The URL can be used to link to this page

Home My WebLink About11-5530Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") 14221 Dallas Parkway, Suite 1000 Dallas TX 75254 Plaintiff V. CARLOS RIVERA TAMMY RIVERA 19 HEIDI TERRACE CAMP HILL, PA 17011-1141 Defendants OTARY 2011 J UL I I all 9: 34 CtihfDERLAND CpUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 11- 55 3 D C iV?1 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 236225 236225 C___/ °D I'd ac Ck-?lo41 g?i 3 0& ?c?« 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 #: 236225 I . Plaintiff is FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") 14221 Dallas Parkway Suite 1000 Dallas TX 75254 2. The name(s) and last known address(es) of the Defendant(s) are: CARLOS RIVERA TAMMY RIVERA 19 HEIDI TERRACE CAMP HILL, PA 17011-1141 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/28/2003 CARLOS RIVERA and TAMMY RIVERA made, executed and delivered a mortgage upon the premises hereinafter described to FIRST HORIZON HOME LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1833, Page 2279. By Assignment of Mortgage recorded 10/13/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201029221. 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 09/01/2009 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 File #: 236225 by written notice sent to Mortgagor, the entire principal balance and all interest due 6 thereon are collectible forthwith. The following amounts are due on the mortgage as of 05/12/2011: Principal Balance $81,435.40 Interest $9,954.92 Late Charges $0.00 Property Inspections $86.00 Appraisal/Brokers Price Opinion $90.00 Escrow Deficit $4,220.86 TOTAL $95,787.18 7 9 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. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. File #: 236225 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $95,787.18, together with interest, 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 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 ? urtenay R. Dunn, Esq., Id. No. 206779 E Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff File #: 236225 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Permsboro, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Heidi Terrace, which point is at the dividing lot nos. 8 and 8x on the hereinafter mentioned Plan of Lots; thence along the eastern line of Heidi Terrace North 46 degrees 50 minutes West 37.5 feet to line of Lot No. 9, as shown on said Plan; thence along the same North 43 degrees 10 minutes East 105 feet to a point; thence South 46 degrees 50 minutes East 37.5 feet to line of Lot No. 8; thence along the same South, 47 degrees 10 minutes West 105 feet to the point of BEGINNING. BEING Lot No. 8x, Plan No. 17, Ridley Park as recorded in the Cumberland County Recorder's Office in Plan Book 17, Page 64. PROPERTY ADDRESS: 19 HEIDI TERRACE, CAMP HILL, PA 17011-1141 PARCEL # 09-17-1044-053 File #: 236225 VERIFICATION -*Sebrus, Inc., as Smicer Nathan Abein , hereby states that he/she is Fvreclpsure Specialisof, "*IBM LENDER BUSINESS PROCESS SERVICES, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of 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:- ?V"?.x k S -U.D l File #: 236225 Name: Nathan Abe in Title: Foreclosure Specialist Seterus, Inc., as SerVker C?-kP Servicer: IBM LENDER BUSINESS PROCESS SERVICES, INC. Name: RIVERA SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff OF THE PROTHONOTARY Jody S Smith 2001 AUG 23 PM 3= 33 Chief Deputy , Richard W Stewart CUMBERLAND COUNT` 1,E.v,r4 PENNSYLVANIA, Solicitor Fannie Mae vs. Carlos Rivera (et al.) Case Number 2011-5530 SHERIFF'S RETURN OF SERVICE 07/12/2011 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: Carlos Rivera, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Snyder County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 07/12/2011 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: Tammy Rivera, but was unable4i locate her in his bailiwick. He therefore deputized the Sheriff of Snyder County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 07114/2011 12:40 PM - Snyder County Return: And now July 14, 2011 at 1240 hours I, Joseph S. Reigle Jr., Sheriff of Snyder County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Carlos Rivera by making known unto himself personally, at 99 Creek Road, Selinsgrove, Pennsylvania 17870 its contents and at the same time handing to him personally the said true and correct copy of the same. 07/14/2011 Snyder County Return: And now, July 14, 2011 I, Joseph S. Reigle Jr. Sheriff of Snyder County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Tammy Rivera the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Snyder and therefore return same NO__ T_EQUND. Request for service at 99 Creek Road, Selinsgrove, Pennsylvania 17870 the Defendant was not found. Carlos Rivera advised Deputies, Tammy Rivera currently resides at 19 Heidi Terrace, Camp Hill, Pennsylvania 17011. 08/01/2011 05:37 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on ---- August 1, 2011 at 1737 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tammy Rivera, by making known unto herself personally, at 19 Heidi Terrace, Camp Hill, Cumberland County, Pennsylvania 17011 its c ten nd at the same time handing to her personally the said true and correct copy of the same. MICHEL ALL, DEPUTY 08/08/2011 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: Carlos Rivera, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Carlos Rivera. Request for service at 19 Heidi Terrace, Camp Hill, Pennsylvania 17011 the Defendant was not found. Deputies were advised by the Defendant's ex wife that Carlos Rivera is thought to be residing in Selinsgrove, Pennsylvania. The Camp Hill Postmaster has confirmed, Carlos Rivera has moved and left no forwarding address. SHERIFF COST: $105.00 August 19, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ici GountySuite Sheri Ie:eosoft ue. SAVED DISK # 11-5530 FANNIE MAE MISC. DKT. BOOK # 37 PAGE # 168 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CARLOS RIVERA TAMMY RIVERA NO: 11-5530 NOTICE AND COMPLAINT IN MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE AND NOW, July 14, 2011, I, Lucas C. Bingman, Deputy Sheriff for Joseph S. Reigle, Jr., Sheriff of Snyder County, Pennsylvania, being duly sworn according to law deposes and says that the above described Notice and Complaint in Mortgage Foreclosure was served upon Carlos Rivera, named defendant, on July i4, 2011, at 12:40 P.M., at 99 Creek Rd., Selinsgrove, Snyder County, Pennsylvania, by personally handing to Carlos Rivera a true and correct copy of the above described Notice and Complaint in Mortgage Foreclosure and that I made known to Carlos Rivera the contents of the same. I hereby further certify and return the above described Notice and Complaint in Mortgage Foreclosure as NO SERVICE upon Carlos Rivera, named defendant. As per Carlos Rivera Tammy's residing at 19 Heidi Terrace, Camp Hill, Dauphin County, Pennsylvania. SO ANSWERS JOSEPH S. REIGLE, JR., SHERIFF BY: SNYDER COUNTY, PA. DEPUTY LUC BINGMAN COMMONWEALTH OF PENNSYLVANIA COUNTY OF SNYDER 3S: SWO AND SUBS R.1 D T3-6Fn ME T I DAY OF I 1 CATHERINE A. RE10 NOTARY PUBLIC MIDDLEBURG BOROUGH SNYDER COUNTY ?„ My GOMMI4 1" &PON A DEPUTATION BY: SHERIFF OF CUMBERLAND COUNTY, PA. SNYDER COUNTY SHERIFF'S FEES: Docketing, Service, Etc. $ 23.00 Mileage 12.00 Notary 5.00 Deposit: $200.00 Receipt # 11553 TOTAL: $ 40.00 PAID TO COUNTY CHECK # REIMBURSED TO PETTY CASH CHECK # Refund: $160.00 Check# 8288 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2011-5530 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff (s) From CARLOS RIVERA AND TAMMY RIVERA (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$95,787.18 L.L.$.50 Interest FROM 10/11/2011 TO DATE OF SALE ($15.75 PER DIEM) - $3,780.00 Atty's Comm % Atty Paid $244.50 Plaintiff Paid Date: 3/1/2012 (Seal) REQUESTING PARTY: Name ALLISON F. WELLS, ESQ. Due Prothy $2.25 Other Costs Ix a4aLL-:- David D. Buell, Prothonotary Deputy Address: PHELAN HALLINAN & SCHMIEG, LLP, 1617 JFK BOULEVARD, SUITE 1400, ONE PENN CENTER PLAZA, 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 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff V. CARLOS RIVERA TAMMY RIVERA Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 10/11/2011 to Date of Sale ($15.75 per diem) TOTAL COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-5530-CIVIL CUMBERLAND COUNTY C) C a (am` -? M a ` z ;;o = = ; C $95,787.18 $3,790.00 Attorney for Plaintiff Note: Please attach description of property. PHS # 236225 aZlr-0 P "y yy? ?L 5, /6,3 4XO I 5 10 S. 60 mss` BF ?,vq . 5,b f 3 S6 ?e ?L No.LLP O No309519 s *a8.5o PA A ?-? ? ? S34(o(Q/l, s 91087 ? a?r? 88 0 v 0 a W? O oa ? 0 ? W 0 OU w ? o a 3 U' W cn A w °? yo O I C? W '' o as W O ?p W U F"` r d a• ?A ?x a ao a? W y a7 ? ? a? d 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 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff V. CARLOS RIVERA TAMMY RIVERA Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-5530-CIVIL CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin., Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relatin a sification to authorities. Phelan Hallinaxl & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff d? 17-1 C:: -q --i rnm A r,--- r_ -a tW, FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") -Plaintiff v. CARLOS RIVERA TAMMY RIVERA Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-5530-CIVIL CUMBERLAND COUNTY PHS # 236225 AFFIDAVIT PURSUANT TO RULE 3129.1 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION"), 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 19 HEIDI TERRACE, CAMP HILL, PA 17011-1141. Name and address of Owner(s) or reputed Owner(s): Name 2. 3 CARLOS RIVERA TAMMY RIVERA Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cat inot be reasonably ascertained, please so indicate) a _ ,` 99 CREEK RD ^' : t SELINSGROVE, PA 17870-9397 19 HEIDI TERRACE -<' -- i C- CAMP HILL, PA 17011-1141 a yam,, Address (if address cannot be reasonably -+ 77 ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained., please indicate) KEYSTONE REAL ESTATE GROUP, THE APARTMENT STORE AMERICAN EXPRESS CENTURION BANK AMERICAN EXPRESS CENTURION BANK C/O FREDERIC I. WEINBERG, ESQUIRE AMERICAN EXPRESS CENTURION BANK C/O JOEL M. FLINK, ESQUIRE ARROW FINANCIAL SERVICES, LLC 6 MARSHALL DRIVE APARTMENT/SUITE J-16 CAMP HILL, PA 17011 200 VESEY STREET WFC 01-4 NEW YORK, NY 10285 100 E. HECTOR ST. SUITE 220 CONSHOHOCKEN, PA 19428 100 E. HECTOR ST. SUITE 220 CONSHOHOCKEN, PA 19428 5996 TOUHY AVENUE NILES, IL 60714 ARROW FINANCIAL SERVICES, LLC 1835 MARKET ST C/O DANIEL SANTUCCI, ESQUIRE SUITE 501 PHILADELPHIA, PA. 19103 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) PNC BANK NATIONAL ASSOCIATION 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 PNC BANK NATIONAL ASSOCIATION MAILSTOP P5-PCI,C-01-1 ATTN: MORTGAGE SERVICING 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) 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 CARLOS RIVERA C/O GEORGE E. CHRISTIANSON, ESQUIRE TAMMY RIVERA C/O GEORGE E. CHRISTIANSON, ESQUIRE DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 19 HEIDI TERRACE CAMP HILL, PA 17011-1141 411 CHESTNUT STREET LEBANON STREET, PA 17042 411 CHESTNUT STREET LEBANON STREET, PA 17042 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE FEDERAL BUILDING, P.O. BOX 11754 U.S. ATTORNEY FOR THE MIDDLE 228 WALNUT STREET DISTRICT OF PA HARRISBURG, PA 17108 I verify that the statements made in this affidavit are true and correct the-besV-G?y personal knowledge or information and belief I understand that false stateme reine'made subject to the penalties of 18 Pa. A. § 904 relating to unsworn falsification to hties. . Date: Phelan Halliu?u & SFI ieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff FANNIE MAE ("FEDERAL NATIONAL MORTGAGE COURT OF COMMON PLEAS ASSOCIATION") CIVIL DIVISION Plaintiff : : NO.: 11-5530-CIVIL VS. CARLOS RIVERA CUMBERLAV C mu 4ty TAMMY RIVERA -a3 rncu - -n Defendant(s) = NOTICE OF SHERIFF'S SALE OF REAL PROPERTY 3 c --, a TO: TAMMY RIVERA CARLOS RIVERA 19 HEIDI TERRACE 99 CREEK RD CAMP HILL, PA 17011-1141 SELINSGROVE, PA 17870-9397 "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 19 HEIDI TERRACE, CAMP HILL, PA 17011-1141 is scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $95,787.18 obtained by FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") (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. 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. Yoq may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-5530-CIVIL FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") vs. CARLOS RIVERA TAMMY RIVERA owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 19 HEIDI TERRACE, CAMP HILL, PA 17011-1141 Parcel No. 09-17-1044-053 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $95,787.18 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Heidi Terrace, which point is at the dividing lot nos. 8 and 8x on the hereinafter mentioned Plan of Lots; thence along the eastern line of Heidi Terrace North 46 degrees 50 minutes West 37.5 feet to line of Lot No. 9, as shown on said Plan; thence along the same North 43 degrees 10 minutes East 105 feet to a point; thence South 46 degrees 50 minutes East 37.5 feet to line of Lot No. 8; thence along the same South, 47 degrees 10 minutes West 105 feet to the point of BEGINNING. BEING Lot No. 8x, Plan No. 17, Ridley Park as recorded in the Cumberland County Recorder's Office in Plan Book 17, Page 64. HAVING THEREON ERECTED a dwelling house numbered as 19 Heidi Terrace. TITLE TO SAID PREMISES VESTED IN Carlos Rivera and Tammy Rivera, h/w, by Deed from Duane Clark and Tanya K. Clark, f/k/a Tanya K. Magaro, h/w, dated 08/28/2003, recorded 09/02/2003 in Book 259, Page 19. PREMISES BEING: 19 HEIDI TERRACE, CAMP HILL, PA 17011-1141 PARCEL NO. 09-17-1044-053 l'I 11J: u -ND CO""TY 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 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff V. CARLOS RIVERA TAMMY RIVERA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-5530-CIVIL 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: Plaintiff commenced this foreclosure action by filing a Complaint on July 11, 2011. 2. Judgment was entered on October 10, 2011 in the amount of $95,787.18. 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 236225 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 6, 2012. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through June 6, 2012 Per Diem $15.34 $81,435.40 $15,952.41 Legal fees $1,300.00 Cost of Suit and Title $1,485.50 Property Inspections $161.00 Property Preservation $503.64 Appraisal/Brokers Price Opinion $90.00 Mortgage Insurance Premium/ Private Mortgage Insurance $2,184.42 Escrow Deficit $3,642.45 TOTAL $106,754.82 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 Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on March 22. 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "B". 236225 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: -J7?? Phelan Hallinan & Schmieg, LLP By: 1 Melissa J. Cantwell, Esquire ATTORNEY FOR PLAINTIFF 236225 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 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff V. CARLOS RIVERA TAMMY RIVERA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-5530-CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE CARLOS RIVERA and TAMMY RIVERA 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 19 HEIDI TERRACE, CAMP HILL, PA 17011-1141. 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. 236225 In the instant case, Defendants 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 Defendants 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. Cion oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and. in fact, can be expected to change from day to day because the bank must advance sums in order to protect 236225 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 Defendants 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 Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 236225 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 Defendants 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 236225 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 Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff s recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Cnter, 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). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included 236225 in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff s legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff s sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriffs 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. 236225 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 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 236225 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. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for 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. DATE: Q' r helan limn & Sc , LLP By. ; Melissa J. Cantwell, Esquire Attorney for Plaintiff 236225 Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP Joshua I. Goldman, Esq., Id. No.205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") vs. CARLOS RIVERA TAMMY RIVERA Attorney for Plaintiff CUMBERLAND COUNTY y :. x` COURT OF COMMON PLEAS°c. CIVIL DIVISION : No. 11-5530-CIVIL 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 CARLOS RIVERA, and TAMMY RIVERA, 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 TOTAL $95,787.18 $95,787.18 I hereby certify that (1) the Defendants' last known addresses are 99 CREEK RD, SE.LINSGROVE, PA 17870-9397, and 19IIEIDI TERRACE, CAMP HILL, PA 17011-1141, and (2) that notice has been given in accordance with Rule Pa.R.C. Date to 11 11 k DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: lt) 11 PHS # 236225 CC: GEORGE E. CHRISTIANSON, ESQUIRE CHRISTIANSON MEYER 411 CHESTNUT STREET LEBANON, PA 17042 W. 14.00 0 a? * III-)a 90 w- laoh o 236225 Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey March 22, 2012 GEORGE E. CHRISTIANSON, ESQUIRE 411 CHESTNUT STREET LEBANON, PA 17042 CARLOS RIVERA 99 CREEK RD SELINSGROVE, PA 17870-9397 CARLOS RIVERA 19 HEIDI TERRACE CAMP HILL, PA 17011-1141 RE: FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") v. CARLOS RIVERA and TAMMY RIVERA Premises Address: 19 HEIDI TERRACE CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 11-5530-CIVIL Dear Defendant & Counsel, 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 March 27, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Melissa J. Cantwell, Esquire Attorney for Plaintiff Enclosure 236225 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 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff V. CARLOS RIVERA TAMMY RIVERA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-5530-CIVIL 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 individuals on the date indicated below. GEORGE E. CHRISTIANSON, ESQUIRE 411 CHESTNUT STREET LEBANON, PA 17042 CARLOS RIVERA 99 CREEK RD SELINSGROVE, PA 17870-9397 CARLOS RIVERA 19 HEIDI TERRACE CAMP HILL, PA 17011-1141 DATE: J Phelan Hallinan & Schmieg, LLP B Melissa J. Cantwell, Esquire ATTORNEY FOR PLAINTIFF 236225 r PE1?'`?J`r' ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FANNIE MAE ("FEDERAL NATIONAL Court of Common Pleas MORTGAGE ASSOCIATION") Plaintiff Civil Division V. CUMBERLAND County CARLOS RIVERA No.: 11-5530-CIVIL TAMMY RIVERA Defendants RULE AND NOW, this day of 2012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY CO J. 236225 Melissa J. Cantwell, Esq., Id. No.308912 ? Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 V GEORGE E. CHRISTIANSON, ESQUIRE ?CARLOS RIVERA 411 CHESTNUT STREET 99 CREEK RD LEBANON. PA 17042 SELINSGROVE, PA 17870-9397 i/ CARLOS RIVERA 19 HEIDI TERRACE CAMP HILL, PA 17011-1141 (410.5 d'KCi ded 141311a 9" 236225 236225 PLAINTIFF FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") DEFENDANT CARLOS RIVERA TAMMY RIVERA SERVE TAMMY RIVERA AT: 19 HEIDI TERRACE CAMP HILL, PA 17011-1141 PHS # 236225 SERVICE TEAM/ lxh COURT NO.: 11-5530-CIVIL TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: June 6, 2012 6-) SERVED Served and made known to TAMMY RIVERA, Defendant on the.12115ay of 20 f 2?, at z 04 o'clock P M., at 3 @ - B in the manner described below: _? Defendant personally served. fj"-41 P4 Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: 4 ., rn -0 r" „CC7 f7~ 2 Q C ; Descr. tAge 46s Height G16 Weight r to 6 Race W Sex P Other I, AAD (-t_ , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. 2 54- ?duNb Vk-4-itT- DATE: NAME: f N l/ GSTCs1}'T?O?? D IS c:l_6Sr:.d T("T PRINTED NAME: K U 1U1t("? 4Q LC,. Dfr-?v /? ? 2R?S r n?S a? `D 3(3 W. 00 y t'NC ?13TITLE: ",,g,?-( QPO?t PA-. NOT SERVED On the day of f?T = , 2"-,--" 11 -M., Defendant NOT FOUND because: - Vacant - Does Not Exist _ Moved - Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND CO" U - FANNIE MAE ("FEDERAL NATIONAL MORTGAGE l ° a J{ t { , ASSOCIATION") PHS # 236225 J K IAPR 10 AM 10* 03 DEFENDANT SERVICE TEA CARLOS RIVERA COURT NO.: 11-5530-CIVIL TAMMY RIVERA CUMBERLAND COUNT V 'ENNSYLVANI A SERVE CARLOS RIVERA AT: TYPE OF ACTION 99 CREEK RD XX Notice of Sheriffs Sale SELINSGROVE, PA 17870-9397 SALE DATE: June 6, 2012 SERVED Served and made known to CARLOS RIVERA, Defendant on the (?y of /?(J}-(Lel-{ , 20 L?1, at 2 •.30, o'clock P.M., at OR C. P-F* R0, SEa. 5Gf2ou E P , in the manner described below: JC Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _ Other: ti: Age 0 Height Uf Weight 25-0 Race ? Sex M Other Des 9i Zion I, u A-,?- 0 M6 a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. e _ 0 DATE: NAME: PRINTED NAME: TITLE: NO cis Sw y,f1Z NOT SERVED On the day of , 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant - Does Not Exist _ Moved - Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 r r'3" 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 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff vs. CARLOS RIVERA TAMMY RIVERA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-5530-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 3, 2012 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. GEORGE E. CHRISTIANSON, ESQUIRE 411 CHESTNUT STREET LEBANON, PA 17042 CARLOS RIVERA 19 HEIDI TERRACE CAMP HILL, PA 17011-1141 DATE: Gt CARLOS RIVERA 99 CREEK RD SELINSGROVE, PA 17870-9397 helan Hall an & Schm' LP By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 236225 ?T;s., -a L A, C? UN T'i "N l' r. r 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 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff vs. CARLOS RIVERA TAMMY RIVERA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-5530-CIVIL MOTION TO MAKE RULE ABSOLUTE FAANNIE MAE ("FEDERAL, NATIONAL MORTGAGE ASSOCIATION"), by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: A Motion to Reassess Damages was filed with the Court on March 30, 2012. 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 Defendants on March 22, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit A. 236225 A Rule was issued by the Court on or about April 3, 2012 directing the Defendants to show cause by April 23, 2012 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on April 9, 2012 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. Defendants failed to respond or otherwise plead by the Rule Returnable date of April 23, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: Schmieg, LLP Allison F. Wells, l sq Attorney for Plaintiff 236225 Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Sehmieg, LLP Representing Lenders in Pennsylvania and New Jersey March 22, 2012 GF;ORGE E. CHRISTIANSON, ESQUIRE 411 CHESTNUT STREET LEBANON, PA 17042 CARLOS RIVERA 99 CREEK RD SELINSGROVE, PA 17870-9397 CARLOS RIVERA 19 HEIDI "TERRACE CAMP HILL, PA 17011-1141 RE: FANNIE MAE ("FEDERAL NATIONAL. MORTGAGE ASSOCIATION") v. CARLOS RIVERA and TAMMY RIVERA Premises Address: 19 HEIDI TERRACE CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 11-5530-CIVIL. Dear Defendant & Counsel, 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 March 27, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, f bbb ea Melissa J. Cantwell, Esquire Attorney for Plaintiff Enclosure 236225 Exhibit "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FANNIE MAE ("FEDERAL NATIONAL Court of Common Pleas MORTGAGE ASSOCIATION") Plaintiff Civil Division v. CUMBERLAND County CARLOS RIVERA No.: 11-5530-CIVIL TAMMY RIVERA Defendants RULE ANY) NOW, this day of 2012, a Rule is entered upon the Defendants j to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY' ll. Ct? . . J. 236225 Exhibit "C" {? d.P PVC ? t Ea Phelan Hallinan & Schmieg, LLP' Melissa J. Cantwell, Esq., Id. No.308912 A"I T kNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 i RNFILE 1 One Penn Center Plaza #? Philadelphia, PA 19103 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL Court of Common Pleas MORTGAGE ASSOCIATION") Plaintiff Civil Division vs. CARLOS RIVERA TAMMY RIVERA Defendants CUMBERLAND County No.: 11-5530-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 3, 2012 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. GEORGE E. CHRISTIANSON, ESQ[ 11.1 CA 14,0S RJVERA 411 CHESTNUT STREET 99 CREEK RD LEBANON, PA 17042 SELINSGROVE, PA 17870-9397 CARLOS RIVERA 19 HEIDI TERRACE CAMP HILL, PA 17011-1141 ` Yl" Ian I falliri? u & Scl7rn` 1 ; DATE: ? 1iy f mk Iis ? J. Cantwell, Esquire Attorney for Plaintiff 236225 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 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff vs. CARLOS RIVERA TAMMY RIVERA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-5530-CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute were served upon the following individuals on the date indicated below. GEORGE E. CHRISTIANSON, ESQUIRE 411 CHESTNUT STREET LEBANON, PA 17042 CARLOS RIVERA 19 HEIDI TERRACE CAMP HILL, PA 17011-1141 DATE: AA /M CARL,OS RIVERA. 99 CREEK RD SELINSGROVE, PA 17870-9397 Phelan H & Schmieg, LLP B . All' on F. Wells, Esquire Attorney for Plaintiff 236225 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FANNIE MAE ("FEDERAL NATIONAL Court of Common Pleas MORTGAGE ASSOCIATION") Plaintiff Civil Division vs. CARLOS RIVERA TAMMY RIVERA Defendants ORDER CUMBERLAND County No.: 11-5530-CIVIL AND NOW, this 2 T day of 1-b ,.2012, upon consideration of Plaintiff s Motion. to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through June 6. 2012 Per Diem $15.34 Legal fees Cost of Suit and Title Property Inspections Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit TOTAL $81,435.40 $15,952.41 $1,300.00 $1,485.50 $161.00 $503.64 $90.00 $2,184.42 $3,642.45 $106,754.82 Plus interest from June 6, 2012 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. vIN'VA L&SNN3d ?voo PTf? 838W O V ?I tr SOS ?-T cMWcy ?. VP.'Cc :E Wd {lz W 1If-, I Y THE COURT: J. 236225 Y cvp`,rs iua.,'(,-d S/Ay?i? ,E?,? PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ., ' . L_ 'J F i i p ??ryryC r Attorney for Plaintiff Fi'?! " ND COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FANNIE MAE ("FEDERAL NATIONAL CUMBERLAND COUNTY MORTGAGE ASSOCIATION") : Plaintiff, COURT OF COMMON PLEAS v. CARLOS RIVERA TAMMY RIVERA Defendant(s) CIVIL DIVISION No.: 11-5530-CIVIL 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 3nCertifed Mail Return Receipt stamped by the U.S. Postal Service is attached reto Exhibit "A". R Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS 4 236225 FANNI,E MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff V. CARLOS RIVERA TAMMY RIVERA Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-5530-CIVIL CUMBERLAND COUNTY PHS # 236225 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION"), 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 19 HEIDI TERRACE, CAMP HILL, PA 17011-1141. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) CAR-LOS RIVERA TAMMY RIVERA 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 99 CREEK RD SELINSGROVE, PA 17870-9397 19 HEIDI TERRACE CAMP HILL, PA 17011-1141 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) Keystone Real Estate Group, The Apartment 6 Marshall Drive Store Apartment/Suite J-16 CAMP HILL, PA 17011 American Express Centurion Bank 200 Vesey Street WFC 01-4 NEW YORK, NY 10285 American Express Centurion Bank C/O 100 E. HECTOR ST. FREDERIC I. WEINBERG, ESQUIRE SUITE 220 CONSHOHOCKEN, PA 19428 AMERICAN EXPRESS CENTURION BANK 100 E. HECTOR ST. C/O JOEL M. FLINK, ESQUIRE SUITE 220 CONSHOHOCKEN, PA 19428 ARROW FINANCIAL SERVICES, LLC 5996 TOUHY AVENUE NILES, IL 60714 ARROW FINANCIAL SERVICES, LLC 1835 MARKET ST C/O DANIEL SANTUCCI, ESQUIRE SUITE 501 PHILADELPHIA, PA. 19103 Name and address of last recorded holder of every mortgage of record: Name PNC BANK NATIONAL ASSOCIATION Address (if address cannot be reasonably ascertained, please indicate) 2730 Liberty Avenue Pittsburgh, PA 15222 PNC BANK NATIONAL ASSOCIATION ATTN: MORTGAGE SERVICING MAILSTOP P5-PCLC-01-1 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 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) East Pennsboro Township 98 South Enola Drive Enola, PA 17025 East Pennsboro Township C/O Joseph A. CURCILLO LAW LLC Curcillo III ESQ. 3964 LEXINGTON STREET HARRISBURG, PA 17109-2813 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 19 HEIDI TERRACE CAMP HILL, PA 17011-1141 CARLOS RIVERA C/O GEORGE E. CHRISTIANSON, ESQUIRE TAMMY RIVERA C/O GEORGE E CHRISTIANSON, ESQUIRE Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building 411 CHESTNUT STREET LEBANON STREET, PA 17042 411 CHESTNUT STREET LEBANON STREET, PA 17042 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I- . , . 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 st ments herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to thon s. Date: By Phelan linan & Schmieg, LLP . Cusick, Esq., Id. No.80193 Attorney for Plaintiff A- , y ? F^,i C W a Q N O C) O O U ? Elf) d ? a U od xx?Q vt ?V? a--0 t b ? (tl y 'b ? o c?a 45vw z¢o x V W p C O o MM( 'A u ? ? 0 `{U C C 5 E W ? u k u u ?+ eq: e ? ? ? o G1 g? ?° ? ?a cH o Sm V 0 I a 0 `l: 0 ? •+ 0 L a ? O T O H IA O O O O Yr y o ? ? c . a u P v u d N a' V o r ..n b w Q ? ? o , p ?? a+ y o y a ci ° w ? G c 0 ' V E"' N W J U a°oC . a. o n. CG -? d ? H'? a H3oa ? A ,? a a ? e..? ypT ? o W Q a a ? ? ? U ? z yt% p W W y ??' W (r? W z> ° a a - U S r - i * * z * * * * U .? y w c a u Gam. .r N es ..a - 'c% '. F .r.. .. zz ?n ox S 0. a C .7 `? W Q 4 m W F (.,, 4 ..7 Q ° 3! o " F y E Wa ec ?3 az n o a c? a b spyWa t4 0. w U o W RY Z3 ? 4 0? 49 ! § ?, ?.. na 4 oa 4 w' aojw ctz?'?xm??, U. F.d ?n '?E O +?!'"'tF y^W? E vulf?u ?4 ?!°a aw c??u• suC DO .+ WU UF x 4: -1 K0. t"'°?Y a rxlWN4 LS 4 y Y -C i ! y as o a o. a, ?j 3Cv? yxtta '??yy QO o1* a-a DG a ?''?V1 c 0 ?e o?? `?d xa,...oa2' f-•°;( so3Z °50?°;?O a.., MF .7V ?U w 0.tl4'a o?q ??? n?33 n Y ~. a ? ? ? °e `0. rq U!^rnU o.^?}O? j? ? epTp. ? yq o t m Cn4.00.?n4eF?Wj a<0.r4UtME?w26 C?gi7q(7 d 2 e x * ?* 41 u * * * fd * m C v ? Z Q ? o, o SHERIFF'S OFFICE OF CUMBERLAND COUNTX Ronny RAnderson ~. ~~ i ~,~~ Sheriff .', ~~; ~ i~i11 ~ ~i° s °~ ,. , ~~ Te,; , Jody SSmith - ChiefDe~~~ty ~'~~~~~~ Zz ~~ ~~~ ~~ Richard W Stewart ~ ; ,~ Solicitor I ~~~'. Fannie Mae vs. Carlos Rivera (et al. t ~:ase Number 2011-5530 SHERIFF'S RETURN OF SERVICE 03/24/2012 10:4E~ AM -Deputy Dennis Fry, being duly sworn according to law, states service was performed by posting a true cope of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 19 Heidi Terrace, Camp Hill, IPA 17011, Cumberland County. 03/24/2012 '10:46 AM -Ron Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Tammy Rivera, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Wriit, Notice and Description, in the above titled action, as "Not Found" at 19 Heidi Terrace, Camp Hill, PA 17011, defendant rnoved, did not leave a forwarding address with the post office. 05/25/2012 Order to Reassess Damages filed 514/12 fo$ 106,754.82 06/06/2012 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, Cumberland County, Pennsylvania on June 06, 2012 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Fannie Mae (Federal Mortgage Association), being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $807.76 October 22, 2012 SO ANSWERS, RONt3~r` R ANDERSON. SHERIFF a - a,s- ,~~ . ~. :~~ >o~ FANNIE MAE ("FEDERAL NATIONAL MORTGAGE COURT O1' COMMON PLEAS ASSOCIATIC)N")' Plaintiff CIVIL DI'V'ISION v. NO.:11-5530-CIVIL CARLOS RIVERA TAMMY RIVERA CUMBERLAND COUNTY Defendant] s) PHS # 236225 AFFIDAVIT PURSUANT TO RULE 3129.1 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION"), 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 19 HEIDI TERRACE, CAMP HILL, PA 17011-1141. 1. Name and address of Oumer(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) CARLOS RIVERA 99 CREEK RD SELINSGROVE, PA 17870-9397 TAMMI' RIVERA 19 HEIDI TERRACE CAMP HILL, PA 17011-11.41 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) KEYSTONE REAL ESTATE GROUP, THE 6 MARSHALL DRIVE APARTMENT STORE APARTMENT/SUITE J-16 CAMP HILL, PA 17011 AMERICAN EXPRESS CENTURION BANK 200 VESEY STREET WFC 01-4 NEW YORK, NY 10285 AMERICAN EXPRESS CENTURION BANK 100 E. HECTOR ST. C/O FREDERIC I. WEINBERG, ESQUIRE SUITE 220 CONSHOHOCKEN, PA 19428 AMERICAN EXPRESS CENTURION BANK 100 E. HECTOR ST. C/O JOEL M. FLINK, ESQUIRE SUITE 220 CONSHOHOCKEN, PA 19428 ARRO~'~' FINANCIAL SERVICES, LLC 5996 TOUHY AVENUE NILES, IL 60714 ARROW FINANCIAL SERVICES, LLC 1835 MARKE'1, ST C/O DANIEL SANTUCCI, ESQUH2E SUITE 501 PHILADELPHIA, PA. 1.9103 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) PNC BANK NATIONAL ASSOCIATION 2730 LIBERTY AVENUE PITTSBURGH, PA 1522'1, PNC BANK NATIONAL ASSOCIATION MAILSTOP P5-PCLC-01-1 ATTN: MORTGAGE SERVICING 2730 LIBERTY AVENUh PITTSBURGH, PA 15222: Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None, 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT' CARLOS :[iIVERA C/O GEORGE E. CHRISTIANSON, ESQUIRE TAMMY RIVERA C/O GEORGE E CHRISTIANSON, ESQUIRE DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 19 HEIDI TERRACE CAMP HILL, PA 17011-1141 411 CHESTNUT STREET LEBANON STREET, PA ]17042 411 CHESTNUT STREET LEBANON STREET, PA ]'.7042 13 NORTH HANOVER STREET CARLISLE., PA 17013 P.O. BOX 2(i75 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT Ol? JUSTICE FEDERAL BUILDING, P.O. BOX 11754 U.S. ATTORNEY FOR 'THE MIDDLE 228 WALNUT STREET DISTRICT OF PA HARRISBURG, PA 17108 I verify that the statements made in this affidavit are true and correct __ _a~~.y personal knowledge or information and belief. I understand that false stateme re~xi~areinade su~~ject to the penalties of 18 Pa. .A. ~ 904 relating to unsworn falsification to orities.~=' Date: ~ B ~ ~ ------ Phelan ~lliu.~~l_~~ieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff FANNIE MAE (">N EDERAL NATIONAL MORTGAGE ASSOCIATION") vs. CARLOS RIVERA TAMMY RIVERA Plaintiff Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-5530-CIVIL CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PKOPERTY' TO: TAMMY RIVERA 19 HEIDI TERRACE CAMP HILL, PA 17011-1141 CARLOS RIVERA 99 CREED RIi SELINSGROVE, PA 17870•-9397 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT A1VD ANY INFORMATION OBTAINED WH,L BE USEll FOR THAI' PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANHI2UPTCY, 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 19 HEIDI TERRACE, CAMP HILL, PA. 17011-1141 is scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $95,787.18 obtained by FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") (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 dice. To find out how much you must pay, you m;~y 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. YoGa may find out the price bid by calling 215-563-7000. 2. You maybe 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 e~;ceptions (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 AVF,NUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-5530-CIVIL FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") vs. CARLOS RIVERA TAMMY RIVERA owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 19 HEIDI TERRACE, CAMP HILL, PA 17011-1141 Parcel No. 09-17-1044-053 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLIN(s 3UDGMENT AMOUNT: $95,787.18 Phelan Hallinan & Schxnieg, LLP Attorney for Plaintiff 1617 JFK l3oulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL_ THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Heidi Terrace, which point is at the dividing lot nos and 8x on the hereinafter mentioned Plan of Lots; thence; along the eastern line of Heidi Terrace North 46 degrees 50 minutes West 37.5 feet to line of Lat No. 9, as shown on said Plan; thence along the same North 43 degrees 10 minutes East 105 feet to a point; thence South 46 degrees 50 minutes :East 37.5 feet to line of Lot No. 8; thence along the same South, 47 degrees V 0 minutes West 105 feet to the point of BEGINNING. BEING Lot No. 8x, Plan No. 17, Ridley Park as recorded in the Cumberland County Recorder's Office in Plan Book 17, Page 64. HAVING "THEREON ERECTED a dwelling house numbered as 19 Heidi Terrace. TITLE T'O SAID PREMISES VESTED IN Carlos Rivera and Tammy Rivera, h/w, by Deed from Duane Clark and Tanya K. Clark, f/k/a Tanya K. IVlagaro, h/w, dated 08/28/21)03, recorded 09/02/2003 in Book 259, Page 19. PREMISES BEING: 19 HEIDI TERRACE, CAMP HILL, PA 1701.1-1141 PARCEL, NO. 09-17-1044-053 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2011-5530 Civil CIVIL ACTION - I_A~1' TO THE SHERIFF ~OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FANNIE MAE ("FEDERAL NATIONAL, MORTGAGE ASSOCIATION") Plaintiff (s) From CARLOS RIVERA AND TAMMY RIVERA (1 j You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2 Y"ou are also directed to attach the property of the defendant(s) not levied upon in the possession o s' 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 o:r for the account of the defendant (s) and from delivering ;any property of the defendant (s) or otherwise disposing thereof; (;} If property of the defendant(s) not levied upon an subject to attachment is found in the possession o± 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$95,78T.18 L.L. $.50 Interest FROM 10/11/2011 TO DATE OF SALE ($15.75 PER DIEM) - $3,780.00 Atty`s Comm '% Atty Paid $244.50 Plaintiff Paid Date: 3/1 /2012 (Seal) REQUESTING PARTY: Due Prot:hy $2.25 Other Costs David D. Buell, Prothonotary By' / Deputy Name ALLISON F. WELLS, ESQ. Address: PHELAN HALLINAN & SCHMIEG, LLP, 1617 JFK BOULEV~IRD, SUITE 1400, ONE PENN CENTER PLAZA, PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Te I eph on e: 215-563-?000 Supreme Court ID No. 309519 _~OP'Y FROM RECORD I .1 Irn unbat Pmy~IwM/ e t rcG. Zp /,~-' ~- ~ ~- ~~ ~ On March 14, 2012 the sheriff levied upon the defendant's interest in the real property situated in fast Pennsboro Township, Cumberland bounty, P~., icnowr and numbered 19 Heidi Terrace, damp bill, P~ 17(~~..-~ 1141 more fully described on ~xhibit'`A"` flied with this writ and by this reference incorporated herenu Date: March 14, 2012 `~C: ' ~ ~~ For Claudia Brewbaker, Real Estate Coordinator 'f ."~3xi:'+ !"N~% '#~) MME ~~ '~ Writ No. 2011-5530 Civil Term Fannie Mae ("Federal National Mortgage Association") vs. Carlos Rivera, Tammy Rivera Atty.: Allison F. Wells By virtue of a Writ of Execution NO. 11-5530-CIVIL, FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") vs. CARLOS RI- VERA, TAMMY RIVERA, owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumber- land County, Pennsylvania, being 19 HEIDI TERRACE. CAMP HILL, PA 17011-1141. Parcel No. 09-17-1044-053. Improvements thereon: RESIDEN- TIAL DWELLING. .JUDGMENT AMOUNT: $95,787- .18. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 215-563-7000 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAI, (Under Act No. 587, approved May 16, 1929), F. 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 27, May 4, and May 11, 2012 Affiant further deposes that he is authorized to verify this statement by the ('umberland Law .Tournal, 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. f~ 1~ .__._._.. ~~ ~ ___ L s~ Marie Coyne, Editor SWORN TO AND SUBSCRIBED befot°e me this 11 day of May, 2012 ~~, . Notary ~,~ NOTARIAL SEAL DEBORAH E1 COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY tify Commission Expires Apr 28, 2014 The Patriot-News Co. :2020 Technology Pkwy Suite 3Q0' Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the ~latriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain.. being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy. Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City,. L:ounty and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and :>eptember 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 <~II of the allegations of this statement as to the time. place and character of publication are true; and That she has persona{ 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 unanimous>ly 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: 04/27/12 05/04/12 ~---,. ~ f ~ r~ ~ ~} 05111/12 Sworn to~rad~~ubscribed o me this:22 d~fof May, 2012 A.D ~: _.. ; ~~'' .! ~. ~-- `7 ~' . . _-~- __ ~.- -. Notary Public COMMONWEALTH QF PENNSYLVANIfo ~_w~~ Notarial Seal Sherrie L. Owens, Nntary Public. Lower Nax[on Twp., Dauphin County Ply Commission Expires Nov. 26, 2015 MEMBER, pENNSYL'JANIA ASSOCIATION OF' NOTARIES COMMOI\f WEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: L. Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Fannie Mae (Federal National Mort~a~e Association is the grantee the same having been sold to said grantee on the 6 day of June A.D., 2012, under and by virtue of a writ Execution issued on the 1 day of March, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 5530, at the suit of Fannie Mae (~FederallVational Mort;;aQe Association) ;against Carlos Rivera and Tammy Rivera is duly recorded as Instrument 1\lumber 2012325?S. IN TESTIMON"Y WHEREOF, I have herei.znto set my hand and seal of said office this ~ day of ~ - -- ~r A.D. ~1 fly'-!~ ~ of Deeds RerArder of Deeds, t~rtiberland Cor~rny, Carlisle, PA lNy Commission Expires the Eus: lWc>nday ai Jan. tai4 FaanM M~~ ~ ~ ~"1 Carlos.p~ .~ '. By virtue ofa Writot'Fauvtian NO. i1-5530-t;IVII, FANIVIE SAE ~~~~AL NA~TONAL CARLOS~A~ERIVJAS5OQAT1ON'~ ~, TAMI-'syRIVERA owner(s) °f p~rtY situaae in the unl ~8 9 1 ~' ~ Hlld, PA IINa 09-17-#Q4q{1S3 , Acreage or meet ~ ~G them; RESID)rN'I7AI, 1~'M~NT+IMOUNT. 595,787.18