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HomeMy WebLinkAbout13-1133r ~ FIL~~3-~F1' IC~~~R °~~ Qt= TNT Pt~UTi~aND tr-t, t 2013 MAR -1 AM itJ ~ t~ 9 CUMI3ERL~-~~ AN A T'~ PEt~NS1lL PHELAN HALLINAN. LLP Allison F. Zuckernkan, Esq., Id. No. X09519 161 i ,TFK Boule~u~d. Suite 1400 One Peml Center Plaz~~ Pluladelplua. PA 1910 1;.s6-~na) F'IF'TH THIRD MORTGAGE COI~B'ANY 5001 KINGSLEY DRIVE MD 1MOB-BW C'L!~'CINNATI, OH ~452?7 Plaintiff v. CLAUDINE KELLER 1073 GRAHAMS WOOD ROAD NEWVII.LE, PA 17?41-9780 Defendant ATTORNEY FOR PLAINTIFF COURT' OF COMMON PLEAS CIVIL DIVISION TERM // NO. l3 - 113 3 ~ tc~ c l,~ ~~ CUMBERLAND COLTNT'~i' CIVIL ACTION ~ LAW COMPLAINT IN MORTGAGE FORECLOSLIRE ~ ova . ^rs -~~LK~,(y e6C~ /ad //~ 3 -~*~ ~ 97/3 File -: 3144.53 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 aze 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 aze wazned 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 #: 314458 1. Plaintiff is FIFTH THIRD MORTGAGE COMPANY 5001 kINGSLEY DRIVE MD 1 MOB-BVV CINCINNATI, OH 4.5227 ?. The name(s) and last known address(es) of the Defendant(s) are: CLALTDINE KELLER 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241-9780 who is/are the mortgagorts) and/or real owner(s) of the property hereinafter described. 3. On 08/04/2009 CLALTDINE KELLER and RONALD L. KELLER, SR made, executed and delivered a mortgage upon the premises herana.fter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Instnzment No. 200929951.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by referencein accordance with Pa.R.C.P. 1 Ol ~?(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 08/01/2012 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 «~ritten notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File =: 31=t-15S 6 The following amounts are due on the mortgage as of: Principal Balance $ 122,468.45 Interest to 03/01/13 $ 4,490.48 Pre-Accelerated Late Charges $ 86.91 Property Inspections $ 57.50 Property Preservation $982.46 Escrow Deficit $ 636.06 TOTAL $128,721.59 7 5 9 10 Plaintiff' isnot seeking a judgment of personal liability for anin personam judgment) against the Defendantf s) in the Action; however, Plaintiff reserves its right to bring a. separate Action to establish that right, if such right exists. If Defendant(s) hasihave received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania. Law. The mortgage premises are vacant and abandoned. ROIvTALD L. KELLER, SR was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of RONALD L. KELLER, SR's death on or about 0.5/08/2012, his ownership interest was automatically vested in the surviving tenant by the entirety. Plaintiff hereby releases RONALD L. KELLER, SR, from liability for the debt secured by the mortgage. File =: 314458 WHEREFORE, Plaintiff demands anin rem judgment against the Defendant(s)in the sum of $1?8,7? 1.~9, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the forecloazre and sale of the mortgaged property. By: PHELAN HA~TI)d'AN, LLP Alliy6n '. Zucker n, Esq., Id. No.309.519 Attorney for Plaintiff File -~ 31=145$ LEGAL DESCRIPTION ALL THAT CERTAIN tract of land and improvements thereon, situate in Lipper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNII~TG, at an iron pin in the centerline of the public road known as Grahams Woods Road (Township Road No. T-448), on the line of land now or formerly of Glenn Rickabaugh; thence along the latter, South 04 degrees 46 minutes 20 seconds East a distance of 338.00 feet to an existing stone; thence along the same, South 70 degrees 09 minutes 40 seconds West, a distance of 161.86 feet to an existing iron pipe; thence continuing along the same, North 64 degrees 58 minutes 54 seconds West, a distance of 220.99 feet to iron pin in the centerline of said public road; thence along the latter the following seven courses and distances (1) North 20 degrees 42 mirn.~tes 31 seconds East, a distance of 53.05 feet; (2) North 34 degrees 03 mimrtes 30 seconds East, a distance of 71.11 feet; (3) North .52 degrees 59 minutes 11 seconds East. a distance of 69.72 feet; (4}North _58 degrees 11 minutes 53 seconds East, a distance of 66.46 feet; (5) North 58 degrees 51 minutes 57 seconds East, a distance of 64.80 feet; (6) North S2 degrees 44 minutes ?? seconds East. a distance of 58.59 feet and (7) North 49 degrees 3minutes 36 seconds East, a distance of 67.64 feet to an iron pin in the centerline of said public road, the point and place of BEGINNING. CONTAINING 1.8338 acres according to a final subdivision plan for Melvin Chestnut, By Eric L. Diffenbaugh R.S. dated September 4, 1996, recorded in Plan Book 73, Page72, and being designated thereon as Lot No. 3. File = 31-4158 HAVING thereon erected a dwelling known and numbered as 107 Grahams WoodsRoad, Newville, Pennsylvania 17241. BEING Parcel Na. 43-03-OOb5-042 PROPERTY ADDRESS: 1073 GRAHAMS WOOD ROAD, NEWVILLE, PA 17241-9780 PARCEL # 43-03-0065-042 File = 31~-t~S VERIFICATION Jeff Brennan, hereby states that he/she is an Affidavit Analystof, FIFTH THIRD BANK, 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 tnie and correct to the best of his/her infonnation 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: Febiliar-v ~'b. 'O1 Name: KELLER Property : 1 U73 GRAHAMS WOOD ROAD NEWVILLE. PA 17?41-97Rt) Na~a'i~Teff Brennan e: Affidavit Analyst FIFTH THIRD BANIL Attorney File No.: PHS # 314458 FORM 1 FIFTH THIRD MORTGAGE COMPANY Plaintiff(s) vs. CLAUDINE KELLER Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1 ~. 1 civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not Gave a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no chazge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a fmancial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested fmancial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepaze and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable azguments with your lender before the mortgage foreclosure suit proceeds forwazd. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: ~3 Date A ison F. Zuckerman, Esq., Id. No.309519 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Yes ^ No ^ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: Mailing Address: City: Phone Numbers: State: Zip: Yes ^ No ^ Listing date: Price: $ Realtor Phone: How long? Home: Cell: Office: Other: State: Zip: Email: # of people in household: How long? First Mortgage Lender: _ Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Total Mortgage Payments Amount: $ Date of Last Payment: Included Taxes & Insurance: Primary Reason for Default: Is the loan in Bankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Year: Year: Other transportation (automobiles, boats, motorcvclesZ Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2° Mort a e Utilities Car Pa ens Condo/Nei .Fees Auto Insurance Med. not covered Auto fueUre airs Other ro . a ent Install. Loan Pa ent Cable TV Child Su ortJAlim. S endin Mone Da /Child Care/Tuit. Other Ex nses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ^ No ^ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ^ No ^ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ^ No ^ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: UWe, Phone: authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. UWe understand that Uwe am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY PL Ronny RAnderson - I-0FFf Sheriff C` " THE f)R0j-fj tt0TApi,, Jody s Smith ' 2'1'3 MAR 26 A-H Chief Deputy Richard W Stewart DL`VDE LAND COUNITY Solicitor OFFICE OF Tf4E ShERIFF PENNSYLVANIA Fifth Third Mortgage Company Case Number VS. Claudine Keller 2013-1133 SHERIFF'S RETURN OF SERVICE 03/13/2013 Sheriff Ronny R Anderson, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Claudine Keller, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 03/13/2013 Sheriff Ronny R Anderson, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Claudine Keller, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 03/25/2013 Ronny R Anderson, Sheriff, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Claudine Keller, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program&Complaint in Mortgage Foreclosure as"Not Found"at 1073 Grahams Wood Road, Upper Frankford, Newville, PA 17241. Residence is vacant.The Newville Postmaster has provided a forwarding address of 201 Penn Street,Apt. 201, Highspire, PA 17034. 03/25/2013 The requested Complaint in Mortgage Foreclosure served by the Sheriff of Dauphin County upon Claudine Keller, personally, at 201 Penn Street,Apartment 201, Highspire, PA 17034. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 03/25/2013 The requested Complaint in Mortgage Foreclosure returned by the Sheriff of Dauphin County,the within named Defendant Claudine Keller, not found Jack Lotwick,Sheriff, Return of Service attached to and made part of the within record. Defendant no longer resides at this address. SHERIFF COST: $69.46 SO ANSWERS, March 25, 2013 ROWY R ANDERSON, SHERIFF {cj Countysuite Sheriff,7eleosoft Inc. Aft 'jirt of :4 c J e f f Shelley Ruhl Jack Duignan Real Es a Deputy Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania FIFTH THIRD MORTGAGE COMPANY VS County of Dauphin CLAUDINE KELLER Sheriff s Return No. 2013-T-0843 OTHER COUNTY NO. 2013-1133 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for CLAUDINE KELLER the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, MARCH 19, 2013. DEFENDANT NO LONGER LIVES AT ADDRESS 318 RIM ROAD, ELIZABETHTOWN, PA 17022. Sworn and subscribed to So Answers, before me this 20TH day of March, 2013 D t' Sheri Dauphin 7Co , Pa. l� • By COMMONWEALTH OF PENNSYLVANIA Dep Sheriff NOTE ARIAL SEAL De : J MILLER Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sh ff s Costs: $68.5 3/18/2013 My Commission Expires August 17 2014 A&W-ttitit of the 'Sher V Shelle Ruhl .,. Jack Duignan Real Esta Deputy Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania FIFTH THIRD MORTGAGE COMPANY VS County of Dauphin CLAUDINE KELLER Sheriff s Return No. 2013-T-0843 OTHER COUNTY NO. 2013-1133 And now: MARCH 19, 2013 at 1:29:00 PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon CLAUDINE KELLER by personally handing to CLAUDINE KELLER 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 201 PENN STREET, APT. 201 HIGHSPIRE PA 17034 Sworn and subscribed to So Answers, before me this 20TH day of March, 2013 Sheri f if Dauphin Co , Pa. /'&'I'A COMMONWEALTH OF PENNSYLVANIA By Der� i NOTARIAL SEAL De ER Karen M.Hoffman,No tary Public City of Harrisburg,Dauphin County Sh $68.5 3/18/2013 MY Commission Expires August 17 2014 In the Court of Common Pleas of Cumberland County, Pennsylvania Fifth Third Mortgage Company No 13-1133 Civil Term vs CO Keller Claudine �- r-= OD C l! ," C'Z- W J PRAECIPE ' Please enter my appearance in this matter on behalf of Defendant, Claudine Keller. David D. Buell, Prothonotary -J�YS.'� 201 Attorney Info: Scott M.Dinner,Esquire- Sup.Ct.ID#53353 Attorney for Defendant 3117 Chestnut Street Camp Hill,PA 17011 717-761-5800 FILED-OFFICE OF THE PROTHONOTARY PHELAN HALLINAN, LLP Attorney for Plaintiff Justin F. Kobeski, Esq., Id. No.1000Y --2 AN 10: 32 1617 JFK Boulevard, Suite 14TUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 FIFTH THIRD MORTGAGE CUMBERLAND COUNTY COMPANY COURT OF COMMON PLEAS VS. CIVIL DIVISION CLAUDINE KELLER No. 13-1133 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 CLAUDINE KELLER, 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 $128,721.89 TOTAL $128,721.89 I hereby certify that(1) the Defendant's last known addresses are 201 PENN STREET, APARTMENT 201, HIGHSPIRE, PA 17034,1073 GRAHAMS WOOD ROAD, NEWVILLE, PA 17241-9780 and 3117 CHESTNUT STREETCAMP HILL,PA 17011 and(2) that notice has been given in-accordance with Rule Pa.R.C.P 237.1. Date 5 4/�/ Justi obeski, Esq., Id. No.200392 Att 3flainti DAMAGES ARE HEREBY ASSESSED AS INDICATED. C3DATE: PHS#314458 PROTHONOTARY 314458 a fAs!G.-So Cr_11 26 9V Ate" Bpd PHELAN HALLINAN, LLP Attorney for Plaintiff Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIFTH THIRD MORTGAGE CUMBERLAND COUNTY COMPANY COURT OF COMMON PLEAS VS. CIVIL DIVISION CLAUDINE KELLER No. 13-1133 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 CLAUDINE KELLER is not in the Military or Naval Service of the United States or its Allies,or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant CLAUDINE KELLER is over 18 years of age and resides at 201 PENN STREET, APARTMENT 201, HIGHSPIRE, PA 17034 and 1073 GRAHAMS WOOD ROAD, NEWVILLE, PA 17241-9780. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date h h Just" Kobeski, Esq., Id. No.200392 At me�for Plaintiff 314458 Department,of Defense Manpower Data Center Results as of:May-01-201312:25:33 SCRA 3.0 Status Report Pursuant to Servicemembers Civil TWiefAot Last Name: KELLER First Name: CLAUDINE Middle Name: Active Duty Status As Of. May-01-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Dale Status Service Component NA NA r ✓'1taKA«w` .;—; �"..g. 0 + � Nom NA This response reflects the individuals'active duty status based on the Active Duty Status Date 56. at` Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status - Service Component NA NA :""w:; '�"•.,._'.�y; ;: T. �� %,-No' �.r7 NA This response reflects vrhere the individual left active duty status within 367 days preceding the Active Duty status Date � iK J, �t till, The Member or HistHer Unit Was Notified of a Future Cali-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA' 5, .�. r.,-'" .f;NO��, f�. NA yi.....•x+.'ti-"+� •r .�yF,..age`3-JK� .�+^*✓.' M. �. This response reflects whether the ind vidual or hislher 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 I - i I - i Department of Defense Manpower Data Center Results as of:May-01-2013 12:25:31 SCRA 3.0 Status Report Pursuant to Servicemembers civil Relid Act Last Name: KELLER First Name: RONALD Middle Name: L. Active Duty Status As Of: May-01-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component F 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 Oate Active Duty End Date Status Service Component It '�kNA NA �:7:N0� dr.F NA This response reflects where the ind vidual 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 �itNAf,}t' 6#....:.},:. 'wf' +..::N° 'r NA This response reflects whether the individual o his/her unit has received early rwtficwation to report for active duty t.. C-..'3'iT Ja. r,., 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. 4 .-► • 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 FIFTH THIRD MORTGAGE COMPANY : CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS CLAUDINE KELLER CIVIL DIVISION No. 13-1133 Notice is given that a Judgment in the above optioned matter has been entered against you on oZ If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Justin R.Kobeski, Esq., Id. No.200392 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.*'k 314458 FIFTH THIRD MORTGAGE COMPANY COURT OF COMMON.PLEAS Plaintiff CIVIL DIVISION V. CLAUDINE KELLER NO. 13-1133 Defendant(s) CUMBERLAND COUNTY TO: CLAUDINE KELLER 201 PENN STREET,APARTMENT 201 HIGHSPIRE,PA 17034 DATE OF NOTICE:. 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 a PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A,tDISCHARGE 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 I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)')09-3166 By. , Z ic� ry;fon ....�s .,.Id.No.310721 FEley, Pla, till, ick I im ,LLP 161 <J filevard,Suite 1400 OI , nn enter Plaza f?1lilf] ahia,PA 19103 PHS#314458 FIFTH THIRD MORTGAGE COMPANY COURT OF COMMON PLEAS Plaintiff CI.VIL DIVISION V. CLAUDINE KELLER NO. 13-1133 Defendant(s) CUMBERLAND COUNTY TO: CLAUDINE KELLER 1.073 GRAHAMS WOOD ROAD NEWVILLE,PA 172241-9,778,0 DATE OF NOTICE: (i 161 '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 W.I.THOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE T141S 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 I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 A RI IS] A 17013 l7 �f124 -3166 By: Z� ry J reS --sq. d.No.310721 lacla ni .1.;1,P 161 f tiievard.Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 1314S#314458 FIFTH THIRD MORTGAGE COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. CLAUDINE KE.LLER NO. 13-1133 Defendant(s) CUMBERLAND COUNTY TO: SCOTT M.DINNER,ESQUIRE 3117 CHESTNUT STREET CAMP HILL,PA. 17011 DATE OF NOTICE: ,.�f,,. t ✓ 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 PIIS#314458 l By: -ac car one°. JS .No.310721 Att o Iti�t'' 1 l ,all l t° in a, ;P y17 1 %13'o vad,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#314458 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 FIFTH THIRD MORTGAGE COMPANY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION CLAUDINE KELLER NO.: 13-1133 Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $128,721.89 Interest from 05/03/2013 to Date of Sale $2,645.00 ($21.16 per diem) C= 4a TOTAL $131,366.89 �w r�j = =, M x CD Phelan Hallinan,LLP �n = Meredith Wooters,Esq.,Id.No.307207=«. Ck Attorney for Plaintiff 5G y, c 7:r Note: Please attach description of property. PHS#314458 a UQ. CD� lbs.")s << << 14 .sue << << T ot � , sou- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA FIFTH THIRD MORTGAGE COMPANY Plaintiff - r V. CLAUDINE KELLER Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure' Address where papers may be served: CLAUDINE KELLER Phelan Hallinan,LLP 201 PENN STREET,APARTMENT 201 Meredith Wooters,Esq.,Id.No.307207 HIGHSPIRE,PA 17034 Attorney for Plaintiff CLAUDINE KELLER C/O SCOTT M.DINNER,ESQUIRE 3117 CHESTNUT STREET CAMP HILL,PA 17011 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land and improvements thereon, situate in Upper Allen Frankford Township,Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING, at an iron pin in the centerline of the public road known as Grahams Woods Road (Township Road No.T-448), on the line of land now or formerly of Glenn Rickabaugh;thence along the latter, South 04 degrees 46 minutes 20 seconds East a distance of 338.00 feet to an existing stone; thence along the same, South 70 degrees 09 minutes 40 seconds West, a distance of 161.86 feet to an existing iron pipe;thence continuing along the same, North 64 degrees 58 minutes 54 seconds West, a distance of 220.99 feet to iron pin in the.centerline of said public road;thence along the latter the following seven courses and distances (1)North 20 degrees 42 minutes 31 seconds East, a distance of 53.05 feet; (2) North 34 degrees 03 minutes 30 seconds East, a distance of 71.11 feet; (3)North 52 degrees 59 minutes 11 seconds East, a distance of 69.72 feet; (4)North 58 degrees 11 minutes 53 seconds East, a distance of 66.46 feet; (5)North 58 degrees 51 minutes 57 seconds East, a distance of 64.80 feet; (6)North 52 degrees 44 minutes 22 seconds East, a distance o£5.8..5.9_feet_and_(7)_N_orth_49_degrees.3.8_minutes_36-seconds East,_a distance of-67.64- et to_an iron pin in the centerline of said public road, the point and place of BEGINNING. CONTAINING 1.8338 acres according to a final subdivision plan for Melvin Chestnut, By Eric L. Diffenbaugh R.S. dated September 4, 1996,recorded in Plan Book 73,Page72, and being designated thereon as Lot No. 3. UNDER AND SUBJECT, to use restrictions that there be no burning of trash on the property, that no hogs may be kept at the premises, and that no more than one unlicensed vehicle may be maintained on the property, and to building set back lines as shown in Plan Book 73, Page 72. TITLE TO SAID PREMISES IS VESTED IN Ronald L. Keller, Sr. and Claudine Keller, h/w, by Deed from Jeffrey A. De Fosse and Jo Ellen De Fosse, h/w, dated 05/28/1999, recorded 06/08/1999 in Book 201, Page 254. By virtue of the death of RONALD L. KELLER, SR. on 0510812012, CLAUDINE KELLER became sole owner of the premises as surviving tenant by the entireties. PREMISES BEING: 1073 GRAHAMS WOODS ROAD A/K/A 1073 GRAHAMS WOOD ROAD,NEWVELLE,PA 17241-9780 PARCEL NO. 43-03-0065-042 r11_E0. -0F 1C-E PHELAN HALLINAN, LLP OF THE P R O T H O N O TA R YAttorneys for Plaintiff Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 2013 MAY 21 AM 11: 06 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA 215-563-7000 FIFTH THIRD MORTGAGE COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 13-1133 CLAUDINE KELLER , Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (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: Phelan Hallinan,LLP Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff ralIFT11THIRD MORTGAGE COMPAA�',c T PA'R COURT OF COMMON PLEAS w�t: INROW0 Plaintiff 06 CIVIL DIVISION V. M3"% CUMBERLAND GoUt4T y NO.: 13-1133 CLAUDINE KELLER Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 FIFTH THIRD MORTGAGE COMPANY,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 1073 GRAHAMS WOODS ROAD A/K/A 1073 GRAHAMS WOOD ROAD,NEWVIL LE,PA 17241-9780. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) CLAUDINE KELLER 201 PENN STREET,APARTMENT 201, I-HGHSPIRE,PA 17034 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) CLAUDINE KELLER 201 PENN STREET,APARTMENT 201 HIGHSPIRE,PA 17034 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) BLUESTONE INVESTMENTS INC. 107 NORTH COMMERCE WAY C/O AMATO AND LESSA PC BETHLEHEM,PA 18017 ATTN:JUSTIN N.DAVIS,ESQUIRE BLUESTONE INVESTMENTS INC. 3100 OLD CARRIAGE DRIVE C/O RONALD AMATO,ESQUIRE EASTON,PA 18045-3128 BLUESTONE INVESTMENTS,INC. 107 NORTH COMMERCE WAY BETHLEHEM,PA 18017-8913 BLUESTONE INVESTMENTS,INC. 107 NORTH COMMERCE WAY C/O AMATO AND LESSA PC SUITE 100 ATTN:RONALD AMATO,ESQUIRE BETHLEHEM,PA 18017 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. PHS #314458 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 1073 GRAHAMS WOODS ROAD A/K/A 1073 GRAHAMS WOOD ROAD NEWVILLE,PA 17241-9780 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 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. n wu*wu W_- Phelan Hallinan,LLP Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PHS #314458 FIFTH THIRD MORTGAGE COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 13-1133 CLAUDINE KELLER Defendant(s) CUMBERLAND COUNTY C) C= -n NOTICE OF SHERIFF'S SALE OF REAL PROPERTY M :P. rn TO: CLAUDINE KELLER CLAUDINE KELLER 201 PENN STREET,APARTMENT 201 C/O SCOTT M.DINNER,ES( -H&E HIGHSPIRE, PA 17034 3117 CHESTNUT STREET )>c--) :Z(=> — n CD CAMP HILL,PA 17011 --4 "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 1073 GRAHAMS WOODS ROAD A/KIA 1073 GRAHAMS WOOD ROAD,NEWVILLE,PA 17241-9780 is scheduled to be sold at the Sheriffs Sale on 09/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$128,721.89 obtained by FIFTH THIRD MORTGAGE COMPANY(the mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings, You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale-never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30)days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong)are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-1133 FIFTH THIRD MORTGAGE COMPANY V. CLAUDINE KELLER owner of property situate in the TOWNSHIP OF UPPER FRANKFORD, CUMBERLAND County, Pennsylvania, being 1073 GRAHAMS WOODS ROAD A/K/A 1073 GRAHAMS WOOD ROAD NEWVILLE PA 17241-9780 Parcel No. 43-03-0065-042 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $128,721.89 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract of land and improvements thereon,situate in Upper Allen Frankford Township,Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING, at an iron pin in the centerline of the public road known as Grahams Woods Road (Township Road No.T-448),on the line of land now or formerly of Glenn Rickabaugh; thence along the latter, South 04 degrees 46 minutes 20 seconds East a distance of 338.00 feet to an existing stone;thence along the same, South 70 degrees 09 minutes 40 seconds West, a distance of 1.61.86 feet to an existing iron pipe; thence continuing along the same,North 64 degrees 58 minutes 54 seconds West,a distance of 220.99 feet to iron pin in the centerline of said public road; thence along the latter the following seven courses and distances (1)North 20 degrees 42 minutes 31 seconds East,a distance of 53.05 feet; (2)North 34 degrees 03 minutes 30 seconds East,a distance of 7 1.11 feet; (3)North 52 degrees 59 minutes 11 seconds East, a distance of 69.72 feet; (4)North 58 degrees 11 minutes 53 seconds East, a distance of 66.46 feet; (5)North 58 degrees 51 minutes 57 seconds East,a distance of 64.80 feet; (6)North 52 degrees 44 minutes 22 seconds East, a distance of 58.59 feet and(7)North 49 degrees 38 minutes 36 seconds East,a distance of 67.64 feet to an iron pin in the centerline of said public road,the point and place of BEGINNING. CONTAINING 1.8338 acres according to a final subdivision plan for Melvin Chestnut,By Eric L. Diffenbaugh R.S. dated September 4, 1996,recorded in Plan Book 73,Page72, and being designated thereon as Lot No. 3. UNDER AND SUBJECT,to use restrictions that there be no burning of trash on the property, that no hogs may be kept at the premises, and that no more than one unlicensed vehicle may be maintained on the property, and to building set back lines as shown in Plan Book 73,Page 72. TITLE TO SAID PREMISES IS VESTED IN Ronald L. Keller, Sr. and Claudine Keller, b/w, by Deed from Jeffrey A. De Fosse and Jo Ellen De Fosse, h/w, dated 05/28/1999, recorded 06/08/1.999 in Book 201.,Page 254. By virtue of the death of RONALD L KELLER, SR. on 0510812012, CLAUDINE KELLER became sole owner of the premises as surviving tenant by the entireties. PREMISES BEING: 1073 GRAHAMS WOODS ROAD A/K/A 1073 GRAHAMS WOOD ROAD,NEWVH LE,PA 17241-9780 PARCEL NO. 43-03-0065-042 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-1133 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIFTH THIRD MORTGAGE COMPANY Plaintiff(s) From CLAUDINE KELLER (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: $128,721.89 L.L.: $30 Interest FROM 5/3/2013 TO DATE OF SALE($21.16 PER DIEM)-$2,645.00 Atty's Comm: Due Prothy: $2.25 Atty Paid: $21.8.21 Other Costs: Plaintiff Paid: Date: 5/21/13 David D.Buell,Prothonotary (Sea1)� Deputy REQUESTING PARTY: Name: MEREDITH WOOTERS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 HK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.307207 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FIFTH THIRD MORTGAGE COMPANY Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County N r CLAUDINE KELLER C= e Defendant No. 13-1133 rn w rri,r— N ;�o CJ SUGGESTION OF RECORD CHANGE — C RE: PROPERTY ADDRESS IN DOCKET J>o c�- TO THE PROTHONOTARY: ry' C:) � Property Address was erroneously listed on the docket as: cry ` 1073 GRAHAMS WOOD ROAD,NEWVILLE,PA 17241 The correct Property Address is: 1073 GRAHAMS WOODS ROAD A/K/A 1073 GRAHAMS WOOD ROAD,NEWVILLE,PA 17241 Kindly change the information on the docket. Date: PHELAN HALLINAN,LLP By: mialyow Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff PHS#314458 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FIFTH THIRD MORTGAGE COMPANY Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County CLAUDINE KELLER No. 13-1133 Defendant PHS#314458 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe were served by regular mail to the person(s) on the date listed below: CLAUDINE KELLER 201 PENN STREET, APARTMENT 201 HIGHSPIRE,PA 17034 CLAUDINE KELLER C/O SCOTT M.DINNER, ESQUIRE 31.17 CHESTNUT STREET CAMP HILL,PA 1.701.1 Date: 13 PHELAN HALLINAN, LLP By: Meredith Wooters, Esq.,Id. No.307207 Attorney for Plaintiff Phelan Hallinan, LLP r 1 29 !y Jonathan M. Etkowicz, Esq., Id.No.208786 ATT FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CI,q,, T RL�' HO ��Y- One Penn Center Plaza = Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 FIFTH THIRD MORTGAGE COMPANY Court of Common Pleas Plaintiff Civil Division V. ; CUMBERLAND County CLAUDINE KELLER No.: 13-1133 Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 1, 2013. 2. Judgment was entered on May 2, 2013 in the amount of$128,721.89. 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 September 4, 2013. 808217 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance .$122,468.48 Interest Through July 1, 2013 $6,735.72 Late Charges $86.91 Legal fees $1,300.00 Cost of Suit and Title $977.13 Property Inspections $69.00 Property Preservation $1,662.26 Mortgage Insurance Premium/Private Mortgage Insurance $497.21 Escrow Deficit $1,895.53 TOTAL $135,692.24 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 17, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit`B". 10. No judge has previously entered a ruling in this case. 808217 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: k-3 By. o than M. Etkowicz,Esquire ATTORNEY FOR PLAINTIFF 808217 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanliallinan.com 215-563-7000 FIFTH THIRD MORTGAGE COMPANY Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County CLAUDINE KELLER No.: 13-1133 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE CLAUDINE KELLER and RONALD KELLER, SR, DECEASED 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 1073 GRAHAMS WOODS ROAD, A/K/A 1073 GRAHAMS WOOD ROAD,NEWVILLE, PA 17241-9780. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case,Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 80821.7 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage e 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 Sheriff s 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 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 808217 Company v. Burns,414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276(1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust 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 Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 808217 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding,Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 808217 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 g enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120(Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 808217 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff s sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property,whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly,the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 808217 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default,the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 808217 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: &_3 By: Jon an M. tkowicz,Esquire Att ey for Plaintiff 808217 Exhibit "A" 808217 PHELAN HALLINAN,LLP Attorney for Plaintiff Justin F.Kobeski,Esq., Id.No200392 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 n FIFTFI THIRD MORTGAGE CUMBERLAND COUNTY -0:x c�: ­4 COMPANY MW r, =-n I ' rn—.; COURT OF COMMON PLE* -4 Cn 1 ©'VS. -<)> ts) Co I CIVIL DIVISION CM CLAUDINE KELLER c No. 13-1133 C°n c) PRAECIPE FOR IN REM JUDGMENT FOR FAILURE S ANSWER AND ASSESSMENT OF DAMAGES To THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CLAUDINE KELLE 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 CWV $128,721.89 - V TOTAL mft"Aft� $128,721.89 I hereby certify that(1)the Defendant's last known addresses are 201 PENN STREET, APARTMENT 201,HIGHSPIRE,PA 17034,1073 GRAHAMS WOOD ROAD,NEW VILLE, PA 17241-9780 and 3117 CHESTNUT STREETCAW HML,PA 17011 and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 5111 KW p�V%gft.No.200392 Jusiligt" P7 Aft/mez for Paimwh DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS#314458 PROTHONOTARY 314458 Exhibit "B" 808217 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (21.5) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania July 17,2013 CLAUDINE KELLER 201 PENN STREET,APARTMENT 201 HIGHSPIRE,PA 1.7034 RE.: FIFTH THIRD MORTGAGE COMPANY v. CLAUDINE KELLER Premises Address: 1073 GRAHAMS WOODS ROADA/K/A 1073 GRAHAMS WOOD ROAD NEWVILLE,PA 17241 CUMBERLAND County CCP,No. 13-1133 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment.Please respond to me within 5 days, by 7/23/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Vc 't,--yo uk�s. ol)a 1 1 M..Eticc w167F Esq.,Id.No.208786 Attorney for Plaintiff Enclosure 808217 N {Name and Phelan Hallman,LLP ,Address 1617 JPK Boulevard,Suite 1400 p 'Of Sender One Penn Center Plaza I Philadelphia,PA 19103 KVM Line Article Number Name of Addressee Street and Post OfRee Address Postage 1 •••• CLAUDINE KELLER 50.45 I a 201 PENN STREET,APARTMENT 201 0 HIGHSPIRE PA 17034 t ocM 2 `••" CLAUDINE KELLER $0.45 Nq0 1073 GRAHAMS WOODS ROAD A/K/A 1073 GRAHAMS WOOD ROAD NEWVILLE PA 17241-9780 3 '•:• CLAUDINE KELLER 318 RIM RD 50.45 ELIZABETHTOWN PA 17022-8776 RE:CLAUDINE KELLER CUMBERLAND PH/1808217/1200 Pa e 1 of 1 SI,35 Tool Number of Ton!Numbs of Picay P.xtmwa.pa trbme or The full deelexion or vntvc o rcquircd on all t10aIHe and i emmVioml rcpxered m»4 i Piers Uxed by Sender Received x Pox oifkc Roam aC EmDlaYa) for the teeonsxaction olmrwegarabk documents uadn Gzpras Mail daeoment reranxrudldd it Teue su im ton hmR ofSSd0bk i S2,0W r na tc roasij.= with o Y cm .wn The D 5913 e.indemnity j wwje is ff. far a�xcred maR,sau with opional nuunrwe"$q jf R90t1 S9I3 and 5921 fnr timrrximte of rnven ,1 Farm 3877 Facsimile 808217 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 FIFTH THIRD MORTGAGE COMPANY Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County CLAUDINE KELLER No.: 13-1133 Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. CLAUDINE KELLER CLAUDINE KELLER 201 PENN STREET,APARTMENT 201 1073 GRAHAMS WOODS ROAD HIGHSPIRE, PA 17034 A/K/A 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241-9780 CLAUDINE KELLER 318 RIM RD ELIZABETHTOWN, PA 17022-8776 Phelan Hallinan, LLP DATE: By: Jo a an . Etkowicz,Esquire ATTORNEY FOR PLAINTIFF 808217 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIFTH THIRD MORTGAGE COMPANY Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County CLAUDINE KELLER No.: 13-1133 . Defendant RULE AND NOW,this 30 day of 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. cz M D r— r— W -cn<> CD CD CD CD j,-� r. op `/"{n/ 808217 /J�onathan M.Etkowicz,Esq.,Id.No.208786 ;/Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 /CLAUDINE KELLER /CLAUDINE KELLER 201 PENN STREET,APARTMENT 201 1073 GRAHAMS WOODS ROAD HIGHSPIRE,PA 17034 A/K/A 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241-9780 ,-CLAUDINE KELLER 318 RIM RD ELIZABETHTOWN, PA 17022-8776 808217 808217 c M CD mom fYi_ M G: :X)✓1 C C:) t�3 C PHELAN HALLINAN,LLP Attorney for Plaintiff :Z o 0 0 ! Adam H.Davis,Esq.,Id. No.203034 C: - 1617 JFK Boulevard, Suite 1400 ry One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA FIFTH THIRD MORTGAGE COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION CLAUDINE KELLER Defendant(s) No.: 13-1133 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa.R.C.P. 3129.2(c)on each of the persons or parties named, at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,Id.'No.203034 (// Attorney for Plaintiff Date: 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#808217 r Nmne and Phelan Hallinan,I,LP Address 1417 RX Boulevard Suite 1400 0(Sender One Penn Center Pia7a Philadelphia,PA 19103 Lint Article Number NAmr of Addressee Street and Post Office Address tC 1 CLAUVINE KELLER Ptlsti e n 201 PENN STREET,APARTMENT 2,01 S0.45 t �s HIGHSPIRE,PA 17033 9 a — 1 t:LAUD1fvk;K•;LUR # aero 1073 GRAHAMS WOODS ROAD SI).45� � . g52 A.7CIA 1073 GRAHAMS WOOD ROAD NF%VVILL PA 17241-9780 3 ""° CLAUDiNF:KELLER � �'� 318 RIM RU SOAS i FIAZABFTHTOWN,PA 17027-8776 RE:CLAUDINE KELLER CUMBERLAND PIi H 80821711 700 I'n r I of I 4 P:euy Lr,t,d F,-SrrMcr takil tann0er of rKttf Y.sttmatt<•,Iht(?:anr of / \ n<x.�wd a P.at 6#r a #tm;,,n�t•rrpy.cH '71c(Il!"u-NIM t#t'pre rs rcxhr tt4 on x##c4n,;.�,,c ud or'ttnsrrdt;t temttrd nar1,Tk rsa fa tfir nsonynrcr.ne dnnrtcpxiu'k dacrn.awa atMe�P #+ree 9u6ttr ins brat 0rssx.wo pnax�l+a Jn:umrw rcHnyp,ntiNN 7. Tie rWxunuw udervrtn M xc..rrezr Ih r rxrntrra rnArttxrJ}twahP nn f.t3+rna } #uraboisT23.t}pgfcrrcgstan#mrl,azturnFapiMitltt:strranct-Serer.>` j1 Form 3877 Narsimilc Rf00S913adS9Ilfoilimuunnsoteoraa $08217 Nbne and Phclan 13utinan,LLP Address 1617 JFK Boulevard,Suite 1400 IUD o Of Sender One Penn Center Plaza +[:t°4 PhiladcT hia.PA 19103 AMSCS-09104120 f3 SAI X ci Line Article Number al.ame of Addressee,Sure and Post Office Address Posra e 1 '*** COMMONWEALTH OF PENNSYLVANIA X0.45 of DEPARTMENT OF WELFARE P.O.SOX 2675 t ntm IlARR28BURG PA 17105 2 **** INTERNAL,REVENUE SERVICE ADVISORY $0.45 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH PA ISM 3 *w`w U.S.DEPAIMMENT OF JUSTICE U.S.ATTORNEY FOR THE MIDDLE DISTRICT OF PA FFOERAL SUILIDINC 228 WALNUT STREET,SUITE 210 r YO BOX 13754 HARRISBURG IrA 1 71 08-1 75 4 4 w*** lot S *ww* 6 :www IL weww t 1 ,� D RE:CLAtIDTIVE bJt l�gIMBERI AI*`1> PITS#32445811921 Page 2 of 2 Writ Teem Txtnt\iemtv:nf 7nh�Thimfi.rnrp'rcrr Ybxlauwcr,Perty:arn-.of ffrcfuyl Eec4esiioa afwke urwu.eed ov a4 dOxr`rfie er+die<mn;omlre;ixsxezd,rr;I.Thenasimom.rdemnrypaynbk P om lirted by St rJer Rocdval mi t'onolnoo keixivft 6 npbyec3 for ft Kootniructium orwrotgouaGR dccumenta urduexpew mio 4w%m*oi m4mirwion imu atw^e is s5omper pkx sthJc t too lrmitof 3500.047 per occuremcc.17ts muim9m afdcmmip^raysbk m Esprea Ma t tnn4aMist is i30o. t file mnsirtum Mtitn9UtY 9sYabk 4325.940 fir agtsma4 rrafy.xm aaitm cptkml imfararce,Set Damwk till Mmwl R941 S41f and S9f1 for limiteliooe ercoven . Form 3$77 Facsimile t Name and Phelan Pallinan.LLP 00 AddreM 1617)FK Rnidevard,%jitt,14(ffl Or SCndOT One Penn Center Pin= ra Philadclphi3,PA 19103 AZKISCS-0910412013 SALE 's) Addresser.,Streo,and Post Office Address _Lin_ AtlidcNwiiber Name of Addre *4 I TENANT/OCCUPANT 1073 GRAHAMS WOODS ROAD r A/K/A 1073 GRAHAMS WOOD ROAD NEWILLE,PA 17.141-9780 2 BLUESTONE INVESTMENTS INC, $0.45 107 NORTH COMMERCE WAY BETPLEMEM,PA 18017-8913 3 BLUESTONE INVESTMENTS INC.C/O AMATO AND LLSSA PC JUSTIN N.DAVIS,ESQUIRE $0.45 107 NORTH COMMERCE WAY BETHLEHEM,PA 18017 4 BLUESTONE INVESTMENTS INC.C/O RONALD AMATO,ESQUIRE 50.45 3100 OLD CARRIAGE DRIVE EASTON,PA 180453128 5 BLUESTONE INVESTMENTS.INC,C/O AMATO AND LESSA PC ATTN.RONALD AMATO,ESQUIRE SOAS 107 NORTH COI%IMF-PCE*VAY SUITE too gmmgmm P.A.18017 6 COMMONWEXLT}f Of PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX SOAS DIIIISION 67FJI FLOOR,SI-RAWHERRY SQ. DEPT 230601 HARRISBURG,PA 17128 7 DEPARTMENT OF PUBLIC WELFARE,TPL CASUALTY UNIT,ESTATE RECOVERY PROGRAM S9.45 PHI P.O.BOX 9486 WILLOW01AKRUILI)MC HARRISBURG,PA 171051 trr" 8 DOMESTIC RELATIONS OF CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE PA 1 RE--CLA:UDINE KELLER(CUMBERLAND) PHS#3144SW1021 Pace I of 2 Writ Team .w.1- TCUINU"boor ---[toUINW6410!Pitces rkmuswbyS,Yokr Rcod'vd at P"office R—ilirg amby-) ra dw wommwimt-f nmmpot"k 4ocutmns urd"Ext"MW OowrwyA mcpWrmfion imumvt is 350=per k1d—Ay pybt...t1f..M.I—t-di.4 S500, R9M$913 and S921(0,Imils6m orconavt. Form X877 es i m i I e Name and Phelan Hallinan,LLP Address O(Sc 1617 Jt�K Boulevard,Suite 1400 nder One Penn Center Pla7, 0 Phitxdel hia,PA 191()3 Line AniNe Number Nnme of Ad I tlrcatcc Street and PostOtficc Address I ...s CLAUUINE'KBLLER � `i 201 PENN STREET,APARTMENT201 HIGHS'Pi.RE PA 1703) CLAUDINE KLLLER 1073 GRA14ANIS W OOD5 ROAD AnCfA 1073 GRAHAMS WOOD ROAD 511.45 e, SN8 3 � % NEWVILLK,PA 17241.9780 CLAUD'N'..KELLER 318 RIM RD FLl.ZABF HTo%W,PA 17022-8776 50-- 45 _. RE:CLAUDINE RCLLCR CUMDGRLnND Pll NS(g317l1200 t oal t 5+m•cr.a Pa a.1 . o,f 1 .. 1;..UIW hY Sr„A�, 1OW n,arber at?W.3 St.34 41 ae<,odnreruT rximrstr,ltr{r;anxor ✓�°:�i� nao SGr�to,ecl '711 1.71 dttlurS,on•7as7ae is r:�e red an�1�on,�.tK ar#r rrtemamaaatt� /ter^-w.*� Fa.rhr rc<cm%rwneoc afapn.cgetiaSir aacaa gmtnQ rpr4 774::.r' ,,,rrr���,,,` fi=ee ra4ttitn a7,mrt ofSS�nd00 uwU arafc.0 W«�r9al da.aem ecanha,uwai. ” 1~tlrlil 3877 Facsimile 'iit rcazrnuan r acr xdrtevcr YYe ma iaraa,n fenri t#NF�L'e rt F.'S'ana NOQQS913a•Q�fi�rt+�`�bai.SXf.40o{irrc;s7ardma�l.zxnl;��1F Font)Im"'W �y ty++ a^72Frarlhn+elamafracrta e. a6 5a 808217 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 FIFTH THIRD MORTGAGE COMPANY • Court of Common Pleas Plaintiff • • Civil Division vs. • • CUMBERLAND County CLAUDINE KELLER • • No.: 13-1133 Defendant • CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 30, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. CLAUDINE KELLER CLAUDINE KELLER 201 PENN STREET, APARTMENT 201 1073 GRAHAMS WOODS ROAD HIGHSPIRE, PA 17034 A/K/A 1073 GRAHAMS WOOD ROAD NEWVILLE, PA 17241-9780 CLAUDINE KELLER 318 RIM RD Z= ELIZABETHTOWN, PA 17022-8776 eM cfp CO Ph- .n Hal • �"` -�- DATE: Mi33' By• Allison merman, Esq., Id.No.309519' ' Attorney for Plaintiff 808217 Phelan Hallinan,LLP bt' Fh'EPR I flo,,40Tpf(,j Jonathan Lobb, Esq., Id. No.312174 2013 AUG 21 A ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 M 10: 25 One Penn Center Plaza CUMBERI-AI40 COU14TY Philadelphia, PA 19103 PENNSYLVANIA Jonathan.Lobb@phelanhallinan.com 215-563-7000 FIFTH THIRD MORTGAGE COMPANY Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County CLAUDINE KELLER No.: 13-1133 Defendant MOTION TO MAKE RULE ABSOLUTE FIFTH THIRD MORTGAGE COMPANY,by and through its attorney,hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on July 29, 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 Defendant on July 17, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto,made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Kevin A. Hess on or about July 30,2013 directing the Defendant to show cause by August'19, 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 August 7, 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. S. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 19, 2013. 808217 l WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hall inan, LLP DATE: By J nathan Lobb, Esq.,Id. No.312174 Attorney for Plaintiff 808217 Exhibit "A" 808217 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (21.5) 563-3459 Phelan Hallman,LLP Representing Lenders in Pennsylvania July 17,2013 CLAUDINE KELLER 201 PENN STREET,APARTMENT 201 IdIGHSPIRE,PA 17034 RE.: FIFTH THIRD MORTGAGE COMPANY v. CLAUDINE KELLER Premises Address: 1073 GRAHAMS WOODS ROADA/K/A 1073 GRAHAMS WOOD ROAD NEWVILLE,PA 17241 CUMBERLAND County CCP,No. 13-1133 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days,by 7/23/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Vel.; t sil}T yafi , na; iil M Etla,wic?- Esq.,Id.No.208786 Attorney for Plaintiff Enclosure 808217 Name and Phelan Hatlinan,LLP 0 Address 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plain Philadelphia,PA 19103 KVM O �a Line Article Number Name of Addressee,Street and Post OMee Address Postage ^n � 1 " *' CLAUDINE KELLER 50.45 201 PENN STREET,APARTMENT 201 (s HIGHSPIRF,PA 17034 �. at 2 '"r CLAUDINE KELLER $0.45 r eo°W 1073 GRAHAMS WOODS ROAD i•,yam{ A/K/A 1073 GRAHAMS WOOD ROAD NEWVILL£ PA 17241-9780 3 •'"' CLAUDINE KELLER $0.45 318 RIM:RD ELIZABETHTOWN.PA 17022-8776 RE:CLAUDINE KELLER CUMBERLAND PH N$08217/120D Pa c 1 of 1 $1.33 Tani Number or Tmal Number of fl e s P V-0a,Pa(Nutt of The rult doesatuioo or ralue is rcepdred on all den�tc and tolern0ienal cpinc td math The maT Picas Ustailby Sender Raeised m Past ofr¢e Rtco"Pp Fmplgee) for therewhstsnolion ortwncgxmble Mtedmxats xnder F,press Mail dx—wnt trconatruaf.M It 1 pieta fuhjm toa limit ofSSGO,D06 per sx:rurrenee.Tan maximum indrmniq^pmvble an f�l.tacss 4 ilK rnarimnm itsdtmmtr�rat+k Is SIS.00A for reftarrM nail,tem snfi otdtanal msaran�r So f��7' ft946 S91 S and 5931 far limtsttmx ofeoac — ;Form 3877 Facsimile a- i 808217 Exhibit "B" 808217 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIFTH THIRD MORTGAGE COMPANY Court of Common Pleas Plaintiff Civil.Division V. CUMBERLAND County CLAUDINE KELLER No.: 13-1133 Defendant RULE AND NOW,;lia:i& day of 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. if no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. rn 808217 Exhibit "C" 808217 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id.. No.309519 AT:'ORNE',Y FOR PLAINTIFF 1617.1FK Boulevard, Suite 1400. One Peru i,Center.P,laza Philadelphia, PA 19103 all ison.zuckemian @phel anhallinan.com 215-563-7000 - FIFTH THIRD MORTGAGE COMPANY Plaintiff Court of Common Pleas vs. Civil Division CLr�I1DINE KELLER CUMBERLAND County No.: 13-1133 Defendant CERTIFICATION OF SERVICE, I hereby certify that a true and correct copy of the Court's July 30, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below: co C..J CLAUDINE KELLER CLt1 E11) r, ,. -" INl l�,! Ll T�i� `� 201 PENN STREET,APARTMENT 201 1,073 GRAIJYIA9:S HIGHSPIRE, PA 17034 '' A/X/A 1.07:3 C3RA:l1i1MS t��OQ�� �c NEWVILLE,PA .17241-9780 � C.L,AUDINE- KELLER — D C Ei _.__..........,. ____..,....__._..._.............. _...__._............._.....___,........ . . EL,IZABETHTOWN,PA 17022-8776 1'llc l llal''► �,,T... ,. DATE: By.. Al(zsz �i cc rn�eti�,Esq.,Id.No.309519 Attorney for Plaintiff 808217 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 FIFTH THIRD MORTGAGE COMPANY Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County CLAUDINE KELLER No.: 13-1133 Defendant : CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. CLAUDINE KELLER CLAUDINE KELLER 201 PENN STREET,APARTMENT 201 1073 GRAHAMS WOODS ROAD HIGHSPIRE, PA 17034 A/K/A 1073 GRAHAMS WOOD ROAD NEWVILLE,PA 17241-9780 CLAUDINE KELLER 318 RIM RD ELIZABETHTOWN,PA 17022-8776 Phelan Hallinan, LLP DATE: By: J than Lobb, Esq., Id.No.312174 ttorney for Plaintiff 808217 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA FIFTH THIRD MORTGAGE COMPANY Court of Common Plti=- ZZ Plaintiff rn-- Civil Division Cnr- Go VS. CUMBERLAND CJ$= CLAUDINE KELLER Xc� No.: 13-1133 Defendant C:) ORDER AND NOW,this Ar day of 191%ow , 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED,that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $122,468.48 Interest Through July 1,2013 $6,735.72 Late Charges $86.91 Legal fees $1,300.00 Cost of Suit and Title $977.13 Property Inspections $69.00 Property Preservation $1,662.26 Mortgage Insurance Premium/Private Mortgage Insurance $497.21 Escrow Deficit $1,895.53 TOTAL $135,692.24 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 T COURT: J. 808217 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY FIFTH THIRD MORTGAGE COMPANY PHS#314458 DEFENDANT SERVICE TEAM/Ixh CLAUDINE KELLER COURT NO.:13-1133 SERVE CLAUDINE KELLER AT: TYPE OF ACTION 201 PENN STREET,APARTMENT 201 XX Notice of Sheriff's Sale HIGHSPIRE,PA 17034 SALE DATE: September 4,2013 SERVED Served and made known to CLAUDINE KELLER,Defendant on the?day of sf 20 i3,�,b 12_0 S,o'clock P.M.,at +t4 r, in the manner descri ' � + A Defendant personally served. m G'7 to —Adult family member with whom Defendant(s)reside(s). rq M 1" Relationship is �t t _Adult in charge of Defendant's residence who refused to give name or relationship. {D CD t; : 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. A C') o an officer of said Defendant's company. =CD a . Other: Description: Age -20 Height S 2- Weight lSo Race 6V Sex Other I,(nfw,elln"i 14uw,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: I x ( NAME: PRINTED NAME: TITLE: Caw 5Ta 6�C NOT SERVED On the day of 20_,at o'clock_.M.,I, a competent adult hereby state that �e endant NO fTT D�ccause: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 SHERIFF'S OFFICE OF CUMBERLAND COUNTY II Ronny R Anderson ' Sheriff t ! _ O [ _ Jody S Smith 11 1 Chief Deputy -, 0 J t �t E 1 Richard WStewart C �, Solicitor �srrl eor �s�s IFr CElMBERLAfi'D COUNTY PEPitd5YLVNNiA Fifth Third Mortgage Company Case Number vs. Claudine Keller 2013-1133 SHERIFF'S RETURN OF SERVICE 06/27/2013 08:00 PM - Deputy Jason Kinsler, 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 1073 Grahams Woods Road a/k/a Grahams Wood Road, Upper Frankford -Township, Newville, PA 17241, Cumberland County. 09/04/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk on behalf of Fifth Third Mortgage Company, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $813.72 SO ANSWERS, � I November 20, 2013 RbNO R ANDERSON, SHERIFF pw (c)CountySuite Sheriff,Teleosoft.Inc. i On May 23, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA, Known and numbered as, 1073 Grahams Woods Road, a/lc/a 1073 Grahams Wood Road, Newville, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: May 23, 2013 c By. N N Real Estate Coordinator LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2013-1133 Civil Term FIFTH THIRD MORTGAGE COMPANY VS. CLAUDINE KELLER Atty.:Joseph Schalk By virtue of a Writ of Execution No. 13-1133, FIFTH THIRD MORT- GAGE COMPANY v. CLAUDINE KELLER owner of property situate in the TOWNSHIP OF UPPER FRANK- FORD, CUMBERLAND County, Pennsylvania,being 1073 GRAHAMS WOODS ROAD a/k/a 1073 GRA- HAMS WOOD ROAD,NEWVILLE,PA 17241-9780. Parcel No.43-03-0065-042. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount:$128,721.89. 68 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire?Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 26, August 2 and August 9, 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. CMN sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 9 da y of August, 2013 Notary I NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 19Q0 Patriot Drive Zh( Patr1*0t'WX(W5 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 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 Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the 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 1900 Patriot Drive, 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 he 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 he 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. This ad ran on the date(s)shown below: 07/28/13 2013-1133 Clvll Term 08/04/13 FIFTH THIRD MORTGAGE COMPANY vs. 08/11/13 CLAUDINE KELLER AtIr. Joseph Schalk lbeBy virtue of a Writ of Execution No.13-1133 FIFTH THIRD MORTGAGE COMPANY v. S t and subsca this 23 day of August, 2013 A.D. CLAUDINE KELLER owner of property situate in the TOWNSHIP OF UPPER FRANKFORD, CUMBERLAND County, Pennsylvania, q I�b 1 0 being 1073 GRAHAMS WOODS ROAD Public A/K/A 1073 GRAHAMS ROOD ROAD, NEWVILLE,PA 17241-9780 Parcel No.43-03.0065-042 (Acreage or street address) Q7 Improvements thereon: RESIDENTIAL COMMONWEALTH OF PENNSYLVANIA DWELLING Notartal seal Judgment Amount:$128,721.89 Holly Lynn Warfel,Notary Public - Washington Tvvp.,Dauphin County My Commission Expires Dec.12,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Fifth Third Mortgage CompM is the grantee the same having been sold to said grantee on the 4th day of September A.D., 2013, under and by virtue of a writ Execution issued on the 21 st day of May, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 1133, at the suit of Fifth Third Mortgage Company against Claudine Keller is duly recorded as Instrument Number 201337492. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ve day of " A.D. J©l3 ecorder of Deeds Recorder of Deeds,Cumberland County,Caffisle,PA My Commission Expires the Furst Monday of Jan.2014