HomeMy WebLinkAbout12-0657PHELAN HALLINAN & SCHMIEG, LLP OFFICE
Mario J. Hanyon, Esq., Id. No.203993??.??"
l-( , i7 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF
One Penn Center Plaza, ?3t y
Philadelphia, PA 19103 FEB -'3
215-563-7000 p,Nd
BANK OF AMERICA, N.A., SUCCESSOR B$m5?
MERGER TO BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS
FKA COUNTRYWIDE HOME LOANS SERVICING,
LP CIVIL DIVISION
7105 CORPORATE DRIVE
PLANO, TX 75024 TERM
Plaintiff NO. D 0 l
V.
JUDY L. FISHER
805 WELLINGTON DRIVE
CARLISLE, PA 17013-3561
Defendant
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 286175
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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 M: 286175
Plaintiff is
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP
7105 CORPORATE DRIVE
PLANO, TX 75024
2. The name(s) and last known address(es) of the Defendant(s) are:
JUDY L. FISHER
805 WELLINGTON DRIVE
CARLISLE, PA 17013-3561
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
On 06/13/2008 JUDY L. FISHER made, executed and delivered a mortgage upon the
premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE BANK, FSB
which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in
Mortgage Instrument No. 200822295. By Assignment of Mortgage recorded 07/11/2011
the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment
of Mortgage Instrument No. 201119207. 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 03/01/2011 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
File #: 286175
6.
The following amounts are due on the mortgage as of 12/08/2011:
Principal Balance $176,240.10
Interest $7,136.75
02/01/2011 through 12/08/2011
Late Charges $69.76
Property Inspections $190.00
Escrow Deficit $12,467.64
Subtotal $196,104.25
Suspense Credit ($1,529.10)
TOTAL $194,575.15
7
8
Plaintiff is not seeking a judgment of personal liability (or an in personam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
Notice of Intention to Foreclose as set forth in Act 6 of 1974 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.
File t 286175
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$194,575.15, 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: '
NA?rio J. Hanyon, Esq., Id. Nora 3
Attorney for Plaintiff
File # 286175
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in the Third Ward of the Borough of Carlisle,
Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the southern side of Wellington Drive, on the dividing line between
Lot Nos. 3 and 2 on the hereinafter mentioned Plan of Lots; thence by said dividing line between
Lot Nos. 3 and 2, South three (03) degrees fifty-seven (57) minutes forty (40) seconds West, one
hundred fifty (150) feet to a point; thence along the Route 81 Service Road as shown on said
Plan of Lots. North eighty-six (86) degrees two (02) minutes twenty (20) seconds West, one
hundred (100) feet to a point on the dividing line between Lot Nos. 3 and 4; thence by the latter,
North three (03) degrees fifty-seven (57) minutes forty (40) seconds East, one hundred fifty (150)
feet to a point on the southern side of Wellington Drive; thence by the southern side of.,
Wellington Drive, South eighty-six (86) degrees two (02) minutes twenty (20)seconds East, one
hundred (100) feet to a point, the place of BEGINNING.
IT BEING the same premises which Judy Lee Foster a/k/a Judy L. Fisher by her deed dated May
30, 2001 and recorded in the Office of the Recorder of Deeds of Cumberland County,
Pennsylvania. in Record Book 246, Page 23 granted and conveyed unto Gregory E. Fisher and
Judy L. Fisher, Grantors herein.
PROPERTY ADDRESS: 805 WELLINGTON DRIVE, CARLISLE, PA 17013-3561
PARCEL # 04-22-0479-013
File #: 286175
VERIFICATION
u , hereby states that he/62isI V4 Hof BANK OF
AMERICA, N.A., Plaintiff in this matter, that he/ le 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 er information and belief. The undersigned understands that this
statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn
falsification to authorities.
DATE: /,A //?A / I
[if ell
BANK OF AMERICA, N.A.
File#: 286175
Name: FISHER
File #: 286175
i me:
sS?:Srt? ice nasi474,
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
; I" at CItlNbeq ?t
2012 FEB 13 AM 9. 14
CUIMPBEERLAND COUNTY
Bank of America, NA Case Number
vs. 2012-657
Judy L. Fisher
SHERIFF'S RETURN OF SERVICE
02/07/2012 08:51 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 7,
2012 at 2051 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Judy L. Fisher, by making known unto Stephanie Maxwell, Daughter of
Defendant at 805 Wellington Drive, 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
February 09, 2012
id; ?..OU?l?y5uite ;F='i*(. frk';S;}ft. 6'.;"";.
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
BANK OF AMERICA, N.A.,
SUCCESSOR BY MERGER TO BAC
HOME LOANS SERVICING, LP FKA
COUNTRYWIDE HOME LOANS
SERVICING, LP
VS.
JUDY L. FISHER
t'' Vii. ?iI 9 Eve
i mey for Plaintiff
e% t6f R 30 "1 !!:
ENNSYLVANIA
. CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
No. 2012-657-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 JUDY L. FISHER,
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
$194,575.1.5
$194,575.15
I hereby certify that (1) the Defendant's last known address is 805 WELLINGTON
DRIVE, CARLISLE, PA 17013-3561, and (2) that notice has been given in accordance with
Rule Pa.R.C.P 237.1.
Date ?)?q),?v r,?-- N !?
MattTheW shwood, Esquire
Attorney for Plaintiff CLyuk+
6t 1-l, / 1-713 ? I
DAMAGES ARE HEREBY ASSESSED AS INDICATED. fz
DATE: L
PHS # 286175 PROTHONOTARY
286175
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
BANK OF AMERICA, N.A.,
SUCCESSOR BY MERGER TO BAC
HOME LOANS SERVICING, LP FKA
COUNTRYWIDE HOME LOANS
SERVICING, LP
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
VS.
JUDY L. FISHER
: No. 2012-657-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 JUDY L. FISHER is over 18 years of age and resides at 805
WELLINGTON DRIVE, CARLISLE, PA 17013-3561.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unswom falsification to authorities.
Date
Matt rushwood, Esquire
Attorney for Plaintiff
286175
(Rule of Civil Procedure No. 236) - Revised
BANK OF AMERICA, N.A., SUCCESSOR CUMBERLAND COUNTY
BY MERGER TO BAC HOME LOANS
SERVICING, LP FKA COUNTRYWIDE COURT OF COMMON PLEAS
HOME LOANS SERVICING, LP
VS. CIVIL DIVISION
JUDY L. FISHER No. 2012-657-CIVIL
Notice is given that a Judgment in the above captioned matter has been entered
against you on a--.
77)
r .
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
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND
SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY"
BANK OF AMERICA, N.A., SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING,
LP FKA COUNTRYWIDE HOME LOANS
SERVICING, LP
V.
JUDY L. FISHER
Plaintiff
Defendant(s)
TO: JUDY L. FISHER
805 WELLINGTON DRIVE
CARLISLE, PA 17013-3561
DATE OF NOTICE:
COURT OF COMMON PLEAS
CIVIL DIVISON
NO. 2012-657-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
;r(71)7) ISLE, PA 17013
49-3166
William E. Miller, Esquire
Attorney for Plaintiff
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
PHS #E 286175
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 12-657 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BANK OF AMERICA, N.A., SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS
SERVICING, LP, Plaintiff (s)
From JUDY L. FISHER
(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: $194,575.15 L. L.: $.50
Interest from 3/31/1.2 to Date of Sale ($31.98 PER DIEM) - $5,084.82
Atty's Comm: % Due Prothy: $2.25
Atty Paid: $185.25 Other Costs:
Plaintiff Paid:
Date: 5/7/12
David D. Buell, Prothonotary
(Seal) )§.y: ?
Deputy
REQUESTING PARTY:
Name: CHRISTINA C. VIOLA, ESQUIRE
Address: PHELAN HALLINAN & SCHMIEG, LLP
1617 JFK BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 308909
PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME
LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS
SERVICING, LP
Plaintiff
V.
JUDY L. FISHER
Defendant(s)
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due
Interest from 03/31/2012 to Date of Sale
($31.98 per diem)
TOTAL
Note: Please attach description of property.
PHS # 286175
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COURT OF COMMON PLEAS
CIVIL DIVISION
NO.: 2012-657-CIVIL
CUMBERLAND COUNTY
$194,575.15
$5,084.84,
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$199,659.97
Ph linan & Schmieg, LLP
Christina C. Viola, Esq., Id. No.308909
Attorney for Plaintiff
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LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in the Third Ward of the Borough of Carlisle, Cumberland
County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the southern side of Wellington Drive, on the dividing line between Lot Nos. 3
and 2 on the hereinafter mentioned Plan of Lots; thence by said dividing line between Lot Nos. 3 and 2,
South three (03) degrees fifty-seven (57) minutes forty (40) seconds West, one hundred fifty (150) feet to a
point; thence along the Route 81 Service Road as shown on said Plan of Lots, North eighty-six (86) degrees
two (02) minutes twenty (20) seconds West, one hundred (100) feet to a point on the dividing line between
Lot Nos. 3 and 4; thence by the latter, North three (03) degrees fifty-seven (57) minutes forty (40) seconds
East, one hundred fifty (150) feet to a point on the southern side of Wellington Drive; thence by the southern
side of Wellington Drive, South eighty-six (86) degrees two (02) minutes twenty (20)seconds East, one
hundred (100) feet to a point, the place of BEGINNING.
TITLE TO SAID PREMISES VESTED IN Judy L. Fisher, by Deed from Gregory E. Fisher and Judy
L. Fisher, his wife, dated 08/13/2003, recorded 09/15/2003 in Book 259, Page 1468.
PREMISES BEING: 805 WELLINGTON DRIVE, CARLISLE, PA 17013-3561
PARCEL NO. 04-22-0479-013
PHELAN HALLINAN & SCHMIEG, LLP
Christina C. Viola, Esq., Id. No.308909
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
2" 12 MAY -'7 All
_1MEDr-RLr`J{ D CCU 1
BANK OF AMERICA, N.A., SUCCESSOR BY MEO TV fi*
HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME
LOANS SERVICING, LP
Plaintiff
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CIVIL DIVISION
NO.: 2012-657-CIVIL
V.
JUDY L. FISHER CUMBERLAND COUNTY
Defendant(s)
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:
Phe m LLP
Christina C. Viola, Esq., Id. No.308909
Attorney for Plaintiff
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC COURT OF COMMON PLEAS
HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME
LOANS SERVICING, LP CIVIL DIVISION
Plaintiff
NO.: 2012-657-CIVIL
V.
JUDY L. FISHER CUMBERLAND COUNTY
Defendant(s)
PHS # 286175
AFFIDAVIT PURSUANT TO RULE 3129.1
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA
COUNTRYWIDE HOME LOANS SERVICING, LP, Plain tiff 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 i nformation concerning the real property located at 805 WELLINGTON
DRIVE, CARLISLE, PA 17013-3561.
1. Name and address of Owner(s) or reputed Owner(s):
r? tom'
Name Address (if address cannot be reasonably
ascertained, please so indicate) r
JUDY L. FISHER 805 WELLINGTON DRIVF.
CARLISLE, PA 17013-3561; . _,.,
'
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)
DISCOVER BANK 6500 NEW ALBANY ROAD
NEW ALBANY, OH 43054
DISCOVER BANK 520 FELLOWSHIP RD # C306
C/O DAVID J. APOTHAKER, ESQUIRE MT LAUREL, NJ 08054
4. Name and address of last recorded holder of every mortgage of record:
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
5. Name and address of every other person who has any record lien on the property:
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
I I •
6. Name and address of every other person who has any record interest in the property and whose! interest may be affected by the
sale.
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may
be affected by the sale:
Name Address (if address cannot be
reasonably ascertained, please indicate)
TENANT/OCCUPANT
GREGORY EUGENE FISHER SR
GREGORY EUGENE FISHER SR
C/O PHILIP HARING SPARE, ESQUIRE
805 WELLINGTON DRIVE
CARLISLE, PA 17013-3561
230 LEEDS ROAD T-349
NEWVILLE, PA 17241
221 WEST PHILA STREET, STE E-600
YORK, PA 17401
JUDY L. FISHER
C/O JANE M. ALEXANDER, ESQUIRE
DOMESTIC RELATIONS OF
CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF WELFARE
148 S BALTIMORE STREET
DILLSBURG, PA 17019-1007
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 228 WALNUT STREET, SUITE 220
U.S. ATTORNEY FOR THE MIDDLE PO BOX 11754
DISTRICT OF PA 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 a orities.
Date: + " By:
Phelan a an Sc mieg, LLP
Christina C. Viola, Esq., Id. No.308909
Attorney for Plaintiff
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO COURT OF COMMON PLEAS
BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE
HOME LOANS SERVICING, LP CIVIL DIVISION
Plaintiff NO.: 2012-657-CIVIL
VS. '
c?
CUMBERLAND tO ttYTY_
JUDY L. FISHER'
Defendant(s)
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: JUDY L. FISHER
805 WELLINGTON DRIVE
CARLISLE, PA 17013-3561
"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 805 WELLINGTON DRIVE, CARLISLE, PA 17013-3561 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 $194,575.15 obtained by BANK OF AMERICA,
N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE
HOME LOANS SERVICING, LP (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.)
P&
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 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
SHORT DESCRIPTION
By virtue of a Writ of Execution NO. 2012-657-CIVIL
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP
vs.
JUDY L. FISHER
owner(s) of property situate in the THIRD WARD OF THE BOROUGH OF
CARLISLE, Cumberland County, Pennsylvania, being
(Municipality)
805 WELLINGTON DRIVE, CARLISLE, PA 17013-3561
Parcel No. 04-22-0479-013
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
JUDGMENT AMOUNT: $194,575.15
Phelan Hallinan & Schmieg, LLP
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
215-563-7000
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in the Third Ward of the Borough of Carlisle, Cumberland
County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the southern side of Wellington Drive, on the dividing line between Lot Nos. 3
and 2 on the hereinafter mentioned Plan of Lots; thence by said dividing line between Lot Nos. 3 and 2,
South three (03) degrees fifty-seven (57) minutes forty (40) seconds West, one hundred fifty (150) feet to a
point; thence along the Route 81 Service Road as shown on said Plan of Lots, North eighty-six (86) degrees
two (02) minutes twenty (20) seconds West, one hundred (100) feet to a point on the dividing line between
Lot Nos. 3 and 4; thence by the latter, North three (03) degrees fifty-seven (57) minutes forty (40) seconds
East, one hundred fifty (150) feet to a point on the southern side of Wellington Drive; thence by the southern
side of Wellington Drive, South eighty-six (86) degrees two (02) minutes twenty (20)seconds East, one
hundred (100) feet to a point, the place of BEGINNING.
TITLE TO SAID PREMISES VESTED M Judy L. Fisher, by Deed from Gregory E. Fisher and Judy
L. Fisher, his wife, dated 08/13/2003, recorded 09/15/2003 in Book 259, Page 1468.
PREMISES BEING: 805 WELLINGTON DRIVE, CARLISLE, PA 17013-3561
PARCEL NO. 04-22-0479-013
Fes,; i
r r,, 1 ?," ; -'s, k I` 1) 1J.
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
BANK OF AMERICA, N.A., SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING,
LP FKA COUNTRYWIDE HOME LOANS
SERVICING, LP
Plaintiff
V.
JUDY L. FISHER
Defendant
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 2012-657-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 February 3,
2012.
2. Judgment was entered on March 30, 2012 in the amount of $194,575.15. A
and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked
as Exhibit "A".
286175
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
which can be calculated from the complaint, i.e. bringing the interest current. However, new i
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
Interest Through September 5, 2012
Per Diem $22.87
Late Charges
Legal fees
Cost of Suit and Title
Property Inspections
Escrow Deficit
Suspense/Misc. Credits
$176,240.10
$13,346.27
$69.76
$1,875.00
$798.75
$220.00
$14,714.88
($2,787.36)
TOTAL $204,477.40
6. Plaintiff paid the following in taxes and insurance during the time the loan was in
default.
4/30/2010 HAZARD INSURANCE $787.92
8/30/2010 COUNTY TAX $4,315.00
10/26/2010 SCHOOL TAX $2,784.51
10/26/2010 CITY TAX $1,033.87
4/14/2011 CITY TAX $101.24
5/3/2011 HAZARD INSURANCE $753.00
8/18/2011 SCHOOL TAX $2,692.10
4/11/2012 CITY TAX $1,241.24
5/1/2012 HAZARD INSURANCE $1,006.00
TOTAL $14,714.88
s
286175
7. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
8. 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.
9. Plaintiff s foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiff s attached brief.
10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a cop of
its proposed Motion to Reassess Damages and Order to the Defendant on July 25, 2012 and
requested the Defendant's Concurrence. On July, 31, 2012, Plaintiff's representative received a
telephone call from Defendant. Defendant made clear that she was not disputing relief sought in
Plaintiff s Motion to Reassess Damages, and that she only wished to make Plaintiff aware that sh is
pursuing a loan modification. 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 Exhil
«B,
11. No judge has previously entered a ruling in this case.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE: ?-
Phelan Hallman & Sc
Allison F. ells, Es
ATTORNEY FOR PLAINTIFF
286175
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
BANK OF AMERICA, N.A., SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING,
LP FKA COUNTRYWIDE HOME LOANS
SERVICING, LP
Plaintiff
V.
JUDY L. FISHER
Defendant
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 2012-657-CIVIL
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
1. BACKGROUND OF CASE
JUDY L. FISHER 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
805 WELLINGTON DRIVE, CARLISLE, PA 17013-3561. 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.
2861
In the instant case, Defendant defaulted under the Mortgage by failing to tender
promised monthly mortgage payments. Accordingly, after it was clear that the default would not
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 premit
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
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
2861
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.2
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 Real
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 no
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. T
Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principa
and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor
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.
2861'
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). Pennsylv,
Rule of Civil Procedure 1141(a).
However, Pennsylvania law requires that the foreclosure action demand judgment for
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 t
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
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 pri
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
Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the
2861
outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not I
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 i
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 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 includ&
2861
in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville H
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 incur
the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaii
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.
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 c
sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.
and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, a,,
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.
2861
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 frc
the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs
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 tI
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 hay
a vendor visit the premises to determine if any windows need to be boarded up, if the property
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 whateve:
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
2861'
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 pai
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 t
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
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: I? Phelan Hallinan LP
Allison F. , Esquire
Attorney for Plaintiff
2861
Exhibit "A"
,I
PHELAN HALLINAN & SCHMIEG, LLP
Matthew Brushwood, Esq., Id. No.310592
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Plullaelelphia, PA 19103
215-563-7000
BANK OF AMERICA, N,4,,,
SUCCESSOR BY MERGER TO RAC
HOME LOANS SERVICINGy LP FKA
COUNTRYWIDE ROME LOANS
SERVICING,, LP
Y3.
JUDY L. FISHER
PRAECIPE FOR IN REM JUDGMZM FOR FAILURE TO
TO THE PROTHONOTARY:
Kindly eery judSment in few of the Plaintiff and against a= L De lant(s) fbr bilm to file an Amwe r to Plaintiff's Complaint wMn 20 days hem service
thereof and for fore d[ seu re and sale of the mortgaged preanisea, and man PlaintilTs damages as
follows:
a
Attorney for Pl
w
?-„
ATTORNEYFUCWV
pa #Et'm Aci -:
o
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
Na 2012467-CWM
• r
As sect forth in Complaint
TOTAL
$194,575.15
S1+94,M.15
I hereby ce * that (1) the Defendant's last ]mown ad+drm is 905 WELLINGTON
DRIVE, CARLISLE, PA 17013-3561, and (2) that notice has been given in accordance with
Rule P&R.C.P 237.L
Date_ /av
wood, Esquire
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: 9; Acn
PHSN 286e75 PROTHONOTARY
rif
PL?pS'E
286175
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
July 25, 2012
JUDY L. FISHER
805 WELLINGTON DRIVE
CARLISLE, PA 17013-3561
RE: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP v. JUDY L.
FISHER
Premises Address: 805 WELLINGTON DRIVE CARLISLE, PA 17013
CUMBERLAND County CCP, No. 2012-657-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 30, 2012.
Should you have further questions or concerns, please do not hesitate to contact me.
Otherwise, please be guided accorditi
Very truly your
Allison F. Weq., Id. No.309519
.s, s Attorney for Plaintiff
Enclosure
286175
une and Phelan Hallinan & Schmieg, LLP
ldress 1617 JFK Boulevard, Suite 1400
'Sender One Penn Center Plaza
Philadelphia. PA 19103 AMO
ne Article Number
'• Name of Addressee, Streets and Post Ofte Address Postage
1 •+ JUDY L. FISHER
805 WELLINGTON DRIVE $11.45
CARLISLE, PA 17013-3561
RE: JUDY L. FISHER CUMBERLAND PHSN 286175 Page 1 of I 50.45
xe Liged by Sender I Receited el Pont Office I R __-^ •.v~ °'FS°1Od or ems: u teqused m .11 domestic and imemmional regntemd mail. The i
e°°'^°[ EmDloYee) for the tecatgnatton of som ellpmAi doesomnu mtda
pine "jod to a limit ofSSN,000 F*Prees Mail d nsity tt teeomtrtKtioq
per otwmce. The madmua s p1 .t os E>tptj
The mssiasm indemnify prysbk is -27,000 for mgiasted ms0, sets arch ogionel insurance f
8,900 S9t3 ud39i1 fro lin.vr:w. w1--
P?5102 p?.
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?sPS
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
BANK OF AMERICA, N.A., SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING,
LP FKA COUNTRYWIDE HOME LOANS
SERVICING, LP
Plaintiff
V.
JUDY L. FISHER
Defendant
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 2012-657-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.
JUDY L. FISHER
805 WELLINGTON DRIVE
CARLISLE, PA 17013-3561
DATE:
Phelan Hallinan ,
y:
lls, Esquire
ATTORNEY FOR PLAINTIFF
286171
AFFIDAVIT OF SERVICE (FHLMC)
PLAINTIFF CUMBERLAND COUNTY
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC
HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME PHS # 286175
LOANS SERVICING, LP
DEFENDANT
JUDY L. FISHER
SERVICE TEAM/ lxh
COURT NO.: 2012-657-CIVIL
SERVE JUDY L. FISHER AT:
805 WELLINGTON DRIVE
CARLISLE, PA 17013-3561
TYPE OF ACTION
XX Notice of Sheriff's Sale
SALE DATE: September 5, 2012
SERVED
Served and made known to JUDY L. FISHER, Defendant on the -6-,?hday of K N ?? , 20 L21, at
o'clock -A. M., at g ??FLU ToN GM:W c ., PA in the manner described below:
jZ Defendant p rsonally 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:
t'
C
r
t!s t GJ
00
C) ,
-- 4 7-
-C _
Description: Age GO 5 Height ?'3 r Weight I TO Race _W Sex f- Other
h " 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.
DATE: t f? NAME:
_ No Answer on at
Service Refused
- Vacant _ Does Not Exist - Moved _ Does Not Reside (Not Vacant)
PRINTED NAME: Ronnhi
TITLE: Process S i-vor
NOT SERVED
On the day of , 20 , at _ o'clock _. M., Defendant NOT FOUND because:
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
i t -
! r-
r
L;1JG-8 Ap ;• ?!,
CUMBERLAND M*J"'41\11
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BANK OF AMERICA, N.A., SUCCESSOR BY Court of Common Pleas
MERGER TO BAC HOME LOANS SERVICING,
LP FKA COUNTRYWIDE HOME LOANS Civil Division
SERVICING, LP
Plaintiff CUMBERLAND County
V. No.: 2012-657-CIVIL
JUDY L. FISHER
Defendant
RULE
AND NOW, this I? day of /4 t4J6?O 12, a Rule is entered upon the Defendant
to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Damages.
Defendant 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 T URT
6 'o?o?
J.
286175
-=.
y Allison F. Wells, Esq., Id. No.309519
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
TEL: (215) 563-7000
FAX: (215) 563-3459
? JUDY L. FISHER
805 WELLINGTON DRIVE
CARLISLE, PA 17013-3561
286175
286175
. ~
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
Attorney for Plaintii~ ~ ~ ~+~~~ ~ 3 ~~ ~~' ~ ~~
C:tJ~D~RLA~D C LINTY
~ENNSYLVA 1A
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
BANK OF AMERICA, N.A., SUCCESSOR BY CUMBERLAND COUNTY
MERGER TO BAC HOME LOANS SERVICING,
LP FKA COUNTRYWIDE HOME LOANS COURT OF COMMON PLEAS
SERVICING, LP
Plaintiff, CIVIL DIVISION
v.
No.: 2012-657-CIVIL,
JUDY L. FISHER
Defendant(s)
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
the persons or parties named, at that address, set forth on the Affidavit and as amended
applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Retu~
Receipt stamped by the U.S. Postal Service is attached 1>~to Exhibit "A".
Date: L
hael Kolesnik, Esquire
for Plaintiff
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may n
be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale
must be postponed or stayed in the event that a representative of the plaintiff is not press
at the sale.
PHS # 286175
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Phelan HaIlinan & Schmieg, LLP
Allison F. Wells, Esq., Id. No.309519
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
BANK OF AMERICA, N.A., SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING,
LP FKA COUNTRYWIDE HOME LOANS
SERVICING, LP
Plaintiff
vs.
JUDY L. FISHER
Defendant
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C.J
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.:2012-657-CIVIL
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's August 8, 2012 Rule
the Defendant to show cause as to why Plaintiff s Motion to Reassess Damages should not be
granted was served upon the following individual on the date indicated below.
JUDY L. FISHER
805 WELLINGTON DRIVE
CARLISLE, PA 17013-3561
DATE:
Phelan H & ieg, LLP
B
Allison F. ells, Esquire
Attorney for Plaintiff
i 175
F ILED-'OFa ICE
OF THE PROTHONOTARY
Phelan Hallinan,LLP 2013 MAY —I AM 10: 10 Attorney For Plaintiff
161.7 JFK Boulevard,Suite 1400
One Penn Center Plaza 'CUMBER.L.AND COUNTY
Philadelphia,PA 19103 PENNSYLVANIA
215-563-7000
BANK OF AMERICA, N.A., SUCCESSOR BY : Court of Common Pleas
MERGER TO BAC HOME LOANS :
SERVICING, LP FKA COUNTRYWIDE HOME : Civil Division
LOANS SERVICING,LP
Plaintiff CUMBERLAND County
vs No.2012-657-CIVIL
JUDY L.FISHER
Defendant
PRAECIPE
TO THE PROTHONOTARY:
❑ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice.
❑ Please mark the above referenced case Settled, Discontinued and Ended.
® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice.
❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
❑ Please Vacate the Judgment entered.
Date: PHE AN HALL LLP
By:
Joseph A.Des e,Esq., d.No.200479
Attorney for Plaintiff
PHS#2861.75
0, 56PAOtri
li,• '1
\f
Phelan Hallinan,LLP Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia,PA 1.9103
215-563-7000
BANK OF AMERICA, N.A., SUCCESSOR BY Court of Common Pleas
MERGER TO BAC HOME LOANS SERVICING,
LP FKA COUNTRYWIDE HOME LOANS
SERVICING, LP
Plaintiff Civil Division
V. CUMBERLAND County
JUDY L. FISHER No. 2012-657-CIVIL
Defendant PHS#286175
CERTIFICATION OF SERVICE
I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by
regular mail to the person(s) on the date listed below:
JUDY L. FISHER
805 WELLINGTON DRIVE
CARLISLE,PA 1.7013-3561
Date: ` P AN HALLIN ,LLP
By:
Joseph A.Dess ,Esq.,I . o.200479
Attorney for Plaintiff