7730 SOVEREIGN BANK VS. HARRY R. FELTENBERGER owner(s) of property situate in the EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 30 WESTWOOD COURT. ENOLA. PA 17025-1509 Parcel No. 09-12-2992-109 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $144,522.21 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THOSE CERTAIN tract of land situated, lying and being in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Westwood Court, at the division line between Lots Nos. 43 and 44 on the hereinafter mentioned Plan of Lots; thence along said division line North 80 degrees, 50 minutes 40 seconds East, 114.39 feet to a point at the division line between Lots Nos. 44 and 45 on said Plan; thence along said division line, South 09 degrees, 09 minutes 20 seconds East, 87.86 feet to a point on the Northern line of Westwood Court; thence along the northern line of Westwood Court by a curve having a radius of 125.00 feet in a northwesterly direction, 153.74 feet to a point, the Place of BEGINNING. CONTAINING 7,270.97 Square feet. HAVING thereon erected a townhouse, known and numbered as 30 Westwood Court, Enola, Pennsylvania 17025 UNDER AND SUBJECT to a Declaration of Restriction of record, recorded in Miscellanious Book 442 Page 1006, and further under and subject to easements, restrictions, reservations, conditions and rights-of- way of record and as shown on the above mentioned Plan of Lots, including but not limited to set back lines. UNDER AND SUBJECT FURTHER to a 5 foot pedestrian access easement which runs along the eastern boundary line of the above described Lot. UNDER AND SUBJECT, NEVERTHELESS to the conditions, restrictions, agreements, easements, rights of way, encumbrances and all other matters of record. TITLE TO SAID PREMISES IS VESTED IN Harry R. Feltenberger, by Deed from Linda M. HaJar, Executrix of the Last Will and Testament of Judith Ann Tyler, dated 09/14/2007, recorded 09/17/2007 in Instrument Number 200736111. PREMISES BEING: 30 WESTWOOD COURT, ENOLA, PA 17025-1509 PARCEL NO. 09-12-2992-109 r ILED-0 F I G E 1= I E PR0TH0N0TARY 2011 FEB 28 AM 8: 11 'CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff VS. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-7730 HARRY R. FELTENBERGER CUMBERLAND COUNTY Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHS #: 258084 TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: f/L ? awrence T. Phelan, Esq.. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Date: 2-23-11 PHS #: 258084 VERIFICATION Tonya Samuel, hereby states that she is a Supervisor of, SOVEREIGN BANK, servicing agent for Plaintiff in this matter, that she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: Tonya S el Supervisor Servicer: SOVEREIGN BANK File #: 258084 Name:FELTENBERGER Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff VS. HARRY R. FELTENBERGER Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-7730 : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: PHS #: 258084 HARRY R. FELTENBERGER 30 WESTWOOD COURT ENOLA, PA 17025-1509 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ? Lawrence T. Phelan, Esq., Id No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Date: 2-23-11 PHS #: 258084 +? ?.J-Or e• t?: Y ?w i; 1-1 H 0 N Orel, . 2 ! € NAR 30 A 10: 11; CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County HARRY R. FELTENBERGER No.: 10-7730 Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES 258084 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on December 16, 2010. 2. Judgment was entered on January 28, 2011 in the amount of $144,522.21. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a. default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 1, 2011. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $139,281.58 Interest Through June 1, 2011 $8,251.70 Per Diem $24.50 Late Charges $182.00 Legal fees $1,325.00 Cost of Suit and Title $820.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $51.75 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $0.00 TOTAL $149,912.03 258084 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on March 21, 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 258084 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. -?I?A I I DATE: Phelan Hallinan & Schmieiz, LLP By: U Lawrence T. Phelan Es d. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 YS dith T. Romano, Esq., Id. No. 58745 R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 258084 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff V. HARRY R. FELTENBERGER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-7730 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 258084 I. BACKGROUND OF CASE HARRY R. FELTENBERGER executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 30 WESTWOOD COURT, ENOLA, PA 17025-1509. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit f'or monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 258084 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 Cion oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal 258084 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to 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). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be 258084 charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent. of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville 258084 Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 258084 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 258084 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, I LP 1 DATE: I By: - ? Lawrence T. Phel E , Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? dith T. Romano, Esq., Id. No. 58745 ZSSheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq.„ Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id,. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff 258084 Exhibit "A" 258084 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id..No. 87077 Lauren R. Tabas, Esq., YIdTo. 93337 Vivek Srivastava, Esq.,', i ?o. 202331 Jay B. Jones, Esq., Id Nod` $ Peter J. Mulcahy, Esq., Id. No. 61 9'1 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK V5. Attorney for Plaintiff CUMBERLAND COUNTY G Pr1 crJ -r ? C.?7 COURT OF COMMON PLEAS HARRY R. FELTENBERGER CIVIL DIVISION No. 10-7730 PRAECIPE FOR' N REM JUDGMENT FOR FAILURE O ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: N O w N cc N Kindly enter judgment in favor of the Plaintiff and against HARRY R. FELTENBERGERR 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: 258084 CD -n C -rt o As set forth in Complaint $142,843.17 Interest - 11/20/2010 to 01/26/2011 $1,679.04 TOTAL $144,522.21 I hereby certify that (1) the Defendant's last known address is 30 WESTWOOD COURT, ENOLA, PA 17025-1509, and (2) that notice has been given i a cordance with Rule X37.1, copy attached. ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ?1jaime Jay B. Jones, Esq., Id. No. 86657 eter J. Mulcahy, Esq., Id. No. 61791 ndrew L. Spivack, Esq., Id. No. 84439 McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 258084 PROTHONOTARY 258084 Exhibit "B" 258084 N 00 00 A ° ?n A w N O 1 00 v O L.A A w r z co a? a 00 CD ? A. CD ? o w x ? 00 ° o oro I N r a. z rm ?cl ol S -n ? o O 0 < A O ? CL r.L n y W ow N d r o x. 3 ° o ? o o n3 -n ? ? rb n .co ? N c ? d ?r 3 ? c? io J o' ?? ? m G CII < S H `< O N C rr N a o Q O N N N ? d w n X ? N b w a '. ? N d v ? r N ? o 3 m w 3 ? " ' .y. m ? _- °'o C7 OQ G a ? a ?P? ?T9 m 0 O G' r 7 PITNEY HOWLS CC 02 1M $ 01.260 0004277256 MAR 21 2011 fD MAILED FROM ZIP CODE 1910 3 oYz ?+ G .Aye -mss d 0 b n A O O 'b a z r z z R. x r? C) r r b 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 March 21, 2011 HARRY R. FELTENBERGER 30 WESTWOOD COURT ENOLA, PA 17025-1509 RE: SOVEREIGN BANK v. HARRY R. FELTENBERGER Premises Address: 30 WESTWOOD COURT ENOLA, PA 17025 CUMBERLAND County CCP, No. 10-7730 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by March 28, 2011. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very trul >ur Lawrence T. elan, Es uire Francis S. Hall quire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire ieetal R. Shah-Jani, Esquire Jenme R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire William E. Miller, Esquire Enclosure VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, UP DATE: ?j By: ? Lawrence T. Phela Es d. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Jith T. Romano, Esq., Id. No. 58745 R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id„ No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 258084 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff V. HARRY R. FELTENBERGER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-7730 CERTIFICATION OF SERVICE 258084 I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. HARRY R. FELTENBERGER 30 WESTWOOD COURT ENOLA, PA 17025-1509 Phelan Hallinan & Schmieg, LLP 1 DATE: By: ? Lawrence T. Phel , 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 Q Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 258084 SOVEREIGN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF C ° n rn W as rn- V. _ ?nm t d0 HARRY R. FELTENBERGER, .<> ?.x ?c) DEFENDANT NO. 10-7730 CIVIL !zr:) Z o - r ORDER OF COURT 5;c= w o -< c-n AND NOW, this 1St day of April, 2011, upon consideration of the Plaintiff' s Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before April 21, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, Sheetal R. Shah-Jani, Esquire Attorney for Plaintiff Harry R. Feltenberger Defendant M. L. Ebert, Jr., li-a J. bas a..A lJ C f i'T 'f ,a) Tf70'Cl 1A}C't' 201111PI, 12 AN I1: 4 9 CUIMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County HARRY R. FELTENBERGER No.: 10-7730 Defendant CERTIFICATION OF SERVICE 258084 I hereby certify that a true and correct copy of the Court's April 1, 2011 Order was sent to the following individuals on the date indicated below. HARRY R. FELTENBERGER 30 WESTWOOD COURT ENOLA, PA 17025-1509 Phelan Hallinan & Schmieg, LLP DATE: By: kz;?w ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Ajjison F. Wells, Esq., Id. No. 309519 illiam E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 258084 Y 31L Phelan allinan & Schmieg, LLP By: La ence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michel M. Bradford, Esq., Id. No. 69849 Judith . Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jam, Esq., Id. No. 81760 Jenne R . Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek S rivastava, Esq., Id. No. 202331 Jay B. J nes, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andre L. Spivack, Esq., Id. No. 84439 Chrisov lante P. Fliakos, Esq., Id. No. 94620 Joshua . Goldman, Esq., Id. No. 205047 Courte y R. Dunn, Esq., Id. No. 206779 Andre C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 Willi E. Miller, Esq., Id. No. 308951 1617 JF Boulevard, Suite 1400 One Pen n Center Plaza Philadel phia, PA 19103 215-563 -7000 GN BANK Plaintiff HARRY] R. FELTENBERGER Defendant i t s L) IA C .. 0 CUMBERLAND PENNS LV,''-%thIi?'A ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-7730 MOTION TO MAKE RULE ABSOLUTE 258084 SOVEREIGN BANK, by and through its attorney, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute m the above- captioned action, and in support thereof avers as follows: A Motion to Reassess Damages was filed with the Court on March 30, 2011. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 21, 2011 and request4d the Defendant's Concurrence. Plaintiff did not receive any response from the Defen4nt. 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. A Rule was issued by the Honorable M.L. Ebert, Jr. on or about April 1, 2011 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted; A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit. The Rule to Show Cause was timely served upon all parties on April 11, 2011 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certific4te of Service is attached hereto, made part hereof, and marked Exhibit C. Defendant failed to respond or otherwise plead by the Rule Returnable date of April 211, 2011. 258084 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE:I ) l By Phelan inan & Schmieg, LLP ? La ence 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 4auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 258084 Phelan allinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michel M. Bradford, Esq., Id. No. 69849 Judith . Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisov lante P. Fliakos, Esq., Id. No. 94620 Joshua . Goldman, Esq., Id. No. 205047 Courten y R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison .17. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JF Boulevard, Suite 1400 One Pe Center Plaza Philadelphia, PA 19103 215-563 7000 SOVEREIGN BANK Plaintiff HARRY R. FELTENBERGER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-7730 ON TO MAKE RULE ABSOLUTE 258084 A Motion to Reassess Damages was filed with the Court on March 30, 2011. A Rule was entered by the Court on or about April 1, 2011 directing the Defendants to show cause why the Motion Ito Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on April 11, 2011 in accordance with the applicable rules of civil procedure. failed to respond or otherwise plead by the Rule Returnable date of April 21, 2011. Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phel linan & Schmieg' LLP DATE: O l? By: ? La ence 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 ? auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 258084 Exhibit "A" 258084 A 0 00 tr) N a a a cti i11 V old Q a z a. F I G7 U. G4 A c o? 6 z a b Q PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey March 21, 2011 HARRY R.FELTENBERGER 30 STWOOD COURT EN LA. PA 17025-1509 RE: and V SOVEREIGN BANK v. HARRY R. FELTENBERGER Premises Address: 30 WESTWOOD COURT ENOLA, PA 17025 CUMBERLAND County CCP, No. 10-7730 Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages )rder. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your irrence with the requested relief that is, increasing the amount of the judgment. Please nd to me within 5 days, by March 28, 2011. Should you have further questions or concerns, please do not hesitate to contact me. rwise, please be guided accordingly. truly-your!?,,,, i k.... V La nce T. lan, I-s wire Francis S. Hall wire Dani 1 G. Schmieg, Esquire Mic ele M. Bradford, Esquire Judi T. Romano, Esquire iee al R. Shah-Jani, Esquire Jeni a R. Davey, Esquire Lauri n R. Tabas, Esquire Vive Srivastava, Esquire Jay 11. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire C 'sovalante P. Fliakos, Esquire Joshua. I. Goldman, Esquire Co enay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire William E. Miller, Esquire Exhibit "B" 258084 SOVEREIGN BANK, PLAINTIFF V. R. FELTENBERGER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DEFENDANT : NO. 10-7730 CIVIL !. ORDER OF COURT AND NOW, this 1's1 day of April, 2011, upon consideration of the Plaintiff's Motion to Reas ess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not granted; 2. The Defendant will file an answer on or before April 21,, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be mad Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will dete nine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, lqa ?' i VI. M. L. Ebert, Jr., - J. Harry bas it R. Shah-Jana, Esquire :y for Plaintiff Z. Feltenberger aToo Exhibit "C" 258084 Phe an Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Frar cis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judi T. Romano, Esq., Id. No. 58745 She tal R. Shah-Jani, Esq., Id. No. 81760 Je a R. Davey, Esq., Id. No. 87077 La en R. Tabas, Esq., Id. No. 93337 Viv k'Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Pete J. Mulcahy, Esq., Id. No. 61791 And ew L. Spivack, Esq., Id. No. 84439 Chri ovalante P. Fliakos, Esq., Id. No. 94620 Josh I. Goldman, Esq., Id. No. 205047 Co enay R. Dunn, Esq., Id. No. 206779 And ew C. Bramblett, Esq., Id. No. 208375 Alli on F. Wells, Esq., Id. No. 309519 Will am E. Miller, Esq., Id. No. 308951 161 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff V. RY R. FELTENBERGER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-7730 CERTIFICATION OF SERVICE 258084 I hereby certify that a true and correct copy of the Court's April 1, 2011 Order was sent to tie following individuals on the date indicated below. HAP,RY R. FELTENBERGER 30 ESTWOOD COURT ENO. PA 17025-1509 Phelan Hallinan & Schmieg, LLP DA' fl- `i - By: j J 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 0 Jenne R. Davey, Esq., Id. No. 87077 Q Lauren R. Tabas, Esq., Id. No. 93337 El Vivek Srivastava, Esq., Id. No. 202331 [] Jay B. Jones, Esq., Id. No. 86657 Q 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 F] Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 Lj,William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 258084 VERIFICATION make hereby state that I am the attorney for Plaintiff in this action, that I am authorized to .s verification, and that the statements made in the foregoing Motion to Make Rule are true and correct to the best of my knowledge, information and belief. The understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. DATE: §4904 relating to the unsworn falsification of authorities. Phelan Halli c ieg, LLP By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 /Shheet 1 R. Shah-Jani, Esq., Id. No. 81760 R. Davey, Esq., Id. No. 87077 R. Tabas, Esq., Id. No. 93337 Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 258084 Phelan allinan & Schmieg, LLP By: La ence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michel M. Bradford, Esq., Id. No. 69849 Judith . Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R . Davey, Esq., Id. No. 87077 Lauren . Tabas, Esq., Id. No. 93337 Vivek rivastava, Esq., Id. No. 202331 Jay B. J ones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andre L. Spivack, Esq., Id. No. 84439 Chriso lante P. Fliakos, Esq., Id. No. 94620 Joshua . Goldman, Esq., Id. No. 205047 Courte ay R. Dunn, Esq., Id. No. 206779 Andre C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JF Boulevard, Suite 1400 One Pe Center Plaza Philadel phia, PA 19103 215-563 -7000 GN BANK Plaintiff HARRY R.FELTENBERGER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-7730 CERTIFICATION OF SERVICE 258084 I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute and Briof in Support thereof were served upon the following individual on the date indicated below. HARRY R. FELTENBERGER 30 W ENO DATE TWOOD COURT , PA 17025-1509 (?q1a51t HARRY R. FELTENBERGER 410 AMHERST DRIVE HARRISBURG, PA 17109 Phelan HallPchmieg, LLP By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Je ' e R. Davey, Esq., Id. No. 87077 ? auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 258084 r/ 11ti'11 G 4la C4 /?rrfif?p?7a? ? J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA t i / SOVEREIGN BANK Plaintiff, v HARRY R. FELTENBERGER Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 10-7730 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto E it-"fA". ? Lawrence T. F&ejaW , 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 b J dith T. Romano, Esq., Id. No. 58745 ?heetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 .L,L I I Attorney for Plaintiff Date: ` IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Aim l0Eub IU,v? PHS # 258084 W V C C G c ?8 t b u Z <.o A • -} EO L6 L 3000dlZ WONJ 0311M 8 g w - .. LLOZ ZZ83d 9SZLLZb000 oz,ivo $ VU ZO • 77 o 401 S3MM A3MM ®rAl , O s3? y NS'Od a .on N w' o ' a 0 w l " .? I i ? ... N i y s. A ? 0 H vi ? 3 ? ? a A z d +r s. W yGy9 R w s v O v Q p o 'n" U ? . aka a w o °? ? ?+ AA z a ? ? e -- ? i O a PC ? o o ;o z? Hoa W ? 3 aa w o o4 a r,, ?.: 7 8 0 pd"?? f/loo Fz, N O ?h a a 7?? a Q a ?+ O W I taa , < ao ??n a v w L C 4. F3 ?A4N G you oc O h N p A ?,.., ? ['? ? w w?"? ,? O ..Q N U ?E ' • . , ` ` N Ap p o o .. w w ,., do •, WO? , , ? C1. O c0 ACw 3 y ; ,.: e ??ow o?{? 3N a? ??_ ? ?7 O ?p?poG? ? Do?°°O? ? ' ? Op ?N w ? ? .~L c o rem o ??$' a $ p,? ?? `" 04?? 00 Z p??FSCa ? N d W pGy? iC? ?. a e z Woz H • w M A p vw? Q Q a v?$N a ? ?iw ? ? O? wa g ? 3 p ? ? p0, ? ? , .. ?., ., wN ?ra voa d? AHr o4 v? a vzo4 Z F i 0 C U'l a W o ?Ia c ?a U z? a a a0a C w h C zoo I I ` J a I I I ?`?I 0 E u O EH?D C o ? s ? 3o0O aiz woad 0311dw } ;. L LOz LZ aVW 99ZLLZb000 W o9z" W VU z o C 3 E ?M1OY A3Nlld ®_ ,y? c c u c . u ? ? 3 a e'E TarEE fL y E o . 'Fn ro a. L R E c u g .". b T O m U ? F ??SS C'•1°'r 3 N O D? 0 y?y$a E Q Q A. s ??s owvi '-^ o ° o ? a a c o u ^ N '^ 'r ?I E J 69 Q: O 4 ? 7 U 0 0 ? 3 ? a w ? b 3 y W aw a ? F `s x zO a Z °a .o E Z ono U N V a ^' N M ?' h r 00 O? O N M ?' t ry F 00 0 00 N 4 -SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson u fS- Sheriff Jody SSmith Chief Deputy Pi?I Richard W Stewart Solicitor CL'MiBERLAND ? -, ?l?trt ?r(Sovereign Bank vs. Case Number Harry R. Feltenberger 2010-7730 SHERIFF'S RETURN OF SERVICE 03/11/2011 08:22 PM - Deputy Ronald Hoover, 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 30 Westwood Court, Enola, PA 17025, Cumberland County. 03/29/2011 Sheriffs Deputy, Amanda Cobaugh, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Harry R. Feltenberger at 30 Westwood Court, Enola PA, Cumberland County. 06/01/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County, Courthouse, Carlisle, PA on June 1, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Atty Daniel Schmieg, on behalf of, Federal Home Loan Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $754.11 August 01, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF acV.(I. )!314 j &"?2 ? 7 7 run-'s a Cr 5"en't. I n c"t. I n;;. 4 SOVEREIGNBANK Plaintiff V. HARRY R. FELTENBERGER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-7730 CUMBERLAND COUNTY PHS # 258084 AFFIDAVIT PURSUANT TO RULE 3129.1 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 30 WESTWOOD COURT, ENOLA, PA 17025-1509. 1. Name and address of Owner(s) or reputed Owner(s): Name , ,',`_`®ENBERGER 2. '•,anic and address of Defendant(s) in the judgment: Name SAME, AS ABOVE. Address (if address cannot be reasonably ascertained, please so indicate) 30 WESTWOOD COURT ENOLA, PA 17025-1509 Address (if address cannot be reasonably ascertained, please so indicate) 3. ; 'd last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Address (if address cannot be reasonably ascertained, please indicate) 4. ar Ind address of last recorded holder of every mortgage of record: Address (if address cannot be reasonably ascertained, please indicate) 450 PENN STREET READING, PA 19602 C/0 FISFRV LF I'ING P.O. BOX 2590 ` CHICAGO, IL 60690 '-OV ERE1GN BANK MAIL STOP 10-421-CP2, 450 PENN STREET READING, PA 19602 5. \ , x and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale' Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 30 WESTWOOD COURT ENOLA, PA 17025-1509 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA COMMONWEALTH OF PA 11 r ?? r' A I T OF INDIVIDUAL TAX h'. l I TAX DIVISION ii C A I?'I MENT OF PUBLIC WELFARE I; ASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 ATTENTION: JOHN MURPHY 6' FL, STRAWBERRY SQ. DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledgz° or information and belief. I understand that false statements herein are made subject to the penalties Of l 1904 relating to unsworn falsification to authorities. Date 1 4 Attorney for Plaintiff ieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62203' ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 11ison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 r SOVEREIGN BANK COURT OF COMMON. PLEAS Plaintiff : CIVIL DIVISION VS. NO.: 10-7730 HARRY R. FELTENBERGER Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: HARRY R. FELTENBERGER 30 WESTWOOD COURT ENOLA, PA 17025-1509 "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, t? """1tl SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." r Err house (real estate) at 30 WESTWOOD COURT, ENOLA, PA 17025-1509 is scheduled to be sold xi 1,heriff's Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $144,522.21 obtained by SOVEREIGN BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in comp?iancc° with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS Y' BE ABLE TO PREVENT THIS SHERIFF'S SALE r, this Sheriff's Sale, you must take immediate action: ii-ic hack payments, late charges, costs and r . S f ees due. 'fo find out how much you must pay, you may call: 215-563-7000x1230. to stof the gale by filir-fy z -, asking the Court to str ike or open the judgment, ?t aJS ernproperly entered. You may also ask the Court to postpone the sale for good cause. a. Vou may also be able to stop the sale through other legal proceedings. o ' 2.)' deed an attorney to assert your rights. The sooner you contact one, the more chance you will ha,,s A' slopping 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 prick:: ,iJ t),,v,,:ailing 215-563-7000. 2. Yuu 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. 10-7730 SOVEREIGN BANK vs. HARRY R. FELTENBERGER owner(s) of property situate in the EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) f FOOD COURT, ENOLA, PA 17025-1509 L)-12-2992-109 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $144,522.21 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 WK Boulevard, Suite 1400 Phi _,;i?&)hia, PA 19103 21` .'Sr, x-7000 LEGAL DESCRIPTION ALL THOSE CERTAIN tract of land situated, lying and being in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Westwood Court, at the division line between Lots Nos. 43 and 44 on the hereinafter mentioned Plan of Lots; thence along said division line North 80 degrees, 50 minutes 40 seconds East, 114.39 feet to a point at the division line between Lots Nos. 44 and 45 on said Plan; thence along said division line, South 09 degrees, 09 minutes 20 seconds East, 87.86 feet to a point on the Northern line of Westwood Court; thence along the northern line of Westwood Court by a curve having a radius of 125.00 feet in a northwesterly direction, 153.74 feet to a point, the Place of BEGINNING. CONTAINING 7,270.97 Square feet. A'?NG thereon erected a townhouse, known and numbered as 30 Westwood Court, Enola, 925 'Nj ( ?I R AND SUBJECT to a Declaration of Restriction of record, recorded in Miscellanious Book 442 1sagt,' i 006, and further under and subject to easements, restrictions, reservations, conditions and rights-of- way of record and as shown on the above mentioned Plan of Lots, including but not limited to set back lines. LJl H)ER AND SUBJECT FURTHER to a 5 foot pedestrian access easement which runs along the eastern boundary line of the above described Lot. UNDER AND SUBJECT, NEVERTHELESS to the conditions, restrictions, agreements, easements, rights of ?,ncumbrances and all other matters of record. -111TE_TO SAID PREMISES IS VESTED IN Harry R. Feltenberger, by Deed from Linda M. HaJar, oF,Tudith Ann Tyler, dated 09/14/2007, recorded 09/17/2007 in _`v umber 200736111. 1-0 WESTWOOD CGURT, ENOLA, PA 17025-1509 vAKCEL NO. 09-12-2992-109 WRIT OF EXECUTION and/or ATTACHMENT COMVJONWLALTH OF PENNSYLVANIA) NO 10-7730 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK Plaintiff (s) From HARRY R. FELTENBERGER (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 $144,522.21 L.L.$.50 Interest from 1/27/11 to Date of Sale ($23.76 per diem) - - $2,993.76 Atty's Comm % Due Prothy $2.00 Atty Paid $174.00 Other Costs Plaintiff Paid Date: 2/22/11 David D. B 11, Prothonota (Seal) Deputy REQUESTING PARTY: Name: ALLISON F. WELLS ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 7',. -a? RECORD In set mytww and the s'&; c ? Pd. This ePL a doy On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 30 Westwood Court, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 By: Real Estate-Coordinator CUMBERLAND LAW JOURNAL Writ No. 2010-7730 Civil Sovereign Bank VS. Harry R. Feltenberger Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-7730, SOVEREIGN BANK vs. HARRY R. FELTENBERGER, owner(s) of property situate in the EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being 30 WESTWOOD COURT, ENOLA, PA 17025-1509. Parcel No. 09-12-2992-109. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $144,522- .21. 21 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 29, May 6 and May 13 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. C r' isa Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 13 of May, 2011 Notary NOTARIAL L DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 Ne Patriot-News Co. 20 20 'Te.chri agy Pkwy Suite 300 Me,,hanicsburg, PA 17050 Iniluir?es - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ?e?lahiot News Now you know 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 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/22/11 04/29/11 2010.7M 4W fto 05/06/11 DIM Hopy R. @yvhwofaWritot2ft¢utimNo.10- Sworn to atubscribed before a this d of May, 2011 A.D. 773(1 " Sp[? BANK fi(g) rtyeeintcEAST Notary Public - 1'OWNSWP G`.?berland Coaary, Pte, being jo WESTWWb C01W ENO A, PA COMMONWEALTH OF PENNSYLVANIA 1701509 _ Parse/ ND. W12.2" Sherrie L KWw, Seal Notary Publk (AaeW or 900 *MW RESIDECIIAL Lower Paxton Twp., Da uphin County EMY commission Bores Nov. 26, 2011 f()D(31v 1+t1 A?1r[Ut7NT3]4/ 522 21 Member, PennsvNanla Msodatlon 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 Home Loan Mortgage Corporation is the grantee the same having been sold to said grantee on the 1 day of June A.D., 202011, under and by virtue of a writ Execution issued on the 22 day of February, A.D., 202011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 7730, at the suit of Sovereign Bank against Harry R. Feltenbeger is duly recorded as Instrument Number 201121372. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. 0?1-o l i Recorder of Dee Recorder of Deeds, Cu twwnd county, Carlisle, PA W Commission Expires the Fast Monday of Jan. 2014