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Home My WebLink About05-0352 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING, INe. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM (}w~L~~ v. NO. OS -35";( CUMBERLAND COUNTY DONNA M. BERDNICK AIKJ A DONNA M GOODHALL 457 WEST MAIN STREET WALNUT BOTTOM, PA ]7266 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #; 9893] File #: 98931 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is WASHINGTON MUTUAL BANK, FA, S/VI TO HOMESIDE LENDING, INC. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known addressees) of the Defendant(s) are: DONNA M. BERDNICK NKJ A DONNA M GOODHALL 457 WEST MAIN STREET WALNUT BOTTOM, P A 17266 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/2011998 PETER & DONNA M. BERDNICK made, executed and delivered a mortgage upon the premises hereinafter described to BARNETT MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1439, Page: 500. By Assignment of Mortgage recorded 9114/98 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 588, Page 256. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 98931 6. The following amounts are due on the mortgage: Principal Balance Interest 03/01/2004 through 01/13/2005 (Per Diem $13.41) Attorney's Fees Cumulative Late Charges 03/20/1998 to 01/13/2005 Cost of Suit and Title Search Subtotal $65,280.93 4,277. 79 1,250.00 122.20 $ 550.00 $ 71,480.92 Escrow Credit Deficit Subtotal 0.00 537.20 $ 537.20 TOTAL $ 72,018.12 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The mortgage premises are vacant and abandoned. 9. Plaintiff hereby releases PETER BERDNICK from liability for the debt secured by the mortgage. 10. By virtue of the death ofpETER BERDNICK on 11127/2000, DONNA M. BERDNICK became sole owner of the mortgaged premises as surviving tenant by the entireties. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 72,018.12, together with interest from 01113/2005 at the rate of$13.41 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: -1-1s~n~~ 0----- LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 98931 ALL that cer1ain 101 of land wlltl Iho Improveman19 Ihe"",n sltuale in South Newton TOWt1:Ihip, CumbeI'land CQunly, Pennsylvunla, bOurlde<1 and daSalbe<l as follOWS: BEGINNING al Q rallioad spike In the centerline of petmSytvanla Roule No. 174 (l-R. No. 35), also \cnOWn 9S Waloul Bol\Om Road, Slllcl point being 312.93 fOOt In a norlheaslwattlly <llredlon along the ClInl9f1ine of sal~ ptlblic (000 from Its intersectlon witl1 tile centerline of loR. 21007; lhanCll a!orlg the centerUne of Pannsylvania Route No, 174. North 44 degrees 47 mioutes 15 secondS East. a lfl5laoce of 221.82 feet 10 a nnlroad spike; \hence by 1M dividing IInu between Lots Nos. 2 and 3 on tho heralnaller '-''''-- monlioned plEU'l of loiS, South -45 degrees 35 mlnute6 12 8e<:Qllds Ea6l. 0 distEll'lC6 of 292.61 1001 to an 11'01'\ pin; ll'lenC6 by the nonhum right-of-way line Of the Reading RlIilro;!d (90 faet wide), SOuth 54 dSgreea 49 m/nutlls 2S aeoond.. west, 11 distance Of 225.53 fuel to an iron pin; thence by lhe dlvldlng line bQlwOO(l Lot& Nos. 1 llnd 2 on said plan, North 45 degraes 35 minutes 12 611COl1ds West, II dlstllOctI of 253.31 feel 10 a point, the Place of BEG1NNlt1G. CONTAINING 1.3900 seres ace<<ding 10 a 8ulldivislon pllln by CarlO. Bert, R.S., daled Apnl22, 19n, fIlCOC'4ad August 17, 19n In Cumberlllnd County Plan Book 30, Page 1.46, '1nd being deslgi1Qled as I.Ol No. 2 Cheroon. BEING the seme Property whIcI'l Cathy Luu Clites and William Cliles, co- ro!flw!Of's of lhe estata of Arlht." H. Slane, granted and conveyed 10 K/'Inne\h M. WineJ)renno( ana Susan M. Wlnebr9nner. his wlfe, gran."", herein, by deed dated March 15, 1993. and reo<)rdad in \he OfflClO of the Rec:order 01 Deed$ ror Cumberlana County, PennsylVanIa, in OOOd BooI< "F", VOlumG 36, Page 275. PREMISES BEING: 457 WEST MAIN STREET. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. ~~b4~ Francis S. Hallman; Esquire Attorney for Plaintiff DATE: l/~-D5 (:J ~ B IV '[ ~ ~ .. ~, Cl (2 .-~ ) w 8 r..=-:) -'11 "- ~l --1 ~ -..() '- ::::-(1 -l\ ,-" ill""-:,;C;-. ~ -nf-.u ~ ~ 1'-) : "\,, ~ 0 r:, Gv c ~':.'" - 0 -Y \0) ~_. ,- -J 00 ."'.... AFFIDAVIT OF SERVICE' - CUMBERLAND COUNTY PLAINTIFF WASHINGTON MUTUAL BANK, F.A., SIIfI TO HOMESIDE LENDING, INC. NO. 05-352 CIVIL TERM DEFENDANT DONNA M. BERDNICK A/KIA DONNA M. GOODHALL TYPE OF ACTION xx. Mortgage Foreclosure xx. Civil Actiou SERVE AT: 181 WEST STAFFORD ROAD STAFFORD SPRINGS, CT 06075 SRRVlm Goodhall Served and made known to Donna M. Berdnick a/k/a Donna M. , Defendant on the 13th day of FRbruary ,2005, at 8: 45 o'clock.~.M.,at 181 v/est Stafford Rd., Stafford Spr inqs, CT , City in the manner described below: ..--L Defendant personally served. _Adult family member with whom Defendant(s) reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s) _Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: I, Steven Ducl?a;competent adult, being duly sworn according to law, depose and s Dnnnri M RprNnick a/k/a Donna M. Goodhall a true and correct copy of the Ci v il Action-Law Complain issued in the captioned case on the date and at the addre~afed abo Sworn to and subscribed Before me this 1 4 t~ay Of " '-0 e;~ J. Rubin J::e b. _.' '- D..5" NOTARY PUBLIC Notal). '(}- a, . Stall! of Connecticut "'y Commission Expires 12/31/07 NOT SRRVF.n ,20_, at o'clock te that 1 personally handed to '-, rtgage Foreclosure ./ ,/ / On the~__dayof M., Defendant NOT FOUND because: _Moved _Unknown No Answer Vacant Other: Sworn to and subscribed Before me the __ day Of ,20_, Notary: Not Served Ry: Attorneys For Plaintiff Francis S. Hallinan, Esquire - I.D.#62695 Suite 1400- One Pelill Center Plaza at Suburban Station Philadelphia, P A 19103-1799 (215)563-7000 'F' ~, ...- ",\'t'r' ~ '"f\ <"', 0'> :> t", ?i t:'-~ IfI LO -,II .,!I SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-00352 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS BERDNICK DONNA M AKA DONNA M R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BERDNICK DONNA M AKA DONNA M GOODHALL but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BERDNICK DONNA M AKA DONNA M GOODHALL 457 WEST MAIN STREET WALNUT BOTTOM, PA 17266 PROPERTY IS VACANT. DEFENDANT'S FORWARDING ADDRESS IS 181 W STAFFORD ROAD STAFFORDSPRINGS, CT 06075. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 10.36 5.00 10.00 .00 43.36 .~ So answers.;..-- ,.-;; .--- ;~>;;::/;;./-7 " .-;fC / (4?~' R. "Tllomas Kl ine Sheriff of Cumberland ? County PHELAN HALLINAN SCHMIEG 01/25/2005 Sworn and subscribed to before me this 1~ day of ,L L.. 7 .)()(J'; A.D. ~a~ Pr t onotary J,&:; . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A., S/I/I TO HOMESIDE LENDING, INC. 11200 WEST P ARKLAND AVENUE MILWAUKEE, WI 53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-352 CIVIL TERM DONNA M. BERDNICK AlK/A DONNA M. GOODHALL Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DONNA M. BE NICK AlKJA DONNA M. GOODHALL, Defendant(s) for failure to file an Answer to Plaintiffs omplaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, nd assess Plaintiffs damages as follows: As set forth in Complaint Interest from 1/13/05 to 4/4/05 TOTAL $72,018.12 $1,099.62 $73,117.74 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown a ove, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ,~ G. "r~_'~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff DATE: J.j/p,IM , ~- DAMAGES ARE HEREBY ASSESSED AS INDICAT PRO PROTHY - PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Sclnnieg, Esq., Id. No. 62205 Philadelphia, P A 19103 (71 ") "61-7000 ATTORNEY FOR PLAINTIFF FI COpy WASHINGTON MUTUAL BANK., FA, S/I/I TO : COURT OF COMMON PLEAS HOMESIDE LENDING, INe. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY DONNA M. BERDNICK NKIA DONNA M. GOODHALL : NO. 05-352 CIVIL TERM Defendants TO: DONNA M. BERDNICK AlKJA DONNA M. GOODHALL 181 WEST STAFFORD ROAD STAFFORD SPRINGS, CT 06075 DATE OF NOTICE: MARCH 8, 2005 THIS FIRM IS A DEBT COLLECfOR ATTEMPTING TO COLLECf A DEBT. THIS NOTICE I YOU IN AN ATTEMPT TO COLLECf TIfE INDEBTEDNESS REFERRED TO HEREIN, INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF Y PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ENFORCEMENT OF LIEN AGAINST PROPERTY. SENT TO ANY U HAVE OT AND NLY AS IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANC PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACf WITHIN TEN DAYS DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING A MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A L WYER, 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 MAYBE ABLE TO PROVIDE OU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS A A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQ IRE Attorneys for Plaintiff AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY PLAINTIFF W ASIDNGTON MUTUAL BANK, F.A., S/I/I TO HOMESlDE LENDING, INC. NO. 05-352 CIVIL T RM DEFENDANT DONNA M. BERDNICK A1KJA DONNA M. GOODHALL TYPE OF ACTION XX- Mortgage Foree osure XX- Civil Action SERVE AT: 181 WEST STAFFORD ROAD STAFFORD SPRINGS, CT 06075 SRRVRO Goodhall Served and made known to Donna M. Berdnick a/k/a Donna M. ,Defendant on the 13th day f PRbrllary ,2005, at 8: 45 _o'cloek,~.M.,at 181 West Stafford Rd., Stafford Sprinqs, CT , City in the manner described below: ~Defendant personally served. ~Adult family member with whom Defendant(s) reside(s). Relationship is ~AduIt in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s) ~Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: 1, Steven Ducl?a'competent adult, being duly sworn according to law, depose and s te that I personally h nded to Donn~ M Rprnnick a/k/a Donna M. Goodhall _a true and correct copy of the Civil Action-Law Complain rtga e Foreclosure issued in the captioned case on the date and at the addres 'cated abo . Sworn to and subscribed Before me this 1 4 tl4lay . - I;rIt 4, R~. OU'eb. _' 20D5[ 'N!5TARVPl!BLIC Notary: ~ 0" .... Stai~Qt,9&'ectiCU1 l4YC()lllmis~i9f1~I1Jres 12131f!)-1 . NOTSRRVRO ,20_, at o'clock On the _ day of .M., Def0ndant NOT FOUND because: ~Moved ~Unknown ~No Answer Other: Vacant Sworn to and subscribed Before me the Of Notary: day ,20__. Not Sl'rvpfi Ry: Attorneys For Plaintiff Francis S. Hallinan, Esquire - I.D.#62695 Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, P A 19103-1799 (215)563-7000 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, F.A., SIIII TO HOMESIDE LENDING, INC. 11200 WEST PARKLAND AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-352 CIVIL TERM DONNA M. BERDNlCK NK/A DONNA M. GOODHALL Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the laintiff in the above-captioned matter, and that on information and belief, he has knowledge of the folio ing facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the Unit d States or its Allies, or otherwise within the provisions ofthe Soldiers' and Sailors' Civil Relief Act 0 Congress of 1940, as amended. (b) that defendant DONNA M. BERDNICK A/K/A DONNA M. GOODHA L is over 18 years of age and resides at 181 WEST STAFFORD ROAD, STAFF RD SPRINGS, CT 06075 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 rela ing to unsworn falsification to authorities. lk~p Co ~rJ,,,,,~~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN lot of land witl1lhe improvements thereon situate in South Newton Township. Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike in the centerline of Pennsylvania Ruule No. 114 (LR No. >5), also known as Walnut Bottom Road, said point being 312.98 feet ill a NonheaSlwardly d!rec:lion along lhe cencerline of said public road from it., i11lerSection with the cenll::rlinc of LR 21007; thence aloDg the cemerlJDe of PelUlSylvaJIia Route No. 174, North 44 degree 47 minutes 15 $CCOnds Easl a distaw;e of 221.82 feet 10 a tllllroad spike; lhence by the dividing line between Lots Nos. 2 and 3 on the hereinafter mentioned plan of lots, Soutb 45 degrees 35 minules 12 w:onds East. a distance of 392.61 fcellO an iron pin; !hence by the Northern right-of-way line of the Reading Railroad (90 feel wide), South 54 degrees 49 minutes 2S seconds West, a distan.ce of 225.53 feet to an iron pin; thence by the diViding line between LoIs Nos. I and 200 said plan. North 45 degrees 35 minuteS 12 lI'eCOnds West. a distance of 253.31 feet 10 a point. tile Place of Beginning. CONTAINING 1.3900 acres llCCOrding to a subdivisioll plan by Carl D. Beet. R.S., dated April 22, 1977, recorded August 17, 1m in Cumberland Comlly Plan IlooIc 30, Page 148, and being desigsatcd as LoI No.2 Ihereon. TITLE TO SlIBJECt PREMISES IS VESTED IN Donna M. Berdoicl:: by reason of the following: BEING THE SAME PREMISF,S wllJcl1 Kenneth M. Winebrenner and Susan M. Winebrentler, his wife by Deed dated 3/20/1998 and rCCOf'ded on 3/2311998 in the Coonly of Cumberland in Deed Boo1:: 173 page 1060 conveyed unlO Peter Berdnlc\( and Donna M. Berdn". his wife. AND THE SAID Peter Berdnlck died On 1112712000 whereby title 10 said premises became vested in DOllllll M. Ber<lnicli. by operatlon of law and right of survivorship. PROPERTY ADDRESS: 457 WEST MAIN STREET, WALNUT BOTTOM, P A 17266 TAX PARCEL: 41-12-0326-063 -kj. ~ ~ ~ ~u ~ ~ ~ r ~ ~ ~ f? n rOt..-- ~ \ ~ R' \'" ~ 9t 8: ~ %~ u' ?: i~~ OJ'? 1\ -cl -(;~ -;t,", U __I "26 :;.:; \. ..-~, (.:-:. '-" '., ::.!. w .' e- N ----- (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY VANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, FA, SII/I TO HOMESIDE LENDING, INC. 11200 WEST P ARKLAND AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-352 CIVIL TERM DONNA M. BERDNICK A/K/A DONNA M. GOODHALL Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you 0 ~,l P 2UI!( . If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG. ESOUlRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST nON 1617 JOHN F. KENNEDY BLVD., SUITE 400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORM nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISC ARGE IN BANKRUPTCY AND 1BIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND HOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT 0 A LIEN AGAINST PROPERTY."" . ( PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSU ) P.R.C.P.3180-3183 WASIDNGTON MUTUAL BANK, F.A., SIIfI TO HOMESIDE LENDING, INC. Plaintiff, v. No. 05-352 CIVIL TERM DONNA M. BERDNICK A/KIA DONNA M. GOODHALL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $73,1I 7.74 Interest from 4/4/05 to SEPTEMBER 7, 2005 (per diem -$12.02) $1,875.12 and Costs TOTAL $74,992.86 ~ G.1rL.d~ DANIEL G. SCHMIEG, ES UIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of t e plaintiff. It ma not be sold in the absence of a re resentati e 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 t present at the sale. on r-- Q ~ Q E-< U rA' " Z Sl tl. '" ~ 0 ...1 ... ... ~ < E-< := '" ...;:$ ~ ~ z ~ 0 oz 0 0 "'~ '" ~ ~ . " <"" -<0 ;;;l ~;;... ":Z ~ U ~ -d """, 0) ::i .... < ~'E: ~ tl.z Z 0 0) Zz ~~ ~ == ... en o~ Z '" ~ 0) ;:!Stl. 0 ... 0 .!:l ~~ ~ 0-'; E-< 10' ;:!S . ~~ .., o~ ~ E-< .. '" S <.i Slr2 E-< UZ ;;;l...1 en .. ~~ '" .... ...;;;l E-<~ < ~ 0) 00 ;;;l~ ~~ ~ ~ u ;:!Si;J ~ 01:: 0- !;2~ U .... 0) z~ ... 0 ClO i) ... .... ;;;l~ 0;:!S Z ~6 ~ 8 ill E-<O ~ tl. Vi ,,:= ... U en Zo ~ 0) ~~ ~ ~ ] .f3 :=~ tilE-< ~ ~ .:>- N >-~ ~ VI .~ CT- ~ tl. ~ '-..J ~ ...:r < ~ ......... ~.LJ9 cS ~~ u Z };it) -- Z t.L _c:_ - 0 gi!:: 0... ~ th 0 co Ji Cc WG, I ttUJ ~- - ;r::. ,,; -t- I-" ~ " L,- ~ ;,- '2 0 "'" "=> -::fA ""' '" 0 - ~ ~ '- "- - Q!-r( , , " ~J , - 'C) u! ~ .... - -..../ ~ .... - ~ 0J ~ ~ -....oJ! ('-> 0- ~ N I I I dJ 0 8 -- ......, -....9 ~ <l) ~ -....j ~ ~ - 0 f"Y) () fY) -.-J Vi ~~ ~ Vi ~ 11 11 OJ -..... I) ~ ~ ~ "(),. ~ 0 0L .......... . LEGAL DESCRIPTION , ALL THAT CERTAIN lot of land wid1.lhe improvemetllS thereon situate in South Newton Township. Cumberland County. PeM.Sylvania, bounded and described ti foUows: BEGINNING at a railroad spike in the ceJ1lerline of PelUlS)'lvania Route No. 174 (LR No. 35). also known as Walnut Bottom Road. said point being 312.98 feet ill a Nonheaslwardly direction along the cemc:rline of saki public road from its intersection with IDe centerline of LR 21007: thence along the ceruerline of PellllSylvlUlia Route No. 174, NOM 44 degree 47 minutes IS sccoods East a disumce of 221.82 feet to a railroad spike: thence by the dividlJ1g line between LoIS Nos. 2 and 3 on Ihe hereinafter mentioned plan of lots, Soutb 45 degrees 3' minutes 12 seconds East, a distance of 392.61 feel 10 an iron pin: Ihence by the Northern right-of-way line of tile Reading Railroad (90 feel wIde), South 54 degrees 49 minules 2j seconds West, a distance of 225.53 fell! 10 au iron pin; dlenee by the diViding line belween Lots Nos. I and 2 Oll ~d plan, North 4' degrees 35 minutes 12 liCCOOOS West, a distance of 253.31 fecllO a point. the Place of BegilllJing. CONTAINING 1.3900 acres according l/.} a subdivisioa plan by Carl D. Bert. R.S., dated April 22, 1977, recorded AuguS117, 1m in Cumberland County Plan Book 30, Page 148. and being desigllllted as LO( Nil. 2 lhereon. TITLE TO SUBIOCI' PREMISr-S IS VESTED IN Donna M. Berdlliek by reason of die folIowillg: BEING THE SA.ME PREMISF,S which Kelll1Cd1 M. Winebrenner and Susan M. Winei}renncr. his wife by Deed dated 3120/1998 and recOlded lID 3/23/1998 in the Connly of Cumberland in Deed Book 173 page 1060 conveyed unto Pclei' BerdJllcJc: and Donna M. BenlnicJc:. his wife. AND THE SAID Peter Berdnlck died ou llt27/WOO whereby title 10 said premises became vested in DOIlllll M. Bet<1oick by operation of law and right of survivorsbip. PROPERTY ADDRESS: 457 WEST MAIN STREET, WALNUT BOTTOM, PA 17266 TAX PARCEL: 41-12-0326,063 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, F.A., SIIII TO HOMESIDE LENDING, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION DONNA M. BERDNICK AlK/ A DONNA M. GOOD HALL NO. 05-352 CIVIL TERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to u sworn falsification to authorities. DANIEL G. SCHMIEG, E Attorney for Plaintiff C> c., '" '25 = cf' ~ ::-~ I CO "<J ::t: ~ -I :J:-n rnr=: -o(!l 'OT ?-}Q ~4;' -c'-n ~(~ '~cl: rt1 ~\ ?,5 .< <? ::' N - Request for Military Status Page I of I Department of Defense Manpower Data Center APR -04-2005 07 :41 :47 _ Military Status Report ., Pursuant to the Servicemen's Civil Relief Act of2003 <Last Name First Middle Begin Date I Active Duty Status I Service/ Ag ncy BERDNICK DONNA M. Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Ce Iter, the above is the current status of the Defendant(s), per the Information provided, as to all branche of the Military. ~w~U-~ Robeli J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense hat maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which i the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research will be done. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non- match. https:/ Iwww.dmdc.osd.milludpdrilowalsscra.prc _Select 4/4/ 005 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUITUAL BANK, F.A. SIIII TO NO 05-352 Civil CIVIL ACTION - LA HOMESIDE LENDING, INC., Plaintiff(s) From DONNA M. BERDNICK A/K1A DONNA M. GOODHALL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION (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: (al an attachment has been issued; (b) the garnishee(s) is enjoined fro paying any debt to or for the account of the defendant (s) and from delivering any property of the defenda t (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 himlher that he/she has been added as garnishee and is enjoined as above stated. Amount Due $73,117.74 L.L. $.50 Interest FROM 4/4/05 TO 9/7/05 (PER DIEM - $12.02) - $1,875.12 AND COSTS Atty's Comm % Due Prothy $.100 Atty Paid $125.36 Other Costs Plaintiff Paid Date: APRIL 8, 2005 CURTIS R. LONG (Seal) Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103,1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 WASHINGTON MUTUAL BANK, F.A., S/I/I TO HOMESIDE LENDING, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DONNA M. BERDNICK AlKlA DONNA M. GOODHALL NO. 05-352 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WASHINGTON MUTUAL BANK. F.A., S1I/I TO HOMESIDE LENDING. INC., Plain 'ffin the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date th Praecipe for the Writ of Execution was filed the following information concerning the real property 10 ated at 457 WEST MAIN STREET, WALNUT BOTTOM, PA 17266. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DONNA M. BERDNICKAlK/A DONNA M. GOODHALL 181 WEST STAFFORD ROAD STAFFORD SPRINGS, CT 06075 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record Ii n on the real property to be sold: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) MEMBERS FIRST FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, P A 17055 4. Name and address of last recorded holder of every mortgage of record: Name Last Known 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 Last Known Address (if address cannot e reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property an whose interest may be affected by the sale. Name Last Known Address (if address cannot e reasonably ascertained, please indicate) COMMONWEALTH OFPA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTENTION: JOHN MURPHY 6TH FLOOR, STRAWBERRY SQUA DEPARTMENT 280601 HARRISBURG, PA 17128 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 7. Name and address of every other person of whom the plaintiff has knowledge who has a y interest in the property which may be affected by the sale: Name Last Known Address (if address cannot b reasonably ascertained, please indicate) Tenant/Occupant 457 WEST MAIN STREET WALNUT BOTTOM, PA 17266 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my per onal knowledge or information and belief. I understand that false statements herein are made subj ct to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 7. 2005 DATE h-r~~ G .lrL~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff () ~:;; ~ c;.' e.r> ~ ~t:) \ cO {- c' C.. ~; ...<. ------ ~ ~,,~ -oM:! -Af q,,,, ~1':-'t; (:,)(~ krn '-:3 ,"" ~ ..", ..-:":" -~... 0- ;r;:- t'> - . W A8HINGTON MUTUAL BANK, F.A., 8/III TO HOMESIDE LENDING, INC. Plaintiff, CUMBERLAND COUNTY No. 05-352 CIVIL TERM v. DONNA M. BERDNICK AlK/A DONNA M. GOODHALL Defendant(s). April 7, 2005 TO: DONNA M. BERDNICK AIK/A DONNA M. GOODHALL 181 WEST STAFFORD ROAD STAFFORD SPRINGS, CT 06075 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO ATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHA GE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONST: UED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at 457 WEST MAIN STREET WALNUT BOTTOM P 17266 is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cu berland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgme t of $73,117.74 obtained by WASHINGTON MUTUAL BAN F.A. SIIII TO HOMESIDE LENDING INC. (the mortgagee) against you. In the event the sale is continued, an armouncement will e 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 Sheriffs Sale, you must take immediate action: J. The sale will be cancelled if you pay to the mortgagee the back payments, late harges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike judgment, if the judgment was improperly entered. You may also ask the Co postpone the sale for good cause. r open the to 3. You may also be able to stop the sale through other legal proceedings. . You may need an attorney to assert your rights. The sooner you contact one, the ore chance you will have of stopping the sale. (See notice on page two on how to obtain an attomey. 3. The sale will go through only ifthe buyer pays the Sheriff the full amount due i the sale. To find out if this has happened, you may call (717) 240-6390. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OT RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bid er. 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 inadequate compared to the value of your property. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the property as ifthe sale never happened. 5. You have the right to remain in the property until the full amount due is paid to t e Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedin s to evict you. 6. You may be entitled to a share of the money which was paid for your house. As hedule of distribution ofthe money bid for your house will be filed by the Sheriff within 30 days ofth sale. This schedule will state who will be receiving that money. The money will be paid out in accord nce with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed w th the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, . f you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE ISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma n t be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present a the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 . LEGAL DESCRIPTION ALL THAT CERTAIN 101 of land with the improvements !hereon situate in South Newton Township, Cumberland County, PCIU1Sylvallia, bounded and described as follows: BEGINNING at a railroad spike in the cenlerline of Pel\l1S)'lvanla Route No. 174 (LR No. 35). also known as Walnnt 1lo<<om Road, said point being 312.98 feet in a Nonheastwardly direction along the cenu:r1iJU: of said public road from its intersection witb the centedine of LR 21007; thence aJ.ong the cemerliDe of PellllSylvauia Route No. 174. Nonh 44 degree 41 minutes 15 seconds East a di~ of 221.82 feet to a railroad spike; Ih~e by the dividing line between loIS NOlI. 2 and 3 on the hereinafter mentioned plan of lots, Soutb 45 degrees 3S minutes 12 seconds ElIst, a distance of 392,61 feel to an iron pin; thence by the Northern right-Of-way line of the Reading Railroad (90 feet wide). South 54 degrees 49 minutes 25 seconds West, a distance of 225.53 feet 10 an iran pin; tbence by the dividing line between Lots Nos. I and 2 on said plan, North 4S degrees 3S minuleS 12 seconds West, a distance of 253.31 feet 10 a point, the Plat:e of Beginning. CONTAINING 1.3900 acres according to a subdivision plan by Carl D. Bert. R.S., dated April 22, 1971, recorded August 17, 1971 in Cumber1aud County Plan Book: 30. Page 148, and being designated as LOt No. 2 thereon. TITLE TO SUBJECI' PREMISES IS VESTED IN Donna M. Berdnkk by reason of the following: BEING THE SAME PREMISF.8 which Kenneth M. Winebrenner and Susan M, Winebrenner, his wife by Deed dated 312011998 and recoo1ed on 3/23/1998 in the County of C\Jmberland in Deed Book 173 page 1060 conveyed uOlO Peter Berdniek and Donna M. Berdnick, bis wil'e. AND THE SAID Peter Berdnlek died on 11127/2000 whereby title to said premises became vested io DOllIIa M. Berdnicl;, by operation of law and right of survivorship. PROPERTY ADDRESS: 457 WEST MAIN STREET, WALNUT BOTTOM, P A 17266 TAX PARCEL: 41-12-0326-063 Cl ~.:; ,..., ~~ eft !.O :;,J I cO "r,;.: \~'" C.' ( c 3 -0 ::l: o ;- N 9. ~-r'I l"~ :'j '9 ~b - '-T, :.~-r:. -1'\ (':'-J-C") ..? tl1 9 "" :~ PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA, S/I1I TO HOMES IDE LENDING, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. CIVIL DIVISION DONNA M. BERDNICK AIKI A DONNA M. GOODHALL NO. 05-352 CIVIL TERM Defendant MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, DONNA M. BERDNICK AlKJA DONNA M. GOODHALL , by certified mail and regular mail to 457 WEST MAIN STREET, WALNUT BOTTOM, PA 17266, 30MASHAPAUG ROAD, UNION, CT 06076 and 181 WEST STAFFORD ROAD, STAFFORD SPRINGS, CT 06075, and in support thereof avers the following: 1. A Sheriff s Sale of the mortgaged property involved herein has been scheduled for 917105. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C,P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant with the Notice of Sale have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". 4. Pursuant to Pa.R.C.P, 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B", WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa,R.C.P., Rule 430 by certified and regular mail to 457 WEST MAIN STREET, WALNUT BOTTOM, P A 17266, 30 MASHAP AUG ROAD, UNION CT 06076 and 181 WEST STAFFORD ROAD, STAFFORD SPRINGS, CT 06075. By: CLIENT: Foreclo:sure Review Services Inc. . WASHINGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING, INC. INDEX NO.: 0531;2 Cum bland County Plaintiff(s), Petitioner(s) RETURN DATE: !1/7/2005 against DONNA BERDNICK A1K1A DONNA M. GOOD HALL Defendant(s). Respondent(s) AFFIDAVIT OF ATTEMPTED SERVICE STATE OF CONNECTICUT: COUNTY OF HARTFORD I. Steven Duclos being duly sworn according to law upon my oath, depose ,and say, that deponent is nol a party to this action, is over 18 years of age and resides in Yanlic, CT. I hereby certify and relurn Ihat today, Augusl1, 2005 at 5:20 PM, I completl~d making due and diligent service attempts for the within named Donna Berdnick at 30 Mashapaug Road, Union, CT. I' have been unable 10 locate the Wilness/Defendant. I therefore return this Endeavor without service upon Donna Berdnick. Attempts were made per the following notations: 7/27/05 @8:05 P.M. the location of 30 Mashapaug Road, Union is a single-family house. No one is home. Saturday, 7/30/05 @ 9:10 A.M. no one is home. 8/01/05 @ 5:20 P.M. no ,one is home. The occupants may be away. Directory assistance has a listing of 860-684-5521 for D.T. Goodhall at this location. Several attempts to leave messages were made. The phone just rings. ed. I am aware that if any of I certify that Ihe foregoing statements made by me are true, recl a the foregoing statements made by me are willfully false, m subje 55 Server 1lI11111 IZIAN,""" i:f "'..,..........,'k',,'" ~-:.~ V.' .~V.A'\~ S'~:... T '"y~ €i;j!~O i1lt~.~% ;;~i p~ ;;: -e- :N~ "'*' : ~ % \P~'BL\C /*$ <:::0 " U .::: ~C'A', ,,'~.f "'",y..v"7t'.",,,,,c,\:),,,-:" "'11 1Vc:l..t \ ,,'\\" 1IIIIJIIIlU:n\." AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL BANK, F,A., 8/III TO HOMESIDE LENDING, INC. DONNA M, BERDNICKAIKlA DONNA CUMBERLAND COUNTY PJT No. 05-352 CIVIL TERM DEFENDANT(S) M, GOODHALL ACCT. #8471265143 SERVE DONNA M. BERDNICK AIKlA DONNA M, GOODHAll AT Type of Aetlon - Notice of Sheriff's Sale 181 WEST STAFFORD ROAD STAFFORD SPRINGS, CT 06075 Sale Date: SEPTEMBER 7, 2005 SERVED Served and made known to . Defeodant, on the day of .200~ at . o'clock_.m, at . Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult limDly member with whom Defendant(s) resideCs). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give uamc or relationship, Manager/Clerk of place oflodging in which Defendant(s) resideCs), Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age_ Height _ Weight _ Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personaIIy handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set furth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _ day of .200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES, INDICATE DATES ,!(o TIMES OF SERVICE AITEMPTED. On the 20th day of May NOT SERVED .2002.., at 9 : 00 o.clockl2.....m., DclCndant NOT FOUND because: x Moved Unknown No Answer Vacant l't Attempt: 4 /15 / 05 Time: 8: 40 PM 3rd Attempt: 5 / 20 / 05 Time: 9: 00 PM 2nd Attempt: 4 1 2 1 /05 Time: 7: 3 0 AM Sworn to and subscribed before me this .2.3..J::dday of Mav .200~. ~ ~ NO~~ By: "<\ --- Attomev for Plaintiff E r i . Rub i n Daniel G, Sehtnieg, Esquire - I.D. No. 61205 Ks!li1iily,FJibin Nlil1~1(.:POBIJC '?('MiOt~neclicut ~~ri!r'l1l.1~S1~1/ni AFFIDA VlT OF SERVICE PLAINTIFF WASHINGTON MUTUAL BANK. F.A.. SM TO HOMESIDE LENDING. INC. DEFENDANT DONNA M. BERDNICK AIKIA DONNA M, GOODHALL SERVE DONNA M. BERDNICK AIKIA DONNA M, GOODHALL AT: 457 WEST MAIN STREET WALNUT BOTTOM. P A 17266 COUNTY CUMBI:RLAND ACCT, #8471265143 COURT NO.: 05-:152 CIVIL TERM TYPE OF ACTIO!~ XX Notice of Sheriff's Sale SALE DATE: SEI'TEMBER 7. 2005 SERVED , Defendant, on the _ day of , 200_, at _, o'clock _' M., , Commonwealth of Pennsylvania, in the manner described below: Served and made known to at _ Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place oflodging in which Defendant( s) reside( s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. NOTARW.SEAL B . lUCIUEH.CARTY,NlIMNII y. T~~~ NOT SERVED My. Nlll1O, 5'''~O , 200~t ~ o'clock f M., Defendant NOT FOUND because: No Answer t Vacant Sworn to and subscribed before me this _ day of , 200_. Notary: tJ~ On the ,;?,;; day of ~ tJ E:'-. Moved Unknown Other: Sworn to and subscribed -- before me this ~.&y of -::r;. .... ,200~. Notary: ~ WMJa By ~cl A TrORNEY FOR PLAINTIFF DANIEL lY. SCHMIEu, KS(JUIKE 1.D.#62205 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd,; Suite 1400 Pblladelphi!',.!'A 19103-181. (215)563-7000 -~-"" . . SKN Data Research Inc. AFFIDAVIT OF GOOD FAITH INVESTIGA nON File Number: Attorney Firm: Subject: 14-1739 PHELAN HALLINAN & SCHMIEG, LLP Donna M. Berdnick Current Address: 30 Mashapaug Road Union CT 06076 Property Address: 457 West Main Street Walnut Bottom PA 17266 Mailing Address: 30 Mashapaug Road Union CT 06076 I, Scott Nulty, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts ofthe above-noted individual(s) and have discovered the foIlowing: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and ,oorrect. Donna M. Berdnick - 043-52-4252 B. EMPLOYMENT SEARCH Donna M. Berdnick- A review ofthe credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Donna M. Berdnick rcside(s) at: 30 Mashapaug Road Union CT 06076. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 6/17/2005 our office contacted directory assistance which indicated that Donna M. Berdnick reside(s) at: 30 Mashapaug Road Union CT 06076. Our office made a telephone call to the mortgagor's phone number and received the foIlowing information: 860-684-5521; spoke with subject who confirmed address. Ill. INQUIRY OF NEIGHBORS On 6/17/2005 our office attempted to contact neighbors; they were not able to verify that Donna M. Berdnick reside(s) at: 30 Mashapaug Road Union CT 06076. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 6/17/2005 we reviewed the National Address database fmd found the foIlowing information, Donna M. Berdnick - 30 Mashapaug Road Union CT 06076 B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: No addresses on file. V. DRIVER LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable, to obtain address information on Donna M. Berdnick. VI. OTHER INQUIRIES A. DEATH RECORDS As of 6/17/2005 Vital Records and all public databases have no death record on file for Donna M. Berdnick. B. COUNTY VOTER REGISTRATION The Cumberland County Voter registration was unable to ,oonfirm a registration for Donna M. Berdnick residing at: last registered address. C. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.) Our office conducted a search for public licenses and found the foIlowing: No records on file. PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D, No.: 62205 One Penn Centef Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney fOf Plaintiff WASHINGTON MUTUAL BANK, FA, S/I1I TO HOMESIDE LENDING, INe. ClIMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. CNIL DNISION DONNA M, BERDNICK AIK.J A DONNA M. GOODHALL NO. 05-352 CNIL TERM Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedw'e, Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises, Specifically, Pa.R.C.P., Rule 3129.2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are s,et forth in the affidavit required by Rule 3129.1. (1) Service of the Notice shall be made: (i) upon a defendant. . . (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the marmer prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service carmot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, DONNA M, BERDNICK NKI A DONNA M. GOODHALL ,are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made, Note: A Sheriffs Return or Affidavit of Service of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs.Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address. Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers ofthe defendant and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavit of Return of Service, marked hereto as Exhibit "A", the Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa,RC.P" Rule 430 by certified and regular mail to 457 WEST MAIN STREET, WALNUT BOTTOM, P A 17266, 30 MASHAP AUG ROAD, UNION CT 06076 and 181 WEST STAFFORD ROAD, STAFFORD SPRINGS, CT 06075. Respectfully submitted, SCHMIEG, LLP By: , ESQUIRE VERIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take the verification and that the statements made in the foregoing Motion for Service of Notice of Sale pursuant to Special Order of Court are true and correct to the best of his knowledge, information and belief, The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authori ies. Date: August 17. 2005 ~G SQUIRE PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G, SCHMIEG, ESQUIRE Attorney I,D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA, S/IJI TO HOMESIDE LENDING, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. CIVIL DIVISION DONNA M. BERDNICK AIKI A DONNA M. GOODHALL NO, 05-352 CIVIL TERM Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy ofthe foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Me:IDorandum of Law, Certification of Service and Verification in the above captioned matter was sl~nt by first class mail, postage prepaid to the following interested parties on the date indicated below. DONNA M, BERDNICK A1K1A DONNA M. GOODHALL 457 WEST MAIN STREET WALNUT BOTTOM, PA 17266 30 MASHAPAUG ROAD UNION, CT 06076 and 181 WEST STAFFORD ROAD STAFFORD SPRINGS, CT 06075 Date: August 17.2005 Phelan Hallinan & Schmieg, LLP Suite 1400 One Penn Center Plaza Philadelphia, PA 19103-1814 Phone (215) 563-7000 Fax (215) 563-5534 Paul M. Boccuti, Legal Assistant Sales Department Representing Lenders in Pennsylvania and New Jersey DONNA M, BERDNICK AIK/ A DONNA M. GOODHALL 457 WEST MAIN STREET WALNUT BOTTOM, P A 17266 30 MASHAPAUG ROAD UNION, CT 06076 and 181 WEST STAFFORD ROAD STAFFORD SPRINGS, CT 06075 Re: WASHINGTON MUTUAL BANK, FA, S/III TO HOMESIDE LENDING, INe. vs. DONNA M, BERDNICK AlK/A DONNA M. GOODHALL No. 05-352 CIVIL TERM Premises: 457 WEST MAIN STREET, WALNUT BOTTOM, P A 17266 Dear Sir/Madam: Enclosed please find Plaintiff's Motion for Service of Notice ofSa1e Pursuant to Special Order of Court and proposed Order. Very truly yours, By: fcuJtJ1. g~ Paul M. Boccuti (') c- N c~ C~) <:J" 'P" C: C;") N 0) 2; -:'< ~ :.>.... Q, ~." f11t: :g<~J -C:,),C) -- ,-y, \ --1 f .-.;(7 >)[11 ~::i <:'"CJ '-< <-f! .r:- iRECEIVED AUG 252005 J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, FA, SIIII TO HOMES IDE LENDING, INC. CIVIL DIVISION Plaintiff v. NO. 05-352 CIVIL TERM DONNA M. BERDNICK AIKI A DONNA M. GOODHALL Defendant ORDER AND NOW, this ~br:ay of ~ 2005, upon consideration of Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service ofthe Notice of Sale on the above-captioned Defendant, DONNA M, BERDNICK A1KJA DONNA M. GOODHALL ,by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to 457 WEST MAIN STREET, WALNUT BOTTOM, P A 17266, 30 MASHAPAUG ROAD, UNION, CT 06076 and 181 WEST STAFFORD ROAD, STAFFORD SPRINGS, CT 06075. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Protho ffice an Affidavit of service, T: J. ~:f It ~ f ~ ,"- }} \i(~\\:i/\:)S:\J~{3d A1~H:(/. ..~\::~.::~:rtlJ S I :Z 1,ld os 'Jrw SGOl ^'dVlDi'tOHICU:l 3m :10 3813:!0-0311:1 PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL SCHMIEG, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, SIIII TO HOMES IDE LENDING, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 05-352 CIVIL TERM vs. DONNA M. BERDNICK NK/A DONNA M. GOODHALL AFFIDAVIT I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to DONNA M. BERDNICK AlKlA DONNA M. GOODHALL on 9/12/05, at 457 WEST MAIN STREET, WALNUT BOTTOM, PA 17266, 181 WEST STAFFORD ROAD, STAFFORD SPRINGS, CT 06075, and 30 MASHAPAUG ROAD, UNION, CT 06076 in accordance with the Order of Court dated 8/30/05, The undersigned understands that this statement is made subject to the penalties of 18 P A C.S. s 4904 relating to unsworn falsification to authorities. 'f}~fl J~' DANIEL G. SCHMIEG, ES~ Date: September 14. 2005 <2:. ~ "'00:); ~~.> ':tee" ~~:::. c........ "'-'c 1?;..;.:) 1p(:;; -~ ~ '* ~ ~~ ~ --o~, -v -1)'< .... -~q. d' :C~ ~ (~\'" "" tf. ~ ce, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, FA, ) CIVIL ACTION S/VI TO HOMESIDE LENDING, INC. ) vs. ) CIVIL DIVISION DONNA M. BERDNICK A/KIA DONNA ) NO. 05-352 CIVIL TERM M. GOODHALL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for WASHINGTON MUTUAL BANK, F.A., SII/I TO HOMESIDE LENDING, INC. hereby verify that on 4/12/05 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 2,2005 G~ / .~.. //V~ ~~:~;~ ~~ ~;;Q,~S~~_~ WASHINGTON MUTUAL BANK, F.A., S/III TO HOMESIDE LENDING, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DONNA M. BERDNICK AJK/A DONNA M. GOODHALL NO. 05-352 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, I) WASHINGTON MUTUAL BANK, F,A., SIIII TO HOMESIDE LENDING, INC., Plaintiff in Ihe above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as oflhe date the Praecipe for Ihe Writ of Execution was filed Ihe following information concerning the real property located at 457 WEST MAIN STREET, WALNUT BOTTOM, PA 17266. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DONNA M. BERDNICK AlKI A DONNA M. GOODHALL 181 WEST STAFFORD ROAD STAFFORD SPRINGS, CT 06075 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address carmot be reasonably ascertained, please indicate) MEMBERS FIRST FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 4. Name and address of last recorded holder of every mortgage of record: Name Last Known 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 Last Known Address (if address carmot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTENTION: JOHN MURPHY 6TH FLOOR, STRAWBERRY SQUARE DEPARTMENT 280601 HARRISBURG, PA 17128 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 457 WEST MAIN STREET WALNUT BOTTOM, PA 17266 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 7. 2005 DATE lffYnd! (, .lr A_ '~~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff .,,-l ~E. ...... - .- .-' - - .'Z V> P. v> ..., - '" i\ "," ~s, V> \ "'.... l~ 2.'Z ..\ .". %.a. ~.. . & . . o ~ ?> ~ '?i) ~ ~ '71 ~ ?> '0 ~ ~ )0- 9. ~ ~ 0 9, 0 i g :;: ~ " t'" - i~ 3'~ . ~ ~~ , ?Zt;.&~;\ 8j3~.a ,. "itl-::1!lg~ ~~ S ~ it' ~ ~ ';:-~;; p..':1'~. ~.;1 ;g ~ ~ ~ ~, N'3 ..... 0 '::Ii ...... ......,...... 0 g'~8~i -~. "oj[ ~.-,,8'3 - ~ ~.-o t ~ ~ G il-" ..-,% ;a,~%gi ~ ~i ~ g @ s\,->O::;l e, ~ ~"'~~;;: ,. '6;;r ~ 0 ~ill\ N ~ ~,ttI 0' ~.%~ ~ s ~.*;. %.Hli ij" -.. ",~.;;:g. .~ ~ ~ ~~it'a ~.~~~' ""\\~ ~go'i. ~ih ~. gSl ~:<: ..' ~~n '%0" V>o~~ it l;;.a ~S' .'$~ " a g- 8~ 1.~ .""'':Z ~~ '" <YO -.l '" V' P. v> ..., - t'" ~. 0....2. ....,0.1: (/l0.1l " ... " ::s ~ ~ g-rI')~ ... 0. )> a. " iO z e 3 .,. .. "' ~_o~ ~2::~~ ",-l~r'< t.~g~ j;;'~O;::: -~ ~ ?: ~ ,;>>""Ir ~%?2 6~~~ 'ftd~ .....o"?? ~f.'lcn -+=--~;-o() ~~~~ ..' ::to ~ """ (/) 0 rn ~ 8.~ 0 o-l - . ~ ~ ::- ~..(::::. r .g '" ;.,; .. '" . "" ~% ~~ \8 ~ ~ 8 S l ~i ~~ ~\ \ ~\ \ \ ~ '!l ~ ~ ~tt'l ~ R ~ ~ ~ ~o ~~ flt; o-l <;a o-l s: I p"" ~~ (/)';1< "" ~ ';I< o-l ~@ gt1 ~Q, g ~ Q, ~ ~ Zot'" ,-.'6'\ ~"" \d t; "" v:> ~ 9'0 ~$ l>l?> p ~ ~ Q, 1 ~~ ~~ ~~ ~ '!; ~ % 1 ~~ ~ 9~ ~ ~ ~tt'l ~ @_ tt'l 00 c:; ti s; o~ ~ 1%"1% '5 't:\ " _"" t'" o-l o-l Z?' '0 ?>('l ~;"'>;2 - tt'l \;l ('l ;:\?A ~. ~8 9. i=\ ~ 0 ",G <. "'e '0 -" Q 2 ~a ~ i~ ~ ~ \Q ~ "'$ % ~~ '6'\ ';:l '6 ~ B 3 ~-z % ~ ~ ~ ~ ~ p\ ~ ~ e ~ ~ _~ ~;::~z ?' "":;! _~('l ~ ~ - 0 'Ao "" ~Q ::, '6 ~ S <YO o-l \i, 'Jl \d ~ ~ ~ ~ '" ~ ~ :; ~ ~ ~ ~ ~ g i ~-; ~ ~ ~ '0 ~~ ~\B % e ~ ~~ 'Jl '@.... 0 ?> ~ ~ ~ -~~ <YO ~ - ;;; ~ ~ ~ ",,43 POSr4" ,co "'" . fiJ -... -, . !l II.'; ~=:~: - ~ "kv ......-- pnHE'i ft,(>WES 02 1A $ 02.100 0004000017 APR , 2 2005 MAILED FROM ZIP coDE , 91 0" n C'~ "" c:::) .:;.;;;< CJ1 o 'T1 .... ~- ~,'- -n f1,p ~~!:n .'- 'r) ~~,~ S) -.- " rj i-~~ 011"\ z::;~l :.a -< ~ -. . C) ...~: <::) :2 -- ,,) 1'-..) N PHELAN HALLINAN & SCHMIEG, LLP BY: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (71 ~) ~1i1-7000 WASHINGTON MUTUAL BANK, FA S/IJI TO HOMESIDE LENDING, INC. Plaintiff Attorney for Plaintiff : COURT OF COMMON PLEAS : CNILDNISION Vs. : CUMBERLAND COUNTY, PENNSYLVANIA DONNA M. BERDNICK NKIA DONNA M. GOODHALL : No. 05-352 Defendant( s) PI.A INTIFF'S MOTION FOR A nmTION A J. mSTR1RI [nON OF SA J ,R PROCRRns I. Plaintiff commenced the instant action by the filing of a Complaint in mortgage foreclosure on January 20, 2005. A true and correct copy of the complaint is attached hereto and marked as Exhibit "A". 2. The property at issue is 457 West Main Street, Walnut Bottom, PA 17266. Hereinafter referred to as "The Property." 3. Defendant failed to file an answer to the Complaint and a Default Judgment was entered on April 8, 2005. A true and correct copy of the judgment is attached hereto and marked as Exhibit "B". 4. Plaintiff entered Judgment in the amount of$73,117.74 and submitted a Praecipe for Writ of Execution, thereby causing the mortgaged property to be listed for Sheriffs Sale on December 7, 2005. 5. The property was exposed to Sheriffs Sale on December 7, 2005 and purchased by a third party for the sum of$93,000.00. 6. Since the time of the filing of the Complaint and Judgment, Plaintiff has expended additional sums to pay real estate taxes and hazard insurance premiums and other costs collectable under the Note and Mortgage relative to the mortgaged property. 7. Said expenditures inured to the benefit of all other parties who have an interest in the property. 8. Plaintiff is entitled to be paid these additional sums from distribution of the sale proceeds in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing the Sheriff of CUMBERLAND County to distribute the sum of $84,637.13 to the Plaintiff. PHELAN HALLINAN & SCHMffiG, LLP Date: fannary 9 :WOfi By: -771-<-cL mc;=S~ Michele M. Bradford, Esquire Attorney for Plaintiff fXhiblf A PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN. ESQ., ld. No 32227 fRANC IS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA. SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMES IDE LENDING, INC. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. U- -3.r~ (J(.J:tT~ CUMBERLAND COUNTY v. DONNA M. BERDNICK AIKI A DONNA M GOODHALL 457 WEST MAIN STREET W ALNUf BOTIOM, P A 17266 ~ () ~ --n CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ?2~ '- Defendant :::'^'~ d"'= ['oj o I..D .r:- eo You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or reliefrequested 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 MAYBE AilLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. NOTICE libY certrry ttle We l'\8f be a We I1nd within to rrect copy ot the . ~Qina\ "led at feco~ Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 , ATTORNPt' FI LE GOPY PlEASE RETURN File #: 9893\ PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 ATIORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY v. DONNA M. BERDNICK AJKJ A DONNA M GOODHALL 457 WEST MAIN STREET W ALNlIT BOTIOM, P A 17266 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 LA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 98931 1. Plaintiff is WASHINGTON MUTUAL BANK, FA, S/lIl TO HOMESlDE LENDING, INe. 11200 WEST PARKLAND AVE. MILWAUKEE. WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: DONNA M. BERDNICK AJKJ A DONNA M GOODHALL 457 WEST MAIN STREET W ALNUf BOTTOM, P A 17266 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/20/1998 PETER & DONNA M. BERDNICK made, executed and delivered a mortgage upon the premises hereinafter described to BARNETT MORTGAGE COMP ANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1439, Page: 500. By Assignment of Mortgage recorded 9/14/98 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 588, Page 256. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments ofpnncipal and interest upon said mortgage due 04/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 98931 6. The following amounts are due on the mortgage: Principal Balance Interest 03/01/2004 through 01/13/2005 (Per Diem $13.41) Attorney's Fees Cumulative Late Charges 03/20/1998 to 01/13/2005 Cost of Suit and Title Search Subtotal $65,280.93 4,277. 79 1,250.00 122.20 $ 550.00 $ 71,480.92 Escrow Credit Deficit Subtotal 0.00 537.20 $ 537.20 TOTAL $ 72,018.12 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The mortgage premises are vacant and abandoned. 9. Plaintiff hereby releases PETER BERDNlCK from liability for the debt secured by the mortgage. 10. By virtue of the death of PETER BERDNICK on 11/27/2000, DONNA M. BERDNICK became sole owner of the mortgaged premises as surviving tenant by the entireties. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 72,018.12, together with interest from 01/13/2005 at the rate of$13.41 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP 1--/L~ WoJk. 0---- By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 9893 1 ALL that certain lot of land w11h \l19 Improvamanl.s IhflfBOn slwate in South Nawton TawrlShip, Cumberland Counly, PBM5)llvanIa, bounded and d<l:laille<f 3!J folk>wa: BEGINNING at II railroad spike In the cet1l.srllne 01 p8(lfISylvanle Route Ho. 174 (LR. No. 35), also l<nown lIS WllltwtllotIom Road, said polnt beirlg 312.93 roet In " n<ll1hea:llWardly d\redIon lllo11llll1o cenl9fline 01 said ptlbIic (olld from lIS intel'S<lctlon with the cMtOtllne of LR. 21007; thonca aIoog th6 oonterIioe of PomOJylV<lllia RalJte No_ 174. Nor1l'l44 degret'ls 47 /TliI'lUteS 15 second>: East. a al!ilaoce of 221.82 fOOl 10 " railroad spike; thenca by the dlviding line between lots Nos. 2 and 3 on tho hal'9inall.o( --.;.....-=---. monIiorlM pion at lots, South 4S degrees 3S mlnute6 12 seconds Ea6\, 0 di3lence of 292.61 fuel 10 an ltOn pin; Ih8nce by tho northern rigltt-of"'NllY Hoo of the Rao<1lng Railroad (oo feot wido), SOUIh 54 <If/groes '19 minutes 25 seeonds Was!, e di~C8 Of 225.53 feet 10 an iron pin; Ihenc8 by Ihe <UvIdlng Jin6 bolw""" Lots Nos. 1 lInd 2 on said plan, North 45 degrees 35 mlnutes 12 &aronds West, 1I dlstllllctl of 253.31 feet 10 a point, the Place of BEGINNING. CQNl'AINfNG 1.3900 1lCI'e$ BCCcr<lIng 10 It lIubdiviston plan by Call D- Be(!, R.S" datad Apnl22, 19n, ~9d AuQust 17, 19n In Cumbaclllnd CiJunty' Plan Book 30. Page 148, lIrld befng daslgMted as I.Ol No. 2lhareon. BEING tl\6 SQffil'l propllfty whlctI Cathy lee Clilre and Wallam Clites, en- axBCUtorS Qf tIla estatB of Arlhlr H.. Stane, gronte<l and ClX\VQyod 10 Karmelh M_ WiIl9Drenoar 3nd Susan M. Wln~. his WIfe, gtanlono h....oln. by deed dated March 15, 1993, and recorded in lhII OfflCft of Ih9 Rec:ordar of DBods for Cumb,,"and CoWlly, P<5tlrnJyNanla, in 000<1 Bool< "F", Volume 38, Palla 275. PREMISES BEING: 457 WEST MAIN STREET. VERIFlCA TlON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, thai Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and thai the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plainliff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verificalion from Plainliff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. c. S. Sec. 4904 relating to unsworn falsifications to authorities. .~~~ <;; 4//: Francis S. Hallman: Esquire Attorney for Plaintiff DATE: 1-1S~D5 Ex 11 /b;f B PHELAN HALLIN;\N & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 W ASIDNGTON MUTUAL BANK, F.A., SIIII TO HOMESIDE LENDING, INC. 11200 WEST PARKLAND A VENUE ~ MILWAUKEE, WI 53224 "nM\>,~:\f." .......-r \ I:f".f'-"'- - ...'t""; ~1,'~ f.f>..~' \ \.- . . -., Y' "< ., -. ."" .,:-' ; .> rn 12 :' Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION v. o NO. 05-352 CIVIL TE~:; .,'J>- t:F~F;. ,...., = = <.n :roo '" :;:0 I o:J ~ ii, ';""1Ii"f'~' ":":''.~~.-.i', c fn "< S:::. -u -,.,.. ..",. o -n :r! ::Jl' ~fn :ny> 00 ;:1...,__ /7) :!) '-0 ::z ~-n ~..:> I ' .4 .". ::0 .< DONNA M. BERDNICK A/KIA DONNA M. GOOD HALL Defendant(s). . ; ;~;;l: tt~ z -" -:: W J:" N PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DONNA M, BERDNICK AlKlA DONNA M. GOODHALL, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 1/13/05 to 4/4105 TOTAL $72,018.12 $1,099.62 $73,117.74 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~ G. ),r~~'~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~ {JL~ ~. PRO PROTHY PHELAN HALLINAN & SCHMIEG, LLP BY: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (71 ~) ~(i1-7000 WASHINGTON MUTUAL BANK, FA slur TO HOMES IDE LENDING, INC. Plaintiff Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY, PENNSYLVANIA DONNA M. BERDNICK NKlA DONNA M. GOODHALL : No. 05-352 Defendant(s) MRMORA NmfM OF LA W TN STTPPORT OF PT ,ATNTTFF'S RXCRPTTONS TO mSTRTRTTTTON ANn MOTTON FOR AnmTTONAT. mSTRTRTlTTON OF SA T ,F. PROCFF.nl'\ 1. FACTTTAL RACKc.ROTTNn The instant action was commenced by the filing of a Complaint in mortgage foreclosure on January 20, 2005. By reason of Defendant's failure to answer the Complaint, Default Judgment was entered on April 8, 2005. Plaintiffs damages were assessed in the amount of $73,117.74 at the time ofthe entry ofJudgment. Plaintiff also caused a Writ of Execution to be issued and listed the mortgaged property for Sheriffs Sale on December 7, 2005. The property was sold at the December 7, 2005 Sheriffs Sale to a third party for the sum of $93,000.00. Since the time of the filing of the Complaint and Judgment, Plaintiff has expended additional sums in order to pay real estate taxes, and hazard insurance premiums relative to the mortgage property, as well as other monies collectable under the Note and Mortgage. n. PLATNTIFF TS RNTITT.1W TO AN ORORR mRRrTING THR SHRRTFF TO mSTRTRTlTR AOmTIONAT, FTiNDS TO THR PT,ATNTIFF The Pennsylvania Rules of Civil Procedure do not provide Plaintiff with any remedy whereby the Office of the Sheriff can be directed to issue additional distribution following the initial distribution of sale proceeds after the sale of real property. The Superior Court of Pennsylvania has held in the case of RxtrHc'o MortVle<' v Willi"mR, 2002 Pa. Super. 246, 805 A.2d 543 (Pa. Super. 2002), that payments for taxes and insurance, and through implication, other costs collectable under the Note and Mortgage, made by a senior lienholder following the entry of Default Judgment on its Mortgage relate back to the date of mortgage for the priority. In the instant matter, Plaintiff has expended additional sums, including taxes and insurance premiums, relative to the mortgaged property to protect its collateral. In accordance with the holding in Rxtr"ro Mortg"et' v Wi11i"mR, these amounts are recoverable upon the distribution of sale proceeds and take priority over any amounts owed to junior lienholders. In addition this Court has plenary power to administer equity according to well settled principles of equity jurisprudence cases under its jurisdiction. C:hev"l v C:ity of Phihrlelphi", 176 A, 779, 116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them without encouraging technical niceties in the modes of procedure and forms of pleading. GlInnett V Trollt, 112 A.2d, 333, 380 Pa. 504 (1955). As such, Plaintiff submits that this Court should exercise it equity and discretion to allow the instant motion to be heard as it was promptly filed in anticipation of the distribution of proceeds of sale in this matter. Wherefore, Plaintiff respectfully requests this Honorable Court enter an Order directing the Sheriff of CUMBERLAND County to distribute the amount of $84,637.13 in distribution of the amounts realized from the sale. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: THnl'Hry 9, ?OOIi By: .777 -vc.f 7?-'j1. a~ Michele M. Bradford, Esquire Attorney for Plaintiff VF,RTFWA nON Michele M. Bradford, Esquire, hereby states that she is the attomey for Plaintiff in this action, that she is authorized to take this Affidavit, and that the statements made in the foregoing Plaintiffs Exceptions to Distribution and Motion for Additional Distribution of Sale Proceeds are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification of authorities. Dated: T "nn"ry 9. 700fi -;r,}'/ A<U 7J-f' 6-:;?~ Michele M. Bradford, Esquire PHELAN HALLINAN & SCHMIEG, LLP BY: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (71 ~) ~fi,-7000 WASHINGTON MUTUAL BANK, FA S/III TO HOMES IDE LENDING, INC. Plaintiff Vs. DONNA M. BERDNICK AIKI A DONNA M. GOODHALL Defendant( s) Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-352 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiff s Motion for Additional Distribution of Sale Proceeds was sent via first class mail to the following parties on the date listed below: DONNA M. BERDNICK AIKIA DONNA M. GOODHALL 457 West Main Street Walnut Bottom, P A 17266 Date: January 9,2006 Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: 77J..vc.t .7J./'<-;!?~ Michele M. Bradford, Esquire Attorney for Plaintiff ,-, ,';-. ..-1 ,.C. --;"1. 1'-. C... c. (., ~ PHELAN HALLINAN AND SCHl\UEG;LLP By: MICHELE M. BRADFORD, ESQ. Atty. LD. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 ATTORNEY FORPLAJNTITF WASHINGTON MUTUAL BANK, FA S/IJI TO HOMESIDE LENDING, INC. : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : CUMBERLAND County vs. DONNA M. BERDNICK NKlA DONNA M. GOODHALL : No. 05-352 Defendant EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R,C.P.. RULE 3136(d) And now comes Plaintiff, WASHINGTON MUTUAL BANK, FA S/I/I TO HOMESIDE LENDING, INC., by and through its counsel, Phelan Hallinan & Schmieg, LLP, and prays that this Honorable Court grant Plaintiffs Exceptions to Sheriffs Sale Distribution of Proceeds for the following reasons: I. The Plaintiff is WASHINGTON MUTUAL BANK, FA S/I/I TO HOMESIDE LENDING, INe., the holder of that certain Mortgage dated March 18, 1998 and recorded March 20, 1998 in Mortgage Book 1439 Page 500. 2. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings on January 20, 2005. Attached hereto, made a part hereof and market as Exhibit "A" is a true and correct copy ofthe Complaint in mortgage foreclosure. 3. On December 7, 2005, the premises located at 457 West Main Street, Walnut Bottom, PA 17266, was sold at judicial sale pursuant to Writ of Execution issued out of the captioned case. Attached hereto, made a part hereof, and marked as Exhibit "B" is a true and correct copy of the Praecipe for Judgment and Writ of Execution. 4. At the judicial sale, the property was struck down to a third party bidder for the amount of $93,000.00. 5. On or about'January' 6,2006, in accordance with Pa.R.C.P. 3136(d), the Sheriff issued' a proposed Schedule of Distribution, which distribution listed the Plaintiff as receiving $75,118.22. Attached hereto, made a part hereof and marked as Exhibit "c'" is a true and correct copy ofthe Sheriffs proposed Schedule of Distribution. 6. The Sheriffs proposed Schedule of Distribution fails to reference the proper amount to be paid to the executing Plaintiff. 7. Plaintiff believes and therefore avers, that it is entitled to proceeds in the amount of $84,637.13, as it has expended additional sums to pay real estate taxes and other costs collectable under the Note and Mortgage relative to the mortgaged property. The Superior Court of Pennsylvania held in the case of Extraco Mortgage v. Williams 2002 WL 1737474 (Pa, Super 2002), that payments for taxes, insurance, and other costs relate back to the date of the Mortgage for priority and that those amounts can be collected in distribution of third party sale proceeds even if they were not claimed in the mortgage foreclosure Complaint or included in the judgment amount. 8. Plaintiff is entitled to be paid these additional sums from distribution of the sale proceeds in this matter. The amounts due Plaintiff are as follows: Principal Balance Interest to December 7, 2005 Escrow Less Suspense Late Charges BPO Property Preservation fees Property Inspections Legal Fees/Costs Other fees due Previous Sheriffs Deposit(s) Previous Sheriff s Deposit Refund( s) Current Sheriff s Deposit $65,280.93 $8,648.69 $3,845.58 - $0.00 $513.24 $0.00 $135.00 $8.90 $4,501.69 $203.10 $0.00 - $0.00 $1500.00 Total $84,637.13 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order 'directing distribution to the executing Plaintiff in the amount of$84,637.13. Respectfully submitted, Date: January 13. 2006 PHELAN HALLINAN AND SCHMIEG, LLP By: 7Y}~ 7Jjl. ~ Michele M, Bradford, Esq. Attomey for Plaintiff PHELAN HALLINAN AND SCHMIEG, LLP By: MICHELE M. BRADFORD, ESQ. Atty. LD. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 WASHINGTON MUTUAL BANK, FA S/III TO HOMESIDE LENDING, INC. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CNIL DNISION Plaintiff : CUMBERLAND County vs. DONNA M. BERDNICK NKIA DONNA M. GOODHALL : No. 05-352 Defendant BRIEF IN SUPPORT OF PLAINTIFF'S EXCEPTIONS TO DISTRIBUTION I. FACTUAL BACKGROUND The instant action was commenced by the filing of a Complaint in mortgage foreclosure on January 20,2005. By reason of Defendant's failure to answer the Complaint, default judgment was entered on April 8, 2005. Plaintiffs damages were assessed in the amount of$73,117.74 at the time of the entry of judgment. Plaintiff also caused a Writ of Execution to be issued and listed the mortgaged property for Sheriffs Sale on December 7,2005. The property was sold at the December 7, 2005 Sheriffs Sale to a third party for the sum of $93,000.00. Since the time of the filing of the Complaint and judgment, Plaintiff has expended additional sums in order to pay real estate taxes, and hazard insurance premiums relative to the mortgage property, as well as other monies collectable under the Note and Mortgage. On or about January 9,2006, in accordance with Pa.R.C.P. 3136(d), the Sheriff issued a proposed Schedule of Distribution, which proposes to pay Plaintiff$75,118,22. The Sheriffs proposed Schedule of Distribution fails to reference the proper amount to be paid to the executing Plaintiff. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 3136( d) allows a party to file Exceptions to the Sheriffs proposed Schedule of Distribution within ten days. In the instant case, Plaintiff filed timely exceptions. The Superior Court of Pennsylvania held in the case of Extraco Mortgage v. Williams. 2002 Pa. Super. 246, 805 A.2d 543 (Pa. Super. 2002), that payments for taxes and insurance, and through implication, other costs collectable under the Note and Mortgage, made by a senior lienholder following the entry of default judgment on its Mortgage relate back to the date of mortgage for the priority. In the instant matter, Plaintiff has expended additional sums, including taxes and insurance premiums, relative to the mortgaged property to protect its collateral. In accordance with the holding in Extraco Mortgage v. Williams, these amounts are recoverable upon the distribution of sale proceeds and take priority over any amounts owed to junior lienholders. The facts of the instant case are identical to those in Extraco Mortgage v. Williams. In footnote 3 of that Opinion, the Superior Court explains that the second mortgagee is not harmed by the first mortgagee recouping the taxes and insurance from the Sheriff s sale proceeds. If the first mortgagee had not paid them, the second mortgagee would pay them by default. The Superior Court held that a foreclosing mortgagee is not required to file a Motion to Reassess Damages before Sheriff s sale in order to recover its advances on the loan. In addition this Court has plenary power to administer equity according to well settled principles of equity jurisprudence cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A, 779, 116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them without encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout, 112 A.2d, 333, 380 Pa. 504 (1955). As such, Plaintiff submits that this Court should exercise it equity and discretion to allow the instant motion to be heard as it was promptly filed in anticipation of the distribution of proceeds of sale in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing distribution to the executing Plaintiff in the amount of$84,637.13. Respectfully submitted, Date: Januarv 13. 2006 PHELAN HALLINAN AND SCHMIEG, LLP By: /JJ~mQ~..c..LP Michele M. Bradford, Esq. Attomey for Plaintiff PHELAN HALLINAN & SCHMIEG, LI:'P BY: MICHELE M. BRADFORD, ESQUIRE Identification No. 69849 One Penn Center At Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, FA S/IlI TO HOMESIDE LENDING, INC. Plaintiff vs. DONNA M. BERDNICK NKIA DONNA M. GOODHALL Defendant ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND County : No. 05-352 CERTIFICATE OF SERVICE I hereby certify a true and correct copy of the foregoing Exceptions to Sheriff's Sale was served by regular mail on: DONNA M. BERDNICK NKIA DONNA M. GOODHALL 181 West Stafford Road Stafford Springs, CT 06075 COMMONWEALTH OF P A BUREAU OF INDIVIDUAL TAX DIVISION, ATTN: JOHN MURPHY 6TH FLOOR, STRAWBERRY SQUARE DEPARTMENT 280601 HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 Date: Januarv 13. 2006 MEMBERS FIRST FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, P A 170555 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13 TH FLOOR SUITE 1300 1001 LffiERTY AVENUE PITTSBURGH, PA 15222 THE CUMBERLAND COUNTY SHERIFF'S DEPARTMENT 1 COURTHOUSE SQUARE CARLISLE, P A 17013 Respectfully submitted, PHELAN HALLINAN AND SCHMIEG, LLP By: 777~7?/0~ Michele M. Bradford, Esq. Attorney for Plaintiff ~}~l~l-r It COURT OF COMMON PLEAS CIVIL DlV[SION TERM NO. OS -]S',z (JuJ..7~ CUMBERLAND COUNTY PHELAN HALLINAN & SCHMIEG. LLP LA WRENCE T. PHELAN. ESQ., Id. No. 32227 fRANCIS S. HALLINAN, ESQ., [d. No. 62695 ONE PENN CENTER PLAZA, SUITE [400 PHILADELPHIA, PA [9103 (2[5) 563-7000 WASHINGTON MUTUAL BANK, FA, S/VI TO HOMESIDE LENDING, INC. [ 1200 WEST P ARK LAND AVE. MILWAUKEE, W[ 53224 AlTORNEY FOR PLAINTIFF Plaintiff v. DONNA M. BERDNICK NK/ A DONNA M GOODHALL 457 WEST MAIN STREET W ALNUf BOTTOM, P A 17266 Q ~.- Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE C~ NOTICE :~ ,c- eo You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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. [I' YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ^hy certifY u'la We tutr- .!" e.nd 'toin to be a lnl ~ V4l rect copy 01 the :ginal tiled 01 recoid Lawyer Referral Service Cumberland County l3ar Association 32 South Bedford Street Carlisle. PAl 70 1.1 (800)990-9108 . A'l1'ORNEY FILE copy pU;ASE RETURN File #: 98931 1'0 = c::l ~, o -n :;;:J Dl~ -nIT1 ~~\6 ~:~~ ~~ ~~ ~~ '- :;."""':.-;> ?:: 1'.) o ::-;" _0 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A., SllII TO HOMESIDE LENDING, INC. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY v. DONNA M. BERDNICK NKJ A DONNA M GOODHALL 457 WEST MAIN STREET WALNUT BOTTOM, P A 17266 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland COWlty Bar Association 32 South Bedford Street Carlisle, P A l70D (800)990.9108 File #: 98931 File #: 98931 IF TillS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TillS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME, FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. I. Plaintiff is WASHINGTON MlITUAL BANK, FA, S/I/1 TO HOMES IDE LENDING, INe. 11200 WEST PARKLAND A VB- MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: DONNA M. BERDNICK NKlA DONNAM GOODHALL 457 WEST MAIN STREET WALNUT BOnOM, P A 17266 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/20/1998 PETER & DONNA M. BERDN1CK made, executed and delivered a mortgage upon the premises hereinafter described to BARNETT MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1439, Page: 500. By Assignment of Mortgage recorded 9/14/98 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 588, Page 256. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of prineipal and interest upon said mortgage due 04/0 1/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thcreon are collectible forthwith. Fite #: 98931 6. The following amounts are due on the mortgage: Principal Balance Interest 03/01/2004 through 01/13/2005 (Per Diem $13.4[) Attorney's Fees Cumulative Late Charges 03/20/1998 to 01/1312005 Cost of Suit and Title Search Subtotal $65,280.93 4,277. 79 1,250.00 [22.20 $ 550.00 $ 71,480.92 Escrow Credit Deficit Subtotal 0.00 537.20 $ 537.20 TOTAL $ 72,0[8.[2 7. The attorney's fees set forth above are in confonnity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The mortgage premises are vacant and abandoned. 9. Plaintiff hereby releases PETER BERDNICK from liability for the debt secured by the mortgage. 10. By virtue of the death of PETER BERDNICK on 11/2712000, DONNA M. BERDNICK became sole owner of the mortgaged premises as surviving tenant by the entireties. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 72,018.12, together with interest from 01/13/2005 at the rate of$13.41 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP 1-/L~W~ 0---- By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 98931 ALL that certain lot of land w\lll lh& Imprommanlo thol8On "Iwele in SOUth Nawton T<1W<l"hip, CumbOOan<I CoonIy, Pertn")'lvaola, bouC'lda<1 and dOSCrlllOd as toll<lwa: BEGINNING at a rallroad spikQ III tM ceol6rlll\<J of Pennsylvania Route No. 174 (I-R. No. 35), al:lO \rJ1own as Walnut aoJlom Road, saId po1nI ~ 312.93 toelln Q nar1heastwardly <IlroctJon 8IOl1g \tI<> centaOlOQ of sa":' ptlblic road from Its inter&6ctlor1 with tlJQ CMtetllno of LR. 21007; Ulanca aIoog toe centOOioo of Pennsyllr.llli3 Rout.. No. 174. Nartt\ 44 d<Jgreas 4711\icUlWS 15 3econdS East. "di6tar1C0 ot 221.82 loot 10 " roikuad splke; \tI<>nca by the dlvi<f1OQ line betwoon Lots No"- 2 and 3 on tM hereinafte( ---,..-=---- morWOl'\8d pten at lots, Soulh .cs dvg/'ll8S 35 mlnuta6 12 8l1COltds Emil. 0 distance ot 292.61 feel to an It'Ot'l pin; lhenoa by tho nonhlIm right-of-way 11M oJ tho Rol't<llng Railmad (00 'QUt ...;do), SotIlh 54 deIgroos '19 rnInutas 25 1l0c0nd6 West, a diSl8l1oo ot 225.53 fBIlI ro an iI'OopiO; l/tenc8 by thB $Il<ftng Jino be\w(lQfl L.ot& Nos. 1 and 2 0f'I said plan, Norlh 45 degr8as 35 mInulos 12 &8COl1d& West, a d1slllll"" of 253.31 f....t 10 a point, the Place or B~INN'NG. CONl'AINfNG 1..3900 acres aCCQl'Qing to Q al.lbdivisJoo plan by Carl O. Be(!. R.S., da\ad AprIl;22, 1977, re<::Of'Itad AuQu&t 17, 1977 In Cumbec\and County PllIn 1300k 30, Page 146, 'IIid beIng de~ 1I5l.Ot No. 2 tharoon. aElNG U1e SIIlllt'l property whlcl'l ClIlhy lOB C1i16!l and Wallam e/iles, co- rowcutor& at 1110 ostato of i\r1Iu- H. Slone, grontod and conveye<l 10 Kannulh M. W1110br(l{U\6r an<! SUsan 104. Wln~, hiS wife, grantor:> horoto, by daod dlllod Match 15, 1993, Md rElOOl'ded in the OfflCft of tIw Recorder of [Mods for Cumborland County, P"M:JyWanla, in 0004 BooIc "F", Volume 36, Pago 215. PREMISES BEING: 457 WEST MAIN STREET. VERIFlCA nON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, thai Plaintiff is outside the jurisdiction of the court and or the verification could not be oblained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and arc true and correct to Ihe best of its knowledge, information and belief. Furthermore, it is counsel's intenlion 10 substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to Ihc penalties of I 8 Pa. C. S. Sec. 4904 relating 10 unsworn falsifications to authorities. 'k~~ s 4//: Francis S. Hallman; Esquire Attorney for Plaintiff DATE: /- iSrC>5 f)(I,/bir 13 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorl)ey for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 W ASlllNGTON MUTUAL BANK, FA, S/III TO HOMESIDE LENDING, INC. ~:~~~~~~~= A VE~'fl\O~1~t" ~\\~. ~ !' "il . Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION o NO. 05-352 CIVIL TERM~:; v. DONNA M. BERDNICK AlKIA DONNA M. GOODHALL -c; I ~~:( fj.~ r~: Defendant(s). : ,'. ~~v:i'r '0;~\' ~. ~... ~.~~., )>c.-: ;.- :::l -< PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: ...., = = c.M "'"' " :::0 I c;J:) '"'" J:. ~ :i! :!l i n'r::: -og :DL ~~. :--0:; D. ~o z.-...... ~::>.; I -~ .". :co -< <:? .t:'" N Kindly enter an in rem judgment in favor of the Plaintiff and against DONNA M. BERDNICK AlK/A DONNA M. GOODHALL , Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 1/13/05 to 4/4/05 TOTAL $72,018.12 $1,099.62 $73,117.74 I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~(,."r~_'~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff DAMAGES ARE lffiREBY ASSESSED AS INDICATED. _ ~ DATE: ~ C.'~ , I! . PRO PROTHY PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.c.P, 3180-3183 WASHINGTON MUTUAL BANK, FA, S/III TO HOMESIDE LENDING, INC. Plaintiff, v. No. 05-352 CIVIL TERM DONNA M. BERDNICK A/KIA DONNA M. GOODHALL . r ('j"\NJ "\1'''~' . ,,\)Y' - ........\t ... '- ,,~ ,',.,01 MI-::, . ". "'. ei-\ ~ \yn'~- :''t('"'t ,"" ':-'" Defendant(s). "".-' (') '"'" 0 = ~; = 'T1 c.n -,] ] "~.- ;po :r:n '-j- -0 :;0 nl,-- :;: I -om ~,~; CD ~6 ::::,< ,~ I:B ~ -0 ;:;c ::r:: 00 :S:t.') 7.: Pc: c,.) dm -I 2: 1:; :::2 .r:- N -< ....., ,., TO THE DIRECTOR OF THE OFFICE OF THE PROTHON,,6;t~Y: r'~""'" Issue writ of execution in the above matter: Amount Due $73,117.74 Interest from 4/4/05 to SEPTEMBER 7, 2005 (per diem -$12.02) $1,875.12 and Costs TOTAL $74,992.86 ~ G. ~rL~~ DANIEL G. SCHMIEG, ES UIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. 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. fX~lb,t C SCHEDULE OF DISTRIBUTION SALE NO. 11 Date Filed: January 06, 2006 Writ No. 2005-352 Civil Term Washington Mutual Bank, FA, s1i1i to Homeside Lending, Inc. VS Donna M. Berdnick aIkIa Donna M. Goodhall 457 West Main Street Walnut Bottom, P A 17266 Sale Date: Buyer: Bid Price: December 7, 2005 P. Terry Cline $93,000.00 Real Debt: Interest: Attorney Costs: $73,117.74 1,875.12 125.36 Total: $75,118.22 DISTRIBUTION: Receipts: Cash on account (05/03/2005): Cash on account (12/07/2005): Cash on account (12/22/2005): $ 1,500.00 9,300.00 87,408.20 Total Receipts: $98,208.20 Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Beverly Rosenberry, Tax Collector Attorney Daniel Schmieg Washington Mutual Bank, FA s/ili To Homeside Lending, Inc. Members 1st Federal Credit Union Total Disbursements: Balance for distribution: So Answers: ,/~~~:.u, R. Thomas Kline Sheriff $ 2,892.86 200.00 824.10 824.10 202.38 1,500.00 75,118.22 16,646.54 ($98,208.20) 0,00 VERIFICATION I, Michele M. Bradford, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiffs Exceptions to Sheriffs Sale Distribution Pursuant to Pa.R.C.P., 3 I 36(d) is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Respectfully submitted, Date: January 13.2006 PHELAN HALLINAN AND SCHMIEG, LLP By: 7YJ~ m 62~ Michele M. Bradford, Esq. Attorney for Plaintiff (" c.... PHELAN HALLINAN & SCHMIEG, LLP BY: Michele M. Bradford, Esquire Attorney ID Number: 69849 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, F.A., s/i/i to Homeside Lending, Inc. 11200 West Parkland Ave. . Milwaukee, WI 53224 Plaintiff Cumberland County Court of Common Pleas vs. Donna M. Berdnick alkla Donna M. Goodhall 457 West Main Street Walnut Bottom, PAl 7266 Defendant Civil Term Docket No. 05-352 MOTION TO STOP PAYMENT Plaintiff respectfully requests that the Court enter an Order directing the Sheriff of Cumberland County to stop payment on a check issued on January 18, 2006, and in support thereof avers as follows: I. The instant case is an action in mortgage foreclosure initiated by the Plaintiff on January, 20, 2005. 2. After entry of judgment, the property was scheduled for Sheriffs sale and was ultimately sold at the December 7, 2005 Sheriffs sale to a third party for the sum of $93,000.00. 3. On January 9,2006, Plaintiff filed a Motion for Additional Distribution of Sale Proceeds requesting the sum of$84,637.13 from the proceeds of the sale. 4. Subsequently, Plaintiffreceived a copy of the Sheriffs January 6,2006 proposed Schedule of Distribution proposing to pay Plaintiff $75,1 18.22 and pay the junior mortgagee, Members 1st Federal Credit Union $16,646.54. A true and correct copy of the proposed Schedule of Distribution is attached hereto, made part hereof, and marked as Exhibit A. 5. The deadline to file Exceptions to Distribution under Pennsylvania Rule of Civil Procedure 3136 was Tuesday, January 17, 2006 since the Rule allows ten days, and the tenth day was a legal holiday. Pa.R.Civ.P. 106(b) and 3136. 6. Plaintiff filed its Exceptions to Distribution with the Prothonotary timely on Tuesday, January 17, 2006 and sent a copy to the Sheriff as well. True and correct copies of the Exceptions to Distribution and Brief are attached hereto, made part hereof, and marked as Exhibit B. 7. Plaintiff withdrew its Motion for Additional Distribution as moot by Praecipe on January 11,2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit C. 8. The Sheriff distributed the proceeds ofthe sale on the afternoon ofJanuary 18, 2001 in accordance with the terms of its proposed Schedule of Distribution, without realizing that the Plaintiff had filed Exceptions to the Schedule. 9. The Sheriff mailed a check in the amount of$16,646.54 to attorney Karl M. Ledebohm on behalf ofthe junior mortgagee, Members I sl Federal Credit Union. 10. The undersigned counsel has spoken with Sergeant Jody Smith of the Sheriffs Office and the Sheriff has no objection to Plainliffs instant motion. 11. The undersigned counsel attempted to speak with Attorney Ledebohm but the telephone answering machine at his office states that his office is closed from January 18, 2006 until January 25, 2006. 12. No one will be harmed by the Court's granting Plaintiffs requested relief, as it will give the Court the opportunity to adjudicate Plaintiffs Exceptions to Distribution on the merits, after an opportunity for all interested parties to respond. 13. Plaintiff will be greatly prejudiced if the requested relief is not granted because it would render Plaintiffs Exceptions to Distribution moot, and Plaintiff stands to lose $9,518.91 and lose the opportunity to have the Court consider the Exceptions on the merits. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order directing the Sheriff of Cumberland County to stop payment on its check to Karl M. Ledebohm on behalf of Members 151 Federal Credit Union issued on January 18, 2006. 1/11/0' Date Mich e adfor , Esquire Attorney r Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: Michele M. Bradford, Esquire Attorney ID Number: 69849 One Penn Center Plaza, Suite 1400 1617 JohnF. Kennedy Boulevard Philadelphia, PA 19103 (215) 563- 7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, F.A., s/i/i to Homeside Lending, Inc. 11200 West Parkland Ave. Milwaukee, WI 53224 Plaintiff Cumberland County Court of Common Pleas vs. Donna M. Berdnick alkla Donna M. Goodhall 457 West Main Street Walnut Bottom, P A 17266 Defendant Civil Term Docket No. 05-352 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO STOP PAYMENT I. FACTUAL BACKGROUND The instant case is an action in mortgage foreclosure initiated by the Plaintiff on January, 20, 2005. After entry of judgment, the property was scheduled for Sheriffs sale and was ultimately sold at the December 7, 2005 Sheriffs sale to a third party for the sum of $93,000.00. On January 9,2006, Plaintiff filed a Motion for Additional Distribution of Sale Proceeds requesting the sum of$84,637.13 from the proceeds of the sale. Subsequently, Plaintiff received a copy of the Sheriffs January 6,2006 proposed Schedule of Distribution proposing to pay Plaintiff $75, 118.22 and pay the junior mortgagee, Members 1" Federal Credit Union $16,646.54. The deadline to file Exceptions to Distribution under Pennsylvania Rule of Civil Procedure 3136 was Tuesday, January 17, 2006 since the Rule allows ten days, and the tenth day was a legal holiday. Pa.R.Civ.P. I 06(b) and 3136, Plaintiff filed its Exceptions to Distribution with the Prothonotary timely on Tuesday, January 17, 2006 and sent a copy to the Sheriff as well. Plaintiff withdrew its Motion for Additional Distribution as moot by Praecipe on January 11,2006. The Sheriff distributed Ihe proceeds of the sale on the afternoon of January 18, 20CCS' in accordance with the terms of its proposed Schedule of Distribution, without realizing that the Plaintiff had filed Exceptions to the Schedule. The Sheriff mailed a check in the amount of $16,646.54 to attorney Karl M. Ledebohm on behalf of the junior mortgagee, Members I sl Federal Credit Union. The undersigned counsel has spoken with Sergeant Jody Smith of the Sheriffs Office and the Sheriff has no objection to Plaintiffs instant motion. The undersigned counsel attempted to speak with Attorney Ledebohm but the telephone answering machine at his office states that his office is closed from January 18, 2006 until January 25,2006. II. LEGAL AUTHORITY Plaintiff is without an adequate remedy at law and will suffer irreparable harm unless the requested relief is granted. This Court has plenary power to administer equity according to well-settled principals of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A. 779, 116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnet v. Trout, 380 Pa. 504,112 A.2d 333 (1955). This is certainly a case where the exercise of this Court's equity powers is appropriate and necessary. Plaintiff is requesting the entry of a court order directing the Sheriff of Cumberland County to stop payment on a check distributing Sheriffs sale proceeds, so that there is an opportunity for an adjudication on Plaintifrs Exceptions to Distribution on the merits. No one will be harmed by the Court's granting Plaintiffs requested relief, as it will give the Court the opportunity to adjudicate Plaintifrs Exceptions to Distribution on the merits, after an opportunity for all interested parties to respond. Plaintiff will be greatly prejudiced if the requested relief is not granted because it would render Plaintiffs Exceptions to Distribution moot, and Plaintiff stands to lose $9,518.91 and lose the opportunity to have the Court consider the Exceptions on the merits. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order directing the Sheriff of Cumberland County to stop payment on its check to Karl M. Ledebohm on behalf of Members 1 st Federal Credit Union issued on January 18, 2006. I JJ116(p Date Miche . Bradford, Esquire Attorney for Plaintiff EXHIBIT A SCHEDULE OF DISTRIBUTION SALE NO. 11 Date Filed: January 06, 2006 Writ No. 2005-352 Civil Term Washington Mutual Bank, FA, sJili to Homeside Lending, Inc. VS Donna M. Berdnick alkJa Donna M, Goodhall 457 West Main Street Walnut Bottom, P A 17266 Sale Date: Buyer: Bid Price: December 7,2005 P. Terry Cline $93,000.00 Real Debt: Interest: Attorney Costs: $73,117.74 1,875.12 125.36 Total: $75,118.22 DISTRIBUTION: Receipts: Cash on account (05103/2005): Cash on account (12/07/2005): Cash on account (12/2212005): $ 1,500.00 9,300.00 87,408.20 Total Receipts: $98,208.20 Disbursements: Sheriff's Costs Legal Search State Transfer Tax Local Transfer Tax Beverly Rosenberry, Tax Collector Attorney Daniel Schmieg Washington Mutual Bank, FA s/ili To Homeside Lending, Inc. Members 1st Federal Credit Union Total Disbursements: Balance for distribution: So Answers: ./'~~~~ R. Thomas Kline Sheriff $ 2,892.86 200.00 824.10 824.10 202.38 1,500.00 75,118.22 16,646.54 ($98,208.20) 0.00 ExmBIT B PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center Plaza 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-5534 January 13, 2006 Office of the Prothonotary CUMBERLAND County Courthouse Re: WASHINGTON MUTUAL BANK, FA SIIII TO HOMESIDE LENDING, INC. v. DONNA M. BERDNICK AIKIA DONNA M. GOODHALL and No. 05-352 Dear SirlMadam: Enclosed please find Plaintiffs Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P., 3136( d) and Brief which I request you file of record. Also enclosed are two self-addressed stamped envelopes for your convenience, one of which is for the attomey file copy and the other for the signed Order of Court. Thank you for your cooperation and attention to this matter. Very truly yours, .OQ PHELAN HALLINAN & SCHMIEG, LLP Enclosure ~ PHELAN HALLINAN & SCHMIEG, LLP BY:" MICHELE M. BRADFORD, ESQUIRE Identification No. 69849 One Penn Center At Suburban Station 1617 JohnF. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, FA SIJII TO HOMESIDE LENDING, INC. Plaintiff vs. DONNA M. BERDNICK NKlA DONNA M. GOODHALL Defendant ATTORNEYFORPLAINT~F : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND County : No. 05-352 CERTIFICATE OF SERVICE I hereby certifY a true and correct copy of the foregoing Exceptions to Sheriff's Sale was served by regular mail on: DONNA M. BERDNICK. NKlA DONNA M. GOODHALL 181 West Stafford Road Stafford Springs, CT 06075 COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX DIVISION, ATTN: JOHN MURPHY 6111 FLOOR, STRAWBERRY SQUARE DEPARTMENT 280601 HARRISBURG, P A 17128 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 )ate: January 13, 2006 MEMBERS FIRST FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, P A 170555 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13111 FLOOR SUITE 1300 1001 LlliERTY AVENUE PITTSBURGH, PA 15222 THE CUMBERLAND COUNTY SHERIFF'S DEPARTMENT 1 COURTHOUSE SQUARE CARLISLE, PA 17013 Respectfully submitted, PHELAN HALLINAN AND SCHMIEG, LLP By: ~7)f'0~ Michele M. Bradford, Esq. Attornev for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA WASHINGTON MUTUAL BANK, FA SIIII TO HOMES IDE LENDING, INC. : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff vs. : No. 05-352 : CUMBERLAND COUNTY DONNA M. BERDNICK NKIA DONNA M. GOODHALL Defendant ORDER AND NOW, this day of , 2006, upon consideration of Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P., 3136(d), it is hereby: ORDERED and DECREED that said Exceptions are granted and that the Sheriff is hereby directed to issue a revised Schedule of Distribution providing for the balance of the proceeds realized from the sale be paid first for the taxes and costs as outlined in the proposed Schedule of Distribution, then distribute the sum of $84,637.13 to the executing Plaintiffby and through its attorney, Phelan, Hallinan and Schmieg, LLP. J. PHELAN HALLINAN AND SCHMIEG, LLP By: MICHELE M. BRADFORD, ESQ. Atty. lD. No, 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 WASHINGTON MUTUAL BANK, FA S/III TO HOMESIDE LENDING, INC. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION Plaintiff : CUMBERLAND County vs. DONNA M. BERDNICK A/KJA DONNAM. GOODHALL : No. 05-352 Defendant EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P., RULE 3136(d) And now comes Plaintiff, WASHINGTON MUTUAL BANK, FA SM TO HOMESIDE LENDING, INC., by and through its counsel, Phelan Hallinan & Schmieg, LLP, and prays that this Honorable Court grant Plaintiff's Exceptions to Sheriff's Sale Distribution of Proceeds for the following reasons: 1. The Plaintiff is WASHINGTON MUTUAL BANK, FA S/III TO HOMESIDE LENDING, INC., the holder of that certain Mortgage dated March 18, 1998 and recorded March 20, 1998 in Mortgage Book 1439 Page 500. 2. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings on January 20, 2005. Attached hereto, made a part hereof and market as Exhibit "A" is a true and correct copy of the Complaint in mortgage foreclosure. 3. On December 7, 2005, the premises located at 457 West Main Street, Walnut Bottom, PA 17266, was sold at judicial sale pursuant to Writ of Execution issued out of the captioned case. Attached hereto, made a part hereof, and marked as Exhibit "B" is a true and correct copy of the Praecipe for Judgment and Writ of Execution. 4. At the judicial sale, the property was struck down to a third party bidder for the amount of $93,000.00. 5. On or about January 6, 2006, in accordance with Pa.RC.P, 3136(d), the Sheriff issued a proposed Schedule of Distribution, which distribution listed the Plaintiff as receiving $75,118.22. Attached hereto, made a part hereof and marked as Exhibit "c'" is a true and correct copy of the Sheriffs proposed Schedule of Distribution. 6. The Sheriffs proposed Schedule of Distribution fails to reference the proper amount to be paid to the executing Plaintiff. 7. Plaintiff believes and therefore avers, that it is entitled to proceeds in the amount of $84,637.13, as it has expended additional sums to pay real estate laxes and other costs collectable under the Note and Mortgage relative to the mortgaged property. The Superior Court of Pennsylvania held in the case of Extraco Mortgage v. Williams 2002 WL 1737474 (pa. Super 2002), that payments for taxes, insurance, and other costs relate back to the date of the Mortgage for priority and that those amounts can be collected in distribution of third party sale proceeds even if they were not claimed in the mortgage foreclosure Complaint or included in the judgment amount. 8. Plaintiff is entitled to be paid these additional sums from distribution of the sale proceeds in this matter. The amounts due Plaintiff are as follows: Principal Balance Interest to December 7, 2005 Escrow Less Suspense Late Charges BPO Property Preservation fees Property Inspections Legal Fees/Costs Other fees due Previous Sheriffs Deposit(s) Previous Sheriffs Deposit Refund(s) Current Sheriff's Deposit $65,280.93 $8,648.69 $3,845.58 - $0.00 $513.24 $0.00 $135,00 $8.90 $4,501.69 $203.10 $0.00 - $0.00 $1500.00 Total $84,637.13 . WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing distribution to the executing Plaintiff in the amount of$84,637.13. Respectfully submitted, Date: January 13. 2006 PHELAN HALLINAN AND SCHMIEG, LLP By: 77)~:nt ~ Michele M. Bradford, Esq. Attorney for Plaintiff PHELAN HALLINAN AND SCHMIEG, LLP By: MICHELE M. BRADFORD, ESQ. Atty. LD. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 WASHINGTON MUTUAL BANK, FA S/III TO HOMES IDE LENDING, INC, ATIORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : CUMBERLAND County vs. DONNA M. BERDNICK AIKIA DONNA M. GOODHALL : No. 05-352 Defendant BRIEF IN SUPPORT OF PLAINTIFF'S EXCEPTIONS TO DISTRIBUTION I. FACTUAL BACKGROUND The instant action was commenced by the filing of a Complaint in mortgage foreclosure on January 20,2005. By reason of Defendant's failure to answer the Complaint, default judgment was entered on April 8, 2005. Plaintiffs damages were assessed in the amount of$73,117.74 at the time of the entry of judgment. Plaintiff also caused a Writ of Execution to be issued and listed the mortgaged property for Sheriff s Sale on December 7, 2005. The property was sold at the December 7, 2005 Sheriff s Sale 10 a third party for the sum of $93,000.00. Since the time of the filing of the Complaint and judgment, Plaintiff has expended additional sums in order to pay real estate taxes, and hazard insurance premiums relative to the mortgage property, as well as other monies collectable under the Note and Mortgage. On or about January 9,2006, in accordance with Pa.R.C.P. 3136(d), the Sheriff issued a proposed Schedule of Distribution, which proposes to payPlaintiff$75,118.22. The Sheriffs proposed Schedule of Distribution fails to reference the proper amount to be paid to the executing Plaintiff. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 3136(d) allows a party to file Exceptions to the Sheriff s proposed Schedule of Distribution within ten days. In the instant case, Plaintiff filed timely exceptions. The Superior Court of Pennsylvania held in the case of Extraco Mortgage v. Williams. 2002 Pa. Super. 246, 805 A.2d 543 (pa. Super. 2002), that payments for taxes and insurance, and through implication, other costs collectable under the Note and Mortgage, made by a senior lienholder following the entry of default judgment on its Mortgage relate back to the date of mortgage for the priority. In the instant matter, Plaintiff has expended additional sums, including taxes and insurance premiums, relative to the mortgaged property to protect its collateral. In accordance with the holding in Extraco Mortgage v. Williams, these amounts are recoverable upon the distribution of sale proceeds and take priority over any amounts owed to junior lienholders. The facts of the instant case are identical to those in Extraco Mortgage v. Williams. In footnote 3 of that Opinion, the Superior Court explains that the second mortgagee is not harmed by the first mortgagee recouping the taxes and insurance from the Sheriffs sale proceeds. If the first mortgagee had not paid them, the second mortgagee would pay them by default. The Superior Court held thai a foreclosing mortgagee is not required to file a Motion to Reassess Damages before Sheriffs sale in order to recover its advances on the loan. In addition this Court has plenary power to administer equity according to well settled principles of equity jurisprudence cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A, 779, 116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them without encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout, 112 A.2d, 333, 380 Pa. 504 (1955). As such, Plaintiff submits that this Court should exercise it equity and discretion to allow the instant motion to be heard as it was promptly filed in anticipation of the distribution of proceeds of sale in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing distribution to the execuling Plaintiff in the amount of $84,63 7.13. Respectfully submitted, Dare: Janurov 13.2006 PHELAN HALLINAN AND SCHMIEG, LLP By: 7/J~mc::i7~ Michele M. Bradford, Esq. Attorney for Plaintiff PHELAN HALLINAN & SCHMlEG, LLP LA WRENCE T PHELAN, ESQ., Id. No. 32227 t:RANCIS S. HALLINAN, ESQ., ld. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPH[A, PA [9103 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING, INC. 11200 WEST P ARKLAND AVE. MILWAUKEE, W[ 53224 ATIORNEY FOR PLAINTlFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.~ -.]S'~ Gu~f...7~ CUMBERLAND COUNTY UJ .[C:- eo You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attomey and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. [F YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TH[S OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HlRlNG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Plaintiff v. DONNA M. BERDNICK AlKJA DONNA M GOODHALL 457 WEST MAIN STREET W ALNUI' BOTIOM, P A 17266 -;,~~-~.: Defendant ." ";' , :::~;:. U!..-' CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ~"~_. '......--',- ~'--~ ~:> r-'. -'~,. '- " i~ '~~2 =:;; =1 -< NOTICE .. tn6 'We he!'fibY cetUlY. nd w\\hio \0 be a trUe a correct copy at the ~ filed ot f~ Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 ::. ,a~ (') C ~- ...., = = c.n c.. """ Z 1'.) Cl o ., -l ""':11 n.("_ :Q \:9 06 -l__ o:D -'.~ 0 L.~fTl o ~ .n -< ~ -~ . l\1'l'ORNEV ALE COpy ft PlEASE RETURN Fill". #~ QR(n, PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215\ 563-7000 WASHINGTON MUTUAL BANK, FA, SlIIl TO HOMESIDE LENDING, INC. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 A lTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVll. DIVISION TERM NO. CUMBERLAND COUNTY v. DONNAM. BERDNlCK A!KI A DONNA M GOODHALL 457 WEST MAIN STREET W ALNlJf BOlTOM, P A 17266 Defendant CIVIL ACfION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOlIT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOlIT AGENCIES THAT MAY OFFER LEGAL SERVlCES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 IF TffiS IS THE FIRST NOTICE THAT YOU HAVE RECElVED FROM TillS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECfION PRACfICES ACf, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN TIDRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN TIDRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OFTHE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACf WITH YOU BEFORE SUING YOU TO COLLECf THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN TIDS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED TIDS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITIDN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS ({HROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN TIDS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. L Plaintiff is W ASHlNGTON MUTUAL BANK., FA, S/JJI TO HOMES IDE LENDING, lNe. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: DONNA M. BERDNICK NKI A OONNA M GOODHALL 457 WEST MAIN STREET WALNUT BOTTOM, PA 17266 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03120/1998 PETER & DONNA M. BERDNlCK made, executed and delivered a mortgage upon the premises hereinafter described to BARNETI' MORTGAGE COMPANY which mortgage is recorded in the Office of tlte Recorder of CUMBERLAND County, in Mortgage Book: 1439, Page: 500. By Assignment of Mortgage recorded 9114/98 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 588, Page 256. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/0112004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. .~. ?,~ 6. The following amounts are due on the mortgage: Principal Balance Interest 03101/2004 through 0 l/13/2005 (Per Diem $13.41) Attorney's Fees Cumulative Late Charges 0312011998 to 01/13/2005 Cost of Suit and Title Search Subtotal $65,280.93 4,277.79 1,250.00 122.20 $ 550.00 $ 71,480.92 Escrow Credit Deficit Subtotal 0.00 537.20 1. 537.20 TOTAL $ 72,018.12 7. The attorney's fees set forth above are in confonnity with the mortgage documents and Pennsylvania law, and will be collected in the event ofa third party purchaser at Sherifrs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The rn<>rtgage premises are vacant and abandoned. 9. Plaintiff hereby releases PETER BERDNICK from liability for the debt secured by the mortgage. 10. By virtue of the death of PETER BERDNICK on 1l/2712000, DONNA M. BERDNICK became sole owner of the mortgaged premises as surviving tenant by the entireties. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 72,018.12, together with interest from 0l/13/2005 at the rate of$13.41 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMffiG, LLP ~~W~~ By: 1s1Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff <\ -. . ALL II1>ll C<l(tain Iol of land >lIllh 1M lmpr~ lIlofUOfl sHu(lta in Saulh Nawtoo iCWt1:lhip. Cumbeo1and ea..nly, p~, b<IuOCla<1 and oo=iOOd as toIloWs: BSGlNNlNG at a millnqd spilullR the <:el1I6IllcI<I of P~a RauOO No. 174 (I-R 1'10.35), also Ia10wn as Walnut aouam Road, said pdnt being 312.93 root In a .\ nonOOa~ dradlOIl lIIong.lhe COfC8ffioe of s~ p<lblic toad ((Om Its ~ wilh the cMtetUlle of LR 21007; thonca aloc1g 1M oenIeOlOII ct Pennsylvania Rout" i i No.. 114. Nortll44 degl'ees 4T Il1iclUto$ 15 2QCOOrU East. a dilitanCo 0( 221.82 foot to a i ",,1road "pike; ll1ancO by /he dIvi<fing llno b<ItwtJon lol>:. Nos. 2 and 3 on tho h6fl'irl3llo( ..-.:-_. , , I .- .i ; .j 1 monIioo4Od plllR of lois, S<xdh ..cs dQQ(lI8S 3S ffilnuleti 1Z a<l<lOllds Ea6l.. Q distlOllC6 vf 292.61 f60C loon l<M pin; Il\enc8 by the ncnhum riQltt-<1f..way Iloo 0( the Reading RaiIma<I (00 fool wide), SouIh 54 ~ 49 m/nWls 25 <I<lOOlld5 West, a distMco of 225.53 fWlC 10 8Il imnpiO; II\Cnal by IIw <lM~ Jln" b<>1wOO/1 \..oU; Na:I. 1 and 2 OIl OJaid plan, tIotlh 45 ~ 35 mIoul05 12 &8CCIl<I" West, a dlst8/lCtl of 253.31 f....' 10 a paint, the P\a<:e of BE;GtNNlHO. .1 CONT'AINING U1000 IJaU$ ao:an1ing 10 II 'I<lb<f1vislon plllt1 by Carl O. Bert, RS., da\&d Apil22,19n, ~ ALtQutit 17, 197710 Cumbec1aod CounIy PllIt1 Book 30, Page 1-48, 'lI1d b8log desIghutM as t.ol No.2 tIloreon. BaNG tl\Q SlI/11l't .P<tJpOIty 'M1lc:h CaItti' loo CtitflS and William Clil~, cp.. QlWCIJtCn; of lh6 "'ilato d ~ Ii.. Slone, grantlKl and COCIVQyod 10 Kalll16lh M. WiOObr'etIOO<" and SuSan fo4. W1~, his wife, QI'3l1IOf':l her~ by d6<ld duted March 15, 1993, and recard<Id in lh9 OIflCl'J of lh6 ~ of Ooods Ii:>( Cumb<lr1and County, P~anIa, in Ooo<f Bool< "F", VolUme 36, page 2.75. PREMISES BEING: 457 WEST MAIN STREET. " VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, Ihal Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of Ihe pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands Ihat this statement is made subject to Ihe penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. ~~~ ~ 4/~ Francis S. Hallman: Esquire Attorney for Plaintiff DATE: f 13-05 PHELAN. HALLINAN & SCHMIEG, L.L.P. By: DANIEL G_ SCHMIEG Identification No. 62205 Attorlley for Plaintiff ONE PENN CENTER AT SUBURBAN STA nON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIlU..ADELPIllA, PA 19103-1814 12151 563-7000 W ASIDNGTON MUTUAL BANK, FA, S/III TO HOMESIDE LENDING, INC. 11200 WEST PARKLAND AVENUE ,.rd::N MILWAUKEE, WI 53224 :f\~~~,~\ a.". .....,..!~.... f"'\ .,..-p.-.....- ". ,.',. Plaintiff, ~tr,.,"" : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIl. DIVISION () 05-352 CIVIL TE~';; 1""" ;:gg~,. Z::-:' 7{'''. ~~~E ~CJ ~o -C' )>e: ~ v. NO. DONNA M. BERDNICK A/KIA DONNA M. GOODHALL .. :~Ii\E ~ ...,~.'). , -.~-~ :- t~ ;.;-; 1"'.\.3"", Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: ...., ~ => => "" ii ".. -0 :::0 I ro -0 ~~ ::J: W om 'i;! .c- ~ N Kindly enter an in rem judgmenl in favor of the Plaintiff and against DONNA M. BERDNICK AlIDA DONNA M. GOODHALL , Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 1I13/05 to 4/4/05 TOTAL $72,018.12 $1,099.62 $73,117.74 I hereby certify that (I) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~ G. "rk.",~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED.. . ~ DATE: ~ U1x:L . ~ . PRO PROTHY PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.RC.P.3180-3183 WASHINGTON MlITUAL BANK, F.A., S/I!I TO HOMESIDE LENDING, INC. Plaintiff, v. No. 05-352 CIVIL TERM DONNA M. BERDNICK A/KIA DONNA M. ;1 R\..t. C~ GOODHALL h-rt~, " ...,<:1"' 'P.N r'>\ ~ ~1;('rc ... Defendant(s). - 'i?'i' ..- ,1i, ~;t II ~ti'l ~~~, ';f~~. TO THE DIRECTOR OF THE OFFICE OF THE PROTij01\.'^'trA~Y~> . . '~\J.~t.>" Amount Due $73,117.74 0 ...., ~ = c = s: <On lJr;::1 ;po ;i! mer! -0 ~.~ --;11'....,., :::0 ZC I ~.~ CD e5 r.:::c: ~~r. ~ -0 ~~ ~G :x )>.0 c c..> ~ ~ r- N -< Issue writ of execution in the above matter: Interest from 4/4/05 to SEPTEMBER 7, 2005 (per diem -$12.02) $1,875.12 and Costs TOTAL $74,992.86 ~p G. ~r~~ DANIEL G. SCHMIEG, ES UIRE One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach descriplion of property.No. 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. SCHEDULE OF DISTRIBUTION SALE NO. 11 Date Filed: January 06, 2006 Writ No. 2005-352 Civil Term Washington Mutual Bank, FA, s1i1i to Homeside Lending, Inc. VS Donna M. Berdnick aIkIa Donna M. Goodhall 457 West Main Street Walnut Bottom, P A 17266 Sale Date: Buyer: Bid Price: December 7, 2005 P. Terry Cline $93,000.00 Real Debt: Interest: Attorney Costs: $73,117.74 1,875.12 125.36 Total: $75,118.22 DISTRIBUTION: Roceipts: Cash on account (05/03/2005): Cash on account (12/07/2005): Cash on account (12/22/2005): $ 1,500.00 9,300.00 87,408.20 Total Receipts: $98,208.20 Disbursements: Sheriff's' Costs Legal Search State Transfer Tax Local Transfer Tax Beverly Rosenberry, Tax Collector Attorney Daniel Schmieg Washington Mutual Bank, FA stili To Homeside Lending, Inc. Members 1st Federal Credit Union Total Disbursements: Balance for distribution: So Answers: .~~~~~ R. Thomas Kline Sheriff $ 2,892.86 200.00 824.10 824.10 202.38 1,500.00 75,118.22 16,646.54 ($98,208.20) 0.00 VERIFICATION I, Michele M. Bradford, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P., 3136(d) is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Respectfully submitted, Date: January 13.2006 PHELAN HALLINAN AND SCHMIEG, LLP By: 77J-k'.L m a~ y Michele M. Bradford, Esq. Attorney for Plaintiff . EXHIBIT C (") c ~.:: -UC.L' C b I d C rr.n'. urn er an ount:)g? ' ~~:~ C;::C :Pr, 4b ;t>c z PRAECIPE TO WITHDRAW MOTION ::;! FOR ADDITIONAL DISTRIBUTION OF SALE PROCEEDS . Phelan, Hallinan & Schmieg, LLP. Michele M. Bradford, Esquire Identification No. 69849 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 Washington Mutual Bank, FA sjijI To Homeside Lending, Inc. v. Donna M. Berdnick ajkja Donna M. Goodall To the PROTHONOTARY: Attorney for Plaintiff Court of Common Pleas Civil Division No. 05-352 Kindly withdraw Plaintiff's Motion for Additional Distribution of Sale proceeds filed on January 10, 2006, in the above captioned matter. January 10,2006 -m~ m ~AOd/e Michele M. Bradford, Esquire Attorney for Plaintiff l ... ~~ ~...;' \.:-"'\:'1l".":';Ml.-r,1 I . ~ . ,. ~"~\l.~,,'i;."i ~~. ~*",,~1~~ i',k~s.J' -/' .~:f'!'~'\'::'~ c"'" i',:~',,",, i. ""- " FA' ~ "j' . 4', ',' .'''' ~ I I:g-> ,,,'-",,...,,, " c~p..."~,,, :":',,..., \" ..-~- ~ "",-, .! ....., 0 = = -n ~ -l <- flifQ ",.. % -am coy Sc> :r>> :r: =fi :x: qrs .<-rn '? ~ c:> ' -IJ .v ' -< . VERIFICATION Michele M. Bradford, Esquire hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in the foregoing Plaintiff's Motion to Stop Payment, and Brief in support thereof are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. I /Jr/O(p , PHE AN HA L f\N & SCHMIEG, LLP BY: Date Mic ele . Bradford, Esquire Attorney for Plaintiff . . PHELAN HALLINAN & SCHMIEG, LLP BY: Michele M. Bradford, Esquire Attorney ID Number: 69849 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 563-7000 Washington Mutual Bank, F.A., sliti to Homeside Lending, Inc. 11200 West Parkland Ave. Milwaukee, WI 53224 Plaintiff vs. Donna M. Berdnick alk/a Donna M. Goodhall 457 West Main Street Walnut Bottom, PA 17266 Defendant ATTORNEY FORPLAmTWF Cumberland County Court of Common Pleas Civil Term Docket No. 05-352 CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that true and correct copies of the foregoing Motion to Stop Payment and Brief in support thereof, were served by regular mail on the following on the date listed below Donna M. Berdnick aIkIa Donna M. Goodhall 457 West Main Street Walnut Bottom, P A 17266 Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, P A 17070 IW~ Date Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, P A 17055 Sheriff of Cumberland County 1 Courthouse Square Carlisle, PA 17013 Michele Bradfor, Esquire Attorney for Plaintiff C'i (".) c (J _J -.< /------- -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, F.A., stili to Homeside Lending, Inc. 11200 West Parkland Ave. Milwaukee, WI 53224 Plaintiff Civil Term Docket No. 05-352 vs. Dorma M. Berdnick aIkIa Dorma M. Goodhall 457 West Main Street Walnut Bottom, PA 17266 Defendant ORDER And now, this 2-" tl, day of January, 2006, upon co sideration of Plaintiffs Motion to Stop Payment, it is hereby JAN 2 0 200~ ORDERED and DECREED that the Sheriff of Cumberland County s hereby directed to stop payment on its January 18, 2006 check to attorney Karl M. Ledebo on behalf of the junior mortgagee, Members First Federal Credit Union, due to Plaintiff the Sheriffs Schedule of Distribution having been timely filed with the Pro onotary on January 17,2006. I, 1'\ \-, "- V l ., i:l 10" Tlt l.s. IIi.Y, .. >>71 ,tu t ~::t.J 'f',-,tl ;.0 <;SoLi :> t,.j v-' ( tk .st" r P) l '^U) . \Iy,tfcr \NIU L'L ~cld ~i tL f'\.'\vS,ff s\",\l f") '^>; laM BY THE J~T> oft J t'e l''-'<'' I...t i-l; 2J d':,s. 1'-.') '-"'.: c.:' l.....'.:.', \ WASHINGTON MUTUAL BANK, FA SIIII TO HOMESIDE LENDING. INC. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. DONNA M. BERDNICK : NO. 2005 - 0352 CIVIL TERM AIKiA DONNA M. GOODHALL ORDER OF COURT AND NOW, this 24TH day of JANUARY, 2006, upon consideration of Plaintiff's Exceptions to Sheriff's Sale Distribution a hearing thereon is scheduled for FRIDAY, FEBRUARY 17,2006, at 2:30 p,m. in Courtroom # 3 ofthe Cwnberland County Courthouse, Carlisle, Pa. 17013. By tC::e Urt ) ~./ -...,~--~ . '7/0 Edward E. Guido, J. " .<.J ", ,~ "'1 i',' ,''v,, 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 Sheriffs Deed in which P Terry Cline is the grantee the same having been sold to said grantee on the 7th day ofDec AD., 2005, under and by virtue ofa writ Execution issued on the 8th day of April, A.D., 2005, out ofthe Court of Common Pleas of said County as of Civil Term, 2005 Number 352, at the suit of Washington Mutual Bank F A against dona M Berdnick aka Donna M Goodhall is duly recorded in Deed Book No. 272, Page 4068. IN TESTIMONY WHEREOF, I have hereunto set my hand /i-rk and seal of said office this fl ~\J / day of , AD. cleo ~ order of Deeds , Cumberlond CoUnly, Cer\1OI8, PA Expires the .o8l Monday at Jon. ,;)01C ...- ' The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-352 Civil Term Washington Mutual Bank, F.A slili To Homeside Lending, Inc. VS Donna M. Berdnick alkla Donna M. Goodhall R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sale and Description in the following manner: The Sheriff mailed notice of the action by certified mail, return receipt requested, restricted delivery, deliver to addressee only, to the within named defendant, to wit: Donna M. Berdnick alkla Donna M. Goodhall at her last known address of 181 West Stafford Road, Stafford Springs, CT 06075. This letter was mailed under the date of May 3,2005. The unopened letter was returned to the Sheriffs Office on June 03, 2005 marked "Unclaimed." Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on July 05, 2005 at 7:00 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Donna M. Berdnick alkla Donna M. Goodhall, located at 457 West Main Street, Walnut Bottom, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who 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 Courthouse, Carlisle, Cumberland County, Pennsylvania on December 7, 2005 at 10:00 o'clock AM. He sold the same for the sum of $93,000.00 to P. Terry Cline. It being the highest bid and best price received for the same, P. Terry Cline of 113 Spring Farm Circle, Carlisle, PA 17013, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $96,708.20. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge $30.00 1,860.00 15.00 15.00 30.00 10.00 .50 1.00 11.20 8.68 15.00 20.00 Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 437.00 356.78 18.20 25.00 39.50 $2,892.86 Sworn and subscribed to before me 2006, A.D. -4J'I . ~~~ . p R. Thomas Kline, Sheriff ByJ c . Real Estat evPJ;..ti- 3D iJ1! ~/~ Lk. {.14OD ~flJ J tJ.3 . WASHINGTON MUTUAL BANK, FA, srowo. HOMESIDE LENDING, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v, CIVIL DIVISION DONNA M. BERDNICK AlKJA DONNA M. GOODHALL NO. 05-352 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WASHINGTON MUTUAL BANK. F.A., SIIII TO HOMESIDE LENDING, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 457 WEST MAIN STREET. WALNUT BOTTOM, PA 17266. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DONNA M. BERDNICK AlKlA DONNA M. GOODHALL 181 WEST STAFFORD ROAD STAFFORD SPRINGS, CT 06075 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MEMBERS FIRST FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known 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: .;.w........ . Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTENTION: JOHN MURPHY 6TH FLOOR, STRAWBERRY SQUARE DEPARTMENT 280601 HARRISBURG, PA 17128 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 457 WEST MAIN STREET WALNUT BOTTOM, P A 17266 Domestic Relations of Cumberland Connty 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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 of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 7, 2005 DATE h-r~ (, .l.rL.,~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff _. W ASIDNGTON MUTUAL BANK, FA, SII/I TO HOMESIDE LENDING, INC. Plaintiff, CUMBERLAND COUNTY No. 05-352 CIVIL TERM v, DONNA M, BERDNICKA/KIA DONNA M. GOODHALL Defendant(s). April 7, 2005 TO: DONNA M. BERDNICK AlKJA DONNAM. GOODHALL 181 WEST STAFFORD ROAD STAFFORD SPRINGS, CT 06075 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN A GAINST PROPERTY. .. Your house (real estate) at 457 WEST MAIN STREET. WALNUT BOTTOM, PA 17266. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $73,11 7.74 obtained by WASHINGTON MUTUAL BANK. F.A.. SIIII TO HOMESIDE LENDING. INC. (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 cancelled 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ..... . . You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 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 schedule of distribution ofthe money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale, The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ~ '''''-.' '" LEGAL DESCRIPTION ALL THAT CERTAIN lot of land with lhe improvcmetUS thercon situate in South Newtoll Township, Cumberland C4unty, Pennsylvania, bounded and described as follows: BBGINNING at lI. railroad spike in the centerline of PCDllS)'lvanla Roulc No. 114 (LR No. 35), also IcnDwn as Walnut Bottom Road, said point being 312.98 fed in a Nonheanwardly direction along the centerline of said public road from its intersection with the ceuterline of LR 21007; !hence along the cemetlineof PellllSylv;mia Route No. 174, North 44 degree 47 miourcs 15 $CCOw Ea8t a di&tanCe of 221.82 feet to a railroad spike; Ihen<:e by the dividing line between Loes Nos. 2 and ) on lhc hcreinafWr menti<lnl:d plan of krts, Sull\b 45 degrm 35 minutes 12 secoma East. a distance of 392.61 feet to lID. iron pin; thence by the Northern right-of-way line of lhe Reading Railroad (90 feet wide). Soutb 54 degrees 49 minutes 25 seconds WelIl. a distance of 225,53 feet to an iron pin; tbence by the divl.ltlllg 1inc between Lots Nos. IllDd 2 QI1 said plan, North 45 degrees 35 millllteS 12 seconds West, a distance of 253.31 feet to a point. the Pla<:c of Beginning. CONTAINING 1.3900 acres according to a subdivision plan by Carl D. Bert. R.S., dated April 22, 1977, recorde;:l August 17, 1977 in Cumlletland County Plan BooIc 30, Page 148. and being desigDatcd ll! Lot No.2 thereon. TITLE TO SUBJECr PREMISES IS VESTED IN Donna M. Bl:fdaick by reason of the following: BEING TIlE SA.ME PREMISES wbldl Kenneth M. Winebrenner and Susan M. Winebrenner, his wife by Deed dated 312011998 and recorded on 3/23/1998 in the Cooney of Cumberland in Oeed !:look 173 pagc 1060 convcya:1 unto Peter Bcrdnlck and DOI1Jla M. Berdnick. his wife. AND THE SAlo Peter Berdnlclc died on 11/27nooo whereby tille to said premise:; became vested in Donna M, Ber4lIicl;. by operation of law and right of survivorsblp, PROPERTY ADDRESS: 457 WEST MAIN STREET, WALNUT BOTTOM, P A 17266 TAX PARCEL: 41-12-0326-063 WRIT OF EXECUTION ~nd/or ATTACHMENT . ....' ; .. COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-352 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY, To satisfy the debt, interest and costs due WASHINGTON MUITUAL BANK, F,A. SIIII TO HOMESIDE LENDING, INC., Plaintiff (s) From DONNA M, BERDNICK A/KJA DONNA M. GOODHALL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION (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) Ifproperty 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 himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $73,117,74 L. L. $.50 Interest FROM 4/4/05 TO 9/7/05 (PER DIEM - $12.02) - $1,875,12 AND COSTS Atty's Comm % Due Prothy $.100 Atty Paid $125.36 Other Costs Plaintiff Paid Date: APRIL 8, 2005 CURTIS R, LONG (Seal) prothon~ p ~ tVt.'l.' . Deputy 77zCA/UY~ / REQUESTING PARTY: Name DANIEL G, SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 11 On May 04, 2005 the Sheriff levied upon the defendant's interest in the real property situated in South Newton Township, Cumberland County, P A Known and numbered as 457 West Main Street, Walnut Bottom, more fully described on Exhibit "A" Date: May 04, 2005 By: 'oj 6 eLL] J miiJ.,. Real Estate Deputy E3 c:;:;:;J c:;:;:;J c:::;::J GV UVil filed with this writ and by this reference incorporated herein. oz :01 d II UdV ~OOl 'I' .U , ..l..,'i":'-j"':":'" .' , ' .~_. t"" - ;',;; , ! ", ','.' ....'; - ,.,. U .J~i/j:jL , .... < SCHEDULE OF DISTRIBUTION SALE NO. 11 Date Fi]ed: January 06, 2006 Writ No. 2005-352 Civil Term Washington Mutual Bank, F.A., slili to Homeside Lending, Inc. VS Donna M. Berdnick aIkIa Donna M. Goodhall 457 West Main Street Walnut Bottom, P A 17266 Sale Date: Buyer: Bid Price: December 7,2005 P. Terry Cline $93,000.00 Real Debt: Interest: Attorney Costs: $73,117.74 1,875.12 ]25.36 Total: $75,118.22 DISTRIBUTION: Receipts: Cash on accoWlt (0510312005): Cash on account (12/07/2005): Cash on accoWlt (12/22/2005): $ ] ,500.00 9,300.00 87,408.20 Total Receipts: $98,208.20 ... . Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Beverly Rosenberry, Tax Collector Attorney Daniel Schmieg Washington Mutual Bank, F.A. stili To Homeside Lending, Inc. Members 1st Federal Credit Union Total Disbursements: Balance for distribution: So Answers: .;/~~/~ R. Thomas Kline Sheriff $ 2,892.86 200.00 824.10 824.10 202.38 1,500.00 75, I] 8.22 16,646.54 ($98,208.20) 0.00 . . .... . TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 11 Held Wednesday, December 7, 2005 Date: December 7, 2005 TAXES: Receipts for all taxes for the years 2002 to 2004 inclusive. Taxes for the current year 2005. WATER RENT: sewer. SEWER RENT Company assumes no liability for private supply of water or Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2006, and recorded , 2006, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Kenneth M. Winebrenner and Susan M. Winebrenner, his wife, by deed dated March 20, 1998 and recorded March 23,1998 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania. in Deed Book 173, Page 1060, granted and conveyed to Peter Berdnick and Donna M. Berdnick, his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. . 4-. 5. Public and private rights in the roadbed of PA Route No. 174, L.R. No. 35, known as Walnut Bottom Road. 6. Mortgage in the amount of $69,900.00 given Peter Berdnick and Donna M. Berdnick to Barnett Mortgage Company dated March 20, 1998 and recorded March 23, 1998 in Mortgage Book 1439 Page 500. Said mortgage was assigned to Homeside Lending, Inc. by instrument recorded September 14, 1998 in Miscellaneous Record Book 588, Page 256. Complaint in mortgage foreclosure filed by Washington Mutual Bank, FA, successor in interest to Homeside Lending, Inc., as Plaintiff against Donna M. Berdnick, also known as Donna M. Goodhall, as Defendant in the Office of the Prothonotary of Cumberland County on January 20, 2005 to File No. 2005- 352. Judgment in the amount of $73,117.74 entered April 8, 2005. 7. Judgment in the amount of $16,827.00 entered by Members First Federal Credit Union as Plaintiff against Donna M. Berdnick, now known as Donna M. Goodhall, in the Office of the Prothonotary of Cumberland County on December 22, 2003, to File No. 2003-5792. 8. Rights of the Reading Railroad, its successors or assigns in right-of-way forming a portion of the boundary for the subject premises. 9. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 10. Satisfactory evidence to be produced concerning the death of Peter Berdnick. 11. Real estate taxes accruing on and after January 1, 2006 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. -,C~-J -; Robert G. Frey, Agent / Note: This Title Report shall not be vali~ or inding until countersigned by an authorized sig. to ... REAL ESTATE SALE NO. 11 Wrtt No. 2005-352 Civil Washington Mutua] Bank, FA, 5/i/i to Homeside Lending Inc. vs. Donna M. Berdnick, a/k/a Donna M. Goodhall Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of land with the improvements thereon situ- ate in South Newton Township, Cumberland County, Pennsylvania. bounded and described as follows: BEGINNING at a railroad spike in the centerline of Pennsylvania Route No. 174 (LR No. 351. also !mown as Walnut Bottom Road. said potnt being 312.98 feet in a North- eastwardly direction along the cen- terline of said public road from its intersection with the centerline of LR 21007; thence along the cen- terline of Pennsylvania Route No. 174. North 44 degree 47 minutes 15 seconds East a distance of 221- .82 feet to a rallroad spike: thence by the dividing line between Lots Nos. 2 and 3 on the hereinafter men- tioned plan of lots, South 45 degrees 35 minutes 12 seconds East. a dis- tance of 392.61 feet to an iron pin: thence by the Northern right-of-way line of the Reading Railroad (90 feet wide), South 54 degrees 49 minutes 25 seconds West. a distance of 225- .53 feet to an iron pin: thence by the dividmg line between Lots Nos.1 and 2 on said plan, North 45 de- grees 35 minutes 12. seconds West, a distance of 253.31 feet to a poiIlt. the Place of Beginning, CONTAlNING 1.3900 acres ac- cording to a subdivision plan by Carl D. Bert, RS.. dated April 22, 1977, recorded August 17, 1977 in Cumberland County Plan Book 30, Page 148, and being designated as Lot No. 2 thereon. TITLE TO SUBJECT PREMISES IS VESTED IN Donna M. Berdnick by reason of the following: BEING THE SAME PREMISES which Kenneth M. Winebrenner and Susan M. Winebrenner. his wife by Deed dated 3/20/1998 and record- ed on 3/23/1998 in the County of Cumberland in Deed Book 173 page 1060 conveyed unto Peter Berdnick and Donna M. Berdnlck. his Wife. AND THE SAID Peter Berdnick died on 1I /27/2000 whereby title to said premises became vested in Donna M. Berdnick by operation of law and right of survivorship. PROPERTY ADDRESS: 457 WEST MAIN STREET, WALNUT BOnOM, PA 17266. TAX PARCEL: 41-12-0326-063. ",..... ... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 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 15,22,29,2005 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 publi ation are true. .Cv yne, Editor '. SWORN TO AND SUBSCRIBED before me this 29 day of July, 2005 NOTARIA SEAL LOIS E. SNYDER, Notary PublIC Cal~sle Boro. Cumberland County Mv Commission Expires March 5. 2009 REAL ESTATE SALE NO. 11 Writ No. 2005-352 Civil Washington Mutual Bank, F.A.. stili to Homeside Lending Inc. VS. Donna M. Berdnick, a/k/a Donna M. Goodha11 Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of land with the improvements thereon situ- ate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike in the centerline of Pennsylvania Route No. 174 (LR No. 35), also known as Walnut Bottom Road, said point being 312.98 feet in a North- eastwardly direction along the cen- terline of said public road from its intersection with the centerline of LR 21007; thence along the cen- terline of Pennsylvania Route No. 174, North 44 degree 47 minutes 15 seconds East a distance of 221- .82 feet to a railroad spike; thence by the dividing line between Lots Nos. 2 and 3 on the hereina.fter men- tioned plan of lots, South 45 degrees 35 minutes 12 seconds East, a dis- tance of 392.61 feet to an iron pin; thence by the Northern right~of~way line of the Reading Railroad (90 feet wide). South 54 degrees 49 minutes 25 seconds West. a distance of 225- .53 feet to an iron pin; thence by the dividing line between Lots Nos. 1 and 2 on said plan, North 45 de- grees 35 minutes 12 seconds West, a distance of 253.31 feet to a point, the Place of Beginning. CONTAINING 1.3900 acres ac- cording to a subdivision plan by Carl D. Bert, R.S., dated April 22. 1977, recorded August 17, 1977 in Cumberland County Plan Book 30, Page 148, and being designated as Lot No. 2 thereon. TITLE TO SUBJECT PREMISES IS VESTED IN Donna M. Berdnick by reason of the following: BEING THE SAME PREMISES whIch Kenneth M. Winebrenner and Susan M. Winebrenner, his wife by Deed dated 3/20/1998 and record- ed on 3/23/1998 in the County of Cumberland in Deed Book 173 page 1060 conveyed unto Peter Berdnick and Donna M. Berdnick, his wife. AND THE SAID Peter Berdnick died on 11/27/2000 wheleby title to said premises became vested in Donna M. Berdnick by operation of law and right of survivorship. PROPERTY ADDRESS: 457 WEST MAIN STREET, WALNUT BOITOM. PA 17266. TAX PARCEL: 41-12-0326-063. .j. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, Connty of Dauphin} S5 Joseph A, Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, 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/ Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 2005. 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. PUBLICATION COpy SA L E #11 ,~ . Sworn to and subscri CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 356.78 REAL ESTATE SALE No. 11 Writ No. 2005-352 Civil Term Wuhlngton ,Mutuel Benk, F.A. sIIII to Homeelde lending Inc. valt' Donna M.llenlnlck elkJa Donna M, Goodhall Ally: Danl.Schmleg DESCRIPTION AU- THAT CEIITAIN Iv!: of land with the improvements tbereQn situate in South Newton Township, Cumberland O>unty. Penllsylvani. bounded and descn1led as fonows: BEGINNING at a railroad spike in the _ofPelmsylvania~N<>,174(LRNo. 35), also known as Walnut Bottom Road, said point being 312.98 feet in a Northeastwardly direction-along the centerline of said public road from its intersection with the centerline of LR 21007; thence along tlre cenrerJine of Permsyl- vania Route No. 174, North 44 degfees 47 minutes IS -Sl!CODds East a distanee of 221.82 feet to a railrool spike; thence bj'1heQividing linebetwoen Lots Nos. 2 and 3 on the hereinafter mentioned Plan of Lots, Soutb 45 degrees 35 mmuleS 12 seronds East, a distance of 392.61 feet to an iron pm; thence bylbe Nmbern rigbl-of-way line of lbo Reading RaiJrooI (96 feet wide), South 54 degrees49minutes25~t,adistanceof 225.53 feet to an iron pin; tbence by lbo dividing line between Lots Nos. 1 and 2 on said plan, North 45 degrees 35 mim.l/es 12 seconds West, a distance of 253.31 feet to a point, the Place of BEGINNING. CONTAINING 1.3900 acres according to a solJdMsiun plan by Carl D. B<rt. R,S., dated April 21, 1977, rec<JRIed Allgust 17, 1977 in CUmberland County Plan Book 30, Page 148, and being designated as Lot No.2 thereon. 1mE TO SUBJECT premises is vested in Donna M. Berdnick by reason of the following: BEING TIJE SAME premises wbicl> Kenneth M. Wmebrenner and Susan M. Wmebrenner, his wife. by Deed dated 3flO11998 and recorded on 31 2311998 in the County of Cumberland in Deed Book 173 page 1000"!eonveyed unto Peter Berdnicl and DoonaM. Brxdnict his wife, ANDTllESADiPeterBerdnickdiolon Ilml 2fX)O whereby title to said JhliU.ises became vested in DoDll8 M. Berdnick by operation of law and right of survivomp, PROPElUY ADDRESS, 457 Weot Main StIeet, Walnut Bottom. PA 17']J,6. TAX PARCEL 141-12.ffi2fHJ63. .' Karl M. Ledebohm, Esq. Supreme Court ID # : 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Petitioner WASHINGTON MUTUAL BANK, FA SIIII HOMESIDE LENDING, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFIRESPONDENT Vs. NO.: 05-352 DONNA M. BERDNICK NIKIA DONNA M. GOODHALL DEFENDANT MEMBERS 1 ST FEDERAL CREDIT UNION PETITIONER : CIVIL ACTION-LAW MEMBERS 1 ST FEDERAL CREDIT UNION'S PETITION TO INTERVENE PURSUANT TO PA RC.P. 2327 IN "EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P.. RULE 3136ld)" FILED BY WASHINGTON MUTUAL BANK. F.A. SIIII TO HOMESIDE LENDING. INC. AND NOW, comes Members 1 st Federal Credit Union, the Petitioner in the above captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and makes the following Petition to Intervene pursuant to PA. R.C.P. 2327 in "Exceptions to Sheriff's Sale Distribution Pursuant to PA R.C.P. Rule 3136(d)" filed by Washington Mutual Bank, F.A. SIIII to Homeside Lending, Inc., and sets forth in support thereof as follows: . 1. Petitioner, Members 1st Federal Credit Union ("Members I st\ is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, P A 17055. 2. Respondent, Washington Mutual Bank, F.A. SIIII to Homeside Lending, Inc., ("Washington Mutual") is the plaintiff in the above captioned action in mortgage foreclosure. 3. Members 1st is the holder of that certain judgment entered before the Cumberland County Court of Common Pleas to docket Number: 03-5792 (the "Judgment") on January 5, 2004 in the original principal amount of ($16,827.00) plus interest at the rate of $5.02233 per day, through the date of payment, including on and after the date of entry of the judgment on the complaint, additional attorney's fees and costs of suit (the "Judgment"). 4. The Judgment is a lien on all that certain real estate known and numbered as 457 West Main Street, Walnut Bottom, PA 17266 (the "Property") which is the subject of the foreclosure action filed by Plaintiff to the above captioned matter. 5. The lien of the Judgment in favor of Members 1 st is junior to the lien ofthe mortgage in favor of Washington Mutual which is the subject of the above captioned foreclosure action. 6. At the judicial sale in the above captioned matter, the Property was struck down to a third party bidder for the amount of$93,000.00. 2 . 7. On or about January 6, 2006, the Sheriff for Cumberland County (the "Sheriff') posted the proposed schedule of distribution (the "Schedule of Distribution"), a copy of which is attached hereto as exhibit "A," which reflected, inter alia, the distribution to Members 1st of $16,646,54 on account of the lien of the Judgment in favor of Members 1 st 8. Washington Mutual filed its "Exceptions to Sheriff's Sale Distribution Pursuant to PA.R.C.P. 3136(d), (the "Exceptions") in which Washington Mutual seeks approximately $9,518,91 in additional distributions. A copy of the Exceptions are attached hereto as exhibit "B" and made part hereof. 9. A hearing on the Exceptions is currently scheduled before the Honorable Judge Guido on February 17,2006. 10. In the event the Court grants the relief requested in the Exceptions, Members 1 st will be adversely affected in that it will not receive approximately $9,518.91 to which it is otherwise entitled under the Sheriff's Schedule of Distribution. 11. For the reasons set forth in the Motion to Strike Exceptions, a copy of which is attached hereto as exhibit "c" and made part hereof: which Members 1 st intends to file in this matter, Washington Mutual is not entitled to the relief requested in the Exceptions. 12. For some or all of the above reasons, Members 1st is entitled to intervene in this matter pursuant to PA R.C.P. 2327 (2) and/or (4). 3 , 13. The concurrence of legal counsel for Washington Mutual in this motion has been sought and legal counsel for Washington Mutual does concur in the relief requested herein. WHEREFORE, Members 1 st Federal Credit Union requests this honorable Court to permit Members 1 sl Federal Credit Union to intervene in the "Exceptions to Sheriff's Sale Distribution Pursuant to PA R.C.P. Rule 3136(d)" filed by Washington Mutual Bank, F.A. SIIII to Homeside Lending, Inc., in the above captioned matter for the purpose of defending its interest in the amounts to be distributed by the Sheriff in this matter. Respectfully submitted, Date: January 31, 2006 r&&m~ Supreme Court ID # : 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Petitioner 4 u ~ SCHEDULE OF DISUUBUTION SALE NO. 11 Date Filed: January 06, 2006 Writ No. 2005-352 Civil Term Washington Mutual Bank, FA, stili to Homeside Lending, Inc, VS Donna M. Berdnick alkJa Donna M. Goodhall 457 West Main Street Walnut Bottom, P A 17266 Sale Date: Buyer: Bid Price: December 7, 2005 P. Terry Cline $93,000.00 Real Debt: Interest: Attorney Costs: $73,117.74 1,875.12 125.36 Total: $75,118.22 DISTRIBUTION: Receipts: Cash on account (05/03/2005): Cash on account (12/0712005): Cash on account (12/22/2005): $ 1,500.00 9,300,00 87,408.20 Total Receipts: $98,208.20 EXHIBIT "A" r. !" Disbursements: Sheriff's' Costs Legal Search State Transfer Tax Local Transfer Tax Beverly Rosenberry, Tax Collector Attorney Daniel Schmieg Washington Mutual Bank, FA stili To Homeside Lending, Inc. Members 1st Federal Credit Union Total Disbursements: Balance for distribution: So Answers: .~~~~-., R. Thomas Kline Sheriff -- $ 2,892.86 200.00 824.10 824,10 202.38 1,500.00 75,118.22 16,646.54 ($98,208.20) 0.00 . HELAN HALLINAN AND SCHMIEG, LLP By: MICHELE M, BRADFORD, ESQ. Atty. LD. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 WASHINGTON MUTUAL BANK, FA SII/I TO HOMESIDE LENDING, INC. .. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : CUMBERLAND County vs. DONNA M. BERDNICK NKlA DONNA M. GOODHALL : No. 05-352 Defendant EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P.. RULE 3136(d) And now comes Plaintiff, W ASIllNGTON MUTUAL BANK, FA 8/III TO HOME8IDE LENDING, me., by and through its counsel, Phelan Hallinan & Sc1unieg, LLP, and prays that this Honorable Court grant Plaintiff's Exceptions to Sheriff's Sale Distribution of Proceeds for the following reasons: 1. The Plaintiff is WASHINGTON MUTUAL BANK, FA SI1II TO HOMESIDE LENDING, INC., the holder of that certain Mortgage dated March 18, 1998 and recorded March 20, 1998 in Mortgage Book 1439 Page 500. 2. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings on January 20, 2005. Attached hereto, made a part hereof and market as Exhibit "A" is a true and correct copy of the Complaint in mortgage foreclosure. 3. On December 7, 2005, the premises located at 457 West Main Street, Walnut Bottom, PA 17266, was sold at judicial sale pursuant to Writ of Execution issued out of the captioned case. Attached hereto, made a part hereof; and marked as Exhibit ''B'' is a true and correct copy of the Praecipe for Judgment and Writ of Execution. 4. At the judicial sale, the property was struck down to a third party bidder for the amount of $93,000.00. EXHIBIT "B" .JI J 5. On or alJout January 6, 2006, in accordance with Pa.R.C,P, 3136(d), the Sheriff issued a proposed Schedule of Distribution, which distribution listed the Plaintiff as receiving $75,118.22. Attached hereto, made a part hereof and marked as Exhibit "c'" is a true and correct copy of the Sheriff's proposed Schedule of Distribution. 6. The Sheriff's proposed Schedule of Distribution fails to reference the proper amount to be paid to the executing Plaintiff. 7. Plaintiff believes and therefore avers, that it is entitled to proceeds in the amount of $84,637.13, as it has expended additional sums to pay real estate taxes and other costs collectable under the Note and Mortgage relative to the mortgaged property, The Superior Court of Pennsylvania held in the case of Extraco Mortgage v. Williams 2002 WL 1737474 (pa. Super 2002), that payments for taxes, insurance, and other costs relate back to the date of the Mortgage for priority and that those amounts can be collected in distribution of third party sale proceeds even if they were not claimed in the mortgage foreclosure Complaint or included in the judgment amount. 8. Plaintiff is entitled to be paid these additional sums from distribution of the sale proceeds in this matter. The amounts due Plaintiff are as follows: Principal Balance Interest to December 7, 2005 Escrow Less Suspense Late Charges BPO Property Preservation fees Property Inspections Legal Fees/Costs Other fees due Previous Sheriff's Deposit(s) Previous Sheriff's Deposit Refund(s) Current Sheriff's Deposit $65,280,93 $8,648.69 $3,845.58 - $0.00 $513.24 $0,00 $135.00 $8.90 $4,501.69 $203.10 $0,00 - $0.00 $1500.00 Total $84,637.13 .. J ..., WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing dis ribution to the executing Plaintiff in the amount of$84,637J3. Respectfully submitted, Dat, : January 13. 2006 PHELAN HALLINAN AND SCHMIEG, LLP By: ~:nt~~ Michele M, Bradford, Esq. Attorney for Plaintiff ... Karl M. Ledebohm, Esq. Supreme Court ID # : 59012 P.O. Box 173 New Cumberland, P A 17070-0173 (717)938-6929 Attorney for Petitioner WASHINGTON MUTUAL BANK, FA SIVI HOMES IDE LENDING, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFIRESPONDENT Vs. NO.: 05-352 DONNA M. BERDNICK NIKIA DONNA M. GOODHALL DEFENDANT. MEMBERS I ST FEDERAL CREDIT UNION PETITIONER : CIVIL ACTION-LAW MEMBERS 1ST FEDERAL CREDIT UNION'S PETITION TO STRIKE "EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P,. RULE 3136(d)" FILED BY WASHINGTON MUTUAL BANK. F.A, SIIII TO HOMESIDE LENDING. INC. ("WASHINGTON MUTUAL") OR. IN THE ALTERNATIVE. TO REOUlRE WASHINGTON MUTUAL TO PROVIDE AN ITEMIZED ACCOUNTING OF ADDITIONAL PROCEEDS SOUGHT AND NOW, comes Members 1st Federal Credit Union, the Petitioner in the above captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and makes the following Petition to Strike "Exceptions to Sheriff's Sale Distribution Pursuant to P A R.C.P. Rule 3136(d)" filed by Washington Mutual Bank, FA SIIII to Homeside Lending, Inc., or, in the alternative, to provide an itemized accounting of additional proceeds sought and sets forth in support thereof as follows: 1 EXHIBIT "e" ,. . , - I 1. Petitioner, Members 1st Federal Credit Union ("Members 1st'), is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PAl 7055. 2. Respondent, Washington Mutual Bank, F.A. SIVI to Homeside Lending, Inc., ("Washington Mutual") is the plaintiff in the above captioned action in mortgage foreclosure. 3. Members 15t is the holder of that certain judgment entered before the Cumberland County Court ofComrnon Pleas to docket Number: 03-5792 (the "Judgment") On January 5, 2004 in the original principal amount of ($16,827.00) plus interest at the rate of $5.02233 per day, through the date of payment, including on and after the date of entry of the judgment on the complaint, additional attorney's fees and costs of suit (the "Judgment"). 4. The Judgment is a lien on all that certain real estate known and numbered as 457 West Main Street, Walnut Bottom, PA 17266 (the "Property") which is the subject of the foreclosure action filed by Plaintiff to the above captioned matter. 5. The lien of the Judgment in favor of Members 1st is junior to the lien of the mortgage in favor of Washington Mutual which is the subject of the above captioned foreclosure action. 6. At the judicial sale in the above captioned matter, the Property was struck down to a third party bidder for the amount of $93,000.00. 2 I' ' , ti 7. On or about January 6, 2006, the Sheriff for Cumberland County (the "Sheriff') posted the proposed schedule of distribution (the "Schedule of Distribution"), a copy of which is attached hereto as exhibit "A," which reflected, inter alia, the distribution to Members 151 of $16,646,54 on account of the lien of the Judgment in favor of Members 1 st. 8. Washington Mutual filed its Exceptions to Sheriffs Sale Distribution Pursuant to P A.R.C.P. Rule 3136(b), (the "Exceptions") in which Washington Mutual seeks approximately $9,5]8.91 in additional distributions. A copy of the Exceptions are attached hereto as exhibit "8" and made part hereof. 9. Pursuant to PA. R.C.P. 3136(d) exceptions must be filed, "...with the sheriff not later than ten (10) days after the filing ofthe proposed schedule." ]0. PA. R. C. P. 3136(e) further specifically provides, "Upon the filing of exceptions, the sheriff shall transmit them to the Prothonotary together with a copy of the proposed schedule of distribution." 11. The instant Exceptions were not filed by Washington Mutual with the Sheriff s Office as required by the clear and unambiguous language of P A R.C.P. 3136(d) but were filed with the Prothonatary's office. 12. As a result of Washington Mutual's failure to file the instant Exceptions with the Sheriffs Office, the Sheriff distributed the proceeds of the sale in accordance with the Schedule of Distribution including, without limitation, $16,646.54 to Members 1st. 13. As a result ofa conference before the Honorable Judge Oler on Washington Mutual's Motion to Stop Payment filed in the above captioned matter, the 3 )..' .." Sheriff s office stopped payment on the check issued to Members 1 st in the amount of $16,646.54. 14. No prior notice of the above conference before the Honorable Judge Oler was received by the law office of Karl M. Ledebohm, Esq., legal counsel for Members 1 '" and the parties have agreed for the purpose of avoiding duplicitous hearings and to promote judicial economy to preserve the issues raised in this petition for resolution at the hearing on the Exceptions currently scheduled before the Honorable Judge Guido on February 17, 2006. 15. For some or all of the above reasons, the Exceptions must be stricken, with prejudice, for Washington Mutual's failure to file the Exceptions with the Sheriffs office in a timely manner in accordance with P A.R.C.P. 3136(d). 16. The concurrence oflegal counsel for Washington Mutual in this motion has been sought and legal counsel for Washington Mutual does not concur in the relief requested herein. WHEREFORE, Members 1st Federal Credit Union requests this honorable Court to strike, with prejudice, the "Exceptions to Sheriffs Sale Distribution Pursuant to P A R.C.P. Rule 3136(d)" filed by Washington Mutual Bank, FA slVr to Homeside Lending, Inc., in the above captioned matter and to order the Sheriff to distribute to Members 1st the $16,646.54 from the proceeds ofthe Sheriff's sale in accordance with the current Schedule of distribution. II 17. The averments set forth in paragraphs 1 through 16 are incorporated herein by reference as if set forth in full. 4 J.." "ff 18. Even if this Court finds that the failure to file the Exceptions in a timely manner is not fatal to Washington Mutual's claims, the Exceptions fail to set forth with sufficient specificity the exact nature and the amounts for, among other things, taxes and hazard insurance and other items claimed by Washington Mutual in support of its claim for additional proceeds above and beyond the amount of its judgment in the above captioned matter to enable Members 1st and this Court to determine whether Washington Mutual is entitled to the relief requested. 19. The concurrence oflegal counsel for Washington Mutual in this motion has been sought and legal counsel for Washington Mutual does concur in the relief requested herein. WHEREAS, Members 1st Federal Credit Union respectfully requests that this honorable Court require Washington Mutual Bank, F.A. SIVI to Homeside Lending, Inc., to provide an itemized accounting of the additional amounts claimed in its Exceptions filed in this matter. Date: January 31, 2006 ~t12Q Karl M. Ledebohm, Esq. Supreme Court ID # : 59012 P.O. Box 173 New Cumberland, P A 17070-0173 (717)938-6929 Attorney for Petitioner 5 ," ~.. ... ..r VERIFICATION I, Gregory D. Fuller, Collections Manager for Members 1st Federal Credit Union, being authorized to do so on behalf of Members 1 st Federal Credit Union, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Members 1st Federal Credit Union By: ) -0 F- . ry D. Fuller, Collections Manager " ".) () C:.J '-. '.~ , ., C',-' ~" L_ ::;:l z r:l~~ ( " i.::" -0 ;(,; -". . PI C,_) . '. Co..) .n '"" .< Karl M. Ledebohm, Esq. Supreme Court ID # : 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Petitioner WASHINGTON MUTUAL BANK, FA SIIII HOMESIDE LENDING, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFIRESPONDENT Vs. NO.: 05-352 DONNA M. BERDNICK NIKIA DONNA M. GOODHALL DEFENDANT. MEMBERS 1 ST FEDERAL CREDIT UNION PETITIONER : CIVIL ACTION-LAW MEMBERS 1ST FEDERAL CREDIT UNION'S PETITION TO STRIKE "EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P.. RULE 3136(d)" FILED BY WASHINGTON MUTUAL BANK. F.A. SIIII TO HOMESIDE LENDING. INC. ("WASHINGTON MUTUAL") OR. IN THE AL TERNA TIVE. TO REOUIRE WASHINGTON MUTUAL TO PROVIDE AN ITEMIZED ACCOUNTING OF ADDITIONAL PROCEEDS SOUGHT AND NOW, comes Members 1 st Federal Credit Union, the Petitioner in the above captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and makes the following Petition to Strike "Exceptions to Sheriff's Sale Distribution Pursuant to P A RC.P. Rule 3136(d)" filed by Washington Mutual Bank, FA SIIII to Homeside Lending, Inc., or, in the alternative, to provide an itemized accounting of additional proceeds sought and sets forth in support thereof as follows: 1 I 1. Petitioner, Members 1 st Federal Credit Union ("Members 1 sf), is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PA 17055. 2. Respondent, Washington Mutual Bank, F.A. SlUT to Homeside Lending, Inc., ("Washington Mutual") is the plaintiff in the above captioned action in mortgage foreclosure. 3. Members 1st is the holder of that certain judgment entered before the Cumberland County Court of Common Pleas to docket Number: 03-5792 (the "Judgment") on January 5, 2004 in the original principal amount of ($16,827.00) plus interest at the rate of $5.02233 per day, through the date of payment, including on and after the date of entry of the judgment on the complaint, additional attorney's fees and costs of suit (the "Judgment"). 4. The Judgment is a lien on all that certain real estate known and numbered as 457 West Main Street, Walnut Bottom, PA 17266 (the "Property") which is the subject of the foreclosure action filed by Plaintiff to the above captioned matter. 5. The lien of the Judgment in favor of Members 1 sl is junior to the lien of the mortgage in favor of Washington Mutual which is the subject ofthe above captioned foreclosure action. 6. At the judicial sale in the above captioned matter, the Property was struck down to a third party bidder for the amount of$93,000.00. 2 7. On or about January 6, 2006, the Sheriff for Cumberland County (the "Sheriff') posted the proposed schedule of distribution (the "Schedule of Distribution"), a copy of which is attached hereto as exhibit "A," which reflected, inter alia, the distribution to Members 1 st of $16,646,54 on account of the lien of the Judgment in favor of Members 1 st. 8. Washington Mutual filed its Exceptions to Sheriff's Sale Distribution Pursuant to PA.R.C.P. Rule 3136(b), (the "Exceptions") in which Washington Mutual seeks approximately $9,518.91 in additional distributions. A copy of the Exceptions are attached hereto as exhibit "B" and made part hereof. 9. Pursuant to PA. R.C.P. 3136(d) exceptions must be filed, "...with the sheriff not later than ten (10) days after the filing of the proposed schedule." 10. PA. R. C. P. 3136(e) further specifically provides, "Upon the filing of exceptions, the sheriff shall transmit them to the Prothonotary together with a copy of the proposed schedule of distribution." 11. The instant Exceptions were not filed by Washington Mutual with the Sheriff's Office as required by the clear and unambiguous language ofPA R.C.P. 3136(d) but were filed with the Prothonatary's office. 12. As a result of Washington Mutual's failure to file the instant Exceptions with the Sheriff's Office, the Sheriff distributed the proceeds of the sale in accordance with the Schedule of Distribution including, without limitation, $16,646.54 to Members 1 st. 13. As a result of a conference before the Honorable Judge Oler on Washington Mutual's Motion to Stop Payment filed in the above captioned matter, the 3 Sheriff's office stopped payment on the check issued to Members I st in the amount of$16,646.54. 14. No prior notice of the above conference before the Honorable Judge Oler was received by the law office of Karl M. Ledebohm, Esq., legal counsel for Members I s" and the parties have agreed for the purpose of avoiding duplicitous hearings and to promote judicial economy to preserve the issues raised in this petition for resolution at the hearing on the Exceptions currently scheduled before the Honorable Judge Guido on February 17,2006. 15. For some or all of the above reasons, the Exceptions must be stricken, with prejudice, for Washington Mutual's failure to file the Exceptions with the Sheriffs office in a timely manner in accordance with PA.R.C,P, 3136(d). 16. The concurrence oflegal counsel for Washington Mutual in this motion has been sought and legal counsel for Washington Mutual does not concur in the relief requested herein. WHEREFORE, Members I st Federal Credit Union requests this honorable Court to strike, with prejudice, the "Exceptions to Sheriff's Sale Distribution Pursuant to PA R.C.P. Rule 3136(d)" filed by Washington Mutual Bank, FA SIIII to Homeside Lending, Inc., in the above captioned matter and to order the Sheriffto distribute to Members 1 st the $16,646.54 from the proceeds of the Sheriff's sale in accordance with the current Schedule of distribution. II 17. The averments set forth in paragraphs 1 through 16 are incorporated herein by reference as if set forth in full. 4 18. Even if this Court finds that the failure to file the Exceptions in a timely manner is not fatal to Washington Mutual's claims, the Exceptions fail to set forth with sufficient specificity the exact nature and the amounts for, among other things, taxes and hazard insurance and other items claimed by Washington Mutual in support of its claim for additional proceeds above and beyond the amount of its judgment in the above captioned matter to enable Members 1 st and this Court to determine whether Washington Mutual is entitled to the relief requested. 19. The concurrence of legal counsel for Washington Mutual in this motion has been sought and legal counsel for Washington Mutual does concur in the relief requested herein. WHEREAS, Members 1 st Federal Credit Union respectfully requests that this honorable Court require Washington Mutual Bank, F.A. SIUI to Homeside Lending, Inc., to provide an itemized accounting of the additional amounts claimed in its Exceptions filed in this matter. Date: January 31, 2006 Karl M. Ledebohm, Esq. Supreme Court 10 # : 59012 P.O. Box 173 New Cumberland, P A 17070-0173 (717)938-6929 Attorney for Petitioner 5 - ....,__.-..... -0. .~.....,.__.~..~_~_._,__,.___...._._.__ . b ~ SCHEDULE OF DISJ'RIBUTlON SALE NO. 11 Date Filed: January 06, 2006 Writ No. 2005-352 Civil Term Washington Mutual Bank, FA, stili to Homeside Lending, Inc. VS Donna M, Berdnick alkJa Donna M, Goodhall 457 West Main Street Walnut Bottom, P A 17266 Sale Date: Buyer: Bid Price: December 7, 2005 P. Terry Cline $93;000,00 Real Debt: Interest: Attorney Costs: $73,117.74 1,875.12 125.36 Total: $75,118.22 DISTRIBUTION: Receipts: Cash on account (05/03/2005): Cash on account (12/07/2005): Cash on account (12/22/2005): $ 1,500.00 9,300.00 87,408.20 Total Receipts: $98,208.20 EXHIBIT "A" r I. -' Disbursements: Sheriffs' Costs Legal Search State Transfer Tax Local Transfer Tax Beverly Rosenberry, Tax Collector Attorney Daniel Schmieg Washington Mutual Bank, FA stili To Homeside Lending, Inc. Members 1st Federal Credit Union Total Disbursements: Balance for distribution: So Answers: ,~~~~~ R. Thomas Kline Sheriff -- $ 2,892.86 200,00 824.10 824.10 202.38 1,500.00 75,118.22 16,646.54 ($98,208.20) 0.00 ., HELAN HALLINAN AND SCHMIEG, LLP By: MICHELE M. BRADFORD, ESQ. Atty. LD, No, 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 WASHINGTON MUTUAL BANK, FA SIIII TO HOMESIDE LENDING, INC. .. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : CUMBERLAND County vs. DONNA M. BERDNICK NKlA DONNA M, GOODHALL : No, 05-352 Defendant EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P.. RULE 3136(d) And now comes Plaintiff, WASHINGTON MUTUAL BANK, FA 811/1 TO HOME8IDE LENDING, INC., by and through its counsel, Phelan Hallinan & Schmieg, LLP, and prays that this Honorable Court grant Plaintiff's Exceptions to Sheriff's Sale Distribution of Proceeds for the following reasons: 1. The Plaintiff is WASHINGTON MUTUAL BANK, FA SIIII TO HOMESIDE LENDING, INC., the holder of that certain Mortgage dated March 18,1998 and recorded March 20, 1998 in Mortgage Book 1439 Page 500. 2. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings on January 20, 2005. Attached hereto, made a part hereof and market as Exhibit "A" is a true and correct copy of the Complaint in mortgage foreclosure. 3. On December 7,2005, the premises located at 457 West Main Street, Walnut Bottom, PA 17266, was sold at judicial sale pursuant to Writ of Execution issued out of the captioned case. Attached hereto, made a part hereof; and marked as Exhibit "B" is a true and correct copy of the Praecipe for Judgment and Writ of Execution. 4. At the judicial sale, the property was struck down to a third party bidder for the amount of $93,000.00. EXHIBIT "B" J ...# 5. . On or alJout January 6, 2006, in accordance with PaR.C.P. 3136(d), the Sheriff issued a proposed Schedule of Distribution, which distnoution listed the Plaintiff as receiving $75,118.22. Attached hereto, made a part hereof and marked as Exhibit "c'" is a true and correct copy of the Sheriff's proposed Schedule of Distribution. 6. The Sheriff's proposed Schedule of Distribution fails to reference the proper amount to be paid to the executing Plaintiff. 7. Plaintiff believes and therefore avers, that it is entitled to proceeds in the amount of $84,637.13, as it has expended additional sums to pay real estate taxes and other costs collectable under the Note and Mortgage relative to the mortgaged property. The Superior Court of Pennsylvania held in the case of Extraco Mortgage v, Williams 2002 WL 1737474 (pa. Super 2002), that payments for taxes, insurance, and other costs relate back to the date of the Mortgage for priority and that those amounts can be collected in distribution of third party sale proceeds even if they were not claimed in the mortgage foreclosure Complaint or included in the judgment amount. 8. Plaintiff is entitled to be paid these additional sums from distribution of the sale proceeds in this matter. The amounts due Plaintiff are as follows: Principal Balance lnteresttoDecernber7,2005 Escrow Less Suspense Late Charges BPO Property Preservation fees Property Inspections Legal Fees/Costs Other fees due Previous Sheriff's Deposit(s) Previous Sheriff's Deposit Refund(s) Current Sheriff's Deposit $65,280.93 $8,648.69 $3,845.58 - $0,00 $513.24 $0.00 $135.00 $8.90 $4,501.69 $203.10 $0.00 - $0.00 $1500.00 Total $84,637,13 .., ..., WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing distribution to the executing Plaintiff in the amount of $84,637. 13. Respectfully submitted, Date: January 13. 2006 PHELAN HALLINAN AND SCHMIEG, LLP By: 77}~ n-/- ~ Michele M. Bradford, Esq. Attorney for Plaintiff VERIFICATION I, Gregory D. Fuller, Collections Manager for Members 1 st Federal Credit Union, being authorized to do so on behalf of Members I st Federal Credit Union, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Members 1 st Federal Credit Union By: f("1 ~ G~ Fuller, Collections Manager C) C'- ,--' r:-:::J. L,-;' cr.. c__ ~' .) (..) Karl M. Ledebohm, Esq. Supreme Court ID # : 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Petitioner WASHINGTON MUTUAL BANK, FA S/VI HOMES IDE LENDING, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFIRESPONDENT Vs. NO.: 05-352 DONNA M. BERDNICK NIKlA DONNA M. GOODHALL DEFENDANT. MEMBERS I ST FEDERAL CREDIT UNION PETITIONER : CIVIL ACTION-LAW AFFIDAVIT OF SERVICE I, Karl M. Ledebohm, Esquire, being duly sworn according to law, swear and affirm as follows: That on the 6th day of February, 2006, I sent by United States regular mail, postage prepaid, MEMBERS 1 ST FEDERAL CREDIT UNION'S PETITION TO STRIKE "EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P., RULE 3136(d)" FILED BY WASHINGTON MUTUAL BANK, F.A. SIIII TO HOMESIDE LENDING, INC. ("WASHINGTON MUTUAL") OR, IN THE ALTERNATIVE, TO REQUIRE WASHINGTON MUTUAL TO PROVIDE AN ITEMIZED ACCOUNTING OF ADDITIONAL PROCEEDS SOUGHT filed in the above captioned matter to the following individuals at the following address: Michele M. Bradford, Esq. Phelan Hallinan & Schmieg, LLP 1617 John F. Kennedy Boulevard Philadelphia, P A 19103 Attorney for Respondent Sheriff for Cumberland County One Court House Square Carlisle, PA 17013 Attention: Deputy Jody Smith Donna M. Berdnick AlKI A Donna M. Goodhall 457 West Main Street Walnut Bottom, P A 17266 Date: February 6, 2006 Respectfully submitted, ',-,,---. arl . e e ohm, Esq. upreme Court 10 #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Members 1 st Federal Credit Union -1'\ i--r c) \ C:"J .-:) ';;.{-.. :::1 ,. '-I' c.:J o , .... Karl M. Ledebohm, Esq. Supreme Court ID # : 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Petitioner WASHINGTON MUTUAL BANK, FA SlIll HOMESIDE LENDING, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFIRESPONDENT Vs. NO.: 05-352 DONNA M. BERDNICK NIKIA DONNA M. GOODHALL DEFENDANT. MEMBERS 1 ST FEDERAL CREDIT UNION PETITIONER : CIVIL ACTION-LAW AFFIDAVIT OF SERVICE I, Karl M. Ledebohm, Esquire, being duly sworn according to law, swear and affirm as follows: That on the 7th day of February, 2006, I sent by United States regular mail, postage prepaid, MEMBERS 1ST FEDERAL CREDIT UNION'S PETITION TO STRIKE "EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P., RULE 3136(d)" FILED BY WASHINGTON MUTUAL BANK, F.A. SIIII TO HOMESIDE LENDING, INC. ("WASHINGTON MUTUAL") OR, IN THE ALTERNATIVE, TO REQUIRE WASHINGTON MUTUAL TO PROVIDE AN ITEMIZED ACCOUNTING OF ADDITIONAL PROCEEDS SOUGHT filed in the above captioned matter to the following individuals at the following address: Donna M. Berdnick AIK} A Donna M. Goodhall 30 Mashapang, Road Union, CT 06076 \ '", Date: February 7, 2006 Respectfully submitted, arl M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Members 1 st Federal Credit Union .-..," c'; " '" ~-=--, .".) ':,-, "....., -'1 -r] r"',: -~ Cu ~, C,) C) C.! f' . .r. , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, F.A. SIIIII to Homeside Lending, Inc. Plaintiff vs. Donna M. Berdnick, AlKJA Donna M. Goodhall Defendant Members First Federal Credit Union Petitioner Civil Division No. 05-352 AND NOW, this 'J.,..J- ORDE~ day of {'II , 2006, upon consideration of the Stipulation in settlement of Exceptions to Proposed Schedule of Distribution, between Washington Mutual Bank and Members First Federal Credit Union, it is hereby: ORDERED and DECREED that the Sheriff distribute sums from the December 7, 2005 Sheriffs sale proceeds as follows: Sheriff s Costs Legal Search State Transfer Tax Local Transfer Tax Beverly Rosenberry, Tax Collector Attorney Daniel Schmieg Washington Mutual Bank, F.A. s/ifi Members 151 Federal Credit Union TOTAL 5-~-O& ~ ~ .~ J. (' r~.- ' 02/14/06 TUE 15:57 FAX 2155638459 PllELANHALLIN&SCHMIEG 1i!I002 " . .. ~ Washington Mutual Bank, F.A. S/IIII to Homeside Lending, Inc. Plaintiff Court of Common Pleas Civil Division vs. Donna M. Berdnick, AIKJ A Donna M, Goodhall Defendant Cumberland County No. 05-352 Members First Federal Credit Union Petitioner STIPULATION WHEREAS, Plaintiff commenced the instant mortgage foreclosure action by filing a Complaint on January 20, 2005; WHEREAS, Plaintiff obtained a default judgment on April 8, 2005 in the amount of $73,117.74; WHEREAS, the Property went to Sheriffs sale on December 7,2005 and was purchased by a third party for the sum of $93,000.00; WHEREAS, the Sheriff of Cumberland County issued a proposed Schedule of Distribution on January 6, 2006 proposing to pay Plaintiff the sum of$75,118.22 and paying the sum of$16,646.54 to Members First Federal Credit Union; WHEREAS, Plaintiff filed Exceptions to the proposed Schedule of Distribution on June January 17, 2006 claiming the sum of$84,637.13; WHEREAS, Members First Federal Credit union filed a Petition to Intervene and a Petition to Strike Exceptions on or about January 31, 2006; PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-3459 Email: michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey* VIA FEDERAL EXPRESS February 28,2006 Honorable Edward E. Guido Court of Common Pleas Cumberland County 1 Courthouse Square Carlisle, PA 17013 RE: Washington Mutual Bank, F.A. vs. Donna M. Berdnick Cumberland County CCP, No. 05-352 Dear Judge Guido, This letter follows my February 16, 2006 letter to Your Honor reporting on the settlement of Plaintiffs Exceptions to Distribution. Enclosed please find the original, executed Stipulation between the Plaintiff and the junior mortgagee, Member's First Federal Credit Union as well as our proposed Order. We request that you enter the enclosed Order directing the Sheriff to distribute sums from the December 7,2005 Sheriffs sale proceeds. If Your Honor should have any questions relative to this matter, 1 am readily available. Very truly yo~ , Esquire MMB/kah Enclosures cc: Sgt. Jody Smith (via facsimile: 717-240-6397) Ed Schoepp, Esquire (via facsimile: 717-240-6448) Donna Berdnick (via regular mail) Karl M. Ledebohm, Esquire (via facsimile: 717-932-0317) Nichol Fleury, Washington Mutual Home Loans (via email) PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-3459 EmaiL Kim.hafto@fedphe.com Kimberly A. Hafto Legal Assistant, EXT. 1372 Representing Lenders in Pennsylvania and New Jersey' VIA FEDERAL EXPRESS March 1,2006 Honorable Edward E. Guido A TTN: Sandy Cumberland County Courthouse 1 Courthouse Square 4th Floor Carlisle, PA 17013 RE: Washington Mutual Bank, F.A. vs. Donna M. Berdnick Cumberland County CCP, No. 05-352 Dear Sandy, Pursuant to our telephone conversation of today, enclosed please find the proposed Order for Judge Guido's review. I thank you again for your kind assistance in this matter. Ver truly yours, ,~ ~ l imberly . Hafto Enclosu