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14-0330
Supreme Court-of Pennsylvania Cour ,24 Common ,Pleas For Prothonotary Use Only: Gvi[Cove> eet C County Docket No: %r The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: 4 S ❑x Complaint ❑ Writ of Summons ❑ Petition E+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff s Name: MOREQUITY, INC. Lead Defendant's Name: ROBERT RICHARD KNAUSS T I Dollar Amount Requested: ❑ within arbitration limits Are money damages requested? El Yes N No 0 (Check one) 0 outside arbitration limits N Is this a Class Action Suit? ❑ Yes Z No. Is this an MDJ Appeal? ❑ Yes No A Name of Plaintiff/Appellant's Attorney: John D. Krohn Esq., Id. No.312244 Phelan Halligan LLP ❑ Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are maki4 more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies • Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment • Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections • Nuisance ❑ Dept. of Transportation • Premises Liability ❑ Statutory Appeal: Other • Product Liability (does not S include mass tort) ❑ Employment Dispute: • Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco • Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non- Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin ❑ Dental ❑ Quiet Title ❑ Other: • Legal ❑ Other: • Medical • Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 r.l % •��- ` m tt t y. � 0` . -8 Ry 2014 JAS / OTAI j 10: 2 9 PF fs a N p co YLV I 14T y PHELAN HALL.INAN, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 j olm.luohn @phelanhal limn. com 215 -563 -7000 MO.REQUIT'Y, INC. 6101 CONDOR DRIVE COURT OF COMMON PLEAS MOORPARK, CA 93021 CIVIL DIVISION Plaintiff V. TERM 336 ROBERT RICHARD KNAUSS NO. l ' U 6 LAUREL DRIVE ENOLA, PA 17025 -1513 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE S' File #: 931329 cwla 16 �' �.3C�bS�s 1. Plaintiff is MOREQU.ITY, INC. 6101 CONDOR DRIVE MOORPARK, CA 93021 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT RICHARD KNAUSS 6 LAUREL DRIVE ENOLA, PA 17025 -1513 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 05/23/2005 ROBERT RICHARD KNAUSS and SANDRA LEE KNAUSS made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMII\TEE FOR WILMINGTON FINANCE, A DIVISION OF AIG FEDERAL SAVINGS BANK, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1909, Page 850 The PLAINTIFF is now the mortgagee and is in the process of for nalizin an assignment of same. The mortgage and. assignment(s), if an p' g g Y, are matters of public record and are incorporated herein by .reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 931329 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2013 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 09/1.8/2013: Principal Balance $145,696.96 Interest $1,428.37 05/01/2013 through 09/30/2013 Late Charges $1.07.46 Escrow Deficit $584.87 TOTAL $147,817.66 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of -Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). File #: 931329 9: SANDRA LEE KNAUSS was a co- record owner of the mortgaged premises as a tenant by the entirety. By virtue of SANDRA LEE KNAUSS's death on or about 04 /2012013, her ownership interest was automatically vested in ROBERT RICHARD KNAUSS, the surviving tenant by the entirety. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $147,817.66, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: OILOL� John D. Krol , Esq., Id. No.312244 Attorney for Plaintiff File #; 931329 S � LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of East Pennsboro, County of Cumberland, State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the easterly line of Laurel Drive 236.23 feet measured South westwardly along said line from the southerly line of Cordial Drive at the southerly line of Lot No. 58 on the hereinafter mentioned Plan; thence along the latter South 86 degrees 28 minutes 48 seconds East 132.42 feet to a point; thence by Lot No. 49 South 1 degree 21 minutes 56 seconds East 48.12 feet to a point; thence by Lot No. 60, on said Plan South 68 degrees 12 minutes West 125 feet to the easterly line of Laurel Drive; thence by the latter North 21 degrees 48 minutes West 3.36 feet to a point of curve; thence still along Laurel Drive Northwardly by a curve to the right having a radius of 230 feet an arc distance of 101.64 feet to the place of BEGINNING. BEING Lot No. 59 on the Plan of Mountain View Estates recorded in Plan Book 23, Page 103, Cumberland County Records. HAVING thereon erected a brick and aluminum dwelling house. The improvements thereon being known as 6 Laurel Drive, Enola, Pennsylvania 17025. CUMBERLAND COUNTY, PENNSYLVANIA: TAX ID# 09-12- 2991 -041 PROPERTY ADDRESS: 6 LAUREL DRIVE, ENOLA, PA 17025 -1513 PARCEL #09 -12- 2991 -041. File #: 931329 i VERIFICATION Justine Garcia Default Ocu list 11 hereby state that I am _.....__ ..,.,,,_ ..... _ ..............:. of PENNYMAC LOAN SERVICES, LLC, mortgage servicing agent for Plaintiff in this matter. The Plaintiff has delegated the mortgage servicing responsibility to PENNYMAC LOAN SERVICES, LLC for the mortgage loan which is the subject of this action. Plaintiff lacks sufficient information to make this verification because Plaintiff is not the entity which maintains the business records for the mortgage. PENNYMAC LOAN SERVICES, LLC is ill possession and control of all documents and records supporting the statements in the foregoing complaint and therefore the servicer, rather than the Plaintiff, is the appropriate entity to make this verification. I have reviewed the business records relating to this account, and am authorized to make this verification. I hereby verify that the statements made in. the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. §4904 .relating to unsworn falsification to authorities. PENNYMAC LOAN SERVICES, LLC, as servicing agent for MORl QUI l Y, 1NC Date:, 4 d I3 y. Nanne: Justine Garda. Title: Default Spe 11 931329 Name: KNAUSS rile #: 931329 FORM 1 IN THE COURT OF COMMON PLEAS MOREQUITY, INC. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS.'' ROBERT RICHARD KNAUSS Defendant(s) Civil -el 7 NOTICE OF RESIDENTIAL MORTGAGE FORECLO� DIVERSION PROGRAM p�G � You have been served with a foreclosure complaint that could cause you to lose your home. 0 If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact Mid'enn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal represetative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity tomeet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: 1 & bq Date John D. Krohn, Esq., Id. No.312244 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOM ER/PRI MARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: -- Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuit. I Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I/We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am /are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1 Proof of income 2 Past 2 bank statements 3 Proof of any expected income for the last 45 days 4 Copy of a current utility bill 5 Letter explaining reason for delinquency and any supporting documentation (hardship letter) f NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 931329 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i✓ Sheriff Jody S Smith 2131 i,F Chief Deputy Richard W Stewart Solicitor - - PENNSYLVANIA MorEquity, Inc. Case Number vs. Robert Richard Knauss 2014-330 SHERIFF'S RETURN OF SERVICE 02/12/2014 11:00 AM- Deputy Amanda Ebersole, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Robert Richard Knauss at 6 Laurel Drive, East Pennsboro, Enola, PA 17025. cc ,AniCUTI AMANDA EBERSOLE, DEPUTY SHERIFF COST: $78.85 SO ANSWERS, February 18, 2014 RONNY R ANDERSON, SHERIFF • CF i : .N r' -',,i J r1�! JfrQ r/;r 20Pri Jtiti f i PH 2: 0 PENNSY� ANIAA>�r}, PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 MOREQUITY, INC. 6101 CONDOR DRIVE MOORPARK, CA 93021 Plaintiff v. ROBERT RICHARD KNAUSS 6 LAUREL DRIVE ENOLA, PA 17025-1513 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division No. 14 -330 -CIVIL Cumberland County MOTION TO LIFT CONCILIATION STAY Plaintiff, MOREQUITY, Inc. (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On January 16, 2014, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for his failure to make monthly payments of principal and interest upon his mortgage due June 1, 2013, and each month thereafter. A true and correct copy of the Complaint is 931329 attached hereto, made part hereof and marked as Exhibit "A". 2. On February 12, 2014, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendant. A true and correct copy of the Sheriff's Return of Service is attached hereto, made part hereof and marked as Exhibit "B". 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant has failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant has opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 931329 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Date: (01 /o 931329 BY: Respectfully submitted, PHELAN HALLINAN, LLP Jose Atto h `` Schalk, Esquire ey for Plaintiff Exhibi “A99 PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 Ono Pam Center Plaza Philadelphia, PA 19103 john.kiohn®pbolanhal G nan.com 213-363-7000 MOREQU]TY, INC. 6101 CONDOR DRIVE MOORPARK, CA 93021 Plaintiff ROBERT RICHARD KNAUSS 6 LAUREL DRIVE ENOLA, PA 17025-1513 Defendant OF ritpR i t?ET �J1tt 204 JAN ! 6 .AH !ft 300 LAND 'COUNT)?SYLVA. NIA. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Timm NO, 1-1 • � c) CUMBERLAND COUNTY CIVIL ACTION LAW COMPLAINT IN 1VIORTGAGE FORECLOSURE rye nem trie Nithlf to be a true and correct copy oft* 'TTORNEY FILE COP( Filet: 931329 PLEASE RETURN S E c T 1 U N A s E c T I 0 N Supreme Court of Pennsylvania Court'of Comn.kin Pleas Civil,Cover Sheet CUMBERLAND;, : ' County For Prothonotary Use Only:: Docket No: ,tsr- (he information collected on this form is used solely fir court administration purposes. This forms does not w plerne-rrt or re Waco the./lin and serviceof Jrlettititt);s• or other lxtlpet..y as 're f/tri •t'(11iv+, law or rules Of court. Commencement of Action: Cl Complaint 0 Writ of Summons 0 Petition O Transfer frau Another Jurisdiction 0 Declaration of faking Lead Plaintiff's Name: MOREQUITY, INC. Lead Defendant's Namc: ROBERT RICHARD KNAUSS Dollar Ainount. Requested: 0 within arbitration limits (Check one);; D outside arbitration limits Are money damages requested? 0 Ycs © No Is this a Class Action Suit? 0 Yes 0 No Is this an MDJ Appeal? 0 Ycs D No Name of Plaintiff/Appellant's Attorney: John D. Krohn, Esq.,1d.,No.3I2244• Phelan Hallinan, LLP (are a Self -Represented [Pro Se] Litigant) • Check here if you have no attorney 1Vatureofthc. Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that yoti consider most important. CONTRACT (do not Include Judgments; O Buyer Plaintiff ❑ Debt Collection: Credit Card ❑ Debt Collection: Other TORT (do not include Moss Tort) ❑ Intentional O Malicious Prosecution O Motor Vehicle O Nuisance O Premises Liability O Product Liability (does not include mass loft) ❑ Slander/Libel/ Defamation O Other: MASS TORT O Asbestos ❑ 'Tobacco O Toxic Tort - DES ❑ Toxic Tort - Implant O Toxic Waste O Other: PROFESSIONAL I.,IABILITY O Dental 0 Legal O Medical U Other Professional: Pa•R.CP.205.S O Employment Dispute: Discrimination O Employment Dispute: Other O Other: REAL PROPERTY O Ejectment O Eminent Domain/Condemnation ❑ Ground Rcnt O Landlordll'enant.Dispute (S1 Mortgage Foreclosure: Residential ❑ Mortgage Foreclosure: Commercial 0 Partition 0 Quiet Title O Other: CIVIL APPEALS Administrative Agencies O Board of Assessment ❑ Board of Elections O Dept. of Transportation O Statutory Appeal: Other 0 Zoning I3oard ❑ Other: MISCEI,LANEO US O Cominon Law/Statutory Arbitration O Declaratory Judgment 0 Mandamus 0 Non -Domestic Relations Restraining Order O Quo Wan-anto U Replevin D Other: Updated 01/0/1/21)11 MOREQUITY, INC. VS. ROBERT RICHARD KNAUSS Plaintiff(s) Defendant(s) FORM .l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court -supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact Mid'enr‘Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative ut no.charge to you. Once you have been appointed. a legal representative, you mustpromptly>meet with that legal represatativc within twenty (20) days of the appointment -date, During that meeting, you ;must provide the legal representative withall. requested financial information so• that a loan resolution_ proposal can be prepared on your behalf: .!frau andyour legal representative complete a financial worksheet in the format ,attached hereto, the legal representative will prepareand a_ :Request for :Concitiation.'Confercrtee with the Cour; which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must prov:ideyuur.Jawyer with all requested financial information so that a loan resolution proposal can be preparedon your behalf. If:yott and your lawyer complete a financial worksheet in the format attached hereto, your lawyer wiliprepare land file`.a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service noon youof the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity tomeet with a representative of your tender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Dare Respectfully submitted; John D. Kr4th 1, Esq,, Id, No.312244 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER.REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes No Ej Listing date: Realtor Name: Realtor Phone: _ -- Borrower Occupied? Yes 11 No fl Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: State: Zip: Home: Office: Cell: Other: IIow long? Home:___ _ Cell; Office: Other: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender; Type of Loan: Loan Number: Date You Closed Your Loan: Total Mortgage Payments Amount: $ Date of Last Payment: Primacy Reason for Default: Included Taxes & Insurance:_ Is the loan in Bankruptcy? Yes ❑ No [ If yes, provide names, location of court, case number & attorney: Assets, Amount Owl: Value: Home: $ $„. . Other Real Estate: $ $ _ Retirement Funds: $$ ..�»»». �.....� ..ms,.._.,..µ Investments: $ . $ Checking: .. Savings: $ $_. Other: $ $. Automobile #1: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles,, boats, motorcycles): Model;,_„ Year::: Amount owed: Value Year: Year: Monthly Income Name of Employers: 1, Monthly Gross .Monthly Net 2. Monthly Gross Monthly Net Monthly Net 3. _Monthly Gross Additional Income Description (not wages): 1, monthly amount: 2. __ monllily amount: F3orrower Pay Days'.__ Co -Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) AMOUNT 2"" Mortgage Car Payment(s) Auto Insurance Auto fuel repairs Install. Loan Payment Child Support/Alim.. /Child Care/Tuit. EXPENSE Food Utilities CondotNeigh. Fees Med.�(notf covered) her prop..'a t___ Cable TV AMOUNT endin Mone ter Ex enses Amount Available for Monthly Mortgage Payments Based on Income & Expenses; Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency:T Phone (Office): Counselor: Email: Have you made application for Ho assistance? Yes © No ❑ ergency Mortgage Assistance Program (HE AP) If yes, please indicate the status of the application: Have you had any prior nego delinquency? n with your lender or lender's loan servieing company to resolve your Yes ❑ No❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: I/We, Phone: Phone: , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Co -Borrower Signature Date Date Please forward this document along with the following information to lender and lender's counsel: 1 Proof of income 2 Past 2 bank statements 3 Proof of any expected income for the last 45 days 4 Copy of a current utility bill 5 Letter explaining reason for delinquency and any supporting documentation (hardship letter) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File tl: 931329 PHELAN HAL1.1NAN, LLP John D, Krohn, Esq„ Id. No.3:12244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john,krohn@phelanhalLinan,coin 215-563-7000 ATTORNEY FOR PLAINTIFF MOREQUITY, INC, 6101 CONDOR DRIVE COURT OF COMMON PLEAS MOORPARK, CA 93021 CIVIL DIVISION Plaintiff TERM ROBERT RICHARD KNAUSS 6 LAUREL DRIVE ENOLA, PA 11025-1513 Pile 931329 Defendant NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE L Plaintiff is MOREQU.ITY, INC. 6101 CONDOR DRIVE MOORPARK, CA 93021 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT RICHARD KNAUSS 6 LAUREL DRIVE ENOLA, PA 17025-1513 who is/are the mortgagor(s) and/or real owner(s) of the property. hereinafter described. 3, On 05/23/2005 ROBERT RICHARD KNAUSS and SANDRA LEE KNAUSS made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR WILMINGTON FINANCE, A DIVISION OF AIG FEDERAL SAVINGS BANK, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1909, Page 850 The PLAINTIFF is now the mortgagee and is in the process of -formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public .record and are incorporated herein by.reference in accordance.with Pa,R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. �'llr. N: 931129 5.: The mortgage is in default because monthly payments of principal and interest Upon said mortgage due 06/01/2013 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 09/18/2013; Principal Balance $145,696.96 interest $1,428.37 05/01/2013 through 09/30/2013 Late Charges $107.46 Escrow Deficit $584.87 TOTAL $147,817,66` 7: Plaintiff is nsg seeking a judgment of personal liability (or an in personarn judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. if Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law, �..: Notice of Intention to Foreclose as set .forth in. Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 1"+k i1; Ul1129 9. SANDRA LEE KNAUSS was a co -record owner of the mortgaged premises as a tenant by the entirety. By virtue of SANDRA LEE KNAUSS'S death on or about 04/20/2013, her ownership interest was automatically vested in ROBERT RICHARD KNAUSS, the surviving tenant by the entirety. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the SUM of $147,817.66, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN BALLINAN, LLP By:. So D. •Kr6 Esq., Id. NO.3 2 44 Attorney for Plithi tiff ih 93112,9 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of East Pennsboro, County of Cumberland, State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the easterly line of Laurel Drive 236,23 feet measured South westwardly along said line from the southerly line of Cordial Drive at the southerly line of Lot No. 58 on the hereinafter mentioned Plan; thence along the latter South 86 degrees 28 minutes 48 seconds East 132.42 feet to a point; thence by Lot No. 49 South 1 degree 21 minutes 56 seconds East 48.12 feet to a point; thence by Lot No. 60, on said Plan South 68 degrees 12 minutes West 125 feet to the easterly line of Laurel Drive; thence by the latter North 21 degrees 48 minutes West 3.36 feet to a point of curve; thence still along Laurel Drive Northwardly by a curve to the right having a radius of 230 feet an arc distance of 101.64 feet to the place of BEGINNING. BEING Lot No. 59 on the Plan of Mountain View Estates recorded in Plan Book 23, Page 103, Cumberland County Records. HAVING thereon erected a brick and aluminum dwelling house, The improvements thereon being known as 6 Laurel Drive, Enola, Pennsylvania 17025. CUMBERLAND COUNTY, PENNSYLVANIA: TAX ID# 09-12-2991-041 PROPERTY ADDRESS: 6 LAUREL DRIVE, ENOLA, PA 17025-1513 PARCEL #09-12-2991-041. L.)31329 VERIFICATION, , hereby state that I HID Default Specialist 0 PENNYMAC LOAN SERVICES, LLC, mortgage servicing agent fbr Plaintiff in this matter. The Plaintiff has delegated the mortgage servicing responsibility to PENNYMAC LOAN SERVICES, LLC for themortgage loan which is the subject of this action. Plaintiff lacks sufficient information to make this verification because Plaintiff is not the entity which maintains the business records for the mortgage, PENNYMAC LOAN SERVICES, LLC is in possession and control of all documents and records supporting the statements in the foregoing complaint andtherefore the servicer, rather than The Plaintiff, is the appropriate entity to make this verification. I have reviewed the business records relating to this account, and am authorized to make this verification. I hereby verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief I understand that this statement is made subjeet to the penalties of 18 Pa.. C.S. §4904 relating to unsworn falsification to authorities. Date: 931329 Name: KNAUSS RI !329 PENNYMAC LOAN SERVICES, LLC, as servicing agent for MOREQUITY, HY:L.1,4( 041 - Name: '' lustine Garcia Title: . . Default Specialist II Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor • SHERIFF'S OFFICE OF CUMBERLAND COUNTY HE Pf1U 1 HQ11C1',. ?Oh FEB 25 PM 3: 214 :oinittrryjrb "k "h`• CUMBERLAND COUNTY 91$tv£GF..t<F.5q;:tt PENNSYLVANIA i VANIA MorEquity, Inc. Case Number vs.. Robert Richard Knauss 2014-330 SHERIFF'S RETURN OF SERVICE 02/12/2014 11:00 AM - Deputy Amanda Ebersole, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Robert Richard Knauss at 6 Laurel Drive, East Pennsboro, Enola, PA 17025. AMANDA EBERSOLE, DEPUTY SHERIFF COST: $78.85 SO ANSWERS, February 18, 2014 (e.,C;<.u'.tv:,n1;01:a,f: io iii5ofl 'nc PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 Attorney for Plaintiff MOREQUITY, INC. Court of Common Pleas 6101 CONDOR DRIVE MOORPARK, CA 93021 Civil Division Plaintiff No. 14 -330 -CIVIL v. Cumberland County ROBERT RICHARD KNAUSS 6 LAUREL DRIVE ENOLA, PA 17025-1513 Defendant CERTIFICATION OF SERVICE I, Joseph P. Schalk, Esquire, certify that I caused true and correct copies of Plaintiffs Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the person listed below on the date indicated: ROBERT RICHARD KNAUSS 6 LAUREL DRIVE ENOLA, PA 17025-1513 Date:.../441.y:_/0 931329 Schalk, Esquire rney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MOREQUITY, INC. Court of Common Pleas 6101 CONDOR DRIVE MOORPARK, CA 93021 Civil Division Plaintiff No. 14-330-CIVIL V. Cumberland County ROBERT RICHARD KNAUSS 6 LAUREL DRIVE ENOLA,PA 17025-1513 Defendant ORDER AND NOW,this / .7' day of 10-IA- , 2014, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. B7(:7 Y TH COURT: 7 J. LL c c : Xobert Richard Knauss Joseph P. Schalk, Esquire, Id. No. 91656 _ Attorney for Plaintiff 931329 PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 ROBERT RICHARD KNAUSS 6 LAUREL DRIVE ENOLA,PA 17025-1513 931329 E - , +✓ . ' THE PROTHONO 20I4 JL PHELAN HALLINAN, LLP �� i /Q: Vii.5 Jonathan Lobb, Esq., Id. No.31Q INBERLAND COU 1617 JFK Boulevard, Suite 1400 PENNS vl NA�d1ANTY One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 Attorney for Plaintiff MOREQUITY, INC. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS ROBERT RICHARD KNAUSS : CIVIL DIVISION : No. 14 -330 -CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ROBERT RICHARD KNAUSS, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $147,817.66 TOTAL $147,817.66 I hereby certify that (1) the Defendant's last known address is 6 LAUREL DRIVE, ENOLA, PA 17025-1513, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 1 12....2 J than Los., Esq., Id. No.312174 Attorney for P intiff DAMAGES AR HEREBY ASSESSED AS INDICATED. DATE: -rt �� a' PH # 931329 PROTHONOTARY 004 s /CI 931329 3(11 NO -ha mCJ&( PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 Attorney for Plaintiff MOREQUITY, INC. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION ROBERT RICHARD KNAUSS • : No. 14 -330 -CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) ROBERT RICHARD KNAUSS is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant ROBERT RICHARD KNAUSS is over 18 years of age and resides at 6 LAUREL DRIVE, ENOLA, PA 17025-1513. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date P> Ian Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 931329 Department of Defense Manpower Data Center Results as o1: Jul -22.2014 12:06:16 AM SCRA 3.0 't Sats hart Pursuant to Servicemen' Civil Relief Act Last Name: KNAUSS First Name: SANDRA Middle Name: L Active Duty Status As Of: Jul -22-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - - No.. NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Das of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit hasreceivedearly notification to report for active duty Upon searching the data banks of the Department of Defense Manpower`Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Results as of : Jul -22-2014 12:06:07 AM SCRA 3.0 Status Report Pursuant to ServicememLers Civil Relief Act. Last Name: KNAUSS First Name: ROBERT Middle Name: R Active Duty Status As Of: Jul -22-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Da s of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA - NA No NA. This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date 1t The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No" NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 MOREQUITY, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. ROBERT RICHARD KNAUSS Defendant(s) TO: ROBERT RICHARD KNAUSS 6 LAUREL DRIVE ENOLA, PA 17025-151.. DATE OF NOTICE: I NO. 14 -330 -CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTLCE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 931329 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Justin < Kobeski, Esq., Id. No.200392 Attars y for Plaintiff Phelrt Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (Rule of Civil Procedure No. 236) - Revised MOREQUITY, INC. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS ROBERT RICHARD KNAUSS CIVIL DIVISION : No. 14 -330 -CIVIL Notice ee7is given that a Judgment in the above captioned matter has been entered against you on B If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 931329 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Morequity, Inc. Plaintiff V. Robert Richard Knauss Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/24/2014 to Date of Sale ($24.30 per diem) TOTAL Note: Please attach description of property. PH # 931329 COURT OF COMMON PLEAS CIVIL DIVISION : NO.: 14 -330 -CIVIL : CUMBERLAND COUNTY $147,817.66 $3,231.90 $151,049.56 Ph, n Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff S---6) alk4i cr/q -P at8 (—) czza LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of East Pennsboro, County of Cumberland, State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the easterly line of Laurel Drive 236.23 feet measured South westwardly along said line from the southerly line of Cordial Drive at the southerly line of Lot No. 58 on the hereinafter mentioned Plan; thence along the latter South 86 degrees 28 minutes 48 seconds East 132.42 feet to a point; thence by Lot No. 49 South 1 degree 21 minutes 56 seconds East 48.12 feet to a point; thence by Lot No. 60, on said Plan South 68 degrees 12 minutes West 125 feet to the easterly line of Laurel Drive; thence by the latter North 21 degrees 48 minutes West 3.36 feet to a point of curve; thence still along Laurel Drive Northwardly by a curve to the right having a radius of 230 feet an arc distance of 101.64 feet to the place of BEGINNING. BEING Lot No. 59 on the Plan of Mountain View Estates recorded in Plan Book 23, Page 103, Cumberland County Records. HAVING thereon erected a brick and aluminum dwelling house. TITLE TO SAID PREMISES IS VESTED IN Robert Richard Knauss and Sandra Lee Knauss, his wife, by Deed from Penn -Harris Construction Co., Inc., a Pennsylvania Corporation, dated 08/01/1979, recorded 08/09/1979 in Book 28-P, Page 1. Sandra Lee Knauss departed this life on or about 4/20/2013, at which time her ownership interest automatically vested in the surviving tenant by the entirety. PREMISES BEING: 6 Laurel Drive, Enola, PA 17025-1513 PARCEL NO. 09-12-2991-041. PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 Morequity, Inc. Plaintiff v. Robert Richard Knauss Defendant(s) PROTH0 0leiR.r 20/i, JUL 23 An ln: 59 CUMBERLAND U � S SND COUNTY T CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 14 -330 -CIVIL . Cumberland County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: P an Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Morequity, Inc. Plaintiff v. Robert Richard Knauss Defendant(s) ,D -OFF PRO HONOTAii 20 f 4 JUL 23 AN 13! 59 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14 -330 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Morequity, Inc., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 6 Laurel Drive, Enola, PA 17025-1513. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Robert Richard Knauss 6 Laurel Drive Enola, PA 17025-1513 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Robert Richard Knauss 6 Laurel Drive Enola, PA 17025-1513 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) Mountain View Estates Homeowners Association Cooperative The Mountainview Estates Homeowners Association, Inc. PH # 931329 2151 Linglestown Road Suite 300 Harrisburg, PA 17110 2121 Old Gatesburg Road Suite 200 State College, PA 16803 r 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 6 Laurel Drive Enola, PA 17025-1513 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ).2I(/ PH # 931329 By: Pian Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Morequity, Inc. FILED-ur HE PROTHONOTAlo 201411 23 P.1111: GO CUMBERLAND COUNTY PENNSYLVANIA vs. Robert Richard Knauss : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 14 -330 -CIVIL Defendant(s) : Cumberland County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Robert Richard Knauss 6 Laurel Drive Enola, PA 17025-1513 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 6 Laurel Drive, Enola, PA 17025-1513 is scheduled to be sold at the Sheriff's Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $147,817.66 obtained by Morequity, 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 Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 14 -330 -CIVIL Morequity, Inc. v. Robert Richard Knauss owner(s) of property situate in EAST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 6 Laurel Drive, Enola, PA 17025-1513 Parcel No. 09-12-2991-041. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $147,817.66 Attorneys for Plaintiff Phelan Hallinan, LLP • LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of East Pennsboro, County of Cumberland, State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the easterly line of Laurel Drive 236.23 feet measured South westwardly along said line from the southerly line of Cordial Drive at the southerly line of Lot No. 58 on the hereinafter mentioned Plan; thence along the latter South 86 degrees 28 minutes 48 seconds East 132.42 feet to a point; thence by Lot No. 49 South 1 degree 21 minutes 56 seconds East 48.12 feet to a point; thence by Lot No. 60, on said Plan South 68 degrees 12 minutes West 125 feet to the easterly line of Laurel Drive; thence by the latter North 21 degrees 48 minutes West 3.36 feet to a point of curve; thence still along Laurel Drive Northwardly by a curve to the right having a radius of 230 feet an arc distance of 101.64 feet to the place of BEGINNING. BEING Lot No. 59 on the Plan of Mountain View Estates recorded in Plan Book 23, Page 103, Cumberland County Records. HAVING thereon erected a brick and aluminum dwelling house. TITLE TO SAID PREMISES IS VESTED IN Robert Richard Knauss and Sandra Lee Knauss, his wife, by Deed from Penn -Harris Construction Co., Inc., a Pennsylvania Corporation, dated 08/01/1979, recorded 08/09/1979 in Book 28-P, Page 1. Sandra Lee Knauss departed this life on or about 4/20/2013, at which time her ownership interest automatically vested in the surviving tenant by the entirety. PREMISES BEING: 6 Laurel Drive, Enola, PA 17025-1513 PARCEL NO. 09-12-2991-041. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suitel00 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net MOREQUITY, INC. Vs. ROBERT RICHARD KNAUSS WRIT OF EXECUTION NO 14-330 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $147,817.66 L.L.: $.50 _ Interest FROM 7/24/2014 TO DATE OF SALE ($24.30 PER DIEM) - $3,231.90 Atty's Comm: Atty Paid: $227.60 Plaintiff Paid: Date: 7/23/14 (Seal) Due Prothy: $2.25 Other Costs: REQUESTING PARTY: Name: JONATHAN LOBB, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312174 David D. Buell, Prothonota By: Deputy PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 MOREQUITY, INC. Plaintiff v. ROBERT RICHARD KNAUSS Defendant Jf= T}:iLED-OFFIC" R0 T HOMO2014 AUG 27 ij 9.5 4 CUrpBERLAND NNS YL v COUNT)/, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 14 -330 -CIVIL MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above -captioned Defendant, ROBERT RICHARD KNAUSS, by certified mail and regular mail at 6 LAUREL DRIVE, ENOLA, PA 17025-1513 and posting 6 LAUREL DRIVE, ENOLA, PA 17025-1513 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for December 3, 2014. 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, ROBERT RICHARD KNAUSS, with the Notice of Sale at the mortgaged premises, 6 LAUREL DRIVE, ENOLA, PA 17025-1513, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". The mortgage premises is vacant. 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". 5. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on August 18, 2014 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs August 18, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 6. Plaintiff submits that it has made a good faith effort to locate the Defendant, ROBERT RICHARD KNAUSS, but has been unable to do so. 7. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of August 14, 2014 to bring loan current. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to ROBERT RICHARD KNAUSS at 6 LAUREL DRIVE, ENOLA, PA 17025-1513 and posting 6 LAUREL DRIVE, ENOLA, PA 17025-1513 and by publication. Phelan Hallinan, LLP DATE Mc/1y By: Michael Dingerdissen, Esquire Bar ID No: 317124 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 MOREQUITY, INC. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. ROBERT RICHARD KNAUSS Defendant CIVIL DIVISION NO. 14 -330 -CIVIL PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure 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 set 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 in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in 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, ROBERT RICHARD KNAUSS, are unknown, a reasonable investigation of his/her 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 sheriff's return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. 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 of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the return of service, 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 the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to ROBERT RICHARD KNAUSS at 6 LAUREL DRIVE, ENOLA, PA 17025-1513 and posting 6 LAUREL DRIVE, ENOLA, PA 17025-1513 and by publication pursuant to PA.R.C.P. 3129.2. DATE: Phelan Hallinan, LLP By: Michael Dingerdissen, Esquire Bar ID No: 317124 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 MOREQUITY, INC. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. ROBERT RICHARD KNAUSS Defendant CIVIL DIVISION NO. 14 -330 -CIVIL CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail, postage prepaid to the following interested parties on the date indicated below. ROBERT RICHARD KNAUSS 6 LAUREL DRIVE ENOLA, PA 17025-1513 DATE: Phelan Hallinan, LLP By: Michael ISingerdissen, Esquire Bar ID No: 317124 Attorney for Plaintiff EXHIBIT " 99 ,1FFIDA 'IT OF SERVICE PLAINTIFF CUMBERLAND COUNTY MOREQUITY, INC. PH # 931329 DEFENDANT SERVICE TEAM/ Ixh ROBERT RICHARD KNAUSS COURT NO.: 14 -330 -CIVIL SERVE ROBERT RICHARD KNAUSS AT: 6 LAUREL DRIVE ENOLA, PA 17025-1513 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED. Served and made known to ROBERT RICHARD KNAUSS, Defendant on the _ day of _.._.�••__, 20 _, at , o'clock M., at , in the manner described below: _ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is„„•„ _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height WeightRace Sex Other I, , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: On the d yy of state,tlta•t Deferidalit NAME: PRINTED NAME: TITLE: —t— l aitNOT"S .RVE et . ......, 5 20 o'clock M., I acntripi nt adult hereby �''l •iectinc�. Vacant _ Does Not Exist No Answer on at Service Refused Other: I tend rand a falsif. t this hornless Moved _ Does Not Reside (Not Vacant) at to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn PRINTED NAMT ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 EXHIBIT "B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 931329 Attorney Firm: Phelan Hallinan, LLP Subject: Robert Richard Knauss Property Address: 6 Laurel Drive, Enola, PA 17025 J. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Robert Richard Knauss - xxx-xx-7341 B. EMPLOYMENT SEARCH Robert Richard Knauss - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Robert Richard Knauss reside(s) at: 6 Laurel Drive, Enola, PA 17025. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which indicated that Robert Richard Knauss reside(s) at: 6 Laurel Drive, Enola, PA 17025. On 08-08-14 our office made several telephone calls to the subject's phone number (717) 732-5890 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 08-08-14 our office made several phone calls in an attempt to contact Megan A. Sparkle (717) 728-9420, 4 Laurel Drive, Enola, PA 17025: answering machine. On 08-08-14 our office made several phone calls in an attempt to contact Marlene A. Myers (717) 732-0004, 3 Laurel Drive, Enola, PA 17025: answering machine. On 08-08-14 our office made a phone call in an attempt to contact Ruth A. Miller (717) 732-3728, 5 Laurel Drive, Enola, PA 17025: not in service. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 08-08-14 we reviewed the National Address database and found the following information: Robert Richard Knauss - 6 Laurel Drive, Enola, PA 17025. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. OTHER INQUIRIES A. DEATH RECORDS As of 08-08-14 Vital Records and all public databases have no death record on file for Robert Richard Knauss. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Robert Richard Knauss - 1952 * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. S c. 4904 relating to unsworn falsification to authorities. The above information is obtained from available public records and we are only liable for the cost of the affidavit. EXHIBIT "C" SUSAN P. Moran, Legal Service Department August 18, 2014 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail susan.moran@phelanhallinan.com Assistant, Ext. 1253 Representing Lenders in Pennsylvania ROBERT RICHARD KNAUSS 6 LAUREL DRIVE ENOLA, PA 17025-1513 RE: MOREQUITY, INC. v. ROBERT RICHARD KNAUSS Premises Address: 6 LAUREL DRIVE, ENOLA, PA 17025-1513 CUMBERLAND County, No. 14 -330 -CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by AUGUST 25, 2014. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, SUSAN P. Moran, Legal Assistant for Phelan Hallinan, LLP PH # 931329 Name and Address Of Sender Line 1 Nu+ Article Number Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 SPL -CONCURRENCE Name of Addressee, Street, and Post Office Address ROBERT RICHARD KNAUSS 6 LAUREL DRIVE ENOLA, PA 17025-1513 2 $0.48 Cl :. •0 ' NO RE: ROBERT RICHARD KNAUSS (CUMBERLAND) TEAM 4 PH # 931329/1021 Page 1 of 1 $0.96 Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $50,000 per piece subject to a limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is $500. The maximum indemnity payable is $25,000 for registered mail, sent with optional insurance. See Domestic Mail Manual R900 5913 and S921 for limitations of coverage. Form 3877 Facsimile PH # 931329 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MOREQUITY, INC. CIVIL DIVISION Plaintiff NO. 14 -330 -CIVIL v. ROBERT RICHARD KNAUSS Defendant ORDER AND NOW, this 1 " day of 4,p oy , 2014, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant ROBERT RICHARD KNAUSS by: PH # 931329 REGULAR MAIL at 6 LAUREL DRIVE, ENOLA, PA 17025- 1513 Service by mail is complete upon the date of mailing CERTIFIED MAIL at 6 LAUREL DRIVE, ENOLA, PA 17025- 1513 Service by mail is complete upon the date of mailing POSTING 6 LAUREL DRIVE, ENOLA, PA 17025-1513 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). ✓ CC PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 coil mai 8/.2.4/ y i --C7 ,_,k_c-: rl a r) �p < LD -+C, ADC:3 CD-ri >c CP Q! Y Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 MOREQUITY, INC. Plaintiff v. ROBERT RICHARD KNAUSS Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on January 16, ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division r' { CUMBERLAND Cour% i^ 72 C3Cn No.: 14 -330 -CIVIL — o T..r cp Iry 2014. 2. Judgment was entered on July 23, 2014 in the amount of $147,817.66. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 3, 2014. 931329 1 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through September 25, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Escrow Deficit $145,696.96 $4,841.29 $107.46 $3,450.00 $3,275.00 $175.50 $1,239.62 TOTAL $158,785.83 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 17, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order granting Plaintiffs Motion to Lift Conciliation Stay dated June 13, 2014. 931329 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: ql —21 LI By: Phe Hallinan, LLP 3 .11,an M. Etkowicz, Esquire sRNEY FOR PLAINTIFF 931329 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 MOREQUITY, INC. Plaintiff v. ROBERT RICHARD KNAUSS Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -330 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE ROBERT RICHARD KNAUSS and SANDRA LEE KNAUSS, DECEASED executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 6 LAUREL DRIVE, ENOLA, PA 17025-1513. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 931329 1 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. 11. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 931329 2 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 931329 3 Discount Company v. Babuscio, 257 Pa, Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rern judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the teinis of the Mortgage. 931329 4 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attomey's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 931329 5 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 931329 6 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 931329 7 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiffs Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP Jona M. Etkowicz, Esquire Atto i y for Plaintiff 8 931329 Exhibit "A" LE -OF F JCL: THE PRO THONG ). 2014 JUL 23 All 10: 55 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.310_44'NERL ArvACipollAtiTY 1617 JFK Boulevard, Suite 1400 vENNSY One Penn Center Plaza Philadelphia, PA 19103 Jonathan„Lobb@phelanhallinan.com 215-563-7000 MOREQUITY, INC. vs. ROBERT RICHARD KNAUSS Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14 -330 -CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ROBERT RICHARD KNAUSS, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $147,817.66 $147,817.66 I hereby certify that (1) the Defendant's last known address is 6 LAUREL DRIVE, ENOLA, PA 17025-1513, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 12-211t( DAMAGES AR DATE: P11 # 931329 Attorney for EREBY ASSESSED AS INDICATED, 4 PROTHONOTARY Exhibit "B" PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania September 11, 2014 ROBERT RICHARD KNAUSS 6 LAUREL DRIVE ENOLA, PA 17025-1513 RE MOREQUITY, INC. v. ROBERT RICHARD KNAUSS Premises Address: 6 LAUREL DRIVE ENOLA, PA 17025 CUMBERLAND County CCP, No. 14 -330 -CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 9/16/2014. Should you have further questions or concerns, please do not hesitate to contact me. rwise: please be guided accordingly. an.i 4. :i towiez,..Esq., Id. No.208786 t ney for Plaintiff Enclosure 931329 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 MOREQUITY, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. ROBERT RICHARD KNAUSS Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. ROBERT RICHARD KNAUSS 6 LAUREL DRIVE ENOLA, PA 17025-1513 DATE: 1 l By: CUMBERLAND County No.: 14 -330 -CIVIL Phelan Hallinan, LLP Jon. ► an M. Etkowicz, Esquire AT RNEY FOR PLAINTIFF 931329 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MOREQUITY, INC. Plaintiff v. ROBERT RICHARD KNAUSS Defendant RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -330 -CIVIL AND NOW, this 21— day of 2.,14.4"/- 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. 931329 onathan M. Etkowicz, Esq., Id. No.208786 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 „,..../‹.-OBERT RICHARD KNAUSS 6 LAUREL DRIVE ENOLA, PA 17025-1513 112.a.itc‘cL /1( 931329 yl 931329 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 MOREQUITY, INC. VS. ATTORNEY FOR PLAINTIFF CD -0 2 M CO rn CA I— > Court of Common Plaintiff CUMBERLAND County Civil Division C") —4 9 CJI fr..) ROBERT RICHARD KNAUSS Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 23, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. ROBERT RICHARD KNAUSS 6 LAUREL DRIVE ENOLA, PA 17025-1513 DATE: By: JorinLobb, Esq., Id. No.312174 Attorney for Plaintiff No.: 14 -330 -CIVIL Phelan Hallinan, LLP 931329 FILED-OT--F1[2,E OF THE PRO THONO TAR Y Phelan Hallinan, LLP n I Jonathan Lobb, Esq., Id. No.313I. 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 110 -CT 20 2:4747 COUNTY ric.NNSYLVANIA MOREQUITY, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. ROBERT RICHARD KNAUSS Defendant MOTION TO MAKE RULE ABSOLUTE CUMBERLAND County No.: 14 -330 -CIVIL MOREQUITY, INC., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on September 18, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about September 23, 2014 directing the Defendant to show cause by October 13, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on October 8, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 13, 2014. 931329 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: /0/1 7//t/ By: Phelan Hallinan, LLP Jo an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 3 931329 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MOREQUITY, INC. Plaintiff V. ROBERT RICHARD KNAUSS Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -330 -CIVIL RULE AND NOW, this -2. 7 day of 54.r 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. 931329 Exhibit "B" Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 MOREQUITY, Plaintiff vs. ROBERT RICHARD KNAUSS Defendant ATTORNEY FOR PLAINTIFF Court of Common Civil Division. CUMBERLAND County No.: 14 -330 -CIVIL = CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 23, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. ROBERT RICHARD KNAUSS 6 LAUREL DRIVE ENOLA, PA 17025-1513 By: Phelan Hallinan, LLP Jon bb, Esq., Id. No.312174 Attorney for Plaintiff 931329 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 MOREQUITY, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. CUMBERLAND County ROBERT RICHARD KNAUSS No.: 14 -330 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. ROBERT RICHARD KNAUSS 6 LAUREL DRIVE ENOLA, PA 17025-1513 Phelan Hallinan, LLP DAIL: /0// 7/0/ By: r/athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 931329 • MOREQUITY, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Court of Common Pled Civil Division m vs. CUMBERLAND Co ROBERT RICHARD KNAUSS .�c) No.: 14 -330 -CIVIL =c) Defendant z> ORDER AND NOW, this Z3 day of 0(106,.r , 2014, upon consideration of Plaintiff's .1‘Z:S WV 41Z100hIO r - m -4 CD CD -, Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance Interest Through September 25, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Escrow Deficit $145,696.96 $4,841.29 $107.46 $3,450.00 $3,275.00 $175.50 $1,239.62 TOTAL $158,785.83 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. az) "es 7121 �•Le211 12 s. 1 OP tit V 931329 9 PLED -OFFICE: OF -HE HOTHONOTARV 2TV-I „13V 7 A.:'; 9:37 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff MOREQUITY, INC. Plaintiff : CIVIL DIVISION v. : No.: 14 -330 -CIVIL ROBERT RICHARD KNAUSS Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 02/04/2014 at 10:00 AM in the above -captioned matter has been continued until 02/04/2015 at 10:00 AM. Date: PH # 931329 Jon an Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff MOREQUITY, INC. Plaintiff : CIVIL DIVISION v. : No.: 14 -330 -CIVIL ROBERT RICHARD KNAUSS Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: ROBERT RICHARD KNAUSS 6 LAUREL DRIVE ENOLA, PA 17025-1513 Date: PH # 931329 Jon an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 5 :.% 1 6 t f II: 06 u u U i 1 P�Lf.i<J i r7iV PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff MOREQUITY, INC. Plaintiff : CIVIL DIVISION v. : No.: 14 -330 -CIVIL ROBERT RICHARD KNAUSS Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 02/04/2014 at 10:00 AM in the above -captioned matter has been continued until 02/04/2015 at 10:00 AM. Date: W/Ktr 011-7 PH # 931329 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff MOREQUITY, INC. Plaintiff : CIVIL DIVISION v. : No.: 14 -330 -CIVIL ROBERT RICHARD KNAUSS Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: ROBERT RICHARD KNAUSS 6 LAUREL DRIVE ENOLA, PA 17025-1513 Date: PH # 931329 ( 161 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff