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HomeMy WebLinkAbout12-1871t°. I f.J" l r! F f .ice 4 f`7 v t r a71 ;? 26 AM 9: 22 " 'M,8ERLr„'ND COUNT PENNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Perin Center Plaza Philadelphia, PA 19103 215-563-7000 FIFTH THIRD MORTGAGE COMPANY 5001 KINGSLEY DRIVE MD IMOB-BW CINCINNATI, OH 45227 N. Plaintiff CYNTHIA L. YEISER 2148 YALE. AVENUE CAMP HILL. PA 17011-5451 Defendant 287770 ATTORNE), FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. a01 09-1 &-? l b 1 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File --: 287770 a?, s,vg.7spdoH? tf Ii-Mal 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 attomey 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 a: 287770 1. Plaintiff is FIFTH THIRD MORTGAGE COMPANY 5001 KINNGSLEY DRIVE ML) 1MOB-BW CINCINNATI, OH 45227 2. The name(s) and last known address(es) of the Defendant(s) are: CYNTHIA L. YEISER 2148 YALE AVENUE CAMP HILL, PA 17011-5451 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. ?. On 08/29/2008 CYNTHIA L. YEISER made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 200831363.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01!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 =: 287770 6. The following amounts are due on the mortgage as of 12/28/2011: Principal Balance $166,797.88 Interest $4,415.96 08/01/2011 through 12/28/2011 Late Charges $241.44 Mortgage Insurance Premium / $89.28 Private Mortgage Insurance Escrow Deficit $271.16 TOTAL $171,815,72 7 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. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $171,815.72, 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. File : 287770 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of Camp Hill, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit BEGINNING at a point on the Northerly line of Yale Avenue, 495.8 feet measured Westwardly along said line from the Northwest corner of 21st Street and Yale Avenue; THENCE North 03 degrees 51 minutes West along line of lands now or formerly of Forrest Hempt, et al, 109.52 feet to a point: thence North 84 degrees West along the Southerly line of property now or formerly of R. C. Hammond, 61.20 feet to a point, thence South 06 degrees West along line of lands now or formerly of Merle C. Guise and Harry Schriver, 49.65 feet to a point; thence South 82 degrees 40 minutes East along line of lands now or formerly of J. Forrest Hempt, et al, (being premises No. 2156 Yale Avenue) 8.8 feet to a point: thence South 03 degrees 51 minutes East along the same, 70.27 feet to a point on the Northerly line of Yale Avenue: thence by said line of Yale Avenue North 86 degrees 09 minutes East, 60 feet to the place of begimling. HAVING thereon erected a One story brick dwelling house known as 2148 Yale Avenue BEING Tax Parcel Number 01-21-0271-608. PROPERTY ADDRESS: 2148 YALE AVENUE, CAMP HILL, PA 17011-5451 PARCEL # 01-21-0271-608 File =: 287770 VERIFICATION JssvN Ej:W ? , hereby states that he/she is C)Fp&,69 of, FIFTH THIRD BANK, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities, ame. MW DATE: AAA2.cA )(a. AMA Title: Or-Fte6E- FIFTH THIRD BANK Name: YEISER Property: 2148 YALE AVENUE CAMP HILL, PA 17011-5451 Attorney File No.: PHS4 287770 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ii w R 0 T H 0 N 0 iAit f 2012 APR 17 AM 9: 25 C LAND COUNTY SYLVANIA Fifth Third Mortgage Company vs. Cynthia L. Yeiser Case Number 2012-1871 SHERIFF'S RETURN OF SERVICE 04/05/2012 05:43 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2012 at 1743 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Cynthia L. Yeiser, by making known unto herself personally, at 2148 Yale Avenue, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $43.00 April 10, 2012 RONALD HOOVER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF JUCG 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 FIFTH THIRD MORTGAGE COMPANY VS. CYNTHIA L. YEISER 25 P" I W AIAorney for Plaintiff ? E R L A i D013ha v k 1'p )yLVAS1A : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION No. 2012-1871-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 CYNTHIA L. YEISER, 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 $171,815.72 $171,815.72 I hereby certify that (1) the Defendant's last known address is 2148 YALE AVENUE, CAMP HILL, PA 17011-5451, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. ? ?,l/ QW??81?sb ? Date Matth rushwood, Esquire b??5 Attorney for Plaintiff IG DAMAGES ARE HEREBY ASSESSED AS INDICATED. nJ Ab U)W DATE: f)kcsltrd, PHS # 287770 VOW PROTHONOTARY 287770 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 FIFTH THIRD MORTGAGE COMPANY VS. CYNTHIA L. YEISER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 2012-1871-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 CYNTHIA L. YEISER is over 18 years of age and resides at 2148 YALE AVENUE, CAMP HILL, PA 17011-5451. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date (J?- Matth B shwood, Esquire Attorn or Plaintiff 287770 (Rule of Civil Procedure No. 236) - Revised FIFTH THIRD MORTGAGE COMPANY : CUMBERLAND COUNTY VS. CYNTHIA L. YEISER : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 2012-1871-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 ANYINFOIRMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PRE117OUSL Y RECEIVED A DISCHARGE IN BANKR UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONL Y ENPOR CEMENT OFA LIEN AGAINST PROPERTY** 287770 FIFTH THIRD MORTGAGE COMPANY CYNTHIA L. YEISER Plaintiff Defendant(s) TO: CYNTHIA L. YEISER 2148 YALE AVENUE CAMP HILL, PA 1 011-5451 DATE OF NOTICE: , L I COURT OF COMMON PLEAS CIVIL DIVISION NO. 2012-1871-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. IMPOIt rA.NT 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 (717) 249-3166 t By: atthe B shwood, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 287770 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-1871 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIFTH THIRD MORTGAGE COMPANY Plaintiff (s) From CYNTHIA L. YEISER (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: $171,815.72 L. L.: $.50 Interest FROM 5/26/2012 TO DATE OF SALE ($28.24 PER DIEM) - $5,478.56 Atty's Comm: % Due Prothy: $2.25 Arty Paid: 194.25 Other Costs: Plaintiff Paid: Date: 8/2/2012 David-D. Bue1I,/Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: MATTHEW BRUSHWOOD, 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. 310592 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 FIFTH THIIM MORTGAGE COMPANY Plaintiff V. CYNTHIA L. YEISER Defendant(s) COURT OF COM CIVIL DIVISION NO.: 2012-1871-C: CUMBERLAND To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 05/26/2012 to Date of Sale ($28.24 per diem) TOTAL Note: Please attach description of property. PHS # 287770 6;) U??'a$ 'Sa ul t?3 ov F U. U(, ? • 5i° Q C o.(4 .? $171,815.72 $5,478.56 P:s 4-1 czn. ? t ?Z N t7 "OF C-3 = o 7v' --t Matthew Briog + ood, Esq., Id. No.310592 Attorney for Plaintiff tea- as '? ?0. 4 . yr, u, ISI a931 24 011 V4 PLEAS 1:3 r1i --4t) CD-n very Gr, o a? a Oa O? 0u O? Uw z 0 0 U U Cw7 a w o ? o H a O w C w o fi, > V C1r -o N N ? ftS ? S W .--r H a> .C ..a W .-a 3 ?4x b ??Q Q U N U 0 w 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 NLED-U-q LL THE pROTHflN01A 1012AUG-2 AM 10:51 t;t1MP?trYLrATY FIFTH THIRD MORTGAGE COMPANY . Plaintiff V. CYNTHIA L. YEISER Defendant(s) CERTIFICATION Attorneys for Plaintiff I COURT OF CO CIVIL DIVISION NO.: 2012-1 CUMBERLAND The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above 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. This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn authorities. By: fh11AVa@n,pW& Schmieg, LLP Matthew Brus wood, Esq., Id. No.310592 Attorney for Plaintiff PLEAS to FIFTH THIRD MORTGAGE COMPANY Plaintiff.- Clrr-v CYNTHIA L. YEISER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2012-1871-CIVIL CUMBERLAND CO PHS # 287770 AFFIDAVIT PURSUANT TO RULE 3129.1 FIFTH THIRD MORTGAGE COMPANY, Plaintiff in the above action, by the undersigned attorney, sets forth as the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 2148 YALE CAMP HILL, PA 17011-5451. 1 2. 3. 4. 5. Name and address of Owner(s) or reputed Owner(s): Name CYNTHIA L. YEISER Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 2148 YALE AVENUE CAMP HILL, PA 17011-5451 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to 1 Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 sale. Name Address (if address cannot be reasonably ascertained, please indicate) 'the date VENUE, sold: by the None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building may 2148 YALE AVENUE CAMP HILL, PA 17011-5451 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I 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. P (7) d By: Date: & Schmieg, LLP )od, Esq., Id. No.310592 Attorney for Plaintiff FIFTH THIRD MORTGAGE CO?, p1?r JCL COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION 2.012 QUG VS. ?Ri.?(} COUN?`? NO.: 2012-1871-CIVIL u QENtiS?'l?`NIA CYNTHIA L. YEISER Defendant(s) CUMBERLAND COUN Y NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CYNTHIA L. YEISER 2148 YALE AVENUE CAMP HILL, PA 17011-5451 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION O TAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BAN UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT NLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 2148 YALE AVENUE, CAMP HILL, PA 17011-5451 is scheduled o be sold at the Sheriff s Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hano er Street, Carlisle, PA 17013 to enforce the court judgment of $171,815.72 obtained by FIFTH THIRD MORTGAGE COMPANY (the mortgagee) against you. In the event the sale is continued, an announ ement 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, cost and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 xl 30. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the if the judgment was improperly entered. You may also ask the Court to postpone the sale for good c 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 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 mpared 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 dut 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 prope y 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 heriff 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) d ys after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection i 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. 2012-1871-CIVIL FIFTH THIRD MORTGAGE COMPANY VS. CYNTHIA L. YEISER owner(s) of property situate in the BOROUGH OF CAMP HILL, Cumberland County, Pennsylvania, being (Municipality) 2148 YALE AVENUE, CAMP HILL, PA 17011-5451 Parcel No. 01-21-0271-608 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $171,815.72 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of Camp Hill, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Yale Avenue, 495.8 feet measured Westwardly along said line from the Northwest corner of 21st Street and Yale Avenue; THENCE North 03 degrees 51 minutes We along line of lands now or formerly of Forrest Hempt, et at, 109.52 feet to a point; thence North 84 degrees West along the Southerly line of property now or formerly of R. C. Hammond, 61.20 feet to a point; thence South 06 degrees West along line of lands now or formerly of Merle C. Guise and Harry Schriver, 49.65 fey to a point; thence South 82 degrees 40 minutes East along line of lands now or formerly of J.Forrest Hempt et at, (being premises No. 2156 Yale Avenue) 8.8 feet to a point; thence South 03 degrees 51 minutes East along the same, 70.27 feet to a point on the Northerly line of Yale Avenue; thence by said line of Yale Avenue North 86 degrees 09 minutes East, 60 feet to the place of beginning. HAVING thereon erected a One story brick dwelling house known as 2148 Yale Avenue. TITLE TO SAID PREMISES VESTED IN Cynthia L. Yeiser, a married person, by Deed from National Transfer Services, LLC., a Texas limited liability company, dated 08/19/2008, recorded 09/16/2008 in Instrument Number 200831362. PREMISES BEING: 2148 YALE AVENUE, CAMP 1-ULL, PA 17011-5451 PARCEL NO. 01-21-0271-608 Jl" THE PROTHONO TAR ?f 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 FIFTH THIRD MORTGAGE COMPANY Plaintiff 20 12 OCT 15 AATTOO&Y FOR PLAINTIFF CUM ERLAND COUNTY FENNSYLYANIA Court of Common Pleas Civil Division v. CYNTHIA L. YEISER Defendant CUMBERLAND County No.: 2012-1871-CIVIL PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 26, 2012. 2. Judgment was entered on May 25, 2012 in the amount of $171,815.72. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 5, 2012. 287770 . 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 December 5, 2012 Late Charges $166,797.88 $14,574.65 $241.44 Legal fees $1,875.00 Cost of Suit and Title $798.75 Mortgage Insurance Premium/ Private Mortgage Insurance $357.12 Escrow Deficit $4,044.06 TOTAL $188,688.90 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 5, 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. 287770 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. & Schmieg, LLP DATE: By: 1. x A a B24, wood, Esquire TT FOR PLAINTIFF A 287770 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 FIFTH THIRD MORTGAGE COMPANY Plaintiff V. CYNTHIA L. YEISER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 2012-1871 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. I1ACKGROUND OF CASE CYNTHIA L. YEISER 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 2148 YALE AVENUE, CAMP HILL, PA 17011-5451. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Covet, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the, entry of judgment and the Sheriffs Sale date, damages as previously assessed are 287770 outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality CompMy 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, 287770 Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. TIE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). 287770 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 Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, 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. 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. 287770 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 included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 287770 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129:2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the 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. 287770 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 287770 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Ph 5wB54hwood, & Schmieg, LLP DATE: By: Esquire Me tto laintiff 287770 f 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 FIFTH !THIRD MORTGAGE COMPANY vs. CYNTHIA L. YEISER PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND A.9SElVI$NT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against 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 Attorney for Plaintiff t NT fEY mast aw C-,) CZ -n CUMBERLAND COUNTYV . ^'? M r- COURT OF COMMON P&" ro r.n c CIVIL DIVISION ZG n O~ No 2012-1871-CIVIL . -< a% -: Ak11014*- - aW5.72 $171,815.72 I hereby certify that (1) the Defendant's last known address is 2148 YALE AVENUE, CAMP HILL, PA 17011-5451, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Ar. -7 Date -A?2k AJ1--.-3-1 rushwood, Esquire Attorney- for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: to PHS N 287770 PROTHONOTARY 287770 Exhibit "B" 287770 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 October 5, 2012 CYNTHIA L. YEISER 2148 YALE AVENUE CAMP MILL, PA 17011-5451 RE: FIFTH THIRD MORTGAGE COMPANY v. CYNTHIA L. YEISER Premises Address: 2148 YALE AVENUE CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 2012-1871-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 10/10/2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly, t ours, ushwood, Esq., Id. No.310592 Plaintiff Enclosure 287770 0Yz 1 i , ? n Z ?a ^d ? n or ob i N bo J J 0 t -?.aen+r+r. w+.Kr ?ix?s 02 11A $ 01.59° 00042 7 7256 C-OT05 2012 MAILED FROM 71P CODE 19 1 U 3 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 FIFTH THIRD MORTGAGE COMPANY Plaintiff V. CYNTHIA L. YEISER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 2012-1871-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. CYNTHIA L. YEISER 2148 YALE AVENUE CAMP HILL, PA 17011-5451 Ph inan & Schmieg, LLP DATE: By: a ew Onghwood, Esquire A EY FOR PLAINTIFF 287770 FIFTH THIRD MORTGAGE COMPANY, Plaintiff v. CYNTHIA L. YEISER, Defendant 2012-1871 CIVIL ACTION IN RE: PLAINTIFF'S MOTION TO REASSESS DAMAGES ORDER OF COURT AND NOW, this 18th day of October 2012, upon consideration of the Plaintiff's Motion to Reassess Damages, a Rule is issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of this order. Distribution List: /Matthew Brushwood, Esq ~>~ ~~. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT Thomas A. PI cey C.P.J. 1617 JFK Boulevard, Suite 1400 ;--, One Penn Center Plaza Philadelphia, PA 19103 fy. `, , Attorney for Plaintiff ; _ ~~_' ~_ ~ i:J Cynthia L. Yeiser _- ~ ~ -., -- 2148 Yale Avenue - Camp Hill, PA 17011-5451 - - '~~' Defendant, pro se ~ ,.~~ ~P,`es qua . 'l~~ >D~i~~iz ~~ i. ~~; Phelan Hal linan & Schmieg, LLP~ ~; ~ -~ ~ ~ ,'; ~ ~ Allison F. Wells, Esq., Id. No.30951'~ _~ 1617 .1FK Boulevard. Suite 1400 'i : t' ='~' `' One Penn Center Plaza Philadelphia. PA 19103 21 ~-56 ~-7000 FIF`I~l~ TH[RD MORTGAGE COMPANY Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Peas Civil Division vs. CYNTHIA L. YEISER Defendant CUMBERLAND County No.: 2012-1871-C[~'IL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 18, 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 belo~h-. CYNTHIA L. YEISER 2148 YALE AVENUE CAMP HILL, PA 17011-5451 DATE;: Phelan Halli~r[~/Schmieg, LLP Allison F.`Wells, Esq.. Id. No.309519 Attorney for Plaintiff 287770 } ~ i i ~ ~ '..+ 4 Phelan Hallinan & Schmieg, LLP ~ „~,. ~ ,~ ,~ ~; ~ _1 Melissa J. Cantwell, Esq., Id. No.30$9~~ W ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 • ~ , ~ t ~ ; ~.- ~ i ~~~ s.~ ~ C (; ~,~ ";?'',' One Penn Center Plaza i;~~`;~5`~'~'~,~l8i A Philadelphia, PA 19103 215-563-7000 FIFTH THIRD MORTGAGE COMPANY Court of Common Pleas Plaintiff : Civil Division vs. CUMBERLAND County CYNTHIA L. YEISER Defendant No.: 2012-1871-CIVIL MOTION TO MAKE RULE ABSOLUTE FIFTH THIRD MORTGAGE COMPANY, 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 October 15, 2012. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 5, 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 Thomas A. Placey on or about October 18, 2012 directing the Defendant to show cause by November 7, 2012 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "B". 4. The Rule to Show Cause was timely served upon all parties on October 31, 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". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 7, 2012. 287770 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Sc g, LLP DATE: NOV 0 9 2012 By: Me issa J. Cantwe 1, Esq., d. No.308912 Attorney for Plaintiff 287770 Exhibit "A" 287770 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 October 5, 2012 CYNTHIA L. YEISER 2148 YALE AVENUE CAMP HILL, PA 17011-5451 RE: FIFTH THIRD MORTGAGE COMPANY v. CYNTHIA L. YEISER Premises Address: 2148 YALE AVENUE CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 2012-1871-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 10/10/2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ly yours, ew tvshwood, Esq., Id. No.310592 y for Plaintiff Enclosure 287770 oaz Ma~ ~~ m c~ y M G. 1 .Y ~ O~ ~ b ~~ a~~~. ~ o < ~, ~ro~ a~ W ~~ ~' ~' or o~ N 00 v v v O ~~~ , ~t i '4C- /~ p ~ " '@~FMIP PJt1(/N~^Y iNb4LP S V2 1hA ~ Y~~~Y Ot7GQ277256 TOE 2012 MAlLEfOFR~NIZtPCQC:~E.19103 Exhibit "B" 287770 FIFTH THIRD MORTGAGE COMPANY, Plaintiff v, IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CYNTHIA L. YEISER, Defendant 2012-1871 CIVIL ACTION IN RE: PLAINTIFF'S MOTION TO REASSESS DAMAGES ORDER OF COURT AND NOW, this 18th day of October 2012, upon consideration of the Piaintiff's Motion to Reassess Damages, a Rule is issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of this order. ~4i~-G'.A~- , ~`~~~ Thomas A, PI cey C.P.). Distribution List: Matthew Brushwood, Esq. 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza _ ~- 7 '- Philadelphia, PA 19103 _,; Attorney for Plaintiff ~'`' ~' ~ `~ c-~ :~:: `~ Cynthia L. Yeiser :~~ :~ -<- ' --- ~ _- 2148 Yaie Avenue !='~~ -f, Camp Hill, PA 17011-5451 ~ _ Defendant, pro se r R „_ =~ Exhibit "C" 287770 .~~ _ ~ ,. .. ~a. . Phelan Hallinan & Schmieg, LLP ~ s~'~ ~~ ~ ; ' _~,°; ~ ~ Allison F. Wells, Esq., Id. No.309519 `~ ("1"ORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 ~ ' ~' ~. ~ ~ ~ '~'~ ` One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIFTH THIRD MORTGAGE COMPANY Court of Common Pleas Plaintiff : : Civil Division vs. CUMBERLAND County CYNTHIA L. YEISER ~~tr,~ No.:2012-1871-~I'-~11. Defendant CERCATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 18, 2012 Rule directing 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. CYNTHIA L. YEISER 2148 YALE AVENUE CAMP HILL, PA 17011-5451 DATE: ____ _ ~....., ` ..--- £~ ~= Phelan I i~illinnn ft'c'Schmieg, LLP ~_.._~ t~ti .~ ~:--~-- - Allison h .Wells, Esq., Id. No.309519 Attorney fc~r Plaintiff 287770 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIFTH THIRD MORTGAGE COMPANY Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. CYNTHIA L. YEISER Defendant CUMBERLAND County No.: 2012-1871-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. CYNTHIA L. YEISER 2148 YALE AVENUE CAMP HILL, PA 17011-5451 DATE: helan Ha an & g, LLP NOV 0 9 2012 By: Melissa J. Cantwell, . No.308912 Attorney for Plaintiff 287770 FIFTH THIRD MORTGAGE COMPANY, Plaintiff v. ~~~~' Qi~~ ~~(. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2012-01871 CIVIL TERM CYNTHIA L. YEISER, Defendant MORTGAGE FORECLOSURE IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 21St day of November 2012, upon consideration of the Motion to Make Rule Absolute, and it appearing that Defendant has failed to file a response of record despite a Rule being issued on 18 October 2012, directing Defendant to file such a response, Plaintiff's Motion is GRANTED. B , Thomas A. P cey C.P.J. Distribution List: /Melissa J. Cantwell, Esq. 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 ~~ ~_. 3 ' , /Cynthia L. Yeiser ~~ '"'~ •., 2148 Yale Avenue ~ ~~ , ~ ::~`~'- Camp Hill, PA 17011-5451 c - ~;-`-, mac, ~~ ~c~ z„ ~ ~_ . ~. -<T- ~j6G -- ~ .