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HomeMy WebLinkAbout12-3452I:,- I-ec ' C)"cc, -? he "-4Ako46y"I C4 ?C?1.'a- ??10?? ? ?O '?Wl ? 0'. I S i PHELAN HALLINAN & SCHMIEG, LLP Mario J. Hanyon, Esq., Id. No.203993 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 261370 PNMAC MORTGAGE OPPORTUNITY FUND INVESTOR'S, LLC 6101 CONDOR DRIVE MOORPARK, CA 93021 Plaintiff V. SUSANNE M. HERR 6801 WEST MOELLER CIRCLE NEW PALESTINE, IN 46163-9254 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. \a CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 261370 10?. ?s?c>] Q 1 1 CK-? II ??3 a?sg77 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 #: 261370 1. Plaintiff is PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC 6101 CONDOR DRIVE MOORPARK, CA 93021 2. The name(s) and last known address(es) of the Defendant(s) are: SUSANNE M. HERR 6801 WEST MOELLER CIRCLE NEW PALESTINE, IN 46163-9254 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/20/2007 SUSANNE M. HERR and DENNIS E. HERR made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIRST HORIZON HOME LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book 1982, Page 4748. By Assignment of Mortgage recorded 04/04/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201110139.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 261370 6. The following amounts are due on the mortgage as of 09/20/2011: Principal Balance $142,388.52 Interest $ 1.7,796.02 02/01/2010 through 09/20/2011 Property Inspections $76.50 Property Preservation $660.00 Escrow Deficit $1,838.06 TOTAL $162,759.10 7. 8. 9 10. 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. DENNIS E. HERR was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of DENNIS E. HERR's death on or about 04/27/2009, his ownership interest was automatically vested in the surviving tenant by the entirety. Plaintiff hereby releases DENNIS E. HERR, from liability for the debt secured by the mortgage. File #; 261370 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $162,759.10, 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: Mario J. Hanyon, Esquire / Attorney for Plaintiff Fite #: 261370 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of the Wertzville road, known as State Highway Traffic Route No. 944, said point being situated 640 feet west of now or formerly the Morrow property line; thence in a westerly direction along the center line of the said Wertzville Road 100 feet to a point at other lands now or formerly of Lawrence L. Brown and Ruth C. Brown, his wife; thence along said last mentioned lands, and at right angles to the said Wertzville Road, in a southerly direction 300. feet to a point; thence eastwardly 100 feet to a point at lands now or formerly of Harper L. Walker; thence along said last mentioned lands in a northerly direction 300 feet, to the place of BEGINNING. SUBJECT, NEVERTHELESS, TO THE FOLLOWING RESTRICTIONS: 1. No buildings, or parts of buildings shall be erected within fifty (50) feet from the southern side of the said Wertzville Road. 2. No dwellings shall be erected upon the hereinbefore described tract of land which shall cost less than three thousand ($3,000.00) dollars above foundations. 3. there shall be no obnoxious businesses permitted on the hereinbefore described tract of land. File #: 261370 4. No buildings shall be erected within ten (10) feet of the adjoining property lines. 5. All sewage disposal must be done by approved septic tanks. BEING THE SAME PREMISES which Michael Lovendusky, Trustee of the Lovendusky Family Irrevocable Trust, dated April 29, 2003 by deed dated February 20, 2007 and recorded in the office of the Recorder of Deeds in and for Cumberland County granted and conveyed unto Dennis E. Herr and Susanne M. herr, husband and wife. PROPERTY ADDRESS: 6893 WERTZVILLE ROAD, ENOLA, PA 17025-1035 PARCEL # 38-13-0988-003. File #: 261370 ? at VERIFICATION hereby states that he/she is PENNYMAC "+'i-?'4? LOAN SERVICES, LLC, 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. r DATE: File#: 261370 Name: HERR 15k M'a? - Name: (W?'1?./ 1 V laI/ ?l?ey Title: (?- PENNYMAC LOAN SERVICES, LLC File #: 261370 PNMAC MORTGAGE IN THE COURT OF COMMON PLEAS OF OPPORTUNITY FUND CUMBERLAND COUNTY, PENNSYLVANIA INVESTORS, LLC, Plaintiff CIVIL ACTION - LAW NO. 12-3452-CIVIL vs. SUSANNE M. HERR, Defendant ORDER AND NOW, this (o ` day of June, 2012, proceedings herein are stayed pending compliance with our Administrative Order dated February 28, 2012, and, specifically, pending service of the Notice of Residential Mortgage Foreclosure Diversion Program and the Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet set forth in Form 1 and Form 2, as amended, attached to said Administrative Order. BY THE COURT, Kevin ess, P. J. -? r> f V Mario J. Hanyon, Esquire For the Plaintiff' c.a i/ Susanne M. Herr `- 6801 West Moeller Circle New Palestine, IN 46163-9254 :rlm es Aa. a jou SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff. 1 ' }? 4 Jody S Smith ?4?Nt+' at ?urtrbrrl?? r 11 19 Chief Deputy CS, , y g'ci ;; ,?•. t Richard W Stewart ' U M3 J*A 4 i ,l, Solicitor Orr CE OF THE -ERIFF PEm' ?'I._?,?, ' *, ni PNMAC Mortgage Co., LLC I vs. Susanne M. Herr Case Number 2012-3452 SHERIFF'S RETURN OF SERVICE 06/18/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Susanne M. Herr, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Susanne M. Herr. Request for service at 6893 Wertzville Road, Enola, Pennsylvania 17025 is vacant. The Enola Postmaster has confirmed, Susanne M. Herr has moved and left no forwarding address. SHERIFF COST: $48.00 June 18, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c; GOOMYSuite Sheriff ieleosoff, Ir:.:. 1 PLAINTIFF PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC DEFENDANT SUSANNE M. HERR SERVE SUSANNE M. HERR AT: 6801 WEST MOELLER CIRCLE NEW PALESTINE, IN 46163-9254 PHS # 261370 SERVICE TEAM/ hzc COURT NO.: 12-3452 CIVIL TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action , ~ ,...~ c- ~' --~ r.,~ ;~~ G~"~ ~~ _ r ~~' ~ ;.-~ ~~ ~ ~ (`7 e~ Q ~ ~y G ---t _ SERVED Served and made known to SUSANNE M. HERR ,Defendant on the.1 ~~day of .~u~ ~- , 20 ~, at • "~, o'clock M., at h~'G t • /YtoE~~~~z CiRCL6 , in the manner described below: ~befendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. __ NIan,:~er/Clerk ol~ piaee of lodging in which Dzfer~danrts,: residessj. Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: ~• _. t'~3 '~~»...` ... 'tsl tT"i (~~ u 'n°t -s"~ ~J r~, 1 -~I Description: Age S~ Height =~ ~ ~~,_ Weighty ~ O Race L/ Sex ~ Other fe~~-~~`' 1, ~f}rYt~2F}-~i_ (A,~Ite~ , a competent adult, being duly sworn according to law, depose and state that 1 personally handed a true and correct copy of the Foreclosure Complaint in the manner a t forth herein, issued in the captioned case on the date and at the address indicated above. '~ / /1 nl Sworn to and subscribed be~gre me this ~,~ day Notary: AFFIDAVIT OF SERVICE CUMBERLAND COUNTY Ar P •••., NANCY BOTBYL ••~``- Marion County OTMY'. ~;,4 .~ Mu Commission Expires ~~c"?;,~r. ,,....July 18, 2017 On the day of _ _, 20_, mat __ o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on _ at __, at Service Refused Other: Sworn to and subscribed before me this clay of __ .20_. By: Nutary' ATTORNEY F'OR 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 Y. Eliakos, Esy., Id. iVv. 94621; Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esy., Id. No. 310592 Dana B. Ostrovsky, Esq., Id. No. 83921 Zachary J. Jones, Esq., Id. No. 31072] One Penn Center at Suburban Station PHELAN HALLINAN & SCHMIEG, LLV Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC VS. SUSANNE M. HERR Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : No. 12-3452 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 SUSANNE M. HERR, Defendant 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 $162,759.10 $162,759.1.0 I hereby certify that (1) the Defendant's last known addresses are 6801 WEST MOELLER CIRCLE, NEW PALESTINE, IN 46163-9254 and 6893 WERTZVILLE ROAD, ENOLA, PA 17025-1035, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date U Z/J?Z Z J athan Lobb, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: (? as PR OTARY 2HU21?0 261?3.70 ? a??? PHELAN HALLINAN & SCHMIEG, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC VS. SUSANNE M. HERR Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 12-3452 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 is 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 SUSANNE M. HERR is over 18 years of age and resides at 6801 WEST MOELLER CIRCLE, NEW PALESTINE, IN 46163-9254 and 6893 WERTZVILLE ROAD, ENOLA, PA 17025-1035. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date nathan Lobb, Esquire Attorney for Plaintiff 261370 (Rule of Civil Procedure No. 236) - Revised PNMAC MORTGAGE OPPORTUNITY CUMBERLAND COUNTY FUND INVESTORS, LLC COURT OF COMMON PLEAS VS. SUSANNE M. HERR : CIVIL DIVISION : No. 12-3452 CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on _ By: ?G If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Jonathan Lobb, 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 ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" 261370 PNMAC MORTUAGE OPPORTuNTTY FUND INVESTORS, I_.I_.C Plaintiff V, SUSANNE M. HERR Defendant(s) COURT OF COMN20N PLEAS CIVIL DIVISION NO. 12-3452 CIVIL CUMBERLAND COUNTY TO. SUSANNE M. HERR 6801 WEST MOELLER CIRCLE NI?W PALESTINE, IN stCi MA..3 '-.7 ' ?it DATE OF NOT[ CE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A D1-',BT, 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, TIBS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONTLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. MDUAM NOME YOU rV- F IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT VOITR DF F'RNSFS OR OBJECTIONS TO TIC CLAIMS SET FORTH AGAINST YOU. UNLESS YOU AC7' Vv'1THIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED ACIAINST 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 OFF a SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIR ING A LAWYER. IF YOU CANNOT AFFORD TO HIRF A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RF.DIJCED FEE OR NO FEE. Office of the Prothonotary 0iniherland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (7 17) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE ARTY AVENUE PA 1701 249-_3166 By: Ctk? v V ikk Esquire Attorney Kw Plaintiff Phelan Hallinan & Sehmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 HS #261370 PN M AC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC Plaintiff V, SUSANNE M. HERR Defendant(s) TO: SUSANNE M. HERR 68x_1 WERTZVILLE ROAD COURT OF COMMON PI_FAS CIVIL. D[VISION NO. 12-3452 CIVIL C.UMBPRLAND COUNTY ENOL"k, PA 1, TJ? 5 1035 DATF. OF NOTICE:. _ THIS FIRM IS A DEBT COLL.EC'TOR A'IT.EMPTING 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 T'HA'I' PURPOSE. IF YOU HAVE PRFVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO Bi- AN ATTEMPT T'?O 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 A:.1D FILE IN WRITING `'V1TH 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 IUDGMEl\T 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 OFIaICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA'T'ION 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 Courthoose Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION Nib, COUNTY COLIRT14OUSE I : i.EKI'Y ;AVENUE CAIN I.SLF. PA 17013 l 17) 249-3166 Tay: : Esquire Phelan Mdltrran & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PITS # 26? 370 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PNMAC MORTGAGE OPPORTUNITY FUND IIWESTORS, LLC COURT OF COMMON PLEAS Plaintiff . CIVIL DIVISION v. , NO.: 12-3452 CIVIL SUSANNE M. HERR Defendant(s) . CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 10/23/2012 to Date of Sale ($26.75 per diem) TOTAL $162,759.10 3 611.25 ~...~ `~-~' _ . ~_ ,. $166 370 35 ~ '~` ...~ ~'- , . ~ ~ c -s ~ _ ~ ,.. ~ ~~ M . =~° elan ]Eiatlinsn 8~k Schm ~' ~ , ,~ : Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff Note: Please attach description of property. PHS # 261370 ,~ \ ~~ T s l< 1 ~~' ~ It a 1 V •S~ ~~~ uel '""~'' nG ~ 1 c~Ll , of sa. a 5 ~ ~" ~ SOLL Cl~+~ i 2~t~~~ w ~ ~~" ~ ~~S~cY a 0 H o~ ~ a oa o o w U ~ O ~ ~ : ~, ~~ ~ ~~ a~ ~~ UW Ua t/s ~~ a, a "~' ~, .~ U pC ~ ~~'~ a ~d~ u ~ ~ ~ ~ ~ W 3 ~ ~~~ o , w W ~° ~~ a i ~o .~ 8 ~, v~w~ ~s ~ ~. ~~~ ~ o ~" w ~; ~ ~ ~ o ~ Q LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Silver Springs, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of the Wertzville Road, known as State highway Traffic Route No. 944, said point being situated 640 feet west of now or formerly the Morrow property line; thence in a westerly direction along the center line of the said Wertzville Road 100 feet to a point at other lands now or formerly of Lawrence L. Brown and Ruth C. Brown, his wife; thence along said last mentioned lands, and at right angles to the said Werizville Road, in a southerly direction 300 feet to a point; thence eastwardly 100 feet to a point at lands now or formerly of Harper L. Walker; thence along said last mentioned lands in a northerly direction 300 feet, to the PLACE OF BEGII~NING. SUBJECT, NEVERTHELESS, to the following restrictions: 1. No buildings or parts of buildings shall be erected within fifty (50) feet from the southern side of the said Wertzville Road. 2. No dwellings shall be erected upon the hereinbefore described tract of land which shall cost less than three thousand ($3,000.00) dollars above foundations. 3. There shall be no obnoxious businesses permitted on the hereinbefore described tract of land. 4. No building shall be erected within ten (10) feet of the adjoining property lines. 5. All sewage disposal must be done by approved septic tanks. UNDER AND SUBJECT, NEVERTHELESS, to conditions, easements, restrictions and matters of prior record and any matter which a physical inspection or survey of the property would disclose. TITLE TO SAID PREMIS ~ VESTED IN Dennis E. Herr and Susanne M. Herr, h/w, by Deed from Michael Lovendusky, trustee of the Lovendusky Family Irrevocable Trust date Apri129, 2003, dated 02/20/2007, recorded 02/22/2007 in Book 278, Page 4240. DENNIS E. HERR was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of DENNIS E. HERR's death on or about 04/27/2009, his ownership interest was automatically vested in the surviving tenant by the entirety, Susanne M. Herr. PREMISES BEING: 6893 WERTZVILLE ROAD, ENOLA, PA 17025-1035 PARCEL N0.38-13-0988-003. 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 _ ' ~ i. f= I ,~-~~~~ ,e ~ .ta ~ fnf..~(}~i~°, J ~. ~? PNMAC MORTGAGE OPPORTUNITY FUND ~~.,C Plaintiff v. SUSANNE M. HERR Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 12-3452 CIVIL CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Y~ an Ha ,LLP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC Plaintiff vs. COURT OF COMMON PLEAS CIVIL DIVISION NO.: 12-3452 CIVIL SUSANNE M. HERR CUMBERLAND ~~JL'I'Y L_ Defendant(s) ~ " =` ,/_~ ~, - NOTICE QF SHERIFF'S SALE OF REAL PROPERTY ~~ ~ _~ ~~~` TO: SUSANNE M. HERB 6801 WEST MOELLER CIRCLE NEW PALESTINE, IN 46163-9254 c ~ ~ c ~~` ;~. ~ _~~ **THLS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WII.,L 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 6893 WERTZVILLE ROAD, ENOLA, PA 17025-1035 is scheduled to be sold at the Sherii~s Sale on 03/0611013 at 10:00 AM in the Cumberland County Courthnnse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $162,759.10 obtained by PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-70011 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compazed 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 cal1215-563-7000. 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 prepazed by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Silver Springs, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of the Wentzville Road, known as State highway Traffic Route No. 944, said point being situated 640 feet west of now or formerly the Morrow property line; thence in a westerly direction along the center line of the said Wentzville Road 100 feet to a point at other lands now or formerly of Lawrence L. Brown and Ruth C. Brown, his wife; thence along said last mentioned lands, and at right angles to the said Wertzville Road, in a southerly direction 300 feet to a point; thence eastwardly 100 feet to a point at lands now or formerly of Harper L. Walker; thence along said last mentioned lands in a northerly direction 300 feet, to the PLACE OF BEGINNING. SUBJECT, NEVERTHELESS, to the following restrictions: 1. No buildings or parts of buildings shall be erected within fifty (50) feet from the southern side of the said Wertzville Road. 2. No dwellings shall be erected upon the hereinbefore described tract of land which shall cost less than three thousand (53,000.00) dollars above foundations. 3. There shall be no obnoxious businesses permitted on the hereinbefore described tract of land. 4. No building shall be erected within ten (10) feet of the adjoining property lines. 5. All sewage disposal must be done by approved septic tanks. UNDER AND SUBJECT, NEVERTHELESS, to conditions, easements, restrictions and matters of prior record and any matter which a physical inspection or survey of the property would disclose. TITLE TO SAID PREMISES VESTED IN Dennis E. Herr and Susanne M. Herr, h/w, by Deed from Michael Lovendusky, trustee of the Lovendusky Family Irrevocable Trust date April 29, 2003, dated 02/20/2007, recorded 02/22/2007 in Book 278, Page 4240. DENNIS E. HERR was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of DENNIS E. HERR's death on or about 04/27/2009, his ownership interest was automatically vested in the surviving tenant by the entirety, Susanne M. Herr. PREMISES BEING: 6893 WERTZVILLE ROAD, ENOLA, PA 17025-1035 PARCEL NO.38-13-0988-003. t __. _ _. SHORT DESCRIPTION By virtue of a Writ of Execution N0.12-3452 CIVIL PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC vs. SUSANNE M. HERR owner(s) of property situate in the TOWNSHIP OF SILVER SPRIPiGS, Cumberland County, Pennsylvania, being (Municipality) 6893. WERTZVIL~,E ROAD, ENOLA. PA 17025-1035 Parcel No. 38-13-89~iS-003. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $162,759.10 Phelan Hallman & Schmieg, LLP Attorney fpr Plaintiff 1617 JFK Boulevazd, Suite 1400 Philadelphia, PA 19 i 03 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-3452 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC Plaintiff (s) From SUSANNE M. HERR (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: $162,759.10 L.L.: $.50 Interest FROM 10/23I!12 TO DATE OF SALE ($26.75 PER DIEM) -$3,611.25 Atty's Comm: Due Prothy: $2.25 Atty Paid: $199.25 Other Costs: Plaintiff Paid: Date: 11/27/12 ~~~ ~~~~ David D. Buell, Prothonotary (Sea;) B~ ~~~1~ ~ .~%~l~?ll Deputy RE(}i7);STING PARTY: Name: MELISSA J. CANTWELL, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD. ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308912 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS,LLC COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO.: 12-3452 CIVIL SUSANNE M. HERR A/K/A SUSANNE FRANCE AJKJA SUSANNE HERR : Defendant(s) : CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $162,759.10 Interest from 10/23/2012 to Date of Sale $15,782.50 ($26.75 per diem) TOTAL $178,541.60 Ph. . Hallinan,LLP J. Michael Kolesnik,Esq.,Id. No.308877 Attorney for Plaintiff Note: Please attach description of property. PH#755203 miso/ / out rri —1 ?, VV I� r c- .-t S 1 r< I< >C C7 t::1{... oti OL /?,� 6 12-# b1laS • 1)0 r; �` • LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Toyvnship of Sily cr Spring. County of Cumberland and State of Pennsylvania. more particularly bounded and described as'follo∎A°s. to wit: BEGINNING at a point in the center line of the Wertzville road, known as State Highway Traffic Route No. 944, said point being situated 640 feet west of now or formerly the Morrow property line; thence in a westerly direction along the center line of the said Wertzville Road 100 feet to a point at other lands now or formerly of Lawrence L. Brown and Ruth C. Brown, his wife; thence along said last mentioned lands, and at right angles to the said Wertzville Road,in a southerly direction 300 feet to a point; thence eastwardly 100 feet to a point at lands now or formerly of Harper L. Walker; thence along said last mentioned lands in a northerly direction 300 feet,to the place of BEGINNING. SUBJECT, NEVERTHELESS,TO THE FOLLOWING RESTRICTIONS: 1.No buildings,or parts of buildings shall be erected within fifty (50)feet from the southern side of the said . • Wertzville Road. • 2. No dwellings shall be erected upon the hereinbefore described tract of land which shall cost less than three • thousand($3,000.00)dollars above foundations. 3:there.shall be no obnoxious businesses permitted on the hereinbefore described tract of land. • 4.No buildings shall be erected within ten(10)feet of the adjoining property lines. . 5.All sewage disposal must'be done by approved septic tanks. • • • TITLE TO SAID PREMISES VESTED IN Dennis E. Herr and Susanne M. Herr,h/w, by Deed •• • from Michael Lovendusky, trustee of the Lovendusky Family Irrevocable Trust date April 29, 2003, dated-02/20/2007, recorded 02/22/2007 in Book 278, Page 4240. • PREMISES BEING: 6893 WERTZVILLE ROAD, ENOLA,PA 17025-1035 PARCEL NO. 38-13-0988-003. PHELAN HALLINAN, LLP ,e� , r rt '.. Attorneys for Plaintiff John Michael Kolesnik, Esq., Id. No.308877 rF 'ti lam ' 1617 JFK Boulevard, Suite 1400 ?OI/i JAN 31 M110: 16 One Penn Center Plaza Philadelphia, PA 19103 C T,t John.Kolesnik @phelanhallinan.com PENNS YLVA N!A 215-563-7000 PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO.: 12-3452 CIVIL SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE : HERR Defendant(s) : CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled (X) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: P 'Ian Hallinan,LLP .hn Michael Kolesnik,Esq.,Id. No.308877 Attorney for Plaintiff PNMAC MORTGAGE OPPORTUNITY FUND COURT OF COMMON PLEAS INVESTORS, LLC • Plaintiff CIVIL DIVISION • v. • NO.: 12-3452 CIVIL SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR • CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS,LLC,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 6893 WERTZVILLE ROAD,ENOLA,PA 17025-1035. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) SUSANNE M.HERR A/K/A SUSANNE 6801 WEST MOELLER CIRCLE,NEWS FRANCE A/K/A SUSANNE HERR PALESTINE,IN 46163-9254 rnrZ ro 2. Name and address of Defendant(s)in the judgment: C,J c j -'> -- ''-) Name Address(if address cannot be reasonably ascertained,please so indicate) < SUSANNE M.HERR A/K/A SUSANNE 6801 WEST MOELLER CIRCLE >o :x FRANCE A/K/A SUSANNE HERR NEW PALESTINE,IN 46163-9254 C 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) PENN WASTE,INC C/O JOHN N 119 E MARKET STREET ELLIOTT,ESQUIRE YORK,PA 17401 PENN WASTE,INC. PO BOX 3066 85 BRICK YARD ROAD YORK,PA 17402 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot he reasonably ascertained,please indicate) - CITIMORTGAGE,INC. 1111 NORTHPOINT DRIVE, BUILDING 4 SUITE 100 COPPELL,TX 75019 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON,MO 63368 CITIMORTGAGE, INC. CIO ORION ATTN: M.E. WILEMAN FINANCIAL GROUP,INC. 2860 EXCHANGE BOULEVARD#100 SOUTHLAKE,TX 76092 PH#755203 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. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 6893 WERTZVILLE ROAD ENOLA,PA 17025-1035 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: M011 By: elan Hallinan,LLP John Michael Kolesnik, Esq.. Id. No.308877 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza,Philadelphia, PA 19103 215-563-7000 PH#755203 PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, : COURT OF COMMON PLEAS LIB : CIVIL DIVISION Plaintiff : : NO.: 12-3452 CIVIL vs. SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A : CUMBERLAND COUNTY SUSANNE HERR Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY > - '`1 ci TO: SUSANNE M. HERR A/K/A SUSANNE r— 73. FRANCE A/K/A SUSANNE HERR a 6801 WEST MOELLER CIRCLE NEW PALESTINE, IN 46163-9254 cT **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 6893 WERTZVILLE ROAD,ENOLA,PA 17025-1035 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of$162,759.10 obtained by PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS,LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. -You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may 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. 12-3452 CIVIL PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS,LLC v. SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR owner(s) of property situate in the TOWNSHIP OF SILVER SPRINGS, CUMBERLAND County, Pennsylvania, being 6893 WERTZVILLE ROAD,ENOLA,PA 17025-1035 Parcel No. 38-13-0988-003. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $162,759.10 Attorneys for Plaintiff Phelan Hallinan, LLP y.4 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Silver Spring,County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows,to wit: BEGINNING at a point in the center line of the Wertzville road,known as State Highway Traffic Route No. 944, said point being situated 640 feet west of now or formerly the Morrow property line;thence in a westerly direction along the center line of the said Wertzville Road 100 feet to a point at other lands now or formerly of Lawrence L.Brown and Ruth C.Brown, his wife; thence along said last mentioned lands,and at right angles to the said Wertzville Road,in a southerly direction 300 feet to a point;thence eastwardly 100 feet to a point at lands now or formerly of Harper L.Walker;thence along said last mentioned lands in a northerly direction 300 feet,to the place of BEGINNING. SUBJECT,NEVERTHELESS,TO THE FOLLOWING RESTRICTIONS: 1. No buildings, or parts of buildings shall be erected within fifty(50)feet from the southern side of the said Wertzville Road. 2. No dwellings shall be erected upon the hereinbefore described tract of land which shall cost less than three thousand($3,000.00)dollars above foundations. 3. there shall be no obnoxious businesses permitted on the hereinbefore described tract of land. 4.No buildings shall be erected within ten(10)feet of the adjoining property lines. 5.All sewage disposal must be done by approved septic tanks. TITLE TO SAID PREMISES VESTED IN Dennis E. Herr and Susanne M. Herr, h/w, by Deed from Michael Lovendusky, trustee of the Lovendusky Family Irrevocable Trust date April 29, 2003, dated 02/20/2007, recorded 02/22/2007 in Book 278, Page 4240. PREMISES BEING: 6893 WERTZVILLE ROAD,ENOLA,PA 17025-1035 PARCEL NO.38-13-0988-003. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-3452 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS LLC Plaintiff(s) From SUSANNE M.HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR (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: $162,759.10 L.L.: Interest FROM 10/23/2012 TO DATE OF SALE($26.75 PER DIEM)-$15,782.50 Atty's Comm: Due Prothy: $2.25 Atty Paid: $974.76 Other Costs: Plaintiff Paid: Date: 1/31/2014 I / - • David D.Buell, Prothonotary (Seal) By: i � �/ Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone:215-563-7000 Supreme Court ID No.308877 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC Cl. ..- -, PH # 755203 { + :"''" DEFENDANT SERVICE TEAM / lxh t i Tl ' 13 SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE COURT NO.: 12 -3452 CIVIL ;1-1.-- cp HERR c.J y '- i. SERVE SUSANNE M. HERR A/K/A SUSANNE FRANCE A/KJA TYPE OF ACTION �; ..-t SUSANNE HERR AT: XX Notice of Sheriff's Sale C' 17, 6801 WEST MOELLER CIRCLE SALE DATE: June 4, 2014 c>- --;— NEW PALESTINE, IN 46163 -9254 ....k G' SERVED Served and made known to SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR, Defendant on the /6,2 day of d , 20 /41, at (p /.2 , o'clock4_. M., at6Se)1 GiA /i /oe p0,4aezciE- , in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager /Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age e,'0 Height $' Weight / g.v Race kL Sex F Other&/ / /yf.e' Gomi_ a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct Lopy 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. Sworn to and subscribed before e this /3 day of cY , 20/5 N° .9: By: / /e /' i% On the day of 20 , at state that Defendant NOT FOUND because: Vacant Does Not Exist _ No Answer on Service Refused Other: Sworn to and subscribed before me this day of , 20 . By: NO r SERVE 1� o'clock _. M., I, , a competent adult hereby _ Moved _ Does Not Reside (Not Vacant) at at Notary: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski @phelanhallinan.com 215 -563 -7000 ? W R L A N ATTORNEY FOR PLAINTIFF PNMAC MORTGAGE OPPORTUNITY FUND Court of Common Pleas INVESTORS, LLC Plaintiff Civil Division v. CUMBERLAND County SUSANNE M. HERR No.: 12 -3452 CIVIL A /K/A SUSANNE FRANCE A /K/A SUSANNE HERR DENNIS E. HERR Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, 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 May 16, 2012. 2. Judgment was entered on October 22, 2012 in the amount of $162,759.10. 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. 755203 4. A Sheriffs Sale of the mortgaged property at 6893 WERTZVILLE ROAD, ENOLA, PA 17025-1035 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant, SUSANNE MARIE DIXON A/K/A SUSANNE M. HERR A/KJA SUSANNE FRANCE A/KJA SUSANNE HERR, filed a Chapter 13 Bankruptcy at Docket Number 13-00768 on January 30, 2013. Plaintiff obtained relief from the bankruptcy stay by order of court dated July 1, 2013. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "B". 5. The Property is listed for Sheriffs Sale on June 4, 2014. 6. 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 May 6, 2014 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Property Preservation Escrow Deficit $142,388.52 $49,419.33 $281.50 $2,500.00 $1,859.19 $1,500.00 $557.50 $1,865.00 $16,967.50 TOTAL $217,338.54 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. 755203 9. Plaintiffs 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 copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 23, 2014 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 "C ". 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: Ltlal iy By: Phelan Hallinan, LLP Justin F. ATT , Esquire EY FOR PLAINTIFF 755203 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215 -563 -7000 PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC Plaintiff v. SUSANNE M. HERR A/K/A SUSANNE FRANCE A /K/A SUSANNE HERR DENNIS E. HERR Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -3452 CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE SUSANNE M. HERR A/K/A SUSANNE FRANCE A /K/A SUSANNE HERR and DENNIS E. HERR 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 6893 WERTZVILLE ROAD, ENOLA, PA 17025 -1035. 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 755203 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.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 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 755203 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust fmancial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 755203 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 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. 755203 Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping 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 755203 Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs 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 755203 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation ". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 755203 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP Justin F. Attorn beski, r squire for Plaint ff 755203 Exhibit "A" 755203 PHELAN HALLINAN & SCHMIEG, LLB Jonathan Lobb, Esq. Id. No.312174 n,l' 1i 22 1617 JFK Boulevard, Suite 1400 ,, ,} CO1IRa One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 Attorney for Plaintiff PNMAC MORTGAGE OPPORTUNITY : CUMBERLAND COUNTY FUND INVESTORS, LLC : COURT OF COMMON PLEAS vs. : CIVIL DIVISION SUSANNE M. HERR : No. 12 -3452 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 SUSANNE M. HERR, Defendant 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 $162,759.10 TOTAL $162,759.1.0 I hereby certify that (1) the Defendant's last known addresses are 6801 WEST MOELLER CIRCLE, NEW PALESTINE, IN 46163 -9254 and 6893 WERTZVILLE ROAD, ENOLA. PA 17025-1035, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date /09P2- athan Lobb, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: aul \ .SbVia a 4411 2613.078'x2 �Y � lei Exhibit "B" 755203 Case 13- 00768- JKC -13 Doc 30 Filed 07/01/13 EOD 07/01/13 15:14:49 Pg 1 of 2 SO ORDERED: July 1, 2013. In Re: Susanne Marie Dixon aka Susanne France aka Susanne Herr UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION Case No.: 13 -00768 Chapter 13 Judge: James K. Coachys Debtor Dennis E. Herr Non Filing Co- Debtor ORDER ON MOTION FOR RELIEF FROM CO- DEBTOR STAY This matter is before the Court upon the Motion for Relief from Co- Debtor Stay ( "Motion ") filed by PNMAC Mortgage Opportunity Fund Investors, LLC ( "Creditor) pursuant to Section 1301(c). The Motion demonstrates that the Creditor holds a security interest in the real property commonly known as 6893 Wertzville Road, Enola, PA 17025 and that the Debtor and Co- Debtor are unable to provide Creditor with adequate protection. Therefore, for good cause shown, this Court GRANTS the Motion for Relief Case 13- 00768- JKC -13 Doc 30 Filed 07/01/13 EOD 07/01/13 15:14:49 Pg 2 of 2 from Co- Debtor Stay and Creditor is authorized to proceed with its State Law rights, including, but not limited to its right to proceed with a foreclosure sale of the real property commonly known as 6893 Wertzville Road, Enola, PA 17025. Additionally, the provisions of Bankruptcy Rule 4001(a)(3) are hereby waived, said real estate is hereby abandoned and this order is effective immediately. 755203 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX #: (215) 563 -3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania April 16, 2014 SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR 6801 WEST MOELLER CIRCLE NEW PALESTINE, IN 46163 -9254 RE, PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC v. SUSANNE M. HERR, A/K/A SUSANNE FRANCE, A/K/A SUSANNE HERR and DENNIS E. HERR Premises Address: 6893 WERTZVILLE ROAD ENOLA, PA 17025 CUMBERLAND County CCP, No. 12 -3452 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 4/21/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly ye Joust'• F.:f; ;o eski., Esq., Id. No.200392 Alt nev'fo Plaintiff Enclosure 755203 Name and Address Of Sender Phelan Hallinan, LLP NS1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadel hia PA 19103 JOH Line Article Number Name of Addressee, Street, and Post Office Address Postage 2 **** SUSANNE M. HERR $0.47 6801 WEST MOELLER CIRCLE NEW PALESTINE, IN 46163-9254 3 **** SUSANNE M. HERR $0.47 6893 WERTZVILLE ROAD ENOLA, PA 17025-1035 RE: SUSANNE M. HERR A/IC/A SUSANNE FRANCE A/K/A SUSANNE HERR (CUMBERLAND) PH # $0.94 755203/1200 Page 1 of I Total Number of Total Number of Picots Postmaster, Pa (Name of The full declaration of value is required on all domestic and international registered mail. The Pieces Listed by Sender Received at Post Office Receiving Employee) for the reconstruction of nonnegotiable documents under Exprect Mail document reconstructim piece subject In a limit of $500,000 per occurrence. The maximum indemnity payable on Ettpn The maximum indemnity payable is S25,000 for registered mail. sent with optional insurance. , R900 5913 and S921 for limitations of covange. Form 3877 Facsimile • 755203 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215 -563 -7000 ATTORNEY FOR PLAINTIFF PNMAC MORTGAGE OPPORTUNITY FUND Court of Common Pleas INVESTORS, LLC Plaintiff Civil Division v. CUMBERLAND County SUSANNE M. HERR No.: 12 -3452 CIVIL A/K/A SUSANNE FRANCE A /K/A SUSANNE HERR DENNIS E. HERR Defendant 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. SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR 6801 WEST MOELLER CIRCLE NEW PALESTINE, IN 46163 -9254 DATE: 1--iie3111-, By: SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR 6893 WERTZVILLE ROAD ENOLA, PA 17025 -1035 Phelan Hallinan, LLP AF■s/ ' Jus ' . Kobes Esquire ATTORNEY FOR PLAINTIFF 755203 R 1 a IN THE COURT OF COMMON PLEAS OF'CUMBERLAND COUNTY PENNSYLVANIA PNMAC MORTGAGE OPPORTUNITY FUND Court of Common Pleas INVESTORS, LLC Plaintiff Civil Division V. CUMBERLAND County SUSANNE M. HERR No.: 12-3452 CIVIL A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR DENNIS E. HERR Defendant RULE AND NOW, this 30 ` day of��» 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. rrl U) -e: Cn ' O C? -�, co 755203 t. Justin F.Kobeski,Esq.,Id.No.200392 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215) 563-3459 SUSANNE M. HERR ANNE M. HERR A/K/A SUSANNE FRANCE A/K/A A/K/A SUSANNE FRANCE A/K/A SUSANNE SUSANNE HERR HERR 6801 WEST MOELLER CIRCLE 6893 WERTZVILLE ROAD NEW PALESTINE, IN 46163-9254 ENOLA, PA 17025-1035 755203 755203 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 • 59 Attorney for Plaintiff L,i°iBERL14ND PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC Plaintiff, v. SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR DENNIS E. HERR Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION . No.: 12-3452 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: SACY7 7 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Adam H. Davis, Esq., Id. No. 03034 Attorney for Plaintiff PH # 755203 Name and Phelan Hallinan, LLP nuuress yr 1617 )PIC Bouhwanl, Sune 1400 Sender One Penn Center PlazaECil Philadelphia, PA 19103 AZK/GIL - 06/0412014 SALE i ea 44 Ir Line Article Number Name of Addressee, Street, and Post O1IIcc Address Postageei 1 **s* TENANT/OCCUPANT 6893 WERTZVILLE ROAD ENOLAA PA 17025-1035 $0.45 w �,toib 2 toss CITIMORTGACE, INC. 1111 NORTHPOINT DRIVE, BUILDING 4 SUITE100Olt COPPELL, TX 75019 $0.45 Q t . a ; 3 ss*s CTTIMORTGAGE, INC. TECHNOLOGY DRIVEici O'FALLON, MO 63368 $0.45 a. 1- • , ;• 4 *ss* CITIMORTGAGE, INC. C/O ORION FINANCIAL GROUP, INC. ATTN: M.E. WILEMAN 2860 EXCHANGE BOULEVARD #100 SOUTHLAKE, TX 76092 $0.45 1, ,M r; .5 ; i^I ' ; J . 5 try* COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION 6TH FLOOR. STRAWBERRY SQ. $0.45 f r1 * - 'e'' DEPT 280601 HARRISBURG, PA 17128 � 6 *ss* DEPARTMENT OF PUBLIC WELFARE, TPL CASUALTY UNIT, ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 $0.45 y�(jt - �� a 7 *ss* PENN WASTE, INC C/O JOHN N ELLIOTT,ESQUIRE 119 E MARKET STREET YORK, PA 17401 $0.45 �3 d Z 0 �� 8 sass PENN WASTE, INC. PO BOX 3066 85 BRICK YARD ROAD YORK, PA 17402 $0.45 9 **** DOMESTIC RELATIONS OF CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE, PA 17013 $0.45 10 ss** COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. BOX 2675 HARRISBURG, PA 17105 $0.45 11 **ss INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 $0.45 12 s*** US. DEPARTMENT OF JUSTICE US. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 $0.45 HARRISBURG,- r 7t ii54 - 1 ._.,,—. - "RL; SIMONE M. HERIY Y 1I $USX'RNE FR _A/KMI-SUSRNNE HERR /CUMBERLAND) 'I''ll # 755203/1021' Page toil - t.- 55.40 " Total Number of nuslAed g+ by Send Tial NagnFe dykes wM+s u 1 Wee ke Rwenawe. Pa tMagesd Rah,,bf bubf?a) p wale/1000 lite f * full of .sm roahrequiredId&weak matMMenal7caalate,Mend gest!.Shea*t*fva Gidetihy payable lir tlx 1%., ...Oen eta metotiaMe dtatnncwta cw.ty payaNaan Rap,. Mall halrea Mali damaged recoukucka Wave. it 570,000 orei«a 1.04.1 la ahate d$300.000 M omen... 7tm aux.anffJa a+tfi.ndne kSlak Ileaaaakwew ineesety partatakSl5.00a it re3kmd auk testwA*q imaI Nauru. S. dawns M,5 Naomi Maawl R0003913 and 5'3 tar iYNeskeh ofcmngr. Form 3877 Facsimile 0 0 it I 4, Phelan Hallinan, LLP Li, I -NE PROrfluNaLTi� Jonathan Lobb, Esq., Id. No.312174201 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400' j(: One Penn Center Plaza=UP�1Bf FAL Philadelphia, PA 19103 PENNS YLVAN�N`i 70:y Jonathan.Lobb@phelanhallinan.com 215-563-7000 PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC Plaintiff vs. SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR DENNIS E. HERR Court of Common Pleas Civil Division CUMBERLAND County No.: 12-3452 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 30, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR 6801 WEST MOELLER CIRCLE NEW PALESTINE, IN 46163-9254 DATE: sighy By: SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR 6893 WERTZVILLE ROAD ENOLA, PA 17025-1035 Phelan Hallinan, LLP Jordan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 755203 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC Plaintiff vs. SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County mow: No.: 12-3452 CIVIL -c Srn U,r r.) U) v c� _` CD -7, MOTION TO MAKE RULE ABSOLUTE PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on April 24, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about April 30, 2014 directing the Defendant to show cause by May 20, 2014 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 A. 3. The Rule to Show Cause was timely served upon all parties on May 8, 2014 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 B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 20, 2014. 755203 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: By: Phelan _ llin. , LLP Jonath . Etkowicz, Esq., Id. No.208786 Attorn. for Plaintiff 755203 Exhibit "A" 755203 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC Plaintiff v. SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR DENNIS E. HERR Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 12-3452 CIVIL RULE AND NOW, this 3641\— day of t• (_ . 2014, 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 Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT CD NJ c _ -v r s „: rico c a rn �-, is ^? z 2K r 755203 Justin F. Kobeski, Esq., Id. No.200392 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR 6801 WEST MOELLER CIRCLE NEW PALESTINE, IN 46163-9254 SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR 6893 WERTZVILLE ROAD ENOLA, PA 17025-1035 755203 755203 Exhibit "B" 755203 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Pcnn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 Y e AUT;TORNEY FOR PLAINTIFF 1,113ERLA D CCU " PENNSYLVANIA PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC Plaintiff vs. SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR DENNIS E. HERR Court of Common Pleas Civil Division C`C JMBERLAND County No.: 12-3452 CIV11, Defendant CERTIFICATIONOF SERVICE I hereby certify that a true and correct copy of the Court's April 30, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR 6801 WEST MOELLER CIRCLE NEW PALESTINE_ IN 46161-Q1sn DATE; SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR 6893 WERTZVILLE ROAD 771. T/' r. -- Phelan Hallinan, LLP By: _ _ �a .... JOI .,.{ n Lobb, Esq., Id. No.312174 Attorney for Plaintiff 755203 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC Plaintiff vs.. SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12-3452 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR 6801 WEST MOELLER CIRCLE NEW PALESTINE, IN 46163-9254 DATE: v/' By: Jonath Attorn SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR 6893 WERTZVILLE ROAD ENOLA, PA 17025-1035 Phelan LLP E k•wicz,' q., Id. No.208786 Plaintiff 755203 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC Plaintiff vs. SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 12-3452 CIVIL ORDER AND NOW, this 3'? day of ( �, , 2014, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through May 6, 2014 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Property Preservation Escrow Deficit TOTAL Plus interest at six percent per annum. Note: The above figure is not a payoff quote. figure. e-OrievC 414 - F O/AM -2- 5tt )JE $142,388.52 2 $49,419. $281. $2,500.9; $1,859, $1,50014)Q-) $55( $1,865.0 $16,967.50' $217,338.54 Sheriffs commission is not included in the above BY T -1E COURT: 755203 y • Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFF4CE OF ME SRER!FF _i,3 -JC i' iC GE ; . PROTHONOTARY2EifliAUG 26 Pry 2:314 CUMBERLAND COUNTY PENNSYLVANIA PNMAC Mortgage Co., LLC vs. Case Number Susanne M. Herr A/K/A Susanne France A/K/A Susanne Herr 2012-3452 SHERIFF'S RETURN OF SERVICE 03/27/2014 03:15 PM - Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 6893 Wertzville Road, Silver Spring - Township, Enola, PA 17025, Cumberland County. 06/04/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse 1 Courthouse Square Carlisle Pa, 17013 at 1000 am on June 4, 2014. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of, PNMAC Mortgage Opportunity Fund Investors, LLC, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $863.68 SO ANSWERS, July 28, 2014 ci CountyStrie Sheriff, Telecsoft. r c. RONR ANDERSON, SHERIFF 04. a� p1- £o.. On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Silver Springs Township, Cumberland County, PA, Known and numbered as 6893 Wertzville Road, Enola, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 3, 2014 By: Real Estate Coordinator b9 :E d S- @ J hIOL JAIKRS WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-3452 Civil COUNTY OF CUMBERLAND) CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS LLC Plaintiff (s) From SUSANNE M. HERR A/K/A SUSANNE FRANCE A/K/A SUSANNE HERR (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: $162,759.10 L.L.: Interest FROM 10/23/2012 TO DATE OF SALE ($26.75 PER DIEM) - $15,782.50 Atty's Comm: Atty Paid: $974.76 Plaintiff Paid: Date: 1/31/2014 (Seal) Due Prothy: $2.25 Other Costs: LIE David D. Buell, Prothono REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 Deputy t , , COPY F, - n rye t y hand and seal of said boort al Carlisle, le, r a. This _2.- day of 2 Prothonotary 10 a- C&OAv LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2012-3452 Civil Term PNMAC Mortgage Co., LLC vs. Susanne M. Herr a/k/a Susanne France a/k/a Susanne Herr Atty.: Joseph Schalk By virtue of a Writ of Execution No. 12-3452 CIVIL, PNMAC MORT- GAGE OPPORTUNITY FUND INVES- TORS, LLC v. SUSANNE M. HERR a/k/a SUSANNE FRANCE a/k/a SUSANNE HERR owner(s) of prop- erty situate in the TOWNSHIP OF SILVER SPRINGS, CUMBERLAND County, Pennsylvania, being 6893 WERTZVILLE ROAD, ENOLA, PA 17025.1035. Parcel No. 38-13-0988-003. Improvemernts thereon: RESI- DENTIAL DWELLING. Judgment Amount: $162,759.10. 64 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 18, April 25 and May 2, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 2 day of May, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE My Commission EI es Apr CUMBERLAND2 , 2018 {;. The Patriot -News Co. '020 Technology Pkwy ��"' Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he patriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 011111 InATIrlid f`nov 2012-3452 Clvil Term PNMAC Mortgage.Co., LLC Vs Susanne M. Herr A/K/A Susanne France A/K/A Susanne Herr Atty: Joseph Schalk By virtue of a Writ of Execution No. 12-3452 CIVIL PNMAC OPPORTUNITY INVESTORS, LLC v. SUSANNE M. HERR SUSANNE FRANCE SUSANNE HERR owner(s) of property situate in the TOWNSHIP OF SILVER SPRINGS, CUMBERLAND County, Pennsylvania, being 6893 WERTZVILLE ROAD, ENOLA, PA 17025.1035 Parcel No. 38-13-0988-003. (Acreage or street address) . Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $162,759.10 MORTGAGE FUND A/K/A A/K/A This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 Swor- to and ubscribed before me this vr Not, 'ubli' of May, 2014 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, ;rotary Public 4.%sh'ngton T.vp., Dauphin County 1y Ccrnrnlssion Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which PNMAC Mortgage Opportunity Fund Investors LLC is the grantee the same having been sold to said grantee on the 4th day of June A.D., 2014, under and by virtue of a writ Execution issued on the 31st day of January, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 3452, at the suit of PNMAC Mortgag Opportunity Fund Investors LLC against Susanne M. Herr a/k/a Susanne France a/k/a Susanne Herr is duly recorded as Instrument Number 201419178. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this a6 /ly.. $ ,,.D. aoiv 6v 24 ig_LA day of ' Recorder of Deeds Deeds, Cumberland County, Carlisle, PA My Co sion Expires the First Monday of Jan. 2018