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HomeMy WebLinkAbout10-7733Phelan 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 Boulevazd, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 257971 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 Plaintiff v. LYNNEA A. HALL 329 SALT ROAD ENOLA, PA 17025-2050 Defendant File #: 257971 „~ ~f ~tLED f~FFlC~. ~ ~ , 1t~{~ ~~~ j 6 ~~ 1 ~ ~~~gER~A~~ C~~~~~'tf ~~~-NS Yf.!!A~~,~, ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. I U --~~~~ CUMBERLAND COUNTY ~3~0 c~~ ~sas~ a 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 #: 257971 1. Plaintiff is SOVEREIGN BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: LYNNEA A. HALL 329 SALT ROAD ENOLA, PA 17025-2050 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/17/2006 LYNNEA A. HALL 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 Book No. 1959, Page 1927. 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 #: 257971 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 Mortgage Insurance Premium / Private Mortgage Insurance Escrow Deficit TOTAL 7 8. $160,515.49 $4,218.61 $200.84 $10.35 $69.59 151.14 $165,166.02 Plaintiff is not seeking a judgment of personal liability (or an in .nrersnnam 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 #: 257971 WHEREFORE, Plaintiff demands an in xem judgment against the Defendant(s) in the sum of $165,166.02, together with interest from 11/19/2010 at the rate of $30.1697 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 By: ^ L nce T. Phelan, Esq., d. No. 32227 ^ F is S. Hallinan, Esq., Id. No. 62695 ^ D 1 G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ udith 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 Attorneys for Plaintiff File #: 257971 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows: Beginning at a point in the State Highway Route No. 21074. locally known as Salt Road, said point being one hundred (100) feet south of the center line of State Highway Route No. 21-51; thence along other lands of grantors south forty-eight (48) degrees fifteen (15) minutes west one hundred fifty (150) feet to a point; thence along line of other lands now or formerly of Gutshall south forty-one (41) degrees forty-five (45) minutes east ninety-six and eight three on hundredths (96.83) feet to a point; thence by the ling of other lands now or formerly of Gutshall north forty- eight (48) degrees fifteen (15) minutes east one hundred fifty (150) feet to a point, in the center of Salt Road; thence in Salt Road north forty-one (41) degrees forty-five (45) minutes west ninety- six and eighty three one hundredths (96.83) feet to the point place of beginning. Being part of the same premises which Estate of William J. Flickinger, a.k.a. William J. Flickinger, Jr. By the Executrix Margaret L. Ertter, by deed dated 2/7/2005 and recorded 2/14/2005 in Cumberland County Record Book 267 Page 2612, granted and conveyed to Andrew E. Semancik and Dennis D. Semancik, d.b.a S & S Real Estate, Grantors herein. PROPERTY ADDRESS: 329 SALT ROAD, ENOLA, PA 17025-2050 PARCEL # 09-13-0999-019 File #: 257971 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 author DATE: ~ `~ File #: 257971 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff V ! F R Ci Jody S Smith Chief Deputy 7010 DEC 28 P 3: Richard for W Stewart CUMBERLM401 COM i `,' Solic PENNSYLVArHI Sovereign Bank I Case Number vs. 2010-7733 Lynnea A. Hall SHERIFF'S RETURN OF SERVICE 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: Lynnea A. Hall, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Lynnea A. Hall. Request for service at P.O. BOX 363, Enola, Pennsylvania 17025 the defendant was not found. The Enola Postmaster has advised Lynnea A. Hall currently resides at 78 Northview Drive, Mechanicsburg, Pennsylvania 17050. 12/21/2010 08:39 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on December 21, 2010 at 2039 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lynnea A. Hall, by making known unto herself personally, at 78 Northview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. Request for service at 329 Salt Road, Enola, Pennsylvania 17025 is vacant. SHERIFF COST: $71.50 December 22, 2010 RYAN BURGETT, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ,.`,. ?'C! Gou. tysuao Shenft. Te;'O' =Soft. I. 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 ? C:' r; Jay B. Jones, Esq., Id. No. 86657 -v3 ?. --+ ?.,.? Peter J. Mulcahy, Esq., Id. No. 61791 ' M r rnF Andrew L. Spivack, Esq., Id. No. 84439 ,r- -:? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 ° tee-. -?' Joshua I. Goldman, Esq., Id. No. 205047 z T' o Courtenay R. Dunn, Esq., Id. No. 206779 z v Andrew C. Bramblett, Esq., Id. No. 208375 -i; 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 : CUMBERLAND COUNTY VS. : COURT OF COMMON PLEAS LYNNEA A. HALL : CIVIL DIVISION : No. 10-7733 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against LYNNEA A. HALL, 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: aoly.bd N 0-117 g*'P' 4) 257971 N')t ct JUOkVA As set forth in Complaint $165,166.02 Interest -11/20/2010 to 02/04/2011 $2,323.07 TOTAL $167,489.09 I hereby certify that (1) the Defendant's last known address is 78 NORTHVIEW DR, MECHANICSBURG, PA 17050-7982, and mortgaged premises located at 329 SALT ROAD, ENOLA, PA 17025-2050, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ?- ` awrenc . Phelan, Esq., . No. 32227 C ? 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 ? Coiirtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 2'2?llison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1-1-11 PHS # 257971 PROTHONOTARY 257971 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 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 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. LYNNEA A. HALL : CIVIL DIVISION : No. 10-7733 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant LYNNEA A. HALL is over 18 years of age and last known address is 78 NORTHVIEW DR, MECHANICSBURG, PA 17050-7982, and mortgaged premises located at 329 SALT ROAD, ENOLA, PA 17025-2050. 257971 This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. February 4, 2011 U Lawren. Phelan, Esq., Id. No. 32227 cis 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 I'. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? ,An&ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff 257971 SOVEREIGN BANK V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-773:3 LYNNEA A. HALL Defendant(s) TO: LYNNEA A. HALL 78 NORTHVIEW DR MECHANICSBURG, PA 17050-7982 DATE OF NOTICE: January 19, 2011 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 257971 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 Ar By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plana Philadelphia, PA 19103 PHS # 257971 SOVEREIGN BANK V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-7733 LYNNEA A. HALL CUMBERLAND COUNTY Defendant(s) TO: LYNNEA A. HALL 329 SALT ROAD ENOLA, PA 17025-2050 DATE OF NOTICE: January 19, 2011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 257971 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Q",U ?tLV641/O 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 257971 (Rule of Civil Procedure No. 236) - Revised SOVEREIGN BANK CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS LYNNEA A. HALL CIVIL DIVISION : No. 10-7733 Notice is given that a Judgment in the above captioned matter has been entered against you on a-1 -11 By: If you have any questions concerning this matter please contact: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano„ Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, :Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Alidrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YO U HA VE PRE VIO USL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** 257971 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-7733 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK Plaintiff (s) From LYNNEA A. HALL (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 $167,489.09 L.L.$.50 Interest FROM 02/05/2011 to Date of Sale ($27.53 per diem) - - $3,221.01 Atty's Comm % Atty Paid S o1 b4. 00 Plaintiff Paid Date: 2/24/11 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Name: ALLISON F. WELLS, 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. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 SOVEREIGN BANK Plaintiff ? Andrew-C. Bramblett, Esq., Id. No. 208375 M-A lison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 . CIVIL DIVISION v LYNNEA A. HALL Defendant(s) . COURT OF COMMON PLEAS NO.: 10-7733 CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 02/05/2011 to Date of Sale ($27.53 per diem) TOTAL J 1 .? ?d a II.SO M 9g.00 % Li( N.00 "It 2.Sa u., .a a o?i: oo ?? a? Note: Please attach description of property. PHS # 257971 'T'P IN .. to Ae eb. 9 . so LL- it) 57718 I$51?50 $167,489.09 $3,221.01 --? rnuo -n r-'j CO : N : a C:3 C) i 17 -n =a a r' 3> Phera-n Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 322 ? Francis S. Hallinan, Esq., Id. No. 62 5 ? 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 ? Peier J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94u"0 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 N N ? y O y ? y O td ¢ w O W ?' a a? U Oa w ? H w O O? U z •? w W ?a ? 42 A O U ?U > a a. s. a s, w 9D basu 0 E a a?i xW? 3 ¢?z w O N y? a1 V1N? ?O o,Q?i?l?pMp .-? DD -. rt MNN"q '°°tMN ?"I*zON CC?iO f zo c dz oZo?oaNz? 0ZZ° o ,? zzbzb d d c,0 c cz b o "a b•6-o :5 zz,oz o rd ti rz •? ... y yb °"bb?z°b Q ?Wb.6 w fA C y Vi ?. fn > -0 ?ui??rq? w ovaC7U3W 141 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff V. LYNNEA A. HALL Defendant(s) 2 11 FEB 24 t;UMBER?- YL?A?vA?? pENNS CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-7733 : 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 unsworn falsification to authorities. Attorney- for P?laintiff.A l?keftm aiiillinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32 27 ? Francis S. Hallinan, Esq., Id. No. 6 695 ? 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 ? Courte ay R. Dunn, Esq., Id. No. 206779 ? A ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows: Beginning at a point in the State Highway Route No. 21074. locally known as Salt Road, said point being one hundred (100) feet south of the center line of State Highway Route No. 21-51; thence along other lands of grantors south forty-eight (48) degrees fifteen (15) minutes west one hundred fifty (150) feet to a point; thence along line of other lands now or formerly of Gutshall south forty-one (41) degrees forty-five (45) minutes east ninety-six and eight three on hundredths (96.83) feet to a point; thence by the ling of other lands now or formerly of Gutshall north forty-eight (48) degrees fifteen (15) minutes east one hundred fifty (150) feet to a point, in the center of Salt Road; thence in Salt Road north forty-one (41) degrees forty-five (45) minutes west ninety-six and eighty three one hundredths (96.83) feet to the point place of beginning. TOGETHER with all and singular the tenements, hereditaments and appurtenances to the same belonging, or in anywise appertaining and the reversion and reversions, remainder, rents, issues and profits thereof; AND ALSO all the estate, right, title, interest, property, claim and demand whatsoever, both in law and equity, of the said party of the first part, of, in, to or out of the said premises, and every part and parcel thereof. TITLE TO SAID PREMISES VESTED IN Lynnea A. Hall, (a single woman), by Deed from Andrew E. Semancik and Dennis D. Semancik, dba, S & S Real Estate, dated 07/17/2006, recorded 07/24/2006 in Book 275, Page 3949. PREMISES BEING: 329 SALT ROAD, ENOLA, PA 17025-2050 PARCEL NO. 09-13-0999-019 SOVEREIGN BANK Plaintiff V. LYNNEA A. HALL Defendant(s) j i?-1E C't?flFHO?t? rArc ? 2411 FEB 24 A" 14- 1 CUS4aE NSYLVAN11A pEN COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-7733 CUMBERLAND COUNTY PHS # 257971 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 329 SALT ROAD, ENOLA, PA 17025-2050. Name and address of Owner(s) or reputed Owner(s): Name LYNNEA A. HALL 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 78 NORTHVIEW DR MECHANICSBURG, PA 17050-7982 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) MEMBERS 1sT FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 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. 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 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA FIRST AMERICAN TITLE INSURANCE LENDERSADVANTAGE Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Attention: John Murphy Department of Public Welfare TPL Casualty Unit Estate Recovery Program 329 SALT ROAD ENOLA, PA 17025-2050 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 1100 SUPERIOR AVENUE, SUITE 200 CLEVELAND, OHIO 44114 6th Floor, Strawberry Square Dept. 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 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/ I L'zA I i / Attorney for Plaintiff mieg, 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. 6984/ 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 L Goldman, Esq., Id. No. 205047 Courtepay 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 SOVEREIGN BANK Flux-Oh lux-OFFICE : COURT OF COMMON PLEAS OF THE PROTHONOTARY LYNNEA A. HALL : NO.: 10-7733 Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LYNNEA A. HALL 78 NORTHVIEW DR MECHANICSBURG, PA 17050-7982 rHIS 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 329 SALT ROAD, ENOLA, PA 17025-2050 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 $167,489.09 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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to. strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 2011 FB 24 NM 10" 31 I PB tNSYLYANIA T' Plaintiff : CIVIL DIVISION 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 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows: Beginning at a point in the State Highway Route No. 21074. locally known as Salt Road, said point being one hundred (100) feet south of the center line of State Highway Route No. 21-51; thence along other lands of grantors south forty-eight (48) degrees fifteen (15) minutes west one hundred fifty (150) feet to a polca; thence along line of other lands now or formerly of Gutshall south forty-one (41) degrees forty-five (45) minutes east ninety-six and eight three on hundredths (96.83) feet to a point; thence by the ling of other lands now or formerly of Gutshall north forty-eight (48) degrees fifteen (15) minutes east one hundred fifty (150) feet to a point, in the center of Salt Road; thence in Salt Road north forty-one (41) degrees forty-five (45) minutes west ninety-six and eighty three one hundredths (96.83) feet to the point place of beginning. n, r'rl rrp, with all and singular the tenements, hereditaments and appurtenances to the same belonging, or III 1r:yv,,1.,r appertaining and the reversion and reversions, remainder, rents, issues and profits thereof; AND ALSO all the estate, right, title, interest, property, claim and demand whatsoever, both in law and equity, of the said party of the first part, of, in, to or out of the said premises, and every part and parcel thereof. TITLE TO SAID PREMISES VESTED IN Lynnea A. Hall, (a single woman), by Deed from Andrew E. Semancik and Dennis D. Semancik, dba, S & S Real Estate, dated 07/17/2006, recorded 07/24/2006 in Book 275, Page 3949. PREMISES BEING: 329 SALT ROAD, ENOLA, PA 17025-2050 PARCEL NO.09-13-0999-019 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-7733 SOVEREIGN BANK VS. LYNNEA A. HALL owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 329 SALT ROAD, ENOLA, PA 17025-2050 Parcel No. 09-13-0999-019 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $167,489.09 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 2011 MAR 30 AN 13: 17 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 LYNNEA A. HALL No.: 10-7733 Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES 257971 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on December 16, 2010. 2. Judgment was entered on February 7, 2011 in the amount of $167,489.09. 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. 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 $160,515.49 Interest Through June 1, 2011 $10,088.68 Per Diem $30.05 Late Charges $200.84 Legal fees $1,300.00 Cost of Suit and Title $775.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $51.75 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $208 77 Private Mortgage Insurance . Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $2,687.53 TOTAL $175,828.06 257971 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. 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. 257971 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP cL, ?? l DATE: / By; ? Lawrence T. Ph sq., 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 ATTORNEY FOR PLAINTIFF 257971 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 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 Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County LYNNEA A. HALL No.: 10-7733 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 257971 I. BACKGROUND OF CASE LYNNEA A. HALL 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 329 SALT ROAD, ENOLA, PA 17025-2050. 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 for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The 257971 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 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 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 257971 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 charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. 257971 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 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. 257971 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 Sheriffs 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 Sheriffs 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 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from 257971 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. 257971 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LIP DATE: _ By; ? Lawrence T. Phe n, q., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 V dith T. Romano, Esq., Id. No. 58745 eetal 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 257971 000, Exhibit "A" 257971 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq.; Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq;, Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id: No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Cou-rtenay 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 VS. Attorney for Plaintiff / /E C AASjW';? Y CUMBERLAND COUNTY COURT OF COMMON PLEAS LYNNEA A. HALL, ' CIVIL DIVISION zr*' m 'r - ? ao v n, D ? < ,? C a? Cl) ? c D z e- za No. 10-7733 , le PRAECIPE FOR IN REM TO; : *' ANSWER AND ASSESSM NT OF DAMAGES TO THE PROTHONOTARY:" Kindly enter judgment in favor of the Plaintiff and against L Defendant(s) for failure to file an Answer to Plaintiff's ComplaintLL thereof and within 20 days from service follows: for foreclosure and sale of themortgaged premises, and assess Plaintiff ' ollows: s damages as 257971 As set forth in Complaint $165,166.02 Interest -11/20/2010 to 02/04/2011 TOTAL $2J23.07 $167,489.09 I hereby certify that (1) the Defendant's last known address is 78 NORTHVIEW DR, MECHANICSBURG, PA 17050-7982, and mortgaged premises located at 329 SALT ROAD, ENOLA, PA 17025-2050, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. awrenc ...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 ? 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 Ilison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE . DATE: PHS # 257971 ONOTA Y 257971 Exhibit "B" 257971 ? y w r ? a l/f J? W [J ? ? 00 J 01 Vf ? W N ?-- C" ? O d NZ ? ? too R y ? o? a ? b b b r a ? ,?, N N N n N z N c? v J ?o a T? ho o? ?y ?N z 0 T -? w ? w ? n In ? :'O•G-• O p, O O ? 3 5 oar ? o _ rn ? o Qo n.- _ ? N N R w m o'ff' G O G - K, hf ? ry = G 3 -w 0 00 o x y ? ? m w ° - 2 °, O -. y C7 r Y x a r r z >v 0 a a+ sz b 0 O cL c. Y SAP p0s; ' O PITNEY B()SNEti 0 2 1M $ 01.260 ?p 0004277256 MICR 21 2011 iv . MAILED FROM ZIP CODE 19 13 T1 t9 :.ter ?I'D a ?' n x CD aC r ?a °cz ?5 ?x n r r c C 0 0 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hall.inan & Schmieg, LLP March 21, 2011 LYNNEA A. HALL 329 SALT ROAD ENOLA, PA 17025-2050 RE: SOVEREIGN BANK v. LYNNEA A. HALL Premises Address: 329 SALT ROAD ENOLA, PA 17025 CUMBERLAND County CCP, No. 10-7733 Dear Defendant, Representing Lenders in Pennsylvania and New Jersey 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 1 y Lawrence T. P el , Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Brhdford, Esquire Judith T. Romano, Esquire ",sheetal R. Shah-Jani, Esquire Jenne 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: By: ? Lawrence T. Ph sq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Jy?dith 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 ATTORNEY FOR PLAINTIFF 257971 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 LYNNEA A. HALL No.: 10-7733 Defendant CERTIFICATION OF SERVICE 257971 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. LYNNEA A. HALL LYNNEA A. HALL 329 SALT ROAD PO BOX 363 ENOLA, PA 17025-2050 ENOLA, PA 17025-0363 LYNNEA A. HALL 78 NORTHVIEW DR MECHANICSBURG, PA 17050-7982 Phelan Hallinan & Schmieg, LLP x DATE: By: ? Lawrence T. Ph sq., 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 ATTORNEY FOR PLAINTIFF 257971 SOVEREIGN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V (-- C= . LYNNEA A. HALL, 2 ' Z7 DEFENDAN T NO. 10-7733 CIVIL t n r '- z ORDER OF COURT ND NOW, this 1St A day of April, 2011, upon consideration of the Plaintiff's td an _ Reassess Damages, t ' IT IS HEREBY ORDERED AND DIRECTED that: C) --s M-oz Co --t ' ac oC) ?rn 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 Lynnea A. Hall Defendant bas Ao , M. L. Ebert, Jr., U J. 0 caw r1not, C 6 AFB ? tt "PP, 12 PI tt: 52 fer!°ocNr s v NIA 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 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 Court of Common Pleas Plaintiff v. Civil Division CUMBERLAND County LYNNEA A. HALL Defendant No.: 10-7733 CERTIFICATION OF SERVICE 257971 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. LYNNEA A. HALL 329 SALT ROAD ENOLA, PA 17025-2050 LYNNEA A. HALL PO BOX 363 ENOLA, PA 17025-0363 LYNNEA A. HALL 78 NORTHVIEW DR MECHANICSBURG, PA 17050-7982 Phelan Hallinan & Schmieg, LLP DATE: BY: Lawrence . 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 ElAWlson F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 257971 FILED ?''ra"finpV ?Je -1 r PH ? ?r p E a { +{? .ri if Y•?1... [.iiw A ` Phelan allinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel . Schmieg, Esq., Id. No. 62205 Michelo M. Bradford, Esq., Id. No. 69849 Judith t. Romano, Esq., Id. No. 58745 Sheetal . Shah-Jani, Esq., Id. No. 81760 Jenine . Davey, Esq., Id. No. 87077 Lauren . Tabas, Esq., Id. No. 93337 Vivek S ivastava, 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 F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JF Boulevard, Suite 1400 One Pe Center Plaza Philadel hia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division LYNNEA A. HALL Defendant CUMBERLAND County No.: 10-7733 MOTION TO MAKE RULE ABSOLUTE 257971 SOVEREIGN BANK, by and through its attorney, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above- captioned action, and in support thereof avers as follows: l . 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 prpposed Motion to Reassess Damages and Order to the Defendant on March 21, 2011 and request4d the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiff s 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 bB. 4. 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 Certific to 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 2l, 2011. 257971 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: By: Phelan Halliwn& Schmieg, LLP ? Lawr`en'ce . 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 Vv,Jeine R. Davey, Esq., Id. No. 87077 ren R. Tabas, Esq., Id. No. 93337 ek 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 257971 Phelan "allinan & Schmieg, LLP By: Law rence 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 . Shah-Jani, 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 Andrew 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 Per in Center Plaza Philadel phia, PA 19103 215-563 -7000 SOVEREIGN BANK I Plaintiff LYNNEA A. HALL Defendant T ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-7733 ON TO MAKE RULE ABSOLUTE 257971 A Motion to Reassess Damages was filed with the Court on March 30, 2011. A Rule was entered lby 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. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan in & Schmieg, LLP DATE: By: _ ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 Vv auren R. Tabas, Esq., Id. No. 93337 ivek 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 257971 Exhibit "A" 257971 0 0 W o x? U ? ? p z? .a y Q a?i x U z? ao ri h zQ C O F F O - in v o ? ? C h ? E Y u E c Y `? ? y ? E Y c ? a Y z - F }} c c y ? ? r 3Fx ? it?'k ? p. U E E E ? v Y ? C Y u 'c° ka E a?'i ro .o E c ? iC y Y ?? V c E C > N O ? Y U ?- .C U N O 00 O N o o E tn p > oo a `o WO C C W r F O El D F O 3 ? ? E U' N b U? N E M r^ iC ` N p O N OG (?? ?a b N O y a o a C 'it O Q w o a ?. a W P. C Q W ea I 'D a E ? ? '>G F. i u 0 d a M a ago y Y o a a a °a w z z z° z a a a -Fo? ? ?a z C7, o\ kr) in M U N N N v? .O Y u tr) 00 (71 O N M v'1 o h ON N t/l N PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 1.9103 (215) 563-7000 FAX#: (215) 563-3459 Hallman & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey 21, 2011 L EA A. HALL 329 SALT ROAD EN LA, PA 17025-2050 RE: SOVEREIGN BANK v. LYNNEA A. HALL Premises Address: 329 SALT ROAD ENOLA, PA 17025 CUMBERLAND County CCP, No. 10-7733 Dear{ Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your conc rrence 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. ise, please be guided accordingly. Vcrvl wlY votm.. % Law nce T. P6ela Esquire Franc is S. Hallman, Esquire Danie l G. Schmieg, Esquire Mich ele M. Brddford, Esquire Judi T. Romano, Esquire ,Sheet R. Shah-Jani, Esquire Jenin R. Davey, Esquire Laure n R. Tabas, Esquire Vive Srivastava, Esquire Jay B Jones, Esquire Pet -,r J. Mulcahy, Esquire An ew L. Spivack, Esquire C sovalante P. Fliakos, Esquire Jos ua I. Goldman, Esquire Co irtenay R. Dunn, Esquire An ew C. Bramblett, Esquire All son F. Wells, Esquire Wi liam E. Miller, Esquire t,.O,o Exhibit "B" 257971 SOVEREIGN BANK, PLAINTIFF V. LYN?EA A. HALL, DEFENDANT IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-7733 CIVIL ORDER OF COURT AND NOW, this 1g` day of April, 2011, upon consideration of the Plaintiff's Motion to ss 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 kie granted; 2. The Defendant will file an answer on or before April 21, 2011; 1 3. If no answer to the Rule to Show cause is filed by the required date, the relief requ sted 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 nine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, L- D bas lw--t S-- -v M. L. Ebert, Jr., T R. Shah-Jani, Esquire for Plaintiff A. Hall a51 911 Exhibit "C" 257971 Phe an 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 Mic ele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 She tal R. Shah-Jani, Esq., Id. No. 81760 Jeni e R. Davey, Esq., Id. No. 87077 Lau en R. Tabas, Esq., Id. No. 93337 Viv k Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Pet J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chr sovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Cou enay 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 161 JFK Boulevard, Suite 1400 One Penn Center Plaza Phil delphia, PA 19103 215-563-7000 SO?EREIGN BANK Plaintiff V. I LY NEA A. HALL Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-7733 CERTIFICATION OF SERVICE 257971 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. L EA A. HALL 329 SALT ROAD EN LA, PA 17025-2050 LI 78 DA' A A. HALL THVIEW DR ?NICSBURG, PA 17050-7982 1-l/-ll A, LYNNEA A. HALL PO BOX 363 ENOLA, PA 17025-0363 Phelan Hallinan & Schmieg, LLP L_j Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Q 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 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 [] Vivek Srivastava, Esq., Id. No. 202331 E] 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 El Andrew C. Bramblett, Esq., Id. No. 208375 enlison F. Wells, Esq., Id. No. 309519 illiam E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 257971 VERIFICATION hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make th#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. 4904 relating to the unsworn falsification of authorities. I Phelan Ha hmieg, LLP DATE: By: _ ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Je ne 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 j ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF i 257971 Phelan allinan & Schmieg, LLP By: La ence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel Q. Schmieg, Esq., Id. No. 62205 Michel M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal . 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 . Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JF Boulevard, Suite 1400 One Pe Center Plaza Philadel hia, PA 19103 215-563k7000 SOVERLHIGN BANK Court of Common Pleas Plaintiff Civil Division CUMBERLAND County LYNNEI A. HALL Defendant No.: 10-7733 CERTIFICATION OF SERVICE 257971 I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individual on the date indicated below. LYNN A A. HALL 329 SALT ROAD ENOL , PA 17025-2050 LYNNEA A. HALL 78 NORTHVIEW DR MECHANICSBURG, PA 17050-7982 Phelan Hall( 8) Schmieg, LLP DATE: i Ul I ? By: L_j Lawralnc?- elan, 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 ? She- 1 R. Shah-Jani, Esq., Id. No. 81760 ? Je 'ne 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 257971 A- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CUMBERLAND COUNTY ' Plaintiff, 3 -v M 33- COURT OF COMMON PS ?Vrn v . r :n N ?a a CIVIL DIVISION LYNNEA A. HALL < '? a 3 ?'T1 Defendants ? No.: 10-7733 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 ail Return Receipt stamped by the U.S. Postal Service is attached here it "A". 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 ? 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 Attorney for Plaintiff 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. Date: NO PHS # 257971 L_ M S A a? O V z ? r 4,4 2 < C 0 U .Q.aaT a O n a i ? y Z E ^o v°7 Q c a O vi V c O C 'L E ? u u o ? o E N v c p E 4 E 45 C AD E cR m ,O w C N s o ? s ? 3aoo aiz woa:i arrow 2 c LLOZ 4Z2JYA 9SZLLZb000 a 9V L0 $ wL Zo J a _ 0 -- s3nnoo A3MW ! j- ?, A 3 c E f , p, ?yEe N = , x E Eo ? Ctl 'Q ? 948 ' $ S v ? Q c a A N ? N N ? o 5 u a as Lam' m ??° - : r O D ? ?ga V i O -?O S? u - w G$?w° Q a ° o = ? V b c? a F P - o F.' v V1 N u N M ? O rr z ' V Qw N ? Q .T.i m S V O O W a Q E ?' A z 3 a F ° w , .7 ?t 04 a , z Q Q Q Q 'a 4-4 ? °a W W z W z z z> u Z t n t U e q N N a Q = w a a ?C4 ? a zy _? •..? -- N M h 0 0 O ? O M V1 gg fb iL N V C G C ao a°v ^? fA U b t L z¢o _u g w E0L6L 3000dIZWONA0311VW 4402 bZ83d 9SZLLZb000 ' 9 $. N £0 $ w4 Z o 081 S3A%" A3NLd QHQ _?H ?l ti . c a A _' _ r g " . h ,p?i.pQU 8 7•!O CW Q g C g ° .?? WI O i w d as N? ?? y Y . • 3 i d ° PC h h g C W ?+ O a ,,,, ? N v o ++ ?' C L ° ?' W ? aN q tiwO °c4 i7 ?`" Q+ ^? Q ? F C ? ?1 o'oA? „"'? ? QI ' s M oao Ci °3 ? ? N1 vJ o>? °?d + + QO?•,? v""?a w WOa e? VpC ?d Ftip" yQ".,''7 'a alw oy? v ?pGC a e ov+ a`?a > a" 8'?'? ? i? c3 ? a"a d a ? WNz i3?' 0.9 p z s?a8. O ? a as J ?t ? 3 ? D `?'? ? ? O °'? U as g 4 a z z HMw , ,, ?v..?u Q u?wx Si? dvS?o e a?r?N? w $ Uaa?? o? . p ?'Fw3 a .ter N M N ?O h 00 p. h ~ F SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff °" rr?? Jody S Smith Chief Deputy PP if e Richard W Stewart Solicitor. r - • , , E A sovereign bank vs. Lynnea A. Hall Case Number 2010-7733 SHERIFF'S RETURN OF SERVICE 03/17/2011 06:00 PM - Deputy Michael Barrick, 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 LINDA HALL- MOTHER, who accepted as "Adult Person in Charge" for Lynnea A. Hall at 78 NORTHVIEW DRIVE, MECHANICSBURG, MECHANICSBURG, PA 17050, Cumberland County. 03/29/2011 Michelle Gutshall, Deputy Sheriff, 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 329 Salt Road, 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 National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $754.11 August 01, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF llf.oo P? . Q a -oo /,(. (1e), . 5-o 1 L'vzY/&Z (Ci ?ounty$uiie 5hF??Yt, i-ei2:;5;;f;. I.r;. TENANTYOCCUPANT ? Y l 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 FIRST AMERICAN TITLE INSURANCE LENDERSADVANTAGE Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Attention: John Murphy Department of Public Welfare TPL Casualty Unit Estate Recovery Program 329 SALT ROAD ENOLA, PA 17025-2050 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 1100 SUPERIOR AVENUE, SUITE 200 CLEVELAND, OHIO 44114 6th Floor, Strawberry Square Dept. 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 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: Zi Attorney for Plaintiff mieg, 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. 6984 ? 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 El Court5pay 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 SOVEREIGN'?ANK COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 10-7733 LYNNEA A. HALL Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LYNNEA A. HALL 78 NORTHVIEW DR MECHANICSBURG, PA 17050-7982 "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 329 SALT ROAD, ENOLA, PA 17025-2050 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 $167,489.09 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 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 maybe 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'io 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 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows: Beginning at a point in the State Highway Route No. 21074. locally known as Salt Road, said point being one hundred (100) feet south of the center line of State Highway Route No. 21-51; thence along other lands of grantors south forty-eight (48) degrees fifteen (15) minutes west one hundred fifty (150) feet to a poiia' thence along line of other lands now or formerly of Gutshall south forty-one (41) degrees forty-five (45) minutes east ninety-six and eight three on hundredths (96.83) feet to a point; thence by the ling of other lands now or formerly of Gutshall north forty-eight (48) degrees fifteen (15) minutes east one hundred fifty (150) feet to a point, in the center of Salt Road; thence in Salt Road north forty-one (41) degrees forty-five (45) minutes west ninety-six and eighty three one hundredths (96.83) feet to the point place of beginning. TOGETHER with all and singular the tenements, hereditaments and appurtenances to the same belonging, or in anywise appertaining and the reversion and reversions, remainder, rents, issues and profits thereof; AND ALSO all the estate, right, title, interest, property, claim and demand whatsoever; both in law and equity, of the said party of the first part, of, in, to or out of the said premises, and every part and parcel thereof. TITLE TO SAID PREMISES VESTED N Lynnea A. Hall, (a single woman), by Deed from Andrew E. Semancik and Dennis D. Semancik, dba, S & S Real Estate, dated 07/17/2006, recorded 07/24/2006 in Book 275, Page 3949. PREMISES BEING: 329 SALT ROAD, ENOLA, PA 17025-2050 PARCEL NO. 09-13-0999-019 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-7733 SOVEREIGN BANK VS. LYNNEA A. HALL owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 329 SALT ROAD, ENOLA. PA 17025-2050 Parcel No. 09-13-0999-019 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $167,489.09 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-7733 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 LYNNEA A. HALL (I) 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 $167,489.09 L.L.$.50 Interest FROM 02/05/2011 to Date of Sale ($27.53 per diem) - - $3,221.01 Atty's Comm % Due Prothy $2.00 Atty Paid $ QC)L4. ao Other Costs Plaintiff Paid Date: 2/24/11 (Seal) REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE ueputy Address: PHELAN HALLINAN & SCHMIEG, LLP TRUE COPY FROM RECORD In Testimony whereof, i here unto set my hand 1617 JFK BOULEVARD, SUITE 1400 and tha Orel of said Cwrt at Carlisle, Pa. PHILADELPHIA, PA 19103 ?ae. - ! 20 1; _ `??,?/? Q ProBtonotary Attorney for: PLAINTIFF ?L??.?/f Telephone: 215-563-7000 Supreme Court ID No. 309519 On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in East PennsboroTownship, Cumberland County, PA, Known and numbered as, 329 Salt Road, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 By: Real Estate oordinator CUMBERLAND LAW JOURNAL Writ No. 2010-7733 Civil Sovereign Bank VS. Lynnea A. Hall Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-7733, SOVEREIGN BANK vs. LYNNEA A. HALL, owner(s) of proper- ty situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being 329 SALT ROAD, ENOLA, PA 17025-2050. Parcel No. 09-13-0999-019. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $167,489- .09. 29 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: April 22, April 29, and May 6, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r L - Lisa Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this 6 day of Maw 2011 Notary I NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 'lie Patriot-News Co. 21)20 'Tec:hno!ogy'Pkwy Suite 300 Me,.hanicsburg, PA 17050 Inquiries - 717---255-8213 Zhe?latriot News Now you know 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 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 Thai: 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 SOV"M Vs LPOW A. NO AtI r *M"Sdwdp By virtue of a Wit of E?¢etattioa NO. 10- 7733 SOVEREIGN ti,- NK VS. LYNNEA:a" HALL owner(s) of property skuate in the TOWNS#II OF EAST PENNSHORO, Cumberland CounW, .' being 329 ?ALT QAA ENOLA, PA 17025-2050 Pareei No. 09.130)99.019 (Acreage or street atish) Im therwa: RES1` RRIIAL DWG 7UDGMENF AMOUNT $167,489.09 CA-L 04/29/11 05/06/11 Sworn to an bscribed befit me t 4 3 ay of May, 2011 A.D. Notary Public COMMpryWEIA a OF YL VANIA Sherrie L. IOsnw, Nom, Pubtlc Lower Paxton Two., DaupMn County M Comma des Nov. 26, 2011 P.n1hPI 0±n'T`hran1a A, zsoctatton 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 Mortgage Association 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 24 day of February, A.D., 202011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 7733, at the suit of Sovereign _Bank against Lynnea A. Hall is duly recorded as Instrument Number 201121374. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. t 1 Recor er o eds Recordw of feeds, Cwbaland County, Carlisle, PA My Cumfosion the Fist Monday of Jan. 2014