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HomeMy WebLinkAbout11-2538Phelan Hallinan & Schmieg, LLP Lawrence 1'. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. 2617 COLLEGE PARK SCOTTSBLUFF, NE 69361-2294 Plaintiff v. PAULA RENEE VON SCHMID 1240 SUMMIVIEW COURT, A/K/A 1240 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2200 Defendant V ILED-OFFICE 0-- THE PROTHONOTARY 2011 MAR - I AN 11: 21 CUMBERLAND COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. I )--0 5 Ct? ? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 261373 261373 Ter At S*Oig W N at .?10?9 3 aoc't" R-u-aSS 88 • b AURORA LOAN SERVICES, LLC. Plaintiff V. PAULA RENEE VON SCHMID Defendant COURT OF COMMON PLEAS CIVIL DIVISION NO. 11-2538-CIVIL TERM CUMBERLAND COUNTY ORDER AND NOW, this Z'?' day of February 2012, after consideration of Plaintiff's Motion to Postpone Sheriff s Sale of the mortgaged property, it is hereby ORDERED that the sale of 1240 SUMMIVIEW COURT, A/K/A 1240 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2200 is postponed two months to the Sheriffs Sale scheduled for May 1, 2012. No further advertising or additional notice to lienholders or Defendant is required. However, the Sheriff is directed to announce the continuation to the assembled bidders and Plaintiff is to forward a copy of this Order to Defendant via first class mail. BY THE COURT: s rn rn 3y C:- rti 7'R) ? a N PHS 4 261373 DISTRIBUTION LEGEND ? JOSEPH SCHALK, ESQUIRE ATTORNEY I.D. NO. 91656 Phelan Hallinan & Schmieg, LLP 126 LOCUST STREET HARRISBURG, PA 17101 TEL: (215) 563-7000 FAX: (.215) 563-8656 Josepli.Schalk@fedphe.com PAULA RENEE VON SCHMID 1240 SUMMIVIEW COURT A/K/A 1240 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2200 PHS 9 261373 P 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 #: 261373 I. Plaintiff is AURORA LOAN SERVICES, LLC. 2617 COLLEGE PARK SCOTTSBLUFF, NE 69361-2294 2. The name(s) and last known address(es) of the Defendant(s) are: PAULA RENEE VON SCHMID 1240 SUMMIVIEW COURT, A/K/A 1240 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2200 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/07/2007 PAULA RENEE VON SCHMID made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR HOME LOAN CENTER, INC., DBA LENDINGTREE LOANS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1985, Page 2673. The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2010 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 #: 261373 6 The following amounts are due on the mortgage: Principal Balance $137,228.46 Interest $5,612.01 06/01/2010 through 12/28/2010 Late Charges through 12/28/2010 $143.91 Escrow Deficit $98.98 Subtotal $143,083.36 Suspense Credit ($1,085.04) TOTAL $141,998.32 7. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 261373 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $141,998.32, together with interest from 12/28/2010 at the rate of $26.79 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage, including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP r B Y• ? 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 Attorneys for Plaintiff bt 4 -I&I 8- /A A)0. 3c?3?S! File #: 261373 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate on the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the corner of Lot No. VI-2 on the hereinafter mentioned Plan of Lots; thence by Limited Common Area No. 2, North 55 degrees 36 minutes 02 seconds East, a distance of 35.00 feet to a point at Limited Common Area No. 2; thence by the same South 34 degrees 23 minutes 58 seconds East, a distance of 70.00 feet to a point at Limited Common Area No. 2; thence by the same South 55 degrees 36 minutes 02 seconds West, a distance of 35.00 feet to a point at Lot No. VI-2 of the hereinafter mentioned Plan of Lots; thence by the same North 34 degrees 23 minutes 58 seconds West, a distance of 70.00 feet to a point, the place of BEGINNING. BEING LOT NO. VI-1 at the same is shown on Beacon Hill Amended Final Development Plan, Phase VI, Village of Birchwood, recorded in Cumberland County Plan Book 37, Page 23. UNDER AND SUBJECT to a Declaration of Covenants and Restrictions recorded in Cumberland County Miscellaneous Book 319, Page 556, and to a Supplemental Declaration of Covenants and Restrictions recorded in Cumberland County Miscellaneous Book 355, Page 18. Also under and subject to the By-Laws of. Beacon Hill Community Association recorded in Cumberland County Miscellaneous Book 319, Page 525, and all reservations, restrictions, easements and rights-of-way of record. File #: 261373 . BEING the same premises which Sealover Homes, Inc., a Pennsylvania Corporation, by Deed dated May 14, 1990 and recorded in the Recorder of Deeds in and for Cumberland County in Deed Book 0 34, Page 406 granted and conveyed unto Bernard Redlawsk, single person, Grantor herein. PROPERTY ADDRESS: 1240 SUMMIVIEW COURT, A/K/A 1240 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2200 PARCEL # 13-25-0008-127 File #: 261373 VERIFICATION I h reby states that he/she is of Aurora Loan Services, LLC, Plaintiff in this matter, that he/she is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: A 11 1 20 File #: 261373 Name: U Title: 7W V Servicer: Aurora Loan Services, LLC. Name: SCHMID Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua. I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. VS. PAULA RENEE VON SCHMID Attorney for Plaintiff c? 0 = 1R- A -n : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-2538-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES ppd.,??. a#j IC t 7 h5?`l 13 51 U71 77i V115 261373 TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against PAULA RENEE VON SCHMID, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest -12/29/2010 to 04/05/2011 TOTAL I hereby certify that (1) the Defendant's last known COURT, A/K/A 1240 SUMMIT VIEW COURT, NEW (2) th71;0 ice has been given in accordance with Rule a.l Date f $141,998.32 $2,625.42 $144,623.74 is 1240 SUMMIVIEW LAND, PA 17070-2200, and 7.1. ?! J Lawrence T-.Melan, 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 ? Sh R. Shah-Jani, Esq., Id. No. 81760 e nine 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 DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE: ?11 PHS # 261373 PR ONOTARY 261373 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. VS. PAULA RENEE VON SCHMID Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-2538-CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant PAULA RENEE VON SCHMID is over 18 years of age and resides at 1240 SUMMIVIEW COURT, A/K/A 1240 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2200. 261373 This statement is made relating to unsworn falsification to aut )-l la ) Date ties of 18 Pa. C.S. Section 4904 U Lawrence T. Phelan, Esq.,-Id-No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 VSShh tal R. Shah -Jan', Esq., Id. No. 81760 e R. Davey, Esq., Id. No. 87077 en 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 261373 AURORA LOAN SERVICES, LLC. COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff v. NO. 11-2538-CIVIL TERM PAULA RENEE VON SCHMID CUMBERLAND COUNTY Defendant(s) TO: PAULA RENEE VON SCHMID 1240 SUMMIVIEW COURT, A/K/A 1240 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2200 DATE OF NOTICE: March 23, 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. IMEORTANT NOTICE 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 # 261373 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 vrence . elan, Esq., No. 32227 Francis S. Hallinan, Esq., Id. o. 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 ,--7 ison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 261373 (Rule of Civil Procedure No. 236) - Revised AURORA LOAN SERVICES, LLC. : CUMBERLAND COUNTY VS. : COURT OF COMMON PLEAS PAULA RENEE VON SCHMID : CIVIL DIVISION : No. 11-2538-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on L011I If you have any questions concerning this matter please ? 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 ? Judi T. Romano, Esq., Id. No. 58745 ? Sh tal R. Shah-Jani, Esq., Id. No. 81760 ? nine 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 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 YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY" 261373 1" ILEQ'OFFiCE. O ' HE p"OTHON0 TW4, 2011 JON 22 AM 10: 12 CUP YNO COUNTY HNS Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County PAULA RENEE VON SCHMID Defendant No.: 11-2538-CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 1, 2011. 2. Judgment was entered on April 7, 2011 in the amount of $144,623.74. 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 261373 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 September 7, 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 $137,228.46 Interest Through September 7, 2011 $12,382.58 Per Diem $26.79 Late Charges $143.91 Legal fees $1,675.00 Cost of Suit and Title $780.00 Property Inspections/ Property Preservation $30.00 Appraisal/Brokers Price Opinion $105.00 Suspense/Misc. Credits ($1,085.04) Escrow to be paid prior to September 7, 2011 $1,459.62 Escrow Deficit $1,601.35 TOTAL $154,320.88 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 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 June 15, 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and 261373 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. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: IdIll B - Y Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? W' 'am E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 261373 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County PAULA RENEE VON SCHMID Defendant No.: 11-2538-CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE PAULA RENEE VON SCHMID 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 1240 SUMMIVIEW COURT, A/K/A 1240 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2200. 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. 261373 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 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. ofN.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 261373 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 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. 261373 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. 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 261373 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 an d 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. 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. 261373 The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the 261373 terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. 261373 IV. 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. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. e Hallin &Schmieg, LLP DATE: lt,?? ((? ? By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 e issa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff 261373 Exhibit "A" 261373 Phelan Hallman & 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-Jan, 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 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 AURORA LOAN SERVICES, LLC. vs. ' PAULA RENEE VON SCHMID Attorney for Plaintiff A.t?p?NS RIO p?EA h rU ? -ate w -= --, r o M CUMBERLAND COUNTY < COURT OF COMMON PLEAS CIVIL DIVISION No. 11-2538-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES 261373 TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against PAULA RENEE VON SCHMID, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $141,998.32 Interest -12/29/2010 to 04/05/2011 $2,625.42 TOTAL $144,623.74 I hereby certify that (1) the Defendant's last known addre is 1240 SUMMIVIEW COURT, A/K/A 1240 SUMMIT VIEW COURT, NEW AND, PA 17070-2200, and (2) that n tice has been given in accordance with Rule a.R.C 37.1. Date /4-j .'awrcnce i . rnetan, 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 ? Sh R. Shah-Jani, Esq., Id. No. 81760 ? nine 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 j? 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 DAMAGES ARE HEREBY ASSESSED AS INDICA DATE: I f Pxs # 261373 ROTHONOT. 261373 Exhibit "B" 261373 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey June 15, 2011 PAULA RENEE VON SCHMID 1240 SUMMIVIEW COURT A/K/A 1240 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2200 RE: AURORA LOAN SERVICES, LLC. v. PAULA RENEE VON SCHMID Premises Address: 1240 SUMMIVIEW COURTA/K/A 1240 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070 CUMBERLAND County CCP, No. 11-2538-CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by June 20, 2011. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly urs, Vale cEsquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire 261373 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 elissa J.Schemer;?sgiure--_-_--------------------- ---------- ------ Enclosure 261373 N W J W ? ° v, ? ?a N O . u ? s ?z a? w z J W ? C CD ^Y z -? C Z ?d > 73 ¢ Z C ? ? o mo y ? " A ? z a o? as N ?• N °o C1 ?•' o o ^1 0 x.3'? w n x , a o o ? _ro o? y N A =, °g 4 N m ? w d ? w x. m emu. 3 ? 7 3?0° b m m 9 ° o ! _ o o ] QSES POSl x ? 7 ^ ?? 4 ? y w w ? ? ? .mom ,. PITNFv Bov T5 @@ 02 1M ?P 1.260 0004277256 JUN15 201' a _ o m MAILED FROM ZIP CODE 1 9' 3 n o - ? m o0°3 w ? .o w w . rn ? a " 0.. ?4 O CD b C CCD ., t?ll c CA o' G N A 0 0 a z a r r~ z a z n r- r b ?J ?`i Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County PAULA RENEE VON SCHMID Defendant No.: 11-2538-CIVIL TERM CERTIFICATION OF SERVICE 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. PAULA RENEE VON SCHMID 1240 SUMMIVIEW COURT A/K/A 1240 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2200 Phelan Hallinan & Schmieg, LLP DATE: C 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 261373 ? 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 ? lliam E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 261373 V a .;F T Hi a 'A' ! JUN 24 Ply 2: %BMBERLAND UUO T`:` PENNs YLV,0,11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AURORA LOAN SERVICES, LLC. Court of Common Pleas Plaintiff Civil Division V. PAULA RENEE VON SCHMID Defendant CUMBERLAND County No.: 11-2538-CIVIL TERM RULE AND NOW, this Z y day of 994A. 2011, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T COURT J. 261373 Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 9462 0 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 ??ssa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP ' 1617 JFK Boulevard, Suite 1400 hi PA 19103 Phil d l a e p a, TEL: (215) 563-7000 O.pies FAX: (215) 563-3459 & V1- PAULA RENEE VON SCHMID 1240 SUMMIVIEW COURT A/K/A 1240 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2200 761373 261373 r iL..t?-OFF IGE ME ')R0THON0TAR,, 2011 JUL 19 aN 10: 3"0 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff vs. PAULA RENEE VON SCHMID Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 11-2538-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE AURORA LOAN SERVICES, LLC., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on June 22, 2011. 2. 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 June 15, 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Kevin A. Hess on or about June 24, 2011 directing the Defendant to show cause why the Motion to Reassess Damages should not be ATTORNEY FOR PLAINTIFF 261373 granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of July 14, 2011. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. / Phel Uall an & Schmieg, LLP DATE: (? I By; Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? 4.1liarn E. Miller, Esq., Id. No. 308951 Melissa J. Schemer, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 261373 ?.?_ r\ PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey June 15, 2011 PAULA RENEE VON SCHMID 1240 SUMMIVIEW COURT A/K/A 1240 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2200 RE: AURORA LOAN SERVICES, LLC. v. PAULA RENEE VON SCHMID Premises Address: 1240 SUMMIVIEW COURTA/K/A 1240 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070 CUMBERLAND County CCP, No. 11-2538-CIVIL TERM 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 concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by June 20, 2011. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ve tr lurs, UWrtficc-fPPhhee11an., Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Chrisovalante P. Fliakos, Esquire Joshua 1. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire William E. Miller, Esquire ? e issa J: &Eeiner, Esquire Enclosure d bD A+ N O R' N N a a ? ? U O Q N N a ? ? W a C7 w o ? o c ? •? + Q n 0o ? i CCU .- w r' z tea" ? > z a O a ? W ? 4-' ? a Q o U z a > ?, .D c r clams''" eO zQ0 w ...1 I ^,N ?M ?? Ivl ISO ?r ?eo ?Q? ?? I? IAN. ,M_, I? I? a U b L no ? ? D= c c c 'O ? o F b9 'O O E _ A q _ ? E c u x n E ai E ? m r c ? ? - V N - ry R ? E Ccv.o o ?. U O d ? d L En c n 3 `l T Oa F.? E „ v E 4' ? c v c y ;a?E= m ? E w° v Vl A r u v Ou E v o v V U ? U ? O ? F °ro u a ° ? we"c 'E Q > ° w F v7 C O ? O a a? A ? . N 0 w yea a 0 a a E-°n C. w ao w.. ° o ? a E A o? z; A?a b 5 o? ?v a r a M N Exhibit "B" 261373 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AURORA LOAN SERVICES, LLC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County PAULA RENEE VON SCHMID No.: 11-2538-CIVIL TERM Defendant RULE AND NOW, this. J44 day of _June 2011, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 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. 9462 0 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 ? issa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 hia PA 19103 Philadel p , TEL: (215) 563-7000 C OpIP.s I r 5 FAX: (215) 563-3459 61 . vl- PAULA RENEE VON SCHMID 1240 SUMMIVIEW COURT A/K/A 1240 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2200 261373 261373 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff vs. PAULA RENEE VON SCHMID Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-2538-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute were served upon the following individual on the date indicated below. PAULA RENEE VON SCHMID 1240 SUMMIVIEW COURT A/K/A 1240 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2200 261373 ?Lawre Uall* &Schmieg, LLP DATE: U I By: nc e 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 ? Allison F. Wells, Esq., Id. No. 309519 ? illiam E. Miller, Esq., Id. No. 308951 elissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 261373 rnco :zm M > :z } IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC. Plaintiff vs. PAULA RENEE VON SCHMID Court of Common Pleas Civil Division CUMBERLAND County No.: 11-2538-CIVIL TERM Defendant ORDER AND NOW, this ?,p' day of , 2011, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $137,228.46 Interest Through September 7, 2011 $12,382.58 Per Diem $26.79 Late Charges $143.91 Legal fees $1,675.00 Cost of Suit and Title $780.00 Property Inspections/ Property Preservation $30.00 Appraisal/Brokers Price Opinion $105.00 Suspense/Misc. Credits ($1,085.04) Escrow to be paid prior to September 7, 2011 $1,459.62 Escrow Deficit $1,601.35 Y 261373 TOTAL $154,320.88 Plus interest from September 7, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. I?lel;ssa ? . o?eheiner, ?. ?--o,, e ee Von Sehm id A)aAbd nn Capr?s 1096 261373 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC. Plaintiff, v. PAULA RENEE VON SCHMID Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION -Q No.: 11-2538-CIVIL TERM ?a AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Q COMMONWEALTH OF PENNSYLVANIA ) v PHILADELPHIA COUNTY SS: C) }. o .? z ° r*, 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 Certif Receipt stamped by the U.S. Postal Service is attached hereto a urn No.309519 Date: 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 re resentative of the laintiff 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. PHS # 261373 EXHIBIT A di Li. wl I...1 4 N W of N? L C v d a r U w (OC ? N V G CD Ar a ?? 01) ?' 04 > Q B a? v x U ? O ? ? V ? ?. O L ? L ? 7 rr Ur ?N owL1.,,? zcj 4 C7 N c o ?°-v`U>v?i iz -R aCi' S?dZMtj 0G 7G mU ib0?o °' ?Q owiw? > >,a, 6 yv/a0. dvGG SwF-?N?=A. 3 vN °' e? i ?ti a,orZa?U of o E x °OC? `° oCa a ZF"1,? o o-. ?c?.? Laud L3.?a0 a ao? ?? c c?a W`?`"?3 E Ez 4 E a L a?Q+yi 61 ?v??r.]W w N\ W O tSi O o CC C (/? N C3 V7 4 WW o O Cl. Q L+'.. ?^ .r Q Q U .Mr U Q Q? rTi rr rti LL, rte. {t. N 47 CL, :z ? # .k -k is k ro y N O V) =sac rG r• t y a S w C _ F v v ? ? v Q 7 IP V C ? f T.. I? ' N .W WI W zl 0.? ? IE€ I i I I! t ' Ky ? Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff V. Attorney for Plaintiff 0 Vh- -cy fi i 00 °o VZ C COURT OF COMMON PLE c? CIVIL DIVISION s+? NO. 11-2538-CIVIL TERM PAULA RENEE VON SCHMID CUMBERLAND COUNTY Defendant MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for a postponement of its Sheriffs Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property known as 1240 SUMMIVIEW COURT, A/K/A 1240 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2200 involved herein has been scheduled for January 4, 2012. 2. Plaintiff has agreed to enter into settlement negotiations with the Defendant to possibly resolve the mortgage default. 3. A 2 month postponement of the Sheriffs sale will enable Plaintiff and Defendant to complete negotiations. 4. Unless the Court grants this Motion to postpone the Sheriff Sale, the Plaintiff will have to re-advertise the property to comply with Pa.R.C.P. 3129.2 which will result in additional costs to the parties. PHS # 261373 A brief postponement of the Sheriffs Sale will not prejudice Defendant and will, in fact, inure to his/her benefit. 6. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff attempted to obtain concurrence regarding its Motion to Postpone Sheriffs Sale. Plaintiffs counsel attempted to reach Defendant PAULA RENEE VON SCHMID via telephone on December 27, 2011 at (717) 497- 1487 and spoke with the Defendant in regards to postponing the 1/04/12 sale to the 3/07/12 sale. Defendant did not object to the Emergency Motion to Postpone. 7. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin Hess entered an order for Motion to Make Rule Absolute dated July 20, 2011 WHEREFORE, Plaintiff respectfully requests that the Sheriff's Sale of the mortgaged premises be continued to March 7, 2012. Phelan Ha inan & Schmieg, LLP Date: December 27, 2011 By: Melissa J. Cantwell, Esq., Id. No. 2 Attorney for Plaintiff PHS # 261373 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff V. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION : NO. 11-2538-CIVIL TERM PAULA RENEE VON SCHMID CUMBERLAND COUNTY Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO POSTPONE SHERIFF'S SALE Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sheriffs Sale of real property by special order of Court. In the case sub judice, a Sheriffs Sale of the mortgaged premises known as 1240 SUMMIVIEW COURT, A/K/A 1240 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2200 has been scheduled for January 4, 2012. However, a 2 month postponement is requested in order to attempt a resolution of the default. Inasmuch as the postponement will inure to the benefit of the Defendant, Defendant will not be injured by the granting of the relief requested. WHEREFORE, Plaintiff respectfully requests a 2 month continuance of the Sheriffs Sale of the mortgaged premises to the March 7, 2012 Sheriff s Sale. Date: December 27, 2011 Phelan H llinan & Schmie Y Melissa J. Cantwell, Esq., I 30 Attorney for Plaintiff PHS # 261373 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff V. PAULA RENEE VON SCHMID Defendant Attorney for Plaintiff COURT OF COMMON PLEAS : CIVIL DIVISION NO. 11-2538-CIVIL TERM CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the Motion to Postpone Sheriff's Sale relative to the above matter and Memorandum of Law have been sent to the individuals indicated below on December 27, 2011. PAULA RENEE VON SCHMID R. THOMAS KLINE, SHERIFF 1240 SUMMIVIEW COURT, A/K/A 1240 OFFICE OF THE SHERIFF SUMMIT VIEW COURT I COURTHOUSE SQUARE NEW CUMBERLAND, PA 17070-2200 CARLISLE PA 17013 Date: December 27, 2011 Phel Hallinan & Sc eg, P By: Melissa J. Cantwell, Esq., Id. No.30 Attorney for Plaintiff PHS # 261373 q AURORA LOAN SERVICES, LLC. Plaintiff V. PAULA RENEE VON SCHMID Defendant COURT OF COMMON PLEAS CIVIL DIVISION NO. 11-2538-CIVIL TERM CUMBERLAND COUNTY ORDER AND NOW, this ,?o ? day of December 2011, after consideration of Plaintiff s Motion to Postpone Sheriff s Sale of the mortgaged property, it is hereby ORDERED that the sale of 1240 SUMMIVIEW COURT, A/K/A 1240 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2200 is postponed 2 months to the Sheriff s Sale scheduled for March 7, 2012. No further advertising or additional notice to lienholders or Defendant is required. However, the Sheriff is directed to announce the continuation to the assembled bidders and Plaintiff is to forward a copy of this Order to Defendant via first class mail. - r , BY THE COURT: m ca -" x? r-rj (y) ? w c' a? ,v -,? ca z, - ) ca ryl PHS # 261373 DISTRIBUTION LEGEND ? JOSEPH SCHALK, ESQUIRE ATTORNEY I.D. NO. 91656 Phelan Hallinan & Schmieg, LLP 126 LOCUST STREET HARRISBURG, PA 17101 TEL: (215) 563-7000 FAX: (215) 563-8656 Joseph. Schalk@fedphe.com PAULA RENEE VON SCHMID 1240 SUMMIVIEW COURT A/K/A 1240 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2200 4:5 - iv, VA" 'vajd C bY6 PHS # 261373 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff v. PAULA RENEE VON SCHMID Defendant : CIVIL DIVISION NO. 11-2538-CIVIL TERM CUMBERLAND COUNTY MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for a postponement of its Sheriffs Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property known as 1240 SUMMIVIEW COURT, A/K/A 1240 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2200 involved herein has been scheduled for March 7, 2012. 2. Plaintiff has agreed to enter into settlement negotiations with the Defendant to possibly resolve the mortgage default. 3. A two month postponement of the Sheriffs sale will enable Plaintiff and Defendant to complete negotiations. 4. Unless the Court grants this Motion to postpone the Sheriff Sale, the Plaintiff will have to re-advertise the property to comply with Pa.R.C.P. 3129.2 which will result in additional costs to the parties. c, C= ?,, --5 "1 Attorney for Plaintiff ca `n ` z rn rn co r nn - r ? C7 N - w ^s- > C ra :jr ; d -a cn 5 COURT OF COMMON PLEAS '-) PHS 4 261373 A brief postponement of the Sheriffs Sale will not prejudice Defendant and will, in fact, inure to his/her benefit. 6. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff attempted to obtain concurrence regarding its Motion to Postpone Sheriffs Sale. Plaintiffs counsel attempted to reach Defendant via telephone on February 21, 2012 at (717) 774-1971 however, the number has been disconnected. Plaintiffs counsel attempted to reach Defendant PAULA RENEE VON SCHMID via a cell phone numbers on February 21, 2012 and spoke with borrower, confirming there is no objection to this motion. 7. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin Hess entered an order for Plaintiff s Motion to Postpone Sheriff s Sale dated December 30, 2011. WHEREFORE, Plaintiff respectfully requests that the Sheriff s Sale of the mortgaged premises be continued to May 1, 2012. Phelan Hallinan - c ieg, LLP Date: February 21, 2012 By: Allison F. ells, Esq., Id. No.3095 1 Number not listed to protect privacy of borrower PHS # 261373 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff v. PAULA RENEE VON SCHMID Defendant : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 11-2538-CIVIL TERM CUMBERLAND COUNTY MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO POSTPONE SHERIFF'S SALE Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sheriffs Sale of real property by special order of Court. In the case sub judice, a Sheriffs Sale of the mortgaged premises known as 1240 SUMMIVIEW COURT, A/K/A 1240 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2200 has been scheduled for March 7, 2012. However, a two month postponement is requested in order to attempt a resolution of the default. Inasmuch as the postponement will inure to the benefit of the Defendant, Defendant will not be injured by the granting of the relief requested. Attorney for Plaintiff PHS # 261373 WHEREFORE, Plaintiff respectfully requests a two month continuance of the Sheriffs Sale of the mortgaged premises to the May 1, 2012 Sheriff s Sale. Phelan Hal Rchmil'k, LLP Date: February 21, 2012 Allison lls, Esq., Id. N609519 Attorney for Plaintiff PHS # 261373 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff V. PAULA RENEE VON SCHMID Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 11-2538-CIVIL TERM CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the Motion to Postpone Sheriff's Sale relative to the above matter and Memorandum of Law have been sent to the individual indicated below on February 21, 2012. PAULA RENEE VON SCHMID 1240 SUMMIVIEW COURT A/K/A 1240 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2200 an Hallina,p4 Schmieg, LLP Date: February 21, 2012 Allison F. We s, ., Id. No.309519 Attorney for Plaintiff It PHS # 261373 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff Allison F. Wells, Esq., Id. No. 3095 W, , _ 10; 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNS + LVAHIA 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff V. PAULA RENEE VON SCHMID : COURT OF COMMON PLEAS CIVIL DIVISION NO. 11-2538-CIVIL TERM CUMBERLAND COUNTY Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the February 27, 2012 Court Order in regards to Plaintiff's Motion to Postpone was sent to the following individuals on the date indicated below. PAULA RENEE VON SCHMID RONNY R. ANDERSON 1240 SUMMIVIEW COURT CUMBERLAND COUNTY COURTHOUSE A/K/A 1240 SUMMIT VIEW COURT 1 Courthouse Square, Room 303 NEW CUMBERLAND, PA 17070-2200 Carlisle, PA 17013 Date: April 2, 2012 Phelan -By: .....,,,,...... +_.,.I., Attorney for Plaintiff LLP No. 309519 AURORA LOAN SERVICES, LLC : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2011-2538 CIVIL PAULA RENEE VON SCHMID, Defendant // ORDER AND NOW, this ll day of April, 2012, our order of February 27, 2012, is amended to reflect that the Sheriff's Sale is scheduled for May 2, 2012. All other provisions of said order of February 27, 2012, to remain in full force and effect. BY THE COURT, or Keviknn-AH e s sJ. ? Allison Wells, Esquire For the Plaintiff ? Paula Renee Von Schmid 1240 Summit View Court a New Cumberland, PA 17070 l" rT1 /Claudia Brewbaker -{ - , Sheriff's Office ~? =' - :rIrn NE r ROTHCN'O'T ;i AURORA LOAN SERVICES, LLC. Plaintiff V. PAULA RENEE VON SCHMID Defendant 2012 MAY -2 AM 9.25 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO. 11-2538-CIVIL TERM CUMBERLAND COUNTY (05/ ORDER AND NOW, this 24 day of Awl 2012, after consideration of Plaintiff's Motion to Postpone Sheriff's Sale of the mortgaged property, it is hereby ORDERED that the sale of 1240 SUMMIVIEW COURT, A/K/A 1240 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2200 is postponed two months to the Sheriff's Sale scheduled for July 11, 2012. No further advertising or additional notice to lienholders or Defendant is required. However, the Sheriff is directed to announce the continuation to the assembled bidders and Plaintiff is to forward a copy of this Order to Defendant via first class mail. PHS # 261373 BY THE COURT: DISTRIBUTION LEGEND ? JOSEPH SCHALK, ESQUIRE ATTORNEY I.D. NO. 91656 Phelan Hallinan & Schmieg, LLP 126 LOCUST STREET HARRISBURG, PA 17101 TEL: (215) 563-7000 FAX: (215) 563-8656 Joseph. Schalk@fedphe.com /'PAULA RENEE VON SCHMID 1240 SUMMIVIEW COURT A/K/A 1240 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2200 Ka. PHS # 261373 U 1 ..`'. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff Allison F. Wells, Esq., Id. No.30951 9 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza " 'rlBERLAND C0U11HT` Philadelphia, PA 19103 "PANSYLVANIA 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff V. PAULA RENEE VON SCHMID Defendant COURT OF COMMON PLEAS CIVIL DIVISION NO. 11-2538-CIVIL TERM CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the May 2, 2012 Court Order in regards to Plaintiff's Motion to Postpone was sent to the following individuals on the date indicated below. PAULA RENEE VON SCHMID R. THOMAS KLINE, SHERIFF 1240 SUMMIVIEW COURT OFFICE OF THE SHERIFF A/K/A 1240 SUMMIT VIEW COURT 1 COURTHOUSE SQUARE NEW CUMBERLAND, PA 17070-2200 CARLISLE PA 17013 Date: May 31, 2012 LLP AllisonX--VMls, Esq., Id. No.309519 Attorney for Plaintiff Phelan I q AURORA LOAN SERVICES, LLC. 1',' LE0-GF!"ICL THE PROTHON?? r?tt 2912 JUL -9 PM 2: 30 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 11-2538-CIVIL TERM PAULA RENEE VON SCHMID : CUMBERLAND COUNTY Defendant ORDER AND NOW, this day of July 2012, after consideration of Plaintiff's M to Postpone Sheriff's Sale of the mortgaged property, it is hereby ORDERED that the sale of 1240 SUMMIVIEW COURT, A/K/A 1240 SUMMIT COURT, NEW CUMBERLAND, PA 17070-2200 is postponed two months to the Sheriff's scheduled for September 5, 2012. No further advertising or additional notice to lienholders or Defendant is required. However, the Sheriff is directed to announce the continuation to the assembled bidders and Plaintiff is to forward a copy of this Order to Defendant via first class mail. PHS 4 261373 BY THE COURT: DISTRIBUTION LEGEND JOSEPH SCHALK, ESQUIRE ATTORNEY I.D. NO. 91656 Phelan Hallinan & Schmieg, LLP 126 LOCUST STREET HARRISBURG, PA 17101 TEL: (215) 563-7000 FAX: (215) 563-8656 Joseph. Schalk@fedphe.com ? PAULA RENEE VON SCHMID 1240 SUMMIVIEW COURT A/K/A 1240 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2200 ?c i P.s ? ,Jed 7/q?6 a )?'?V' 6, I/ 45i? PHS # 261373 THONFiLED-CEO TA`" " THE- R s? . Phelan Hallinan & Schmieg, LLP ttorney for Plaintiff John Michael Kolesnik, Esq., Id. No.3g4;7Z UL 30 AEI g' 2? 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 FENNSYLVANIA 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff V. COURT OF COMMON PLEAS CIVIL DIVISION NO. 11-2538-CIVIL TERM PAULA RENEE VON SCHMID CUMBERLAND COUNTY Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the July 9, 2012 Court Order in regards i Plaintiff's Motion to Postpone was sent via first class mail to the following individuals on the date indicated below. PAULA RENEE VON SCHMID 1240 SUMMIVIEW COURT A/K/A 1240 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2200 Date: July 27, 2012 R. THOMAS KLINE, SHERIFF OFFICE OF THE SHERIFF 1 COURTHOUSE SQUARE CARLISLE PA 17013 Phelan Hallinaq_&-§chmieg, LLP By: Joh naei xoiesnix, Esq., Id. No.308877 for Plaintiff