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HomeMy WebLinkAbout11-8995SHERIFF'S OFFICE OF CUMBERLAND COUNTY -O lOw Ronny R Anderson FILED _ THE PPOTHONOTAly Sheriff Jody S Smith 2011 DEC 2$ PM 12; 41 Chief deputy _ CUMBERLAND COUNTY Richard w Stewart Solicitor PENNSYLVANIA Nationstar Mortgage LLC Case Number vs. Alyssa R. Statler 2011-8995 SHERIFF'S RETURN OF SERVICE 12/09/2011 05:01 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 9, 2011 at 1701 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Alyssa R. Statler, by making known unto Stephanie Morret, current occupant of 453 N. Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. NOAH CLINE, DEPUTY SHERIFF COST: $34.00 December 14, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ?=;i_ED-?'? r IL's PPO HOPO CArt 20 i 2 FEB 17 A 10: 2 D CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 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 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE LLC Plaintiff VS. ALYSSA R. STATLER Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : No. 11-8995 CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE a 11."1 S P A s-?31 [2 4 x -711.2 1 TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN IlyAX & SCHMIEG, LLP By: LJ La nce T. Phelan, Esq., Id. No. 32227 ? ancis 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 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Cantwell, Esq., Id. No. 308912 ? Mario J. Hanyon, Esq., Id. No. 203993 ? Andrew J. Marley, Esq., Id. No. 312314 ? 8mbert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Attorneys for Plaintiff Date: January 26, 2012 /clo, Svc Dept. File# 259381 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor tErarG6?rf???b1EV-P A`HE-'-, rFF PR"'nifit) !'tG< 2(?iZ FEB 27 APB 8: 29 CUMBERLAND COUNTY PENNSYLVANIA Nationstar Mortgage LLC vs. Case Number Alyssa R. Statler 2011-8995 SHERIFF'S RETURN OF SERVICE 02/22/2012 02:37 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on February 22, 2012 at 1437 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Alyssa R. Statler, by making known unto Michael Statler, Brother of Defendant at 196 Birch Lane, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $34.00 February 23, 2012 RYAN BURGETT, DEP -- SO ANSWERS, RON R ANDERSON, SHERIFF PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE LLC VS. ALYSSA R. STATLER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION No. 11-8995 CIVIL o C, r rn PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ? <10' %0 ? ANSWER AND ASSESSMENT OF DAMAGES '<, © a .. z? ?. x' C >C*-' - THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ALYSSA R. STATLER, 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 $84,964.48 $84,964.48 I hereby certify that (1) the Defendant's last known addresses are 453 NORTH PITT STREET, CARLISLE, PA 17013-1946 and 196 BIRCH LN, CARLISLE, PA 17015-7814, and (2) that notice has been given in accordance with Rule Pa.R.C.P 1. Date )'I X) atthe ushwood, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: y 1q !a # Ito.So pA ATT%1 PHS # 259381 PROTHONOTARY to 11-n o6q 2It dl-3999 K)0a ce PS lec( 259381 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE LLC VS. ALYSSA R. STATLER : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-8995 CIVIL 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 its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant ALYSSA R. STATLER is over 18 years of age and resides at 453 NORTH PITT STREET, CARLISLE, PA 17013-1946 and 196 BIRCH LN, CARLISLE, PA 17015-7814. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date llth.?w shwood, Esquire Attornor Plaintiff 259381 NATIONSTAR MORTGAGE LLC: Plaintiff V. ALYSSA R. STATLF.R Defendant TO: ALYSSA R. STATLER 196 BIRCH LN CARLISLE, PA 17015-78 ,4 , 2- DATE OF NOTICE: "21) COURT OF COMMON PLEAS CIVIL DWISON NO. 11-8995 CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE 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 A13LE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR. ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE, CARLISLE, PA 17013 (717) 249-3166 Dana Es quire By: e?F6plzdil Attorxre tiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 259381 NATIONSTAR MORTGAGE LLC Plaintiff V. ALYSSA R. STATLER Defendant DATE OF NOTICE: COURT OF COMMON PLEAS TO. ALYSSA R. STATLER 453 NORTH PITT STREET CARLISLE, PA 117013-1946 CIVIL DIVISON NO. 11-8995 CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (7 t7) 249-31.66 By: IJana i' vsky, Esquire Attor ey r Plaintiff Phelan : allinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 259381 (Rule of Civil Procedure No. 236) - Revised NATIONSTAR MORTGAGE LLC CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS ALYSSA R. STATLER CIVIL DIVISION No. 11-8995 CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esquire Attorney for Plaintiff 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 HA VE PRE J/70 USL Y RECEIVED A DISCHARGE IN BANKR UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONL Y ENFORCEMENT OFA LIEN AGAINST PROPERTY** 259381 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 NATIONSTAR MORTGAGE LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-8995 CIVIL ALYSSA R. STATLER Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $84,964.48€._ CD Interest from 04/20/2012 to Date of Sale $1,941.83 ($13.97 per diem) .__F .. <7 TOTAL $86,906.31s _ w Phe n Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff Note: Please attach description of property. PHS # 259381 O $ae. so PQ A`r-ry 34.0o C SF 34.0o 901.00 11.1s ilo.5o d . 50 •$0114. as - PO Arn' 4(a .a.5 f)we So LL C# 1lgac'P.38 1 -v ;>1 00 CIS r- ?, w a o Ln?]a 3 U Ln Q Q O1 U G4 ?> O a U U °O z a O w w o a w ? az O o ab oz x U ?D a w H s. sw C) U wo o a? c 3w cx Cd Cl)- °t 41 ? xQ) °? ? o a w za Cl) PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE LLC Plaintiff V. ALYSSA R. STATLER Defendant(s) Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-8995 CIVIL CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( } the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: P ,Wan Hallinan & Schmieg, LLP ohn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff M, c._ C..,7 r7l I NATIONSTAR MORTGAGE LLC Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V. ALYSSA R. STATLER Defendant(s) NO.: 11-8995 CIVIL CUMBERLAND COUNTY PHS # 259381 AFFIDAVIT PURSUANT TO RULE 3129.1 NATIONSTAR MORTGAGE LLC, 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 4$3? NOATH PITT STREET, CARLISLE, PA 17013-1946. : - 1. Name and address of Owner(s) or reputed Owner(s): rv' M Name Address (if address cannot be reasonably- r ascertained, please so indicate) _f; ° c ALYSSA R. STATLER 196 BIRCH LN y - x -' CARLISLE, PA 17015-7814 "7.:: C m tom` } 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 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) JAMES C. COSTOPOULOS 10 COURTHOUSE AVENUE SUITE 103 CARLISLE, PA 17013 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 453 NORTH PITT STREET CARLISLE, PA 17013-1946 Commonwealth of Pennsylvania Bureau of 6th Floor, Strawberry Sq. Individual Taxes Inheritance Tax Division Dept 280601 Harrisburg, PA 17128 Department of Public Welfare, TPL Casualty P.O. Box 8486 Unit, Estate' Recovery Program Willow Oak Building Harrisburg, PA 17105 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department' of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice 228 Walnut Street, Suite 220 U.S. Attorney for the Middle District of PA PO Box 11754 Federal Building Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 2- By. In Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff NATIONSTAR MORTGAGE LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. ALYSSA R. STATLER : NO.: 11-8995 CIVIL Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALYSSA R. STATLER 196 BIRCH LN CARLISLE, PA 17015-7814 **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 453 NORTH PITT STREET, CARLISLE, PA 17013-1946 is scheduled to be sold at the Sheriff s Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $84,964.48 obtained by NATIONSTAR MORTGAGE LLC (the mortgagee) against you. In the event the sale is continued, an anno caent--will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. = -' r- i NOTICE OF OWNER'S RIGHTS R - - 4. YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE' r =' To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STI] AND YOU HAVE OTHER X DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain piece or parcel of lane situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: ON the West by North Pitt Street; on the North by property now or formerly of John Humes; on the East by a 16 foot alley; and on the South by property now or formerly of said Ada S. Rinesmith. Containing thirty feet in front on North Pitt Street and extending in depth 138 feet, more or less to said alley on the East. Having thereon erected a two story frame dwelling house and other improvements known as 453 North Pitt Street, Carlisle, Pennsylvania. TITLE TO SAID PREMISES VESTED IN Alyssa R. Statler, a married person, by Deed from Dawn E. Collins and James J. Collins, w/h, dated 04/17/2007, recorded 04/19/2007 in Book 279, Page 3299. PREMISES BEING: 453 NORTH PITT STREET, CARLISLE, PA 17013-1946 PARCEL NO. 06-20-1798-298 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-8995 CIVIL NATIONSTAR MORTGAGE LLC vs. ALYSSA R. STATLER owner(s) of property situate in the BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being (Municipality) 453 NORTH PITT STREET, CARLISLE, PA 17013-1946 Parcel No. 06-20-1798-298 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $84,964.48 Phelan Halligan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia,' PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-8995 Civil CIVIL ACTION - LAW TO THE 'SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONSTAR MORTGAGE, LLC, Plaintiff (s) From ALYSSA R. STATLER (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 GARNISMEE(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: $84,964.48 L.L.: $.50 Interest from 4/20/12 to Date of Sale ($13.97 per diem) -- $1,941.83 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $219.25 Other Costs: Plaintiff Paid: Date: 6/1/2012 David D. Bu 1, Prothonotary (Seal) Deputy REQUESTING .'ARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA. PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 FII_LD-OFFICE TEL PROTHONOTARY" Phelan Hallinan & Schmieg, LLP Courtenay R. Dunn, Esq., Id. No.206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE LLC Plaintiff V. ALYSSA R. STATLER Defendant Z''.'i? JUL -`3 AM 9: 39 CUMBERLAND COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-8995 CIVIL PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on December 5, 2011. 2. Judgment was entered on April 19, 2012 in the amount of $84,964.48. A true 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 25938 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 5, 2012. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $80,444.93 Interest Through September 5, 2012 $3,771.59 Per Diem $4.41 Legal fees $1,300.00 Cost of Suit and Title $773.75 Property Preservation $24.30 Mortgage Insurance Premium/ Private Mortgage Insurance $1,689.40 Escrow Deficit $3,706.18 TOTAL $91,710.15 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in. the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy its proposed Motion to Reassess Damages and Order to the Defendant on June 29, 2012 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 25938 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: `2- Phelan Hallinan & Schmieg, LLP BY' Courtenay R. Dunn, Esqwre ATTORNEY FOR PLAINTIFF 2593 Phelan Hallinan & Schmieg, LLP Courtenay R. Dunn, Esq., Id. No.206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE LLC Plaintiff V. ALYSSA R. STATLER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-8995 CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE ALYSSA R. STATLER executed a Promissory Note agreeing to pay principal, interest late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums a these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 453 NORTH PITT STREET, CARLISLE, PA 17013-1946. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not 2591 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed outdated and need to be adjusted to include current interest, real estate taxes, insurance premil costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mort in order to protect its interests. It is also appropriate to give Defendant credit for monthly paym 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 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 259381 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 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. 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 i also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 25938 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 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 pri 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 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 Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 2593 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. V1. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping 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). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent includea in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 25938 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 is the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 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 tl 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. 25938 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid !; out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in 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. Phelan Hallinan & Schmieg, LLP DATE: By; Courtenay R. Dunn, Esquire Attorney for Plaintiff 259381 Exhibit "A" PHELAN HALLINAN & SC1541EG, LLP Attorney for Plaintiff Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza elf MEY FILE COPY Philadelphia, PA 19103 PLEASE RETURN 215-563-7000 NATIONSTAR MORTGAGE LLC CUMBERLAND CO .. .1 VS. COURT OF COMMJP .. vt ALYSSA R. STATLER CPAL DIVISION No. 11-8995 CIVIL -4 ? y . ATTOR?Y'?'?.?Op PLEASE En IRN PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSEWMENT OF DAMAGES TO THE PROTHONOTARY: Kindly eerier judgment in favor of the Plaintiff and against ALYSSA R. STATLER Defendant(s) for failure to file an Answer to Plaintiffs 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 584,964.48 $84,964.48 I hereby certify that (1) the Defendant"s last known addresses are 453 NORTH PITT STREET, CARLISLE, PA 17013-1946 and 1% BIRCH LN, CARLISLE, PA 17015-7814, and (2) that notice has been given in accordance with Rule PaR.C.P I. Date MalthelAj?fwhwood--, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. •& _ - w DATE: PHS M 259391 7 ATTORNEY RLE COPY PLEASE RETUPP PROTHONOTARY 259381 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 June 29, 2012 ALYSSA R. STATLER 453 NORTH PITT STREET CARLISLE, PA 17013-1946 ALYSSA R. STATLER 196 BIRCH LN CARLISLE, PA 17015-7814 RE: NATIONSTAR MORTGAGE LLC v. ALYSSA R. STATLER Premises Address: 453 NORTH PITT STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 11-8995 CIVIL 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 July 5, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Gyp. Dunn, Esquire Attorney for Plaintiff Enclosure 259381 z U i b '. 3000 1z 010610:,Ilivw oco*zo S, z 0 a O av on ? M O w. G v LL. CO U x ? ? a Q p? R4 a--a t v (U b 4. 7, 0 00 M O? N Phelan Hallinan & Schmieg, LLP Courtenay R. Dunn, Esq., Id. No.206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE LLC Plaintiff V. ALYSSA R. STATLER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-8995 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 individual on the date indicated below. ALYSSA R. STATLER 453 NORTH PITT STREET CARLISLE, PA 17013-1946 DATE ALYSSA R.STATLER 196 BIRCH LN CARLISLE, PA 17015-7814 Phelan Hallinan & Schmieg, LLP --? ` " By: Courtenay R. Dunn, Esquire ATTORNEY FOR PLAINTIFF 259381 NATIONSTAR MORTGAGE, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. ALYSSA R. STATLER DEFENDANT NO. 11-8995 CIVIL ORDER OF COURT AND NOW, this 11th day of July, 2012, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief should not be granted; 2. The Defendant will file an answer on or before August 1, 2012; 3. If no answer to the Rule to Show cause is filed by the required date, the relie requested by Petitioner shall be granted upon the Court's receipt of a Motion requesti Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, Courtenay R. Dunn, Esquire Attorney for Plaintiff Alyssa R. Statler Defendant bas cop`, e's,l?Pd 7/I I l a ?* OL ?AA A- M. L. Ebert, Jr., J. c C=D w aM c =:;u r ?C-1 =C X C', c.n f::. , -? c r-, i THE -FROTHON ,,- "t412 JUG 20 AM I I ? 0 ?, C,Upt"gS- LVAN Al.i Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE LLC Plaintiff Court of Common Pleas vs. ALYSSA R. STATLER Defendant Civil Division CUMBERLAND County No.: 11-8995 CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 11, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. ALYSSA R. STATLER 453 NORTH PITT STREET CARLISLE, PA 17013-1946 ALYSSA R. STATLER 196 BIRCH LN CARLISLE, PA 17015-7814 DATE: Phelan Hallin ieg, LLP B.-, Allison F. Wel quire Attorney for Plaintiff 25938 FILED-OFFICE OF TIDE PROTHONOTARY 2012 AUG -8 AM 10: 24 CUMBERLAND COUNTY PENNSYLVANIA 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 NATIONSTAR MORTGAGE LLC Plaintiff VS. ALYSSA R. STATLER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-8995 CIVIL MOTION TO MAKE RULE ABSOLUTE NATIONSTAR MORTGAGE 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 July 9, 2012. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a of its proposed Motion to Reassess Damages and Order to the Defendant on June 29, 2012 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 M.L. Ebert, Jr. on or about July 11, 2012 directing the Defendant to show cause by August 1, 2012 why the Motion to Reassess 259381 should not be granted. A true and correct copy of the Rule is attached hereto, made part and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on July 19, 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. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 1, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. DATE: Phelan Hallina ieg, LLP ?>I By: Alli o . Wells, squire Attorney for Plaintiff Exhibit "A" 259381 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 29, 2012 ALYSSA R. STATLER 453 NORTH PITT STREET CARLISLE, PA 17013-I946 ALYSSA R. STATLF,R 196 BIRCH LN CARLISLE, PA 17015-7814 RE: NATIONSTAR MORTGAGE LLC v. ALYSSA R. STATLER Premises Address: 453 NORTH PITT STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 11-8995 CIVIL 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 July 5, 2012. Should you have further questions or concerns, please do not hesitate to contact me, Otherwise, please be guided accordingly. Very truly yours, Gorflic.nay?kJXi nn, Esquire Attorney for Plaintiff Enclosure 259381 J M o?a as I 1 .4 [? R'f Cn zd M V1 N Exhibit "B" 25938 NATIONSTAR MORTGAGE, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V ALYSSA R. STATLER DEFENDANT NO. 11-8995 CIVIL ORDER OF COURT AND NOW, this 11 `h day of July, 2012, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is Issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before August 1, 2012; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute, If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary Is directed to forward said Answer to this Court. By the Court, L} k t ? V M, L, Ebert, Jr., I J. Courtenay R. Dunn, Esquire Attorney for Plaintiff Alyssa R: Statler Defendant t: bas Exhibit "C" 25938 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 Onc Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE LLC Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County ALYSSA R.STATLER No.: 11-8995 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 11, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. ALYSSA R. STATLER 453 NORTH PITT STREET CARLISLE, PA 17013-1946 ALYSSA R. STATLER 196 BIRCH LN CARLISLE, PA 17015-7814 Phelan llalIinarr c 4r11111ie?, I.LP DATE: _.?_- ;: I t v r Allison F. Wel quue Attorney for Plaintiff 259381 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE LLC Plaintiff Court of Common Pleas Civil Division vs. ALYSSA R. STATLER CUMBERLAND County No.: 11-8995 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absol was served upon the following individual on the date indicated below. ALYSSA R. STATLER 453 NORTH PITT STREET CARLISLE, PA 17013-1946 DATE: ALYSSA R. STATLER 196 BIRCH LN CARLISLE, PA 17015-7814 Phelan 11 z S I'll 1: 111 11"''lI eg, LL' B: Allison s, Esquire Attorney for Plaintiff AFFIDAVIT OF SERVICE (FNMA) ONS AR MORTGAGE LLC NA CUMBERLAND COU?iu o?? ? u t, ` i PHS#2593$ 7,, DEFENDANT SERVICE TE ALYSSA R. STATLER COURT NO.: IL T ND SERVE ALYSSA R. STATLER AT: CNUP TYPE OF AC A XX Notice of S e '3SY1%4 A 196 BIRCH LN CARLISLE, PA 17015-7814 SALE DATE: September 5, 2012 SERVED Served and made known to ALYSSA R. STATLER Defendant on the A- day of , 20?at ?• Z o'clock F. M., at in the manner described below: 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: Des iptiofn^:Age ? ? ? eight _ Weight Race ? Sex Other I, F I?bICe4? O""- "?';'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. DATE: NAME: PRINTED NAME: TITLE: Fc©ces? y.rv-r 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 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 PHELAN HALLINAN & SCHMIEG, 012 AUG 13 AM 10: 420mey for Plaintiff John Michael Kolesnik, Esq., Id. No.308 MERL A NO 1617 JFK Boulevard, Suite 1400 'ENNSYL COUNTY One Penn Center Plaza ' A N?Q Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE LLC Plaintiff, V. ALYSSA R. STATLER Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 11-8995 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY 1 SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached lte'?eto F4hibit "A". Date: hael Kolesnik, Esquire for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 259381 . , . - .j r ?o N = 00 ?1 O+ V? A W N ? ? rz ? O 9 - n ? % x- x- x• x' x- x' x- fD ° x- x• x' x• x- x- x- x Z x- x• x- x• x- x• x• x• x x' x' x' x- x' x• x• ? a• cD --? ?o aa+ x?_N?ncc b?? ?bvn n?nv n??? x?:?v mv?n n?y z w ? 0 ONO !/a V1 'fi O O " + ? -'c '--' c) 'b 'C S a W rv z c .? ?" t .. LTJ ?! < `? a v • rii Z a a ^t y' Od ? Z "3 . ? y r n ' fD ?p C v+ '?. C Al H 'T .y " ?iy y N 3 Z A Z t' a '3 A » 3o r O w Q' k N?? A ' 'Ot r A? M r O O ? . ?D " ,t 'Y ?„ tb O? n r O a ? r O0 C O ? Z ? 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G _ do Cl C" ?- a N^^ 41 a O C W N 0 N a r ?7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE LLC Court of Common Pleas Plaintiff vs. Civil Division `-~~ c..:._ CUMBERLAND C ~~ Y No.: 11-8995 CIVILr~...= ~ ~- ~. ~_ ~ c_ ~:~ ~- r~- _., r'~ f n5. ~_, _._ _ . ;yr--, ~'_ ALYSSA R. STATLER Defendant _-,, c: ;: a ORDER AND NOW, this ~~~~ day of R~9 , 2012, upon consideration of Plaintiff's c~ -~ c ,a 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 $80,444.93 Interest Through September 5, 2012 $3,771.59 Per Diem $4.41 Legal fees $1,300.00 Cost of Suit and Title $773.75 Property Preservation $24.30 Mortgage Insurance Premium/ Private Mortgage Insurance $1,689.40 Escrow Deficit $3,706.18 TOTAL $91,710.15 Plus interest from September 5, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. ~ ~~e1a~ . ~-cell; ~ Q H ~~ ~~ ~~ `~~ J yssa ,~' ...~~~ ~ jrr L BY THE CO RT: J. 259381 SI~ERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ,•- ~~~"~~_~~r;~~ sheriff Gr THE PROTHONOi'ARY ~~,xp ct ~re~~,~~ Jody S Smith ~a>s 4 ~~~~'~~ rt#12 4CT 29 AM 1~~ 5~ Chief Deputy '~ :~ yl ~'i ,xr~ ~~ GUM~ERLANO G©UNTY ~, ,~a- Richard W Stewart ~~ Solicitor tcE: ~-r,r su~~l~r PENNSYLVANIA Nationstar Mortgage LLC vs. Alyssa R. Statler Case Number 2011-8995 SHERIFF'S RETURN OF SERVICE 06/22/2012 11:18 AM -Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be TERRIE STATLER (MOTHER), who accepted as "Adult Person in Charge" for Alyssa R. Statler at 196 Birch Lane, Middlesex Township, Carlisle, PA 17015, Cumberland County. 06/22/2012 02:11 PM -Deputy Tim Black, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 453 North Pitt Street, Carlisle, PA 17013, Cumberland County. 09/06/2012 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, PA on September 5, 2012 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $735.71 October 29, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ~ • DD pd. ~ a- as pd ,C6 , ~~ ~r~ tc; CountySuite Sheriff, Teleosoit, Inc. 7. Name and,address+of every other person of whom the plaintiffhas lrnowledge 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 Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program Domestic Relations of Cumberland County 453 NORTH PITT STREET CARLISLE, PA 17013-1946 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Boa 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ~ By: in Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff NATIONSTAR MORTGAGE LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. ALYSSA R. STATLER NO.: 11-8995 CIVIL Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALYSSA R. STATLER 196 BIRCH LN CARLISLE, PA 17015-7814 * *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 DLSCHARGE IN BANKRUPTCY, THLS 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 453 NORTH PITT STREET, CARLISLE, PA 17013-1946 is scheduled to be sold at the Sheriffs Sale on 09/05!2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $84,964.48 obtained by NATIONSTAR MORTGAGE LLC (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 chazges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 21230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 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 r LEGAL DESCRIPTION ALL that certain piece or pazcel of lane situate in the Borough of Cazlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: ON the West by North Pitt Street; on the North by property now or formerly of Sohn Humes; on the East by a 16 foot alley; and on the South by property now or formerly of said Ada S. Rinesmith. Containing thirty feet in front on North Pitt Street and extending in depth 138 feet, more or less to said alley on the East. Having thereon erected a two story frame dwelling house and other improvements known as 453 North Pitt Street, Carlisle, Pennsylvania. TITLE TO SAID PREMISES VESTED IN Alyssa R. Statler, a married person, by Deed from Dawn E. Collins and James J. Collins, w/h, dated 04/17/2007, recorded 04/19/2007 in Book 279, Page 3299. PREMISES BEING: 453 NORTH PITT STREET, CARLISLE, PA 17013-1946 PARCEL NO.06-20-1798-298 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-8995 CIVIL NATIONSTAR MORTGAGE LLC vs. ALYSSA R. STATLER owner(s) of property situate in the BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being (Municipality) 453 NORTH PITT STREET, CARLISLE, PA 17013-1946 Parcel No. 06-20.1'798-298 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $84,964.48 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-8995 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONSTAR MORTGAGE, LLC, Plaintiff (s) From ALYSSA R. STATLER (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $84,964.48 L.L.: $.50 Interest from 4/20/12 to Date of Sale ($13.97 per diem) -- $1,941.83 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $219.25 Other Costs: Plaintiff Paid: Date: 6/1/2012 David D. Bu 11, Prothonota (Seal) gy; Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA. PA 19103 Attorney for: PLAINTIFF Te] ephone: 215-563-7000 Supreme Court ID No. 308877 TRUE C-t3PY FRAM 32ECORD In TestHSO~ wher~af, t hire unto: aat my hand and th8 said of saW at Cadlsie, Pa. This ~ day of ~',~~.~~ 20 ,.T.a~, Prothonotary •~~~~„ ~ On June 4 .24.12 the ~l~er~~# le~i~ urn the €~e~~~n~ant's interest in the real prcap~rty sitwate~l in ~a~r~e-rr~u~h, Cumberland County, PA, kna~n ar~d nu~mbe~+ 4 ~t~rth Pitt Street, Carlisle, P~4 1713 more ~ul~~ de~s~r~l on Exhibit "A" filed with this varit and by this re#erence incorporated herein. Date: June 4, 212 By: ~ ~ n., ~. ~l ~ ~ ~a:a+ Cla~c~~a Brevebaker, Real Estate Ccr+d~r~ator ray - tsr~~' 11Z w ~. CUMBERLAND LAW JOURNAL Writ Igo. 9011-899b Civil Term Nationstar Mortgage LLC vs. Alyssa R. Statler Atty.: Francis S. Hallman By virtue of a Writ of Execution NO. 11-8995 CML, NATIONSTAR MORTGAGE LLC vs. ALYSSA R. STATLER owner(s) of property situ- ate in the BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being 453 NORTH PITT STREET, CARLISLE, PA 17013-1946 Parcel No. 06-20-1798-298. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $84,964- .48. 96 r ~. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 27, August 3, and August 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ._---~ sa Marie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this 0 da of Au st 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr ZB, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Zie lg_er, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 5th day of September A.D., 2012, under and by virtue of a writ Execution. issued on the 1st day of June, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 8995, at the suit of Nationstar Mort~aage LLC against Alyssa R. Statler is duly recorded as Instrument Number 201233354. IN TESTIMONY WHEREOF, I have h~~ e~eunto set my hand and seal of said office this / ~l day of A.D. G,~ Recorder of Deeds NeoordetdDeeAe, An+bMtd Caingr, Cer~e, PA Ab Commission 6~es Um Fist Morbay d Jen. 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA.17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949.. respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly au#horized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 2811.8!95 ChrN Twm N~nsty MorlBsps LLC Vs Alysss R. Atly: Lands ~n ~ ~a Writ of Faecution NO.11- NATIONSTARMORTGAGELLC ALYSSA R STATLER owner(s) of property situate in the BOROUGH OF CARSLISLE, Cumberhu~d 453 T~~~~~'ly G1~E, ' EA 1 ~. @fr20.179~-298 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT. 684,964.48 This ad ran on the date(s) shown below: Ile ~latriot News NOw you know 07/27/12 r l`~'~ Sworrrto anal(~ubscribed befoFe /" ., .. \ I ~, ~ ~( 08/03/12 08/10112 y.. .... is 17/day c~ugust, 2012 A.D. l ~.. !t .i d~ ., Notary Public ~~}~~Qri~:{~~+l..T'^. t:'=f r'~. hp ~~:s~~..7aP'~7~A ~.- .~.. _.___ a ..._______. I '~ c,t aE ~,~ :i ~ !_'~V'JF(Y~iXt. 3 T } ~ 11 C.. 11is,4 f'~u ~.,o ~:!_.. on Fh~,!rt:ti "dcv. 26 0 i5 L~_ _ __ MEP1HEf , r ~ NS71 hi P., ~~ ~:::, .i , 1~?Y. .U'-Rf2.tE5