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HomeMy WebLinkAbout13-0082' ~ ~. ~t! ~U-~~F14.~ ter '~~`~~ ~`i~~~l~'Q~t~INY 2013 JAIL - 4 QM 10~ 11 ~~}~~~'~AN~ ~~~INTY PE7~k5YLYANIA Defendants CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE PHELAN HALLINAN & SCHNIIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevazd, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") 3900 WISCONSIN AVENUE, NW WASHINGTON, DC 20016-2892 v. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 13 - ~ 1~/ 1 ~ ~ ~-~' ~'1 CANDACE E. PICKER A/K/A CANDACE E. SHULTZ KENNETH R. SHULTZ, JR CUMBERLAND COUNTY 975 MARKET STREET SUITE 209 FORT MILL, SC 29708-6531 File #: 279615 a C~ t ~t~ a3s ~ ~t~ a~~aaa 1 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 #: 279615 . a Plaintiff is FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") 3900 WISCONSIN AVENUE, NW WASHINGTON, DC 20016-2892 2. The name(s) and last known address(es) of the Defendant(s) are: CANDACE E. PICKER A/K/A CANDACE E. SHULTZ KENNETH R. SHULTZ, JR 975 MARKET STREET SUITE 209 FORT MII.L, SC 29708-6531 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/12/2006 CANDACE E. PICKER and KENNETH R. SHULTZ, JR made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR CARDINAL FINANCIAL COMPANY, LTD. PARTNERSHIP which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1976, Page 0307. By Assignment of Mortgage recorded 08/30/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201124094.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2010 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. 6. The following amounts are due on the mortgage as of 12/13/2012: File #: 2'19615 .. ., Principal Balance $158,439.79 Interest $27,557.40 03/01/2010 through 12/13/2012 Late Charges $253.95 Property Inspections $508.50 Property Preservation $95.00 Escrow Deficit 10 955.86 TOTAL $197,810.50 7. Plaintiff is not seeking a judgment of personal liability (or an in nersonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a sepazate Action to establish that right, if such right exists. If Defendant(s) has/have received a dischazge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability dischazged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. The mortgage premises are vacant and abandoned. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $197,810.50, 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. By: PHELAN~A~,LIN~1N & SCHMIEG, LLP J hael Kolesnik, Esq., Id. No.308877 for Plaintiff File #: 279615 ~y LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, together with the improvements thereon located, situate in Middlesex Township, Cumberland County, Pennsylvania, known as Lot No. 5 of the 'Cloverleaf Subdivision Plan' recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 48, Page 22, more particularly described as follows: BEGINNING at a point on the southerly side of Willow View Drive (erroneously refered to as Avenue in previous deeds), said point being the northeast corner of Lot No. 4 shown on the hereinafter mentioned subdivision plan; thence North 55 degrees, 15 minutes East along the southerly side of Willow View Drive (erroneously refered to as Avenue in previous deeds), a distance of 100.00 feet to a point at the northwestern corner of Lot No. 6 as shown on the hereinafter mentioned subdivision plan; thence South 34 degrees 45 minutes East along Lot No. 6 a distance of 140.00 feet to a point; thence South 55 degrees, 15 minutes West a distance of 100.00 feet to a point at the southeastern corner of Lot No. 4 as shown on the hereinafter mentioned subdivision plan; thence North 34 degrees, 45 minutes West along Lot No. 4 a distance of 140.00 feet to a point on the southern side of Willow View Drive (erroneously refered to as Avenue in previous deeds), being the point and place of BEGINNING. BEING all of Lot No. 5 of the 'Cloverleaf Subdivision Plan', which plan is recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 48 at Page 22. BEING the same premises which Donald R. Dorer and Wendy W. Dorer by deed dated June 3, 2005 and recorded June 6, 2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 269, Page 1227, granted and conveyed unto Jeffrey Connacher and Angela Connacher. PROPERTY ADDRESS: 126 WILLOW VIEW DRIVE, CARLISLE, PA 17013-8479 PARCEL # 21-18-1363-043A File #: 279615 ~. .. VERIFICATION Andrew Fry Foreclosure Specblist hereby states that he/she is of SETERUS, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: File#: 279615 Name: PICKER Name: Andrew Fry Title: Foren~ure Specialist Seterus, Inc., as Servicer Federal Natior+el Mortgage Assoaadon ("FHMI-") File #: 27961 S AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY C,) ry (77' FANNIE MAE("FEDERAL NATIONAL MORTGAGE `:--- ' ASSOCIATION") PHS#279615 -0:r DEFENDANT SERVICE TEAM/nae --0 -.o CANDACE E.PICKER A/K/A CANDACE E.SHULTZ COURT NO.:13-82-CIVIL --- J KENNETH R.SHULTZ,JR D SERVE CANDACE E.PICKER A/K/A CANDACE E.SHULTZ AT: TYPE OF ACTION 180 EMBASSY DR XX Mortgage Foreclosure « FORT MILL,SC 29715-7331 XX Civil Action D Fri SERVED Served and made known to CANDACE E.PICKER A/K/A CANDACE E.SHULTZ,Defendant on the 14thday of Ma✓el, 20 j_,at o.i5(L,o'clock A.M.,at R(r g. r.,-S f q t. ra i t M j h�S'C,in the manner described below: _Defendant personally served. �[Adult family member with whom Defendant(s) reside Relationship is rQ u_ Cw V&Nf;h & L _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 JJ—� Height " Weight��Race� Sex�Other I, �rl rat_W >�/I &J4,a competent adult,being duly sworn according to law,depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. Sworn to and subpfribed irex befq�m_e`this day My COn'1n11SSl(!n Exp of 20 February 1u,2015 Nota �y *Ay: NOT SERVED On the day of 20_,at o'clock_.M.,I. ,a competent adult hereby state that Defendant NJOT FOi D because: _Vacant _Does Not Exist _Moved u Does Not Reside(Not Vacant) _No Answer on at at _Service Refused Other: Sworn to and subscribed before me this day of 20_. By: Notary: ATTORNEY FOR PLAINTIFF Chrisovalante P.Fliakos.Esq.,Id.No.94620 Lawrence T.Phelan,Esq.,Id.No.32227 Courtenay R.Dunn,Esq.,Id.No.206779 Francis S.Hallinan.Esq..Id.No.62695 Allison F.Zuckerman,Esq.,Id,No.309519 Daniel G.Schmieg,Esq..Id.No.62205 Melissa J.Cantwell,Esq.,Id.No.308912 Michele M.Bradford,Esq..Id.No.69849 Mario J.Hanyon,Esq..Id.No.203993 Judith T.Romano,Esq.,Id.No.58745 Andrew J.Marley,Esq..Id.No.312314 lenine R.Davey,Esq.,Id.No.87077 John M.Kolesnik,Esq.,Id.No.308877 Lauren R.Tabas,Esq.,Id.No.93337 Matthew G.Brushwood,Esq.,Id.No.310592 Jay B.Jones,Esq.,Id.No.86657 Zachary J.Jones,Esq..Id.No.310721 Andrew.L.Spivack,Esq..Id.No.84439 Justin F.Kobeski,Esq..Id.No.200392 One Penn Center at Suburban Station 1617 John F.Kennedy Blvd., Suite 1400 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY ' FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION") PHS#279615 t i l r`1-- rn DEFENDANT SERVICE TEAM/nne t v CD CANDACE E.PICKER A/K/A CANDACE E.SHULTZ COURT NO.:13-82-CIVIL KENNETH R.SHULTZ,JR t_.3 SERVE KENNETH R.SHULTZ,JR AT: TYPE OF ACTION c-, :.. . 108 EMBASSY DR XX Mortgage Foreclosure 4,t APT 101 XX Civil Action ' FORT MILL,SC 29715 SERVED Served and made known to KENNETH R.SHULTZ JR,Defendant on the —K day of 20; ,at k9 11,o'clock A.M.,at 19J. 9. rirC�A, M ill I�Z in the manner described below: Defendant personally served. Adult family member with whom Defendant(s)reside(s). 1 Relationship is FON,- . I r4me bh �Ift lj l t ie �r _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 /g/y�q Height�(i Weight��Race� Sex `�_Other I, ��r[(, 2�Plfi�Aro ,a competent adult,Ding duly sworn according to law,depose and state that I personally handed a true and correct copy of the Foreclosure Co m 1 ' t in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. Sworn to and subsc ibed befo me this day of Tres fU �', Jky j mmission Exp Notary: By:February �u,2015 NOT SERVED On the day of ,20_,at_o'clock_.M.,1, ,a competent adult hereby state that Defendant OT FO 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 day of —�. By: Notary: ATTORNEY FOR PLAINTIFF Chrisovalante P.Fliakos.Esq.,Id.No.94620 Lawrence T.Phelan,Esq.,Id.No.32227 Courtenay R.Dunn,Esq..Id.No.206779 Francis S.Hallinan,Esq.,Id.No.62695 Allison F.Zuckerman.Esq.,Id.No.309519 Daniel G.Schmieg,Esq..Id.No.62205 Melissa J.Cantwell.Esq..Id.No.308912 Michele M.Bradford,Esq.,Id.No.69849 Mario J.Hanyon,Esq..Id.No.203993 Judith T.Romano,Esq.,Id.No.58745 Andrew J.Marley,Esq.,Id.No.312314 Jenine R.Davey,Esq.,Id.No.87077 John M.Kolesnik,Esq..Id.No.308877 Lauren R.Tabas,Esq.,Id.No.93337 Matthew G.Brushwood,Esq..Id.No.310592 Jay B.Jones,Esq.,Id.No.86657 Zachary J.Jones,Esq..Id.No.310721 Andrew L.Spivack,Esq.,Id.No.84439 Justin F.Kobeski.Esq..Id.No.200392 One Penn Center at Suburban Station 1617 John F.Kennedy Blvd., Suite 1400 �n f ' 2 ; e 1G: E.. PHELAN HALLINAN, LLP '" , Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 AND COUST 1617 JFK Boulevard, Suite 1400 P NSSY LV '31A One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL : CUMBERLAND COUNTY MORTGAGE ASSOCIATION") : COURT OF COMMON PLEAS vs. : CIVIL DIVISION CANDACE E. PICKER A/K/A CANDACE E. SHULTZ : No. 13-82-CIVIL KENNETH R. SHULTZ,JR 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 CANDACE E. PICKER A/K/A CANDACE E. SHULTZ and KENNETH R. SHULTZ,JR, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $197,810.50 TOTAL $197,810.50 I hereby certify that (1) the Defendants' last known addresses are 186 1ST ST S, FORT MILL, SC 29708-9391 and 126 WILLOW VIEW DRIVE, CARLISLE, PA 17013-8479, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. � Date fJ ! 2�t!/A3 !j r Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: & d7 /3 PHS#279615 PROTHONOTARY ant#*/1$o,1 a/J RA aggad•Na ic' nya,�J PHELAN HALLINAN, LLP Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL : CUMBERLAND COUNTY MORTGAGE ASSOCIATION") : COURT OF COMMON PLEAS vs. : CIVIL DIVISION CANDACE E. PICKER : No. 13-82-CIVIL A/K/A CANDACE E. SHULTZ KENNETH R. SHULTZ,JR AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant CANDACE E. PICKER A/K/A CANDACE E. SHULTZ is over 18 years of age and has last known addresses at 186 1ST ST S, FORT MILL, SC 29708- 9391 and 126 WILLOW VIEW DRIVE, CARLISLE, PA 17013-8479. (c) that defendant KENNETH R. SHULTZ, JR is over 18 years of age and has last known addresses at 186 1ST ST S, FORT MILL, SC 29708-9391 and 126 WILLOW VIEW DRIVE, CARLISLE, PA 17013-8479. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date f/7 61//� 7 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 279615 • Results as of:Jun-26-2013 12:16:44 Department of Defense Manpower Data Center SCRA 3.0 ,., %_ Status Report 4 Pursuant to Servicetnenthers Civil Relief Act Last Name: PICKER First Name: CANDACE Middle Name: E Active Duty Status As Of: Jun-26-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Otiaity, Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Jun-26-201312:35:36 SCRA 3.0 •R a"j� sb w/ Status Report Pursuant to Servicemombers Civil Relief Act Last Name: PICKER First Name: CANDACE Middle Name: ELIZABETH Active Duty Status As Of: Jun-26-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Jun-26201312:36:07 SCRA 3.0 Status Report Pursuant to ervi crn e b Civil Relief Act *t4Fx ar*, i Last Name: SHULTZ First Name: CANDACE Middle Name: E Active Duty Status As Of: Jun-26-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Jun-26-201372:37:17 SCRA 3.0 #...ag 4 R'' Status Report P u �:t to Scrviecrnem C" -1R1*Relief A t Last Name: SHULTZ First Name: CANDACE Middle Name: ELIZABETH Active Duty Status As Of: Jun-26-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. )11121 4111141+-- Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Jun-26-201312:16:45 SCRA 3.0 Status Report qe� Pursuant to Servicernornbers Civil Relief Act Last Name: SHULTZ First Name: KENNETH Middle Name: R Active Duty Status As Of: Jun-26-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No.-.. NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. All, Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) - Revised FANNIE MAE ("FEDERAL NATIONAL : CUMBERLAND COUNTY MORTGAGE ASSOCIATION") : COURT OF COMMON PLEAS vs. CANDACE E. PICKER : CIVIL DIVISION A/K/A CANDACE E. SHULTZ KENNETH R. SHULTZ,JR : No. 13-82-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on (-0) •o By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 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 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 279615 FANNIE MAE("FEDERAL NATIONAL COURT OF COMMON PLEAS MORTGAGE ASSOCIATION") CIVIL DIVISION Plaintiff v. NO. 13-82-CIVIL CANDACE E.PICKER A/K/A CANDACE E.SHULTZ CUMBERLAND COUNTY KENNETH R.SHULTZ,JR Defendant(s) TO: KENNETH R. SHULTZ,JR 126 WILLOW VIEW DRIVE CARLISLE,PA 17013-8479 DATE OF NOTICE: Cr,/u'q , THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 J_ By: it di,- J athan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#279615 FANNIE MAE("FEDERAL NATIONAL COURT OF COMMON PLEAS MORTGAGE ASSOCIATION") CIVIL DIVISION Plaintiff v. NO. 13-82-CIVIL CANDACE E.PICKER A/KJA CANDACE E.SHULTZ CUMBERLAND COUNTY KENNETH R.SHULTZ,JR Defendant(s) TO: KENNETH R. SHULTZ,JR 186 1ST STS FORT MILL,SC 29708-9391 DATE OF NOTICE: ( ( 3 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6I95 CARLISLE,PA 17013 (717)249-3166 By: L . nathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#279615 FAN•IE MAE("FEDERAL NATIONAL COURT OF COMMON PLEAS MORTGAGE ASSOCIATION") CIVIL DIVISION Plaintiff v. NO. 13-82-CIVIL CANDACE E.PICKER A/K/A CANDACE E.SHULTZ CUMBERLAND COUNTY KENNETH R.SHULTZ,JR Defendant(s) TO: CANDACE E.PICKER A/K/A CANDACE E.SHULTZ 126 WILLOW VIEW DRIVE CARLISLE,PA 17013-8479 DATE OF NOTICE: 67 (jqji3 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFHCE 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 OPFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: f1, Jo t tan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#279615 • FANNIE MAE("FEDERAL NATIONAL COURT OF COMMON PLEAS MORTGAGE ASSOCIATION") CIVIL DIVISION Plaintiff v. NO. 13-82-CIVIL CANDACE E.PICKER A/K/A CANDACE E.SHULTZ CUMBERLAND COUNTY KENNETH R.SHULTZ,JR Defendant(s) TO: CANDACE E.PICKER A/K/A CANDACE E.SHULTZ 186 1ST STS FORT MILL,SC 29708-9391 DATE OF NOTICE: .( 1 113 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: Jo $411 an Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan IIallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#279615 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION") COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION CANDACE E.PICKER A/K/A CANDACE E.SHULTZ NO.: 13-82-CIVIL KENNETH R.SHULTZ,JR Defendant(s) A CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter:°- - Amount Due 197 810.50 Interest from 06/29/2013 to Date of Sale ($32.52 per diem) 5 170.68 �r k TOTAL $202.981.18 Phelan Hallinan,LL Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. C-)� PHS#279615 =M � cn r-" O o --i c � o-•n Q =� v vy 1` %16, ;%J 0 3. 7s << � . Tv IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff V. CANDACE E.PICKER A/K/A CANDACE E. SHULTZ KENNETH R.SHULTZ,JR Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: Address where papers may be served: w !�M CANDACE E.PICKER A/K/A CANDACE E.SHULTZ Phelan Hallinan,LLP 186 1ST ST S Adam H.Davis,Esq.,Id.No.203034 FORT MILL,SC 29708-9391 Attorney for Plaintiff KENNETH R.SHULTZ,JR 186 1ST ST S • FORT MILL,SC 29708-9391 r LEGAL DESCRIPTION ALL THAT CERTAIN tract of land,together with the improvements thereon located,situate in Middlesex Township,Cumberland County,Pennsylvania,known as Lot No.5 of the'Cloverleaf Subdivision Plan' recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 48,Page 22,more particularly described as follows: BEGINNING at a point on the southerly side of Willow View Drive(erroneously referred to as Avenue in previous deeds),said point being the northeast corner of Lot No.4 shown on the hereinafter mentioned subdivision plan;thence North 55 degrees, 15 minutes East along the southerly side of Willow View Drive (erroneously referred to as Avenue in previous deeds),a distance of 100.00 feet to a point at the northwestern corner of Lot No.6 as shown on the hereinafter mentioned subdivision plan;thence South 34 degrees 45 minutes East along Lot No.6 a distance of 140.00 feet to a point; thence South 55 degrees, 15 minutes West a distance of 100.00 feet to a point at the southeastern corner of Lot No.4 as shown on the hereinafter mentioned subdivision plan;thence North 34 degrees,45 minutes West along Lot No.4 a distance of 140.00 feet to a point on the southern side of Willow View Drive(erroneously referred to as Avenue in previous deeds),being the point and place of BEGINNING. BEING all of Lot No.5 of the'Cloverleaf Subdivision Plan',which plan is recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 48 at Page 22. TITLE TO SAID PREMISES IS VESTED IN Kenneth R. Shultz, a single man and Candace E. Picker, a single woman,joint tenants with the right of survivorship, by Deed from Jeffrey Connacher and Angela Connacher, h/w, dated 12/12/2006,recorded 12/13/2006 in Book 277, Page 4836. PREMISES BEING: 126 WILLOW VIEW DRIVE,CARLISLE,PA 17013-8479 PARCEL NO.21-18-1363-043A PHELAN HALLINAN, LLP �� L h'RO 11iONOTA Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 20J3 JUN 2� Ali 10: 24 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY 215-563-7000 PENNSYLVANIA FANNIE MAE("FEDERAL NATIONAL MORTGAGE COURT OF COMMON PLEAS ASSOCIATION") Plaintiff CIVIL DIVISION V. NO.: 13-82-CIVIL CANDACE E. PICKER A/K/A CANDACE E. SHULTZ KENNETH R. SHULTZ,JR CUMBERLAND COUNTY Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: /��"✓ G�w Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff. 7 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE COURT OF COMMON PLEAS ASSOCIATION") Plaintiff CIVIL DIVISION V. NO.: 13-82-CIVIL CANDACE E. PICKER A/K/A CANDACE E. SHULTZ KENNETH R. SHULTZ,A CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION"),Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 126 WILLOW VIEW DRIVE,CARLISLE,PA 17013-8479. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) CANDACE E.PICKER 1861ST ST S, A/K/A CANDACE E.SHULTZ FORT MILL,SC 29708-9391 KENNETH R.SHULTZ,JR 1861ST ST S, FORT MILL,SC 29708-9391 %%:5-t 2. Name and address of Defendant(s)in the judgment:{ Name Address(if address cannot be reasonably ascertained,please so indicate) y C) fl s' CANDACE E.PICKER 1861ST ST S A/K/A CANDACE E.SHULTZ FORT MILL,SC 29708-9391 KENNETH R.SHULTZ,A 1861ST ST S FORT MILL,SC 29708-9391 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) CAPITAL ONE BANK PO BOX 30285 SALT LAKE CITY,UT 84130-0285 CAPITAL ONE BANK 15000 CAPITAL ONE DRIVE RICHMOND,VA 23238 CAPITAL ONE BANK 1680 CAPITAL ONE DRIVE MCLEAN,VA 22102 CAPITAL ONE BANK 400 MARKET STREET 6TH FLOOR PHILADELPHIA,PA 1.9106 CAPITAL ONE BANK HAYT,HAYT&LANDAU,LLC C/O ARTHUR LASHIN,ESQUIRE 123 S BROAD ST STE 1660 PHILADELPHIA,PA 19109 PHS #27961.5 -4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) MIDDLESEX TOWNSHIP MUNICIPAL 44 WEST MAIN STREET AUTHORITY MECHANICSBURG,PA 17055 C/O KEITH O.BRENNEMAN,ESQUIRE MIDDLESEX TOWNSHIP MUNICIPAL 350 NORTH MIDDLESEX ROAD AUTHORITY SUITE 2 CARLISLE,PA 17013 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 126 WILLOW VIEW DRIVE CARLISLE,PA 17013-8479 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: By: / V Ut/�►�' Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PHS #27961.5 z FANNIE MAE ("FEDERAL NATIONAL MORTGAGE COURT OF COMMON PLEAS ASSOCIATION") CIVIL DIVISION Plaintiff : : NO.: 13-82-CIVIL VS. CANDACE E. PICKER A/K/A CANDACE E. SHULTZ CUMBERLAND COUNTY KENNETH R. SHULTZ,A Defendant(s) z NOTICE OF SHERIFF'S SALE OF REAL PROPERTY n r" C-- TO: CANDACE E. PICKER --' A/K/A CANDACE E. SHULTZ KENNETH R. SHULTZ,A C: 1861ST ST S '"� FORT MILL,SC 29708-9391 - "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 126 WILLOW VIEW DRIVE, CARLISLE,PA 17013-8479 is scheduled to be sold at the Sheriff's Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$197,810.50 obtained by FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 31.29.3. 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. ff 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land,together with the improvements thereon located,situate in Middlesex Township,Cumberland County,Pennsylvania,known as Lot No.5 of the'Cloverleaf Subdivision Plan' recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 48,Page 22,more particularly described as follows: BEGINNING at a point on the southerly side of Willow View Drive(erroneously referred to as Avenue in previous deeds),said point being the northeast corner of Lot No.4 shown on the hereinafter mentioned subdivision plan;thence North 55 degrees, 15 minutes East along the southerly side of Willow View Drive (erroneously referred to as Avenue in previous deeds),a distance of 100.00 feet to a point at the northwestern corner of Lot No.6 as shown on the hereinafter mentioned subdivision plan;thence South 34 degrees 45 minutes East along Lot No.6 a distance of 140.00 feet to a point;thence South 55 degrees, 1.5 minutes West a distance of 100.00 feet to a point at the southeastern corner of Lot No.4 as shown on the hereinafter mentioned subdivision plan;thence North 34 degrees,45 minutes West along Lot No.4 a distance of 1.40.00 feet to a point on the southern side of Willow View Drive(erroneously referred to as Avenue in previous deeds),being the point and place of BEGINNING. BEING all of Lot No.5 of the'Cloverleaf Subdivision Plan',which plan is recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 48 at Page 22. TITLE TO SAID PREMISES IS VESTED IN Kenneth R. Shultz, a single man and Candace E. Picker, a single woman,joint tenants with the right of survivorship, by Deed from Jeffrey Connacher and Angela Connacher, h/w, dated 12/1.2/2006,recorded 12/13/2006 in Book 277, Page 4836. PREMISES BEING: 126 WILLOW VIEW DRIVE,CARLISLE,PA 17013-8479 PARCEL NO.21-18-1363-043A SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-82-CIVIL FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") V. CANDACE E. PICKER A/K/A CANDACE E. SHULTZ KENNETH R. SHULTZ,JR owner(s) of property situate in the TOWNSHIP OF MIDDLESEX, CUMBERLAND County, Pennsylvania, being 126 WILLOW VIEW DRIVE, CARLISLE,PA 17013-8479 Parcel No. 21-18-1363-043A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $197,810.50 Attorneys for Plaintiff Phelan Hallinan, LLP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-82 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION")Plaintiff(s) From CANDACE E.PICKER A/K/A CANDACE E. SHULTZ,KENNETH R. SHULTZ,JR. (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: $197,810.50 L.L.: $.50 Interest FROM 6/29/2013 TO DATE OF SALE($32.52 PER DIEM)-$5,170.68 Atty's Comm: Due Prothy: $2.25 Atty Paid:$220.95 Other Costs: Plaintiff Paid: ,Date: 6/27/13 1 David D.Buell,Prothonotary (Seal) C Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,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.203034 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION") PH#773447 DEFENDANT SERVICE TEAM/lxh CANDACE E.PICKER A/K/A CANDACE E.SHULTZ COURT NO.:13-82-CIVIL KENNETH R.SHULTZ,JR SERVE CANDACE E.PICKER A/K/A CANDACE E.SHULTZ AT: TYPE OF ACTION 1861ST ST S XX Mortgage Foreclosure FORT MILL,SC 29708-9391 XX Civil Action SERVED Served and made known to CANDACE E.PICKER A/K/A CANDACE E.SHULTZ,Defendant on the i i— day of�y)y 20 clock?M.,at 121, b 3f. 9oi t rrt Al&,in the manner described below: ,Aefendant personally served. Sc dult family member with whom Defend a t(s)reside(s . Relationshipis�jw LaN �CNNK- , 3&jj1Z1 'r _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 I qq Height Weight _2)( Race j&L Sex_t!j__Other I, Ldcew 24AIAn,a competent adult,being duly sworn according to law,depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated MMY Ht1 �o Sworn to and sukscribed ♦ .°••••"•y"7 before me this a5 day ��♦ �P�Y P&S• Of _ i Commission — Notary: Ia '`2)qqG0 By:° Expires QU %,��.a02/iG/2oi5°.s�M SERVED On the day of �� •°'•at••••'•° > 1(yc�lc_M.,I, ,a competent adult hereby state that a endant NOT FOUND b ,A CAPS��♦ _ Vacant _Does Not Exist�JI11111��Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of By: , Notary: ATTORNEY FOR PLAINTIFF ice.,-.,03 :P" Phelan Hallinan,LLP C= 1617 JFK Boulevard,Suite 1400 t— t One Penn Center Plaza 4,y D Philadelphia,PA 19103 t: (215)563-7000 = == CD �>L") —X =CD C.:) C= ---1 art AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION") PH#773447 DEFENDANT SERVICE TEAM/Ixh CANDACE E.PICKER A/K/A CANDACE E.SHULTZ COURT NO.:13.82-CIVIL KENNETH R.SHULTZ,JR SERVE KENNETH R.SHULTZ,JR AT: TYPE OF ACTION 1861ST ST S XX Mortgage Foreclosure FORT MILL,SC 29708-9391 XX Civil Action SERVED Served and made known to KENNETH R.S JR,Defendant on the,'•0 day of yI d JSj 20 at ; o'clock M.,at 9 th g2 sr 'Z,in the manner described below. c _Defendant personally served. �[Adult family membe ith whom Defendant(s)res de(s). + • rrl Relationship is h3u3er . KEntNGu, R. ��+v1EZ t 3r. G r� , _Adult in charge of Defendant's residence who refused to give name or relationship. ccf) r"' _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: = r= ., --f Description: Age� 4 Height A-10 Weight 21a Race� Sex M Other ? I, fr�l >�R I'I-;Ln a competent adult,being duly sworn according to law,depose and state that I personally handed a true and correct copy of the Notice of SherifEs,Sale in the manner as set forth herein,issued in the captioned case on the date and at the add ltlrl "above. � Sworn to and subscribed� Q�,•R O of f o e me s 20 •• �P Y P e`•: •Z Commission0 2 • Expires S Notary -�:02/io/2015 e..T c °° •••••• � `� NOT SERVED On the dayy of ° �/ ` o'clock_.M.,I, ,a competent adult hereby state the OT Fl /t Vacant —Does Not xist _Moved _Does Not Reside(Not Vacant) No Answer on at at _Service Refused Other: Sworn to and subscribed before me this day of By: Notary: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 flLE -t0F i IQ OF THE PROTU0 uT A f Phelan Hallinan, LLP 13 cc: it 9' °I Allison F. Zuckerman, Esq., Id. No.30'y�519 'q,.1/TORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMUM_Atip COUPT I One Penn Center Plaza PEAT? SYLV '�lA Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL : Court of Common Pleas MORTGAGE ASSOCIATION") Plaintiff • Civil Division v. CUMBERLAND County CANDACE E. PICKER • No.: 13-82-CIVIL A/K/A CANDACE E. SHULTZ KENNETH R. SHULTZ, JR Defendants 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 January 4, 2013. 2. Judgment was entered on June 27, 2013 in the amount of$197,810.50. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint,i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 4, 2013. 773447 5. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $158,439.79 Interest Through December 4, 2013 $37,276.76 Legal fees $1,300.00 Cost of Suit and Title $1,840.50 Property Inspections $658.50 Property Preservation $2,865.00 Mortgage Insurance Premium/Private Mortgage Insurance $2,805.00 Escrow Deficit $12,346.37 Suspense/Misc. Credits ($670.15) TOTAL $216,861.77 6. Plaintiff paid the following in taxes and insurance during the time the loan was in default: 11/1/2010 ESCROW BALANCE $1,233.13 11/24/2010 HOMEOWNERS INSURANCE $420.00 2/22/2011 HAZARD INSURANCE $884.52 4/19/2011 CITY TAX $472.68 6/28/2011 HAZARD INSURANCE $887.55 8/26/2011 SCHOOL TAX $1,331.17 9/27/2011 SCHOOL TAX ($1,331.17) 12/8/2011 SCHOOL TAX $1,331.17 12/29/2011 HAZARD INSURANCE $886.90 1/11/2012 SCHOOL TAX ($1,331.17) 3/16/2012 COUNTY TAX $1,358.40 4/12/2012 CITY TAX $507.16 6/27/2012 HAZARD INSURANCE $889.33 8/14/2012 SCHOOL TAX $1,353.69 12/27/2012 HAZARD INSURANCE $776.17 4/17/2013 CITY TAX $542.72 6/27/2013 HAZARD INSURANCE $780.43 8/21/2013 SCHOOL TAX $1,353.69 TOTAL $12,346.37 773447 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 Defendants. 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 October 2, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit `B". 11. No judge has previously entered a ruling in this case. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan LP DATE: e � � p B yAl Zuc, rman, Esquire ATTORNE FOR PLAINTIFF 773447 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL : Court of Common Pleas MORTGAGE ASSOCIATION") • Plaintiff Civil Division v. : CUMBERLAND County CANDACE E. PICKER : No.: 13-82-CIVIL A/K/A CANDACE E. SHULTZ • KENNETH R. SHULTZ, JR Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE CANDACE E. PICKER A/K/A CANDACE E. SHULTZ and KENNETH R. SHULTZ,JR 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 126 WILLOW VIEW DRIVE, CARLISLE, PA 17013-8479. 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,Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be 773447 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22,24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. 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 day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v.Altoona Trust Co., 332 Pa. 545,2 A.2d 773447 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276(1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 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 773447 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs 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. 773447 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 773447 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 Sheriffs sale date, as their interests will be divested by the Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 773447 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. 773447 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. Phelan Hallinan,LLP DATE: /4/VP B • llison .Zuc -rman, Esquire Attorney or Plaintiff 773447 Exhibit "A" 773447 V LE 3-OFFLCE Of THE PROTHONOTARY PHELAN HALLIINAN,LLP 2013 JUN 27 AM 10' 22 Attorney for Plaintiff Adam H.Davis,Esq.,Id. No.203034 CUMBERLAND COUNTY 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FANNIE MAE("FEDERAL NATIONAL : CUMBERLAND COUNTY MORTGAGE ASSOCIATION") : COURT OF COMMON PLEAS vs. : CIVIL DIVISION CANDACE E.PICKER A/K/A CANDACE E.SHUL � No.13-82-CIVIL KENNETH R.SHULTZ,JR. Rein A 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 CANDACE E.PICKER A/KJA CANDACE E.SHULTZ and KENNETH R.SHULTZ.JR,Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged preliktomefflarediptiff s damages as follows: Return As set forth in Complaiinf t"R 1 $197,810.50 TOTAL $197,810.50 I hereby certify that(1)the Defendants'last known addresses are 186 1ST ST S,FORT MILL,SC 29708-9391 and 126 WILLOW VIEW DRIVE,CARLISLE,PA 17013-8479,and(2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date I/ 21/A? J/� ' ,C Malay Centdam H.Davis,Esq.,Id.No.203034 PIM i Attorney or Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: tl/d7/7. ,e. .b • PHS a 279615 PROTHONOTARY 279615 • Exhibit "B" 773447 • • 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 October 2,2013 CANDACE E.PICKER A/K/A CANDACE E. SHULTZ KENNETH R. SHULTZ,JR 186 1ST ST S FORT MILL, SC 29708-9391 RE: FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION")v. CANDACE E.PICKER,A/K/A CANDACE E. SHULTZ and KENNETH R. SHULTZ, JR Premises Address: 126 WILLOW VIEW DRIVE CARLISLE, PA 17013 CUMBERLAND County CCP,No. 13-82-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order.In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days,by 10/8/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, Allisot erman,Esq.,I. ' .o.309519 Attorney for Pia ' fl Enclosure 773447 • Name and Phelan Haliinan,LLP a Address 1111110 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plaza i Q Philadelphia,PA 19103 KVM I 40f Line Article Number Name of Addressee,Street,and Post Office Address Postage 1 ***• CANDACE..PICKER $0.46 t o KENNETH R SHULTZ,JII NOO 1861ST STS PORT MILL,SC 29708-9391 2 •*** CANDACE E.PICKER $0.46 4' �,r� KENNETH R.SHULTZ,JR *-h £i_., 126 WILLOW VIEW DRIVE "+" { CARLISLE,PA 170134479 At' {,�x RE:CANDACE E.PICKER A/K/A CANDACE E.SHULTZ(CUMBERLAND) PH 4 773447/1200 5(1.92 : t Page 1 of 1 Taal Number of Toni Mabee of Picots Postmaster,Per(Name or The roil dalmatian orvdoe b required on oil domestic and lmerimional regRaed "+•d Plana Listed by Sender Receded a Putt Office Reetaiu$Employee) roc the antaittrumian of tiainegotiabla da tarmat8 under Express Mall doewnent r••-••- piece ntbjea to s Emit<K5504.000 Pet oeva re a.The tat+mu■indemnity payable an - s '` The to xiuwu indemnity teyebie is$2.5.000 tot metaled mail.sea with 000,10 i '4s , tl _ R9p(1 S913and 5921 fat Mail/lions dlmw 4 rage, °",. �� Form 3877 Facsimile { i � I 773447 - 1 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id.No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 alison.zuckerman@phelanhallinan.com 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL • Court of Common Pleas • MORTGAGE ASSOCIATION") Plaintiff • Civil Division • v. • CUMBERLAND County • CANDACE E. PICKER • No.: 13-82-CIVIL A/K/A CANDACE E. SHULTZ KENNETH R. SHULTZ, JR Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. CANDACE E. PICKER CANDACE E. PICKER A/K/A CANDACE E. SHULTZ A/K/A CANDACE E. SHULTZ KENNETH R. SHULTZ, JR KENNETH R. SHULTZ, JR 186 1ST ST S 126 WILLOW VIEW DRIVE FORT MILL, SC 29708-9391 CARLISLE,PA 17013-8479 Phelan Hall'I-.• DATE: � '" / • Allison F. erman, Esquire ATT• '.I EY FOR PLAINTIFF 773447 s• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FANNIE MAE ("FEDERAL NATIONAL : Court of Common Pleas MORTGAGE ASSOCIATION") • Plaintiff Civil Division v. • CUMBERLAND County CANDACE E. PICKER • No.: 13-82-CIVIL A/K/A CANDACE E. SHULTZ • KENNETH R. SHULTZ, JR Defendants RULE AND NOW, this / -- day of 013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to 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. ? -+ cn ,,._. r- < 773447 Allison F.Zuckerman, Esq.,Id.No.309519 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215) 563-3459 ......„eANDACE E. PICKER /CANDACE E. PICKER A/K/A CANDACE E. SHULTZ A/K/A CANDACE E. SHULTZ KENNETH R. SHULTZ, JR KENNETH R. SHULTZ, JR 186 1ST ST S 126 WILLOW VIEW DRIVE FORT MILL, SC 29708-9391 CARLISLE, PA 17013-8479 ett(Cc i /6//40/1-3 773447 773447 air "A HE. PROTHONOTARY 2013 OCT 24 AM 9- 52 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL Court of Common Pleas MORTGAGE ASSOCIATION") Plaintiff Civil Division vs. CUMBERLAND County CANDACE E. PICKER A/K/A CANDACE E. SHULTZ No.: 13-82-CIVIL KENNETH R. SHULTZ, JR Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 16, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. CANDACE E. PICKER CANDACE E. PICKER A/K/A CANDACE E. SHULTZ A/K/A CANDACE E. SHULTZ KENNETH R. SHULTZ, JR KENNETH R. SHULTZ, JR 186 1ST ST S 126 WILLOW VIEW DRIVE FORT MILL, SC 29708-9391 CARLISLE, PA 17013-8479 Phelan Hallina DATE: By: •son F. Zug sq., Id.No.309519 . Attorney for Plaintiff 773447 I • i [J.Ei 45b1 {CL n ,.i` t:i E (C O I H I 11 TA R PHELAN HALLINAN,LLP Attorney£bri) l itif€-8 Ail 10: 2 1 John Michael Kolesnik,Esq.,Id.No.308877 1617 JFK Boulevard, Suite 1400 CUMBERLAND ND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA FANNIE MAE("FEDERAL NATIONAL CUMBERLAND COUNTY MORTGAGE ASSOCIATION") Plaintiff, COURT OF COMMON PLEAS • v. CIVIL DIVISION • CANDACE E.PICKER A/K/A CANDACE E. No.: 13-82-CIVIL SHULTZ KENNETH R.SHULTZ,JR Defendant(s) 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 iie Receipt stamped by the U.S.Postal Service is attached her• of 0 i it"A". Joh ilc ael Kolesnik,Esq.,Id.No.308877 / A rney for Plaintiff Date: Oil 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. PH#773447 0 & .� z; o v m v a to a w N : 0 1 a rCg C C0S w g a 00 a a N v a -1 i • . • t • • • . n J a M 4 ! 1 Y * •• •• •• •• •• c 1, A UI! iii;''d g,v a .,Av>a ,.$ � -Pt- itk044°'� YOat y ttzro�A>�OZ ��"j,n� > +;flc C x a g� 4R.A;1 i ° �t tr.t7d tlYe a a 4 r gw4 "'] a.. ari30tt> td a Q' s„* g *t° 8 Q G 94 a ~spa v A � °v 0 r 9 s�' "' o R.3 'C �+ q Ty` Q. o I • •` I i 4 i i WI c f1 441 I y , '3IP El' $g N • N fa CA V'a 5c. A W itirt=g•S i V/ ;'. H 3 MI g,� R a 9421 ii:l; Iv d' a * e a 3 -§ K 1 a am e g. # Q P P P w H Q o o G o o 0 n O 3u }. A A O O C A A A A tr. 1a a A ? A ,A A .�. - C U w U to U U U U U U U VI ¢ . 1 [UI Lk N '', • §-o 4— * t � U.S.POSTAGE}}PtzNEYBOWES qq . , saw.'.4 •:-.�" _ �?� 2 103 006 �}0 030381'191 OCT 25. 2013 __ ■ '3tH°'¢ 15 HII• 20 C"I*.I ERLA D CDI NT ( PENNSYLVANIA Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL • Court of Common Pleas MORTGAGE ASSOCIATION") • Plaintiff • Civil Division vs. • CUMBERLAND County CANDACE E. PICKER • No.: 13-82-CIVIL A/K/A CANDACE E. SHULTZ KENNETH R. SHULTZ, JR Defendants MOTION TO MAKE RULE ABSOLUTE FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION"), by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 11, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on October 2, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the 773447 Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued on October 16, 2013 directing the Defendants to show cause by November 5, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on October 23, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of November 5, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Phelan Hallinan, LLP DATE: I1//t//3 By: John D. Kr , Esq., Id.No.312244 Attorney for Plaintiff 773447 Exhibit "A" 773447 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 October 2,2013 CANDACE E.PICKER A/K/A CANDACE E. SHULTZ KENNETH R. SHULTZ, JR 186 1ST STS FORT MILL, SC 29708-9391 RE: FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION")v. CANDACE E.PICKER,A/K/A CANDACE E. SHULTZ and KENNETH R. SHULTZ, JR Premises Address: 126 WILLOW VIEW DRIVE CARLISLE,PA 17013 CUMBERLAND County CCP,No. 13-82-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 10/8/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. 0000.p. Apo Very truly yours, All s°r. F erman,Esq., I0 o.309519 Attorney for Pia '.ill Enclosure 773447 ! Name and Phelan Hallman,LLP Address 1617 JFK Boulevard,Suite 1400 N" Of Sender One Penn Center Plaza S '- Philadelphia,PA 19103 KVM I 4. Line Article Number 'Name ot:Ad xnd Post 011101 Address Postage a 1 •••• CANDACE E.PICKER $0.46 KENNETH R,SHULTZ,JR to ,�, `�-"to 18151ST STS r++ Nqo° FORT MILLLSC 29708-9391 2 ••*• CANDACE E."PICKER 50.46 . 1'4.0 KENNE M R.SHULTZ,JR "3 z 126 WILLOW VIEW DRIVE =Y„4.,i' , CARLISLE,PA 170134479 '..,.' :t °4 RE:CANDACE E.PICKER AIKIA CANDACE E.SHULTZ(CUMBERLAND) PH if 77344711200 50.92 Page 1of1 Total th mtc or Td&d NunPomr or Boas .—.._ P,rnawn,Pa(N»o? The lull doclu■lafi orvaluo it rege✓n:4i es attloowNc and iatarustom.lragistand .. . `y7�' 'd� Place,Lined by Sand* Ri00iVtd al Pon Orrice R Ymt Empbyee) fa .rood iM of skscumesu B*P( MI 4%10011 •• - . 7 ipwcpaktacs I.Suit.0f$304,0,00 ier rnoexc. maximum indenniy• • on. r 1°� Dif1 i maye ie3 eosior rtemasd mai I.wt wsh optional _WSJ 614. 89003913 and set ragmen':eedeovvabc •.4\ W�n�� I Form 3877 Facsimile 7 ' 77344.7 Exhibit "B" 773447 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FANNIE MAE ("FEDERAL NATIONAL Court of Common Pleas MORTGAGE ASSOCIATION") • Plaintiff Civil Division v, CUMBERLAND County CANDACE E. PICKER : No.: 13-82-CIVIL A/K/A CANDACE E. SHULTZ • KENNETH R. SHULTZ, JR Defendants RULE AND NOW,this day a. 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to 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 9._.. . , 773447 Allison F. Zuckerman,Esq., Id.No.309519 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 CANDACE E. PICKER CA.NI.)ACE E. PICKER AJKIA CANDACE E. SHULTZ A/K/A CANDACE E. SHULTZ KENNETH R. SHULTZ. JR KENNETH R. SI-ULT.Z, JR 186 1ST ST S 126 WILLOW VIEW DRIVE FORT MILL, SC 29708-9391 CARLISLE, PA 17013-8479 773447 ;734.4; . . . . t'. Lti-;.:i FIC. , f IIE PROTH0407Acc, 2013 OCT 214 AM 9: 53 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 FANNIE MAE("FEDERAL NATIONAL . . Court of Common Pleas MORTGAGE ASSOCIATION") ° . Plaintiff : Civil Division ttilSO vs. . CUMBEI4 AND County CANDACE E. PICKER . A/K/A CANDACE E. SHULTZ . No.: 13-82-CIVIL KENNETH R. SHULTZ, JR , WY' Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 16, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. CANDACE E. PICKER CANDACE E. PICKER A/K/A CANDACE E. SHULTZ A/K/A CANDACE E. SHULTZ KENNETH R. SHULTZ, JR KENNETH R. SHULTZ, JR 186 1ST ST S 126 WILLOW VIEW DRIVE FORT MILL, SC 29708-9391 CARLISLE,PA 17013-8479 Phelan I lallint. .wride ..... DATE: kr Ir ----- 4101' By: / .°.on F. fu'Itvrnjo ,sq.,Id.No.309519 . Attorney for Plaintiff 773447 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL • Court of Common Pleas • MORTGAGE ASSOCIATION") Plaintiff • Civil Division • vs. • CUMBERLAND County • CANDACE E. PICKER A/K/A CANDACE E. SHULTZ • No.: 13-82-CIVIL KENNETH R. SHULTZ, JR Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. CANDACE E. PICKER CANDACE E. PICKER AIKIA CANDACE E. SHULTZ A/K/A CANDACE E. SHULTZ KENNETH R. SHULTZ, JR KENNETH R. SHULTZ, JR 186 1ST ST S 126 WILLOW VIEW DRIVE FORT MILL, SC 29708-9391 CARLISLE, PA 17013-8479 Phelan Halli , LLP DATE: By: John D. Kr , sq., Id.No.312244 Attorney for Plaintiff 773447 0F TH E FIR 0T H 0N 0 T R 2013 NOY 19 A N 0. 18 CUMERLANC C01"JI QTY P56'SYLVAHIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA FANNIE MAE ("FEDERAL NATIONAL Court of Common Pleas MORTGAGE ASSOCIATION") Plaintiff Civil Division VS. CUMBERLAND County CANDACE E. PICKER No.: 13-82-CIVIL A/K/A CANDACE E. SHULTZ KENNETH R. SHULTZ, JR Defendants ORDER AND NOW, this/fla, day of Ad7,c 013, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $158,439.79 Interest Through December 4, 2013 $37,276.76 Legal fees $1,300.00 Cost of Suit and Title $1,840.50 Property Inspections $658.50 Property Preservation $2,865.00 Mortgage Insurance Premium/Private Mortgage Insurance $2,805.00 Escrow Deficit $12,346.37 Suspense/Misc. Credits ($670.15) 773447 TOTAL $216,861.77 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: J. COP,*FMS' M,,-A Ili 773447 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY f= iLcl 701:01A0 11' OFFICE OF THE aD :1 i�A 1C1 U ��S�LVF� Fannie Mae vs. Case Number Kenneth Shultz, Jr (et al.) 2013 -82 SHERIFF'S RETURN OF SERVICE 09/25/2013 11:54 AM - Deputy Jamie DiMartle, 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 126 Willow View Drive, Middlesex - Township, Carlisle, PA 17013, Cumberland County. 12/02/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/5/2014 02/05/2014 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, Cumberland County PA on February 05, 2014 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Attorney Joseph Schalk on behalf of Federal National Mortgage Association ( "Fannie Mae "), a Corporation Organized and Existing Under the Laws of The United States of America, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $841.02 March 25, 2014 (c) Couri,ysu::a 61 < aesctt. ir. SO ANSWERS, RONNY R ANDERSON, SHERIFF -2-as pa sv /`#3©9)99' On September 9, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA, Known and numbered as, 126 Willow View Drive Carlisle, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: September 9, 2013 By: Real Estate Coordinator C O ,7 fi LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2013 -82 Civil Term FANNIE MAE vs. KENNETH SHULTZ, JR., Candace Picker a /k /a Candace E. Shultz Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13 -82- CIVIL, FANNIE MAE ( "FED- ERAL NATIONAL MORTGAGE ASSO- CIATION ") v. CANDACE E. PICKER a /k /a CANDACE E. SHULTZ, KEN- NETH R. SHULTZ, JR. owner(s) of property situate in the TOWNSHIP OF MIDDLESEX, CUMBERLAND County, Pennsylvania, being 126 WILLOW VIEW DRIVE, CARLISLE, PA 17013 -8479. Parcel No. 21 -18- 1363 -043A. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $197,810.50. 110 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: October 11, October 18 and October 25, 2013 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. isa Marie Coyne, EEditor SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 <.�.i d/ A Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. `7O20 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717- 255 -8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the PatriotXews 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. 2013 -82 Chrll Term FANNIE MAE vs. KENNETH SHULTZ, JR Candace Picker a/k/a Candace E. Shultz Atty: Joseph Schalk By virtue of a Writ of Execution No. 13-82-CIVIL FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION ") v. CANDACE E. PICKER A/K/A CANDACE E. SHULTZ KENNETH R. SHULTZ, JR owner(s) of property - situate in the TOWNSHIP OF MIDDLESEX, CUMBERLAND County, Pennsylvania, being 126 WILLOW VIEW DRIVE, CARLISLE, PA 17013 -8479 Parcel No. 21- 18- 1363 -043A (Acreage or.street address) Improvements thereon: RESIDENTIAL, DWELLING Judgment Amount: $197,810.50 This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27113 Sworn to and subscribed before this 11 day of November, 2013 A.D. ry ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission E 'fires 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 Candace E Picker aka Candace E Shultz and Kenneth R Shultz Jr is the grantee the same having been sold to said grantee on the 5th day of February A.D., 2014, under and by virtue of a writ Execution issued on the 27th day of June, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 82, at the suit of Fannie Mae (Federal Natl Mtg Assoc) against Candace E Picker aka Candace E Shultz & Kenneth R Shultz Jr is duly recorded as Instrument Number 201408343. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this dY , A.D. 02 OI day of Recorder of Deeds Cumberland County, Carlisle, PA ission Expires the First Monday of Jan. 2018