HomeMy WebLinkAbout14-0632 Supreme Court :of Pennsylvania
r
CourtI if ComrriofiTleas
&I % CA For Prothonotary Use Only:
Civlll,'Cbvelift Sheet
CdJ Et2LA r Count 3�
County Docket No: (� 7
The information collected on this, form is used solely for court administration putposes. This forni does not
supplement or replace the filing and service of leadin s or other papers as required by law or rules of court.
S Commencement of Action:
® Complaint ❑ Writ of Summons ❑ Petition
E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiff's Name: GREEN TREE SERVICING LLC Lead Defendant's Name: SUMMER SHELLEY A/K/A
T I SUMMER MINNICH
I Are money damages requested. ❑Yes 9 No Dollar Amount Requested: ❑ within arbitration limits
Q 1 (Check one) ❑x outside arbitration limits
N Is this a Class Action Suit? ❑ Yes 9 No Is this an MDJ Appeal? ❑ Yes ❑x No
A Name of Plaintiff /Appellant's Attorney: John D. Krohn, Esq., Id. No.312244, Phelan Hallinan, 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 making 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
O MASS TORT ❑ Other:
❑ Asbestos
N ❑ Tobacco
❑ Toxic Tort - DES
• Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
• Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration
$ ❑ 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
• Dental ❑ Partition ❑ Replevin
• Legal ❑ Quiet Title ❑ Other:
• Medical ❑ Other:
❑ Other Professional:
Pa.R.C.P. 205.5 Updated 0110112011
r�tf �CJ`f qr
J -
s y-4 u4�Ur,
PHELAN HALLINAN, LLP
John D. Krohn, Esq., Id. No.312244
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza ATTORNEY FOR PLAINTIFF
Philadelphia, PA 19103
john.krohn@phelanhallinan.com
215 -563 -7000
GREEN TREE SERVICING LLC
1400 TURBINE DRIVE COURT OF COMMON PLEAS
RAPID CITY, SD 57703
CIVIL DIVISION
Plaintiff
V. TERM 2
SUMMER SHELLEY A/K/A SUMMER MINNICH, in NO.
her capacity as Executrix and Devisee of the Estate of
DEBRA L. STUM A/K/A DEBRA L. STAUFFER CUMBERLAND COUNTY
37 W LOCUST ST FL 1
MECHANICSBURG, PA 17055 -6332
AUTUM B. SHELLEY, in her capacity as Devisee of the
Estate of DEBRA L. STUM A/KIA DEBRA L.
STAUFFER
49 ALEXIA LN
NEWPORT, PA 17074 -8376
Defendants
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 805589
C,Ic.t 138 C, Sj
1. Plaintiff is
GREEN TREE SERVICING LLC
1400 TURBINE DRIVE
RAPID CITY, SD 57703
2. The name(s) and last known address(es) of the Defendant(s) are:
SUMMER SHELLEY A/K/A SUMMER MINNICH, in her capacity as Executrix and
Devisee of the Estate of DEBRA L. STUM A/K/A DEBRA L. STAUFFER
37 W LOCUST ST FL 1
MECHANICSBURG, PA 17055 -6332
AUTUM B. SHELLEY, in her capacity as Devisee of the Estate of DEBRA L. STUM
A/K/A DEBRA L. STAUFFER
49 ALEXIA LN
NEWPORT, PA 17074 -8376
who is /are the real owner(s) of the property hereinafter described.
3. On 04/17/2009 DEBRA L. STUM made, executed and delivered a mortgage upon the
premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. AS NOMINEE FOR AMTRUST BANK, which mortgage is recorded
in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage
Instrument No. 200914390. By Assignment of Mortgage recorded 11/05/2012 the
mortgage was assigned to METLIFE HOME LOANS, A DIVISION OF METLIFE
BANK, N.A. , which Assignment is recorded in Assignment of Mortgage Instrument No.
201234233. 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.
File #: 805589
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 06/01/2012 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of Mortgagor to make such payments after a date specified
by 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 07/31/2013:
Principal Balance $122,404.70
Interest $8,216.82
05/01/2012 through 07/31/2013
Late Charges $0.00
Property Inspections $45.00
Property Preservation $693.00
Appraisal/Brokers Price Opinion $100.00
Escrow Deficit $3,426.49,
TOTAL $134,886.01
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 #: 805589
9. The mortgage premises are vacant and abandoned
10. Mortgagor DEBRA L. STUM A/K/A DEBRA L. STAUFFER died on 06/03/2012,
leaving a Last Will and Testament dated 07/19/2005. Letters Testamentary were granted
to SUMMER SHELLEY A/K/A SUMMER MINNICH on 07/18/2012 in
CUMBERLAND COUNTY, No. 21 -12 -782. The Decedent's surviving heirs at law and
next -of -kin are SUMMER SHELLEY and AUTUM B. SHELLEY.
11. Plaintiff does not hold the named Defendants, SUMMER SHELLEY A/K/A SUMMER
MINNICH and AUTUM B. SHELLEY, personally liable on this cause of action. This
action is being brought to foreclose the interest of the said Defendants in the aforesaid
real estate only, and the Defendants have been named in accordance with the
requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b).
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$134,886.01, 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:
John D. Krolln, Esq., Id. No.312244
Attorney for Plaintiff
File #: 805589
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County
of Cumberland and State of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a post on the building line of West Locust Street at corner of lot now or late of
Nancy Bricker; thence by the building line of said Locust Street, Westward 30 feet to a point at
corner of lot now or formerly of George F. Coble; thence by said lot, Southward 136.5 feet, more
or less, to a point at an alley; thence by said alley, Eastward 30 feet, more or less, to a point at
corner of lot now or late of Nancy Bricker, aforesaid; thence by said lot, Northward 133.7 feet,
more or less, to a point on the building line of said West Locust Street, the place of BEGINNIG.
HAVING THEREON ERECTED a dwelling known and numbered as 15 West Locust Street.
PROPERTY ADDRESS: 15 WEST LOCUST STREET, MECHANICSBURG, PA 17055-
6332
PARCEL #16 -23- 0565 -061.
Filet 805589
VERIFICATION
Mignonne Davis, hereby states that he sh is a Foreclosure Supervisor of GREEN TREE
SERVICING LLC, Plaintiff in this matter, that he /she is authorized to make this Verification,
and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are
true and correct to the best of his/her information and belief. The undersigned understands that
this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities. , f
DAT •��
Aa4ine:iggn
Title: Foreclosure Supervisor
GREEN TREE SERVICING LLC
File #: 805589
Name:SHELLEY
File #: 805589
GREEN TREE SERVICING LLC IN THE COURT OF COMMON
PLEAS
Plaintiff(s) OF CUMBERLAND COUNTY,
• PENNSTLVANIA
VS.
SHELLEY, SUMMER 1
SHELLEY AUTUM B. V
Defendant y Civil
( ) , .�
'% �ty ' r�t 1
NOTICE OF RESIDENTIAL MORTGAGE
FORECLOSURE DIVERSION PROGRAM =�
r o ?"� •p
You have been served with a foreclosure complaint that could cause you to lose your home. 7
If you own and live in the residential property which is the subject of this foreclosure action, yore
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 an attorney, you must take the following steps to be eligible for a
conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact
MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request
appointment of a legal representative at not charge to you. Once you have been appointed a legal
representative, you must promptly meet with the legal representative within twenty (20) days of the
appointment date. During that meeting, you must provide the legal representative with all the 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 file 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 attempt to work out a 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 the 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 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
our reasonable arrangements 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:
Date Signature of CAWsel for Plaintiff
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Please 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
Please provide the following information to the best of your knowledge:
CUSTOM Ell/1"RI 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: Zip:
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:
5 5
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.
2.
3.
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 I Cable TV
Child Su ort/Alim. Spending Money
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 you know, regarding your lender or 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 Uwe am/are under no obligation to use the services provided by the above
named
Borrower Signature Date
Co- Borrower Signature Date
Please forward this page along with the following information to lender:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation
(hardship letter)
6. Listing agreement (if property is currently on the market)
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 k 805589
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
GREEN TREE SERVICING LLC
Plaintiff
VS.
SUMMER SHELLEY A/K/A SUMMER
MINNICH, in her capacity as Executrix and
Devisee of the Estate of DEBRA L. STUM
A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, in her capacity as
Devisee of the Estate of DEBRA L. STUM
A/K/A DEBRA L. STAUFFER
Defendants
IR a I HONO
201[111AR 12 0110: 52
CUMBERLAND COUNTY
PENNS YLVA NIA
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: CUMBERLAND COUNTY
: No. 14-632-CIVIL
PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above
captioned matter.
PHELAN HALLINAN,
By:
Jon/ an Lobb, Esq., Id. No.312174
Attorney for Plaintiff
LP
Date:
/nru, Svc Dept.
File# 805589
Um-k qtk ativ
CAL.Ak Noton
gS
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
r .L : :-
il..
r I° 1��1jtiC
ZGII APP -8 PM 35
CUMBERLAND COUNTY
PENNSYLVANIA.
tit en+rther,
0¢f!i»:G OF THE ;k.RIF-
Green Tree Servicing, LLC
vs.
Summer Shelley (et al.)
Case Number
2014 -632
SHERIFF'S RETURN OF SERVICE
02/07/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Autumn Shelley, but was unable to locate the Defendant in the
Sheriff's bailiwick. The Sheriff therefore deputizes the Sheriff of Perry, Pennsylvania to serve the within
Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure
according to law.
02/20/2014 10:06 AM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Summer Shelley, but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential
Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as Not Found" at 15
West Locust Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. Residence is vacant.
02/25/2014 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in
Mortgage Foreclosure returned by the Sheriff of Perry County, the within named Defendant Autumn
Shelley, not found. Carl E. Nace, Sheriff, Return of Service attached to and made part of the within
record.
03/07/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Autumn Shelley, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure
Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 15 West Locust Street,
Mechanicsburg Borough, Mechanicsburg, PA 17055. Residence is vacant and to this date
Mechanicsburg Postmaster has not been able to provide a forwarding address for the defendant.
03/19/2014 10:52 AM - Deputy Jason Kinsler 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: Summer Shelley at the Cumberland County
Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. Defendant's new address is: 296 Fox
Hollow Road, Shermandale, PA 17090.
J
St- ERA/ —G
AS KI SL DEPUTY
03/19/2014 11:41 AM - Deputy Jason Kinsler, 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:
Autumn Shelley at 1102 Market Street, Unit 16, New Cumberland Borough, New Cumberland, PA 17070.
JAS KIWI IN; CER, DEPUTY
tc) CountySuite Sherif''t'eleosoft, Inc.
SHERIFF COST: $74.30 SO ANSWERS,
March 20, 2014 RONt ( R ANDERSON, SHERIFF
(c) CountySuite Sheriff, Teieoseft, Inc.
SHERIFF'S RETURN
In the Court of Common Pleas
Of the 41st Judicial District
of Pennsylvania -
Perry County Branch
No.: 2014 -632 Cumberland County
Green Tree Servicing, LLC
VS
Autumn Shelly
49 Alexia Lane
Newport, PA 17074
Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a
diligent search and inquiry for the within named Defendant(s) to wit Autumn Shelly, but
was unable to locate him /her in his bailiwick. He therefore returns the within
Complaint in Mortgage Foreclosure for the above named Defendant(s) Autumn
Shelly at 49 Alexia Lane, Newport, PA 17074. NOT FOUND. PROPERTY IS
VACANT.
Sworn and subscribed to before me
this day of / i I , 2014.
7)icv) 10/bigi-wde
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
MARGARET F. FLICKINGER, Notary Public
Bloomfield Boro, Perry County
My Commission Expires February 16, 2016
Sincerely,
Xot
Carl E. Nace
Sheriff of Perry County
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
O; T rL PRO h11ONOLAl Y
2 L11 i1JUL 15 /+1'110. 3 1
CU�pEkkSBERLY�✓COUNTY
VA NIA
GREEN TREE SERVICING LLC
vs.
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS
EXECUTRIX AND DEVISEE OF THE
ESTATE OF DEBRA L. STUM A/K/A
DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY
AS DEVISEE OF THE ESTATE OF DEBRA
L. STUM A/K/A DEBRA L. STAUFFER
Attorney for Plaintiff
. CUMBERLAND COUNTY
. COURT OF COMMON PLEAS
•
. CIVIL DIVISION
. No. 14 -632 -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 SUMMER SHELLEY A/K/A
SUMMER MINNICH, in her capacity as Executrix and Devisee of the Estate of DEBRA L. STUM
A/K/A DEBRA L. STAUFFER and AUTUM B. SHELLEY, in her capacity as Devisee of the Estate
of DEBRA L. STUM A/K/A DEBRA L. STAUFFER, 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 $134,886.01
TOTAL $134,886.01
I hereby certify that (1) the Defendants' last known addresses are 296 FOX HOLLOW RD,
SHERMANS DALE, PA 17090-8412, 15 WEST LOCUST STREET, MECHANICSBURG, PA 17055-
6332, and 1102 MARKET ST UNIT 16, NEW CUMBERLAND, PA 17070-1675, and (2) that notice has
been given in accordance with Rule Pa.R.C.P 237.1.
Date 7M l/i
DAMAGES
AJ HEREBY ASSESSED AS INDICATED.
DATE: / I S .Ii
PH # 805589
Adam H. Davis, Esq., Id. No.203034
Attorney Plaintf
PROTHONOTARY
805589 Pa GIA1
LILW 142
NbVOZ 96
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
GREEN TREE SERVICING LLC
vs.
SUMMER SHELLEY A/K/A SUMMER
MINNICH, in her capacity as Executrix
and Devisee of the Estate of DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, in her capacity as
Devisee of the Estate of DEBRA L. STUM
A/K/A DEBRA L. STAUFFER
Attorney for Plaintiff
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: No. 14 -632 -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 SUMMER SHELLEY A/K/A SUMMER MINNICH, in
her capacity as Executrix and Devisee of the Estate of DEBRA L. STUM A/K/A DEBRA L.
STAUFFER's Social Security Number is not available because she is not the borrower on the
loan, and thus, we are unable to determine whether or not SUMMER SHELLEY A/K/A
SUMMER MINNICH, in her capacity as Executrix and Devisee of the Estate of DEBRA L.
STUM A/K/A DEBRA L. STAUFFER is in military service.
(b) that the defendant AUTUM B. SHELLEY, in her capacity as Devisee of the
Estate of DEBRA L. STUM A/K/A DEBRA L. STAUFFER's Social Security Number is not
available because she is not the borrower on the loan, and thus, we are unable to determine
whether or not AUTUM B. SHELLEY, in her capacity as Devisee of the Estate of DEBRA L.
STUM A/K/A DEBRA L. STAUFFER is in military service.
(c) that defendant SUMMER SHELLEY A/K/A SUMMER MINNICH, in her
capacity as Executrix and Devisee of the Estate of DEBRA L. STUM A/K/A DEBRA L.
STAUFFER is over 18 years of age and resides at 296 FOX HOLLOW RD, SHERMANS
DALE, PA 17090-8412 and 15 WEST LOCUST STREET, MECHANICSBURG, PA 17055-
6332.
805589
(d) that defendant AUTUM B. SHELLEY, in her capacity as Devisee of the
Estate of DEBRA L. STUM A/K/A DEBRA L. STAUFFER is over 18 years of age and resides
at 1102 MARKET ST UNIT 16, NEW CUMBERLAND, PA 17070-1675 and 15 WEST
LOCUST STREET, MECHANICSBURG, PA 17055-6332.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date 7/71(
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
805589
Department of Defense Manpower Data Center
Results as of : Jul -14-2014 12:08:10 AM
SCRA 3.0
Status Report
Pursuant to Servicemembers Civil Relief Act
Last Name: STUM
First Name: DEBRA
Middle Name: L
Active Duty Status As Of: Jul -14-2014
On Active Duty On Active Duty Status Date
Active Duty Start Dale
Active Duty End Date
Status
Service Component
NA
NA
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 DateSlatus
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 individdsl 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 Ser'v'ices (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
(410"4"4°- I
Department of Defense Manpower Data Center
Status Report
Pursuant to Servicere
Last Name: STAUFFER
First Name: DEBRA
Middle Name: L
Active Duty Status As Of: Jul -14-2014
II •
Results as of : Jul -14-2014 12:08:10 AM
Civil Relief Act
SCRA 3.0
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
h_ No I i
NA
This response reflects inhere 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 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 ori 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
(Rule of Civil Procedure No. 236) - Revised
GREEN TREE SERVICING LLC : CUMBERLAND COUNTY
vs. : COURT OF COMMON PLEAS
SUMMER SHELLEY A/K/A SUMMER
MINNICH, in her capacity as Executrix and : CIVIL DIVISION
Devisee of the Estate of DEBRA L. STUM
A/K/A DEBRA L. STAUFFER : No. 14 -632 -CIVIL
AUTUM B. SHELLEY, in her capacity as
Devisee of the Estate of DEBRA L. STUM
A/K/A DEBRA L. STAUFFER
Notice is given that a Judgment in the above captioned matter has been entered
against you on c5 1 144
By:
If you have any questions concerning this matter please contact:
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
** THIS FIRM ISA 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.**
805589
GREEN TREE SERVICING LLC
Plaintiff
v.
SUMMER SHELLEY A/K/A SUMMER MINNICH,
in her capacity as Executrix and Devisee of the Estate
of DEBRA L. STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, in her capacity as Devisee of
the Estate of DEBRA L. STUM A/K/A DEBRA L.
STAUFFER
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 14 -632 -CIVIL
CUMBERLAND COUNTY
Defendant(s)
TO: SUMMER SHELLEY A/K/A SUMMER MINNICH, in her capacity as Executrix and Devisec of
the Estate of DEBRA L. STUM A/K/A DEBRA L. STAUFFER
296 FOX HOLLOW RD
SHERMANS DALE, PA 17090-8412
DATE OF NOTICE: C /36/111
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT, NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
PH # 805589
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 # 805589
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
•
Ding6rdissen, Esq., Id. No. 7124
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
GREEN TREE SERVICING LLC
Plaintiff
v.
SUMMER SHELLEY A/K/A SUMMER MINNICH,
in her capacity as Executrix and Devisee of the Estate
of DEBRA L. STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, in her capacity as Devisee of
the Estate of DEBRA L. STUM A/K/A DEBRA L.
STAUFFER
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 14 -632 -CIVIL
CUMBERLAND COUNTY
Defendant(s)
TO: SUMMER SHELLEY A/K/A SUMMER MINNICH, in her capacity as Executrix and Devisee of
the Estate of DEBRA L. STUM A/K/A DEBRA L. STAUFFER
15 WEST LOCUST STREET
MECHANICSBURG,,PAA 17055-6332
DATE OF NOTICE: C, /,(J//Lf
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIT 1'EN
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.
PH # 805589
1-1
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
PH # 805589
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
•
clael Dingerdissen, Esq., Id. No.317124
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
GREEN TREE SERVICING LLC
Plaintiff
v.
SUMMER SHELLEY A/K/A SUMMER MINNICH,
in her capacity as Executrix and Devisee of the Estate
of DEBRA L. STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, in her capacity as Devisee of
the Estate of DEBRA L. STUM A/K/A DEBRA L.
STAUFFER
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 14 -632 -CIVIL
CUMBERLAND COUNTY
Defendant(s)
TO: AUTUM B. SHELLEY, in her capacity as Devisee of the Estate of DEBRA L. STUM A/K/A
DEBRA L. STAUFFER
1102 MARKET ST UNIT 16
NEW CLIMB: R1M: iND PA 17070-1675
DATE OF NOTICE: C ?DIN
THIS FIRM IS A DEBT COLLECTOR A rI'EMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
PH 4t 805589
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
PH # 805589
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)249-3166
By;
Michael Di
Esq., Id. No.317124
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
GREEN TREE SERVICING LLC COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
v.
SUMMER SHELLEY A/K/A SUMMER MINNICH, NO. 14 -632 -CIVIL
in her capacity as Executrix and Devisee of the Estate
of DEBRA L. STUM A/K/A DEBRA L. STAUFFER CUMBERLAND COUNTY
AUTUM B. SHELLEY, in her capacity as Devisee of
the Estate of DEBRA L. STUM A/K/A DEBRA L.
STAUFFER
Defendant(s)
TO: AUTUM B. SHELLEY, in her capacity as Devisee of the Estate of DEBRA L. STUM A/K/A
DEBRA L. STAUFFER
15 WEST LOCUST STREET
MECHANICSBURG, PA 17055-6332
DATE OF NOTICE:
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT_ NOTICE.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
PH # 805589
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
PH # 805589
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
By:,
]Michael Dingerdissen, Esq., Id. No.317124
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
GREEN TREE SERVICING LLC
Plaintiff
v.
SUMMER SHELLEY A/K/A SUMMER MINNICH,
in her capacity as Executrix and Devisee of the Estate
of DEBRA L. STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, in her capacity as Devisee of
the Estate of DEBRA L. STUM A/K/A DEBRA L.
STAUFFER
Defendant(s)
TO: ESTATE OF DEBRA L. STUM
SCOTT W. MORRISON, ESQUIRE
6 WEST MAIN STREET
PO BOX 232
NEW BLOOMFIELD,PA 17068
�J
DATE OF NOTICE: 196/11,
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 14 -632 -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 NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
PH # 805589
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 # 805589
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
had Dingerdissen, Esq., Id. No.317124
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
Green Tree Servicing LLC
Plaintiff
v.
COURT OF COMMON PLEAS
CIVIL DIVISION
NO.: 14 -632 -CIVIL
Summer Shelley a/k/a Summer Minnich, in Her Capacity as Executrix and
Devisee of The Estate of Debra L. Stum a/k/a Debra L. Stauffer
Autum B. Shelley, in Her Capacity as Devisee of The Estate of Debra L. Stum : CUMBERLAND COUNTY ''''
a/k/a Debra L. Stauffer
Defendant(s)
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due
Interest from 07/17/2014 to Date of Sale
($22.17 per diem)
TOTAL
Note: Please attach description of property.
PH # 805589
oc\chi-A6
COT
$134,886.01
$3,103.80
$137,989.81
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
Q
(7i
sou.
Lok N3)»/
00-t-
175ret
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of
Cumberland and State of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a post on the building line of West Locust Street at corner of lot now or late of Nancy
Bricker; thence by the building line of said Locust Street, Westward 30 feet to a point at corner of lot now or
formerly of George F. Coble; thence by said lot, Southward 136.5 feet, more or less, to a point at an alley;
thence by said alley, Eastward 30 feet, more or less, to a point at corner of lot now or late of Nancy Bricker,
aforesaid; thence by said lot, Northward 133.7 feet, more or less, to a point on the building line of said West
Locust Street, the place of BEGINNTG.
HAVING THEREON ERECTED a dwelling known.
UNDER AND SUBJECT, nevertheless, to all restrictions, reservations, conditions, covenants, easements
and rights of way of prior record.
TITLE TO SAID PREMISES IS VESTED IN Debra L. Stum, fka, Debra L. Stauffer, by Deed from
Debra L. Stauffer, dated 04/17/2009, recorded 05/05/2009 in Instrument Number 200914389.
Debra L. Stum, fka Debra L. Stauffer, departed this life 6/3/2012. Letters Testamentary were granted to
Summer Shelly a/k/a Summer Minnich on 7/18/2012 in Cumberland County, No. 21-12-782. The
decedent's surviving heirs at law and next-of-kin are Summer Shelly and Autum B. Shelley.
PREMISES BEING: 15 West Locust Street, Mechanicsburg, PA 17055-6332
PARCEL NO. 16-23-0565-061.
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
Green Tree Servicing LLC
Plaintiff
v.
Oh THE FILED-OFRO TP QAC`
OTAH r
21114 JUL IS 4P1 (0: 4
CUMB
Y�Q
COUNTY
Summer Shelley a/k/a Summer Minnich, in Her Capacity as
Executrix and Devisee of The Estate of Debra L. Stum a/k/a Debra L.
Stauffer
Autum B. Shelley, in Her Capacity as Devisee of The Estate of Debra
L. Stum a/k/a Debra L. Stauffer
Defendant(s)
CERTIFICATION
Attorneys for Plaintiff
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: NO.: 14 -632 -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: l/ 19/ /(44l/L�
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
Green Tree Servicing LLC
Plaintiff
v.
"r" FILU-OFF JCL
HE PRO THONO T4f t :
2014 JUL 15 AN ICS: 4 d
CUMBERLAND COUNTY
Summer Shelley a/k/a Summer Minnich, i HUTS OcktlyiA
as Executrix and Devisee of The Estate of Debra L. Stum
a/k/a Debra L. Stauffer
Autum B. Shelley, in Her Capacity as Devisee of The Estate
of Debra L. Stum a/k/a Debra L. Stauffer
Defendant(s)
COURT OF COMMON PLEAS
CIVIL DIVISION
NO.: 14 -632 -CIVIL
CUMBERLAND COUNTY
AFFIDAVIT PURSUANT TO RULE 3129.1
Green Tree Servicing LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for
the Writ of Execution was filed, the following information concerning the real property located at 15 West Locust Street,
Mechanicsburg, PA 17055-6332.
1. Name and address of Owner(s) or reputed Owner(s):
Name
SUMMER SHELLEY A/K/A SUMMER
MINNICH IN HER CAPACITY AS
EXECUTRIX AND DEVISEE OF THE ESTATE
OF DEBRA L. STUM A/K/A DEBRA L.
STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
2. Name and address of Defendant(s) in the judgment:
Name
SUMMER SHELLEY A/K/A SUMMER
MINNICH IN HER CAPACITY AS
EXECUTRIX AND DEVISEE OF THE ESTATE
OF DEBRA L. STUM A/K/A DEBRA L.
STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
Address (if address cannot be reasonably ascertained,
please so indicate)
15 W LOCUST ST
MECHANICSBURG, PA 17055
296 FOX HOLLOW ROAD
SHERMANS DALE, PA 17090-8412
1102 MARKET ST UNIT 16
NEW CUMBERLAND, PA 17070-1675
Address (if address cannot be reasonably
ascertained, please so indicate)
15 W LOCUST ST
MECHANICSBURG, PA 17055
296 FOX HOLLOW ROAD
SHERMANS DALE, PA 17090-8412
1102 MARKET ST UNIT 16
NEW CUMBERLAND, PA 17070-1675
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.
PH # 805589
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)
BOROUGH OF MECHANICSBURG
BOROUGH OF MECHANICSBURG
C/O LISA COYNE, ESQUIRE
36 WEST ALLEN STREET
MECHANICSBURG, PA 17055
3901 MARKET ST
CAMP HILL, PA 17011-4227
6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the
sale.
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may
be affected by the sale:
Name Address (if address cannot be
reasonably ascertained, please indicate)
TENANT/OCCUPANT
COMMONWEALTH OF PENNSYLVANIA
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
DEPARTMENT OF PUBLIC WELFARE, TPL
CASUALTY UNIT, ESTATE RECOVERY
PROGRAM
ESTATE OF DEBRA L. STUM
C/O SCOTT MORRISON, ESQUIRE
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
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS
EXECUTRIX AND DEVISEE OF THE
ESTATE OF DEBRA L. STUM A/K/A DEBRA
L. STAUFFER
PH # 805589
15 WEST LOCUST STREET
MECHANICSBURG, PA 17055-6332
6TH FLOOR, STRAWBERRY SQ.
DEPT 280601
HARRISBURG, PA 17128
P.O. BOX 8486
WILLOW OAK BUILDING
HARRISBURG, PA 17105
6 WEST MAIN STREET
PO BOX 232
NEW BLOOMFIELD, PA 17068
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
296 FOX HOLLOW RD
SHERMANS DALE, PA 17090-8412
AUTUM B. SHELLEY, IN HER CAPACITY AS 1102 MARKET ST UNIT 16
DEVISEE OF THE ESTATE OF DEBRA L. NEW CUMBERLAND, PA 17070-1675
STUM A/K/A DEBRA L. STAUFFER
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: 7/g( By:
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
PH # 805589
Green Tree Servicing LLC : COURT OF COMMON PLEAS
Plaintiff : CIVIL DIVISION
vs.
Summer Shelley a/k/a Summer Minnich, in Her Capacity as
Executrix and Devisee of The Estate of Debra L. Stum a/k/a
Debra L. Stauffer
Autum B. Shelley, in Her Capacity as Devisee of The Estate of
Debra L. Stum a/k/a Debra L. Stauffer
Defendant(s)
: NO.: 14 -632 -CIVIL
: Cumberland County
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Summer Shelley a/k/a Summer Minnich, in Her
Capacity as Executrix and Devisee of The
Estate of Debra L. Stum a/k/a Debra L.
Stauffer
296 Fox Hollow rd
Shermans Dale, PA 17090-8412
Autum B. Shelley, in Her Capacity as Devisee of
The Estate of Debra L. Stum a/k/a Debra L.
Stauffer
1102 Market st Unit 16
New Cumberland, PA 17070-1675
Summer Shelley a/k/a Summer Minnich, in Her
Capacity as Executrix and Devisee of The Estate
of Debra L. Stum a/k/a Debra L. Stauffer
15 West Locust Street
Mechanicsburg, PA 17055-6332-n 1
rpt CD
r--
rr
**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 15 West Locust Street, Mechanicsburg, PA 17055-6332 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 $134,886.01 obtained by Green Tree Servicing LLC
(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in
compliance with Pa.R.C.P. Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,
if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will
have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the
price bid by calling 215-563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared
to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this
has happened, you may call 215-563-7000.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if
the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff
gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of
distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after
the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his
office. This schedule will state who will be receiving that money. The money will be paid out in accordance
with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the filing of the proposed schedule.
7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately
after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
SHORT DESCRIPTION
By virtue of a Writ of Execution No. 14 -632 -CIVIL
Green Tree Servicing LLC
v.
Summer Shelley a/k/a Summer Minnich, in Her Capacity as Executrix and Devisee of The
Estate of Debra L. Stum a/k/a Debra L. Stauffer
Autum B. Shelley, in Her Capacity as Devisee of The Estate of Debra L. Stum a/k/a Debra
L. Stauffer
owner(s) of property situate in MECHANICSBURG BOROUGH, CUMBERLAND County,
Pennsylvania, being
15 West Locust Street, Mechanicsburg, PA 17055-6332
Parcel No. 16-23-0565-061.
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $134,886.01
Attorneys for Plaintiff
Phelan Hallinan, LLP
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of
Cumberland and State of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a post on the building line of West Locust Street at corner of lot now or late of Nancy
Bricker; thence by the building line of said Locust Street, Westward 30 feet to a point at corner of lot now or
formerly of George F. Coble; thence by said lot, Southward 136.5 feet, more or less, to a point at an alley;
thence by said alley, Eastward 30 feet, more or less, to a point at corner of lot now or late of Nancy Bricker,
aforesaid; thence by said lot, Northward 133.7 feet, more or less, to a point on the building line of said West
Locust Street, the place of BEGINNIG.
HAVING THEREON ERECTED a dwelling known.
UNDER AND SUBJECT, nevertheless, to all restrictions, reservations, conditions, covenants, easements
and rights of way of prior record.
TITLE TO SAID PREMISES IS VESTED IN Debra L. Stum, fka, Debra L. Stauffer, by Deed from
Debra L. Stauffer, dated 04/17/2009, recorded 05/05/2009 in Instrument Number 200914389.
Debra L. Stum, fka Debra L. Stauffer, departed this life 6/3/2012. Letters Testamentary were granted to
Summer Shelly a/k/a Summer Minnich on 7/18/2012 in Cumberland County, No. 21-12-782. The
decedent's surviving heirs at law and next-of-kin are Summer Shelly and Autum B. Shelley.
PREMISES BEING: 15 West Locust Street, Mechanicsburg, PA 17055-6332
PARCEL NO. 16-23-0565-061.
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suite100 • Carlisle, PA • 17013
(717) 240-6195
www.ccpa.net
GREEN TREE SERVICING, LLC
Vs. NO 14-632 Civil Term
CIVIL ACTION — LAW
SUMMER SHELLEY A/K/A SUMMER MINNICH,
IN HER CAPACITY AS EXECUTRIX AND DEVISEE
OF THE ESTATE OF DEBRA L. STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS DEVISEE OF THE ESTATE
OF DEBRA L. STUM A/K/A DEBRA L. STAUFFER
WRIT OF EXECUTION
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: $134,886.01 L.L.: $.50
Interest FROM 7/17/2014 TO DATE OF SALE ($22.17 PER DIEM) - $3,103.80
Atty's Comm:
Atty Paid: $234.80
Plaintiff Paid:
Date: 7/15/14
(Seal)
REQUESTING PARTY:
Name: ADAM H. DAVIS, ESQUIRE
Address: 1617 JFK BLVD., SUITE 1400
ONE PENN CENTER PLAZA
PHILADELPHIA, PA 19103
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 203034
Due Prothy: $2.25
Other Costs:
David D. Buell, Prothonotary
`4.4 Uii Li11//l��c/
Deputy
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
GREEN TREE SERVICING LLC
Plaintiff
v.
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
Defendants
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14 -632 -CIVIL
PLAINTIFF'S MOTION TO REASSESS DAMAGES
ri
> r,
� p
Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct th?'
r\-)
Prothonotary to amend the judgment in this matter, and in support thereof avers the following:
2014.
1. Plaintiff commenced this foreclosure action by filing a Complaint on February 4,
C I'4
5
a:
2. Judgment was entered on July 15, 2014 in the amount of $134,886.01. 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.
805589
1
4. The Property is listed for Sheriffs Sale on December 3, 2014.
5. Additional sums have been incurred or expended on Defendants' behalf since the
Complaint was filed and Defendants have been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance
Interest Through August 15, 2014
Legal fees
Cost of Suit and Title
Property Inspections
Property Preservation
Appraisal/Brokers Price Opinion
Escrow Deficit
$122,404.70
$15,055.98
$1,650.00
$962.20
$45.00
$1,753.00
$100.00
$8,783.55
TOTAL $150,754.43
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 Defendants.
8. Plaintiff's foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiff's attached brief.
9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of
its proposed Motion to Reassess Damages and Order to the Defendant on July 31, 2014 and
requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants.
A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of
mailing are attached hereto, made part hereof, and marked as Exhibit "B".
10. No judge has previously entered a ruling in this case.
805589
2
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE:
-7/31/1/
By:
Phelan Hallinan, LLP
Jonat
ATT
3
M. Etkowicz, Esquire
EY FOR PLAINTIFF
805589
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
GREEN TREE SERVICING LLC
Plaintiff
v.
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
Defendants
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14 -632 -CIVIL
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
DEBRA L. STUM A/K/A DEBRA L. STAUFFER, 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 15 WEST LOCUST STREET,
MECHANICSBURG, PA 17055-6332. The Mortgage indicates that in the event of a default in
the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other
items, in order to protect the security of the Mortgage.
In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous,
promised monthly mortgage payments. Accordingly, after it was clear that the default would not be
805589
1
cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently
entered by the Court, and the Property is currently scheduled for Sheriffs Sale.
Because of the excessive period of time between the initiation of the mortgage foreclosure
action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are
outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give Defendants credit for monthly
payments tendered through bankruptcy, if any.
II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
It is settled law in Pennsylvania that the Court may exercise its equitable powers to control
the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E.,
Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase
Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The
Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its
judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489
(Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998).
Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445
Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact,
can be expected to change from day to day because the bank must advance sums in order to protect
its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must
protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d
805589
2
826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment, and if there is competitive bidding for the Property,
Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to
protect its interests. Conversely, amending the in rem judgment will not be detrimental to
Defendants as it imputes no personal liability.
In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that
a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa.
Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not
adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender
payments during the foreclosure proceeding and the advances made by the mortgage company. The
Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal
and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors
are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance
premiums, fire insurance premiums, taxes and other assessments relating to the Property. The
mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur
significant unjust financial losses on this loan.
III. THE FORECLOSURE JUDGMENT IS IN REM ONLY
The within case is a mortgage foreclosure action, the sole purpose of which is to take the
mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage
foreclosure is strictly in rem and does not include any personal liability. Newtown Village
805589
3
Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer
Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania
Rule of Civil Procedure 1141(a).
However, Pennsylvania law requires that the foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for
bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the
mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would
receive the amount of the in rem judgment from the Sheriff
IV. INTEREST
The Mortgage clearly requires that the Defendants shall promptly pay when due the
principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest
to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days
prior to the date of default through the date of the impending 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.
805589
4
Most importantly, the Mortgage specifically provides that the mortgagee may advance the
monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is
simply seeking to have the Court enforce the terms of the Mortgage.
VI. ATTORNEY'S FEES
The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done
throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91
letters, loan documents, account records, title reports and supporting documents, preparing and
reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1
Notice, Department of Defense search, entry of judgment, the writ of execution process, lien
holder notices, and all of the other legal work that goes into handling the mortgage foreclosure
lawsuit.
The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The
amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the
loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded
that a request of five percent of the outstanding principal balance is reasonable and enforceable as
an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan
Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super.
1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included
in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton
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.
805589
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 Sheriffs sale
purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens
on the property, whether the Defendants are divorced (which could affect service of the
complaint), and numerous other legal issues. The title bringdown is necessary to identify any
new liens on the property or new owners between the time of filing and complaint and the writ
date.
The Freedom of Information Act inquiries and the investigation into Defendants'
whereabouts are necessary to effectively attempt personal service of the complaint and notice of
sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1
and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as
their interests will be divested by the 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.
805589
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
805589
7
part of the borrower's debt secured by the mortgage, those expenses are properly included in the
Plaintiff's Motion to Reassess Damages.
IX. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE:
By:
Jonat . Etkowicz, Esquire
Atto - ; for Plaintiff
Phel. . lin, , LLP
8
805589
Exhibit "A"
Epor EPR
20111 JUL ONOTA1?Y
PHELAN HALLINAN, LLP 1$ Qh 10r
Adam H. Davis, Esq., Id. NG.t'34 3
1617 JFK Boulevard, Suite 140'e LAND CO
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
NNS YLVANIANT y
GREEN TREE SERVICING LLC
vs.
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS
EXECUTRIX AND DEVISEE OF THE
ESTATE OF DEBRA L. STUM A/K/A
DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY
AS DEVISEE OF THE ESTATE OF DEBRA . ION
L. STUM A/K/A DEBRA L. STAUFFER ''4!!
PRAECIPE FOR IN REM JUDGMENT FOR F
ANSWER AND ASSESSMENT OF DAMAGES
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
No. 14 -632 -CIVIL
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against SUMMER SHELLEY A/K/A
SUMMER MINNICH, in her capacity as Executrix and Devisee of the Estate of DEBRA L. STUM
A/K/A DEBRA L. STAUFFER and AUTUM : ' ;• i' LLEY. in her capacity as Devisee of the Estate
of DEBRA L. STUM A/K/A DEBRA L. STA :' A ' • dant(s) for failure to file an Answer to
Plaintiff's Complaint within 20 days from service ; ,..;,, .PI,. preclosure and sale of the mortgaged
premises, and assess Plaintiffs damages as follows: E9 <kfn�/�
As set forth in Complaint �9'Y $134,886.01
$134,886.01
TOTAL
I hereby certify that (1) the
SHERMANS DALE, PA 17090-8412,
6332, and 1102 MARKET ST UNIT 16,
been given in accordance with Rule Pa.R.
ts' last known addresses are 296 FOX HOLLOW RD,
OCUST STREET, MECHANICSBURG, PA 17055 -
AND, PA 17070-1675, and (2) that notice has
1"14141-2-,4j0967______
Date 7//9//7
DAMAGES AREY ASSESSED AS INDICATED.
DATE: —nes 1 q
PHA 805589
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
PROTHONOTARY
805589
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
July 25, 2014
SUMMER SHELLEY
A/K/A SUMMER MINNICH
296 FOX HOLLOW RD
SHERMANS DALE, PA 17090-8412
AUTUM B. SHELLEY
1102 MARKET ST UNIT 16
NEW CUMBERLAND, PA 17070-1675
RE: GREEN TREE SERVICING LLC v. SUMMER SHELLEY, A/K/A SUMMER MINNICH
and AUTUM B. SHELLEY
Premises Address: 15 WEST LOCUST STREET MECHANICSBURG, PA 17055
CUMBERLAND County CCP, No. 14 -632 -CIVIL
Dear Defendants,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief that is, increasing the amount of the judgment. Please
respond to me within 5 days, by 7/30/2014.
Should you have further questions or concerns, please do not hesitate to contact me.
Otherwise, please be guided accordingly.
V
ly yours
Jonatir M ° .Akowicz,. Esq., Id. No.208786
Attor ` or Plaintiff
805589
1
Name and
Address
Of Sender
Line
2
Article Number
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
JOH
Name of Addressee, Street, and Post Office Address
SUMMER SHELLEY
296 FOX HOLLOW RD
SHERMANS DALE, PA 17090-8412
3
SUMMER SHELLEY
AUTUM B. SHELLEY
15 WEST LOCUST STREET
MECHANICSBURG, PA 17055-6332
Postage
$0.47
50.47
4
SUMMER SHELLEY
37 W LOCUST ST FL 1
MECHANICSBURG, PA 17055-6332
5
6
AUTUM B. SHELLEY
1102 MARKET ST UNIT 16
NEW CUMBERLAND, PA 17070-1675
AUTIJM B. SHELLEY
49 ALEXIA LN
NEWPORT, PA 17074-8376
RE: SUMMER SHELLEY A/K/A SUMMER MINNICH (CUMBERLAND) PH # 805589/1200
Page 1 of 1
Total Number of
Pieces Listed by Sender
Total Number of Pieces
Received at Post Office
Postmaster, Per (Name of
Receiving Employee)
50.47
50.47
50.47
•
52.35
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 5500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is 5500.
The maximum indemnity payable is 525,000 for registered mail, sent with optional insurance. See Domestic Mail Manual
R900 S9I3 and S921 for limitations of coverage.
Form 3877 Facsimile
80551
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
GREEN TREE SERVICING LLC
Plaintiff
v.
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14 -632 -CIVIL
Defendants
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individuals on the date indicated below.
SUMMER SHELLEY
A/K/A SUMMER MINNICH
296 FOX HOLLOW RD
SHERMANS DALE, PA 17090-8412
SUMMER SHELLEY
A/K/A SUMMER MINNICH
37 W LOCUST ST FL 1
MECHANICSBURG, PA 17055-6332
SUMMER SHELLEY
A/K/A SUMMER MINNICH
AUTUM B. SHELLEY
15 WEST LOCUST STREET
MECHANICSBURG, PA 17055-6332
AUTUM B. SHELLEY
1102 MARKET ST UNIT 16
NEW CUMBERLAND, PA 17070-1675
805589
r
AUTUM B. SHELLEY
49 ALEXIA LN
NEWPORT, PA 17074-8376
DATE: -7/3/ l By:
Phelan Hallinan, LLP
Att
Je.than M. Etkowicz, Esquire
TORNEY FOR PLAINTIFF
805589
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
GREEN TREE SERVICING LLC
Plaintiff
v.
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
Defendants
RULE
AND NOW, this Li.�� day of Rvgoi
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14 -632 -CIVIL
11
C= r-
717 rriCD
-rirl
rrt
-17
2014, a Rule is entered upon the Defendants
to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Damages.
Defendants shall have twenty (20) days from the date of this Order to file a response to
Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BY THE COURT
805589
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
S MMER SHELLEY
A/K/A SUMMER MINNICH
296 FOX HOLLOW RD
SHERMANS DALE, PA 17090-8412
.RUMMER SHELLEY
A/K/A SUMMER MINNICH
37 W LOCUST ST FL 1
MECHANICSBURG, PA 17055-6332
....,,,AUTUM B. SHELLEY
49 ALEXIA LN
NEWPORT, PA 17074-8376
sPV
..=Pn
,/ MMER SHELLEY
A/K/A SUMMER MINNICH
AUTUM B. SHELLEY
15 WEST LOCUST STREET
MECHANICSBURG, PA 17055-6332
-YTUM B. SHELLEY
1102 MARKET ST UNIT 16
NEW CUMBERLAND, PA 17070-1675
805589
805589
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
GREEN TREE SERVICING LLC
Plaintiff
v.
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM AJKJA DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
Defendants
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
1-110-1
CUMBERLAND Cou
w`
No.: 14 -632 -CIVIL r—
Civil Division
MOTION TO EXTEND THE RETURN DATE ON PLAINTIFF'S MOTION TO REASSESS
DAMAGES
Plaintiff respectfully requests that the Court enter an Order granting Plaintiffs Motion to
Extend the Return date on Plaintiff's Motion to Reassess Damages filed on August 1, 2014 in the
above captioned matter and in support thereof avers as follows:
1. Plaintiff filed its Motion to Reassess Damages with the Court on August 1, 2014.
2. Thereafter, the Court issued a Rule to Show Cause on August 4, 2014, returnable
on August 24, 2014. A true and correct copy of the Rule to Show Cause is
attached hereto, made part hereof, and marked as Exhibit "A".
3. Plaintiff respectfully requests that the Court issue a new return date so Plaintiff
can provide Defendants with appropriate notice and an opportunity to respond to
the Motion to Reassess Damages.
805589
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter the
attached proposed Order and issue a new return date on the Plaintiffs Motion to Reassess
Damages.
DATE:
By:
Phelan Hallinan, LLP
Jo/ an Lobb, Esquire
A TORNEY FOR PLAINTIFF
805589
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
GREEN TREE SERVICING LLC
Plaintiff
v.
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM ATKJA DEBRA L. STAUFFER
Defendants
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14 -632 -CIVIL
BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO EXTEND THE RETURN DATE ON
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff respectfully requests that the Court enter an Order granting Plaintiff's Motion to
Extend the Return Date on Plaintiffs Motion to Reassess Damages filed on August 1, 2014 in
the above captioned matter and in support thereof avers as follows:
Plaintiff filed its Motion to Reassess Damages with the Court on August 1, 2014.
Thereafter, the Court issued a Rule to Show Cause on August 4, 2014 returnable on August 24,
2014
Plaintiff respectfully requests that the Court issue a new return date so that Plaintiff can
provide defendants with appropriate notice and an opportunity to respond to the Motion to
Reassess Damages.
This Court has plenary powers to administer equity according to well-settled
805589
principles of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia,
176 A.779, 116 Pa. Super.101 (1935). Moreover, it is also well settled that the Courts will lean to
a liberal exercise of the power conferred upon them without encouraging technical niceties in the
modes of procedure and forms of pleading. Gunnett v. Trout, 112 A.2d 333, 380 Pa.504 (1955).
Finally, exhaustion of legal remedies is a prerequisite to the Court's exercise of its equitable
powers. See 23 U. Pitt.L.Rev 547 (1961).
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter the
attached proposed Order and issue a new return date on the Plaintiffs Motion to Reassess
Damages.
DATE:
By:
Phelan Hallinan, L
P
Jon an Lobb, Esquire
ATTORNEY FOR PLAINTIFF
805589
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
GREEN TREE SERVICING LLC
Plaintiff
v.
SUMMER SHELLEY A/KJA SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
Defendants
RULE
AND NOW, this day of Aogoi
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14 -632 -CIVIL
2014, a Rule is entered upon the Defendants
to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Damages.
Defendants shall have twenty (20) days from the date of this Order to file a response to
Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BY THE COURT
805589
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
...,...,StMMER SHELLEY
A/K/A SUMMER MINNICH
296 FOX HOLLOW RD
SHERMANS DALE, PA 17090-8412
....AUMMER SHELLEY
A/K/A SUMMER MINNICH
37 W LOCUST ST FL 1
MECHANICSBURG, PA 17055-6332
UTUM B. SHELLEY
49 ALEXIA LN
NEWPORT, PA 17074-8376
tS
8 sill/
—nen
..../S<MMER SHELLEY
A/KJA SUMMER MINNICH
AUTUM B. SHELLEY
15 WEST LOCUST STREET
MECHANICSBURG, PA 17055-6332
.......ArtITUM B. SHELLEY
1102 MARXET ST UNIT 16
NEW CUMBERLAND, PA 17070-1675
805589
805589
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
. GREEN TREE SERVICING LLC
Plaintiff
v.
SUMMER SHELLEY AIKIA SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14 -632 -CIVIL
Defendants
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individuals on the date indicated below.
SUMMER SHELLEY
AIKIA SUMMER MINNICH
296 FOX HOLLOW RD
SHERMANS DALE, PA 17090-8412
SUMMER SHELLEY
A/K/A SUMMER MINNICH
37 W LOCUST ST FL 1
MECHANICSBURG, PA 17055-6332
SUMMER SHELLEY
A/K/A SUMMER MINNICH
AUTUM B. SHELLEY
15 WEST LOCUST STREET
MECHANICSBURG, PA 17055-6332
AUTUM B. SHELLEY
1102 MARKET ST UNIT 16
NEW CUMBERLAND, PA 17070-1675
805589
AUTUM B. SHELLEY
49 ALEXIA LN
NEWPORT, PA 17074-8376
DATE: 1 igii By:
Phelan Ha linan, LLP
Jona h
ATT
obb, Esquire
EY FOR PLAINTIFF
805589
ti
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GREEN TREE SERVICING LLC Court of Common Pleas
Plaintiff
Civil Division
v.
CUMBERLAND County
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX •No.: 14 -632 -CIVIL
AND DEVISEE OF THE ESTATE OF DEBRA L. :-,
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS r_
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER -<> w
rc)
Defendants >c-)
ORDER
ha
AND NOW, this 1 day of S , 2014, upon consideration of Plaintiff's
Motion to Extend the Return Date on Plaintiff's Motion to Reassess Damages, Plaintiff's Motion
to Extend the Return Date is hereby granted; and
It is hereby ORDERED and DECREED that the return date provided in the Court's August
4, 2014 Order is hereby extended from August 24, 2014 to 0 (\ 'X,'1 11601 . Notice of the
entry of this Order shall be provided to all parties by the Plaintiff.
Co I. ES /iLfck,
J.
14 Lk:1144in tilt
941atily
BY THE COURT:
805589
f•-/
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
GREEN TREE SERVICING LLC
Plaintiff
vs.
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
ATTORNEY FOR PLAINTIFF
Court of Common
Civil Division
-11
CUMBERLAND C
No.: 14 -632 -CIVIL
Defendants
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's September 22, 2014 Rule
directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should
not be granted was served upon the following individuals on the date indicated below.
SUMMER SHELLEY
A/K/A SUMMER MINNICH
296 FOX HOLLOW RD
SHERMANS DALE, PA 17090-8412
SUMMER SHELLEY
AJK/A SUMMER MINNICH
AUTUM B. SHELLEY
15 WEST LOCUST STREET
MECHANICSBURG, PA 17055-6332
AUTUM B. SHELLEY
49 ALEXIA LN
NEWPORT, PA 17074-8376
805589
AUTUM B. SHELLEY
1102 MARKET ST UNIT 16
NEW CUMBERLAND, PA 17070-1675
DATE:
10 /8/1
By:
Phelan Hallinan, LLP
Joan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
805589
PLAINTIFF
GREEN TREE SERVICING LLC
AFFIDAVIT OF SERVICE (FNMA)
CUMBERLAND COUNTY
PH # 805589
SERVICE TEAM/ Ixh
COURT NO.: 14 -632 -CIVIL
DEFENDANT
SUMMER SHELLEY A/K/A SUMMER MINNICH, in her capacity as
Executrix and Devisee of the Estate of DEBRA L. STUM A/K/A
DEBRA L. STAUFFER
AUTUM B. SHELLEY, in her capacity as Devisee of the Estate of
DEBRA L. STUM A/K/A DEBRA L. STAUFFER
SERVE SUMMER SHELLEY A/K/A SUMMER MINNICH, in her
capacity as Executrix and Devisee of the Estate of DEBRA L. STUM
A/K/A DEBRA L. STAUFFER AT:
296 FOX HOLLOW RD
SHERMANS DALE, PA 17090-8412
SERVED
TYPE OF ACTION
XX Notice of Sheriff's Sale
SALE DATE: December 3, 2014
C')
Served and made known to SUMMER SHELLEY A/K/A SUMMER MINNICH, in her capacity as Execiix and2%'r
Devisee of the Estate of DEBRA L. STUM A/K/A DEBRA L. STAUFFER, Defendant on the '' day of
20 (4, at r
6:36, o'clock �. M., at 2-% COX (JV c .O /24 A. b , in the manner described below:
/Defendant personally served. 5 tj~t m+Ivs Qgt.E f PA-,
_ 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 3oHeight 6-'7 Weight 130 Race W Sex F Other
I Ronald MOIL , 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. 1 understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to
unsworn falsification to authorities.
DATE: 1 NAME:
614,4,42ThbaV
PRINTED NAME: Ronald Moll
Proccss Scrvcr
TITLE:
NOT SERVED
On the day of , 20 , at o'clock . M., I, , a competent adult hereby
state thati5eFendant NOT FOUND because:
— Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant)
No Answer on at at
_ Service Refused
Other:
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
BY:
PRINTED NAME:
ATTORNEY FOR PLAINTIFF
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
(215) 563-7000
PHELAN HALLINAN, LLP t 1 CCT 2 3 Attorney for Plaintiff
Paul Cressman, Esq., Id. No.318079 y`Y COMTV
,1:
1617 JFK Boulevard, Suite 1400 t.�.., �; ��,;:.
One Penn Center Plaza ` L"``S ' '' t't" A
Philadelphia, PA 19103
paul.cressman@phelanhallinan.com
215-563-7000
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
GREEN TREE SERVICING LLC
Plaintiff,
v.
Summer Shelley a/k/a Summer Minnich, in
Her Capacity as Executrix and Devisee of The
Estate of Debra L. Stum a/k/a Debra L.
Stauffer
Autum B. Shelley, in Her Capacity as Devisee
of The Estate of Debra L. Stum a/k/a Debra
L. Stauffer
Defendant(s)
. CUMBERLAND COUNTY
COURT OF COMMON PLEAS
. CIVIL DIVISION
: No.: 14 -632 -CIVIL
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2
COMMONWEALTH OF PENNSYLVANIA )
PHILADELPHIA COUNTY ) SS:
As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders
and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of
the persons or parties named, at that address, :: and as amended if
applicable. A copy of the Certificate of M ' ing (Form 3 : . s or er • - ; ail Return
Receipt stamped by the U.S. Postal Sery ce is attac ed hereto Exhibit "
Date:
Esq., Id. No.318079
aintiff
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not
be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale
must be postponed or stayed in the event that a representative of the plaintiff is not present
at the sale.
PH # 805589
Name and
Address
Of Sender
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
AZK/JKM - 12/03/2014 SALE
c
r
Line
Form
Article Number
Name of Addressee, Street, and Post Office Address
Postage
Y' t9
l'wa CO
*� i ' C)
�; i!
•
i, 0
,a
` ,-
^t`
r.1 stkit.
Vin Vir
- • =
�•
1
****
TENANT/OCCUPANT
15 WEST LOCUST STREET
MECHANICSBURG, PA 17055-6332
$0.47 ;2
i
,: •.
2
****
Borough of Mechanicsburg
36 WEST ALLEN STREET
MECHANICSBURG, PA 17055
$0:47 .•`
. ✓
�/
3
****
Borough of Mechanicsburg C/O Lisa Coyne, Esquire
3901 MARKET ST
CAMP HILL, PA 17011-4227.
$0.47
4
****
Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division
6th Floor, Strawberry Sq. Dept 280601
Harrisburg, PA 17128
$0.47
5
****
Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program
P.O. Box 8486 Willow Oak Building
Harrisburg, PA 17105
$0.47]��41'
6
****
Estate of Debra L. Stam C/O Scott Morrison, Esquire
6 WEST MAIN STREET
PO BOX 232
NEW BLOOMFIELD, PA 17068
$0.47
7
****
Summer Shelley a/k/a Summer Minnick, in Her Capacity as Executrix and Devisee of The Estate of Debra L.
Stum a/k/a Debra L. Stauffer
296 FOX HOLLOW RD
SHERMANS DALE, PA 17090-8412
$0.47
8
****
Autum B. Shelley, in Her Capacity as Devisee of The Estate of Debra L. Stun) a/k/a Debra L. Stauffer
1102 MARKET ST UNIT 16
NEW CUMBERLAND, PA 17070-1675
$0.47
9
****
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, PA 17013
$0.47
10
****
Commonwealth of Pennsylvania Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
$0.47
11
****
Internal Revenue Service Advisory
1000 Liberty Avenue Room 704
Pittsburgh, PA 15222
$0.47
12
****
U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building
228 Walnut Street, Suite 220 PO Box 11754
Harrisburg, PA 171084754
$0.47
C— .-
RE: SUMMER SHELLEY (CUMBERLAND) PH # 80_5589/1021 Page 1 of 1 Writ Team
$5.64
Total Number of
Pieces Listed by Sender
Toed Number of Pieces
Received at Post Office
Postmaster, Per (Name or
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 S50.01141 per
piece subject to u limit of 5500,000 per occurrence. 'The maximum indemnity payabk on Express Mail merchandise is 55101.
The maximum indemnity payable is S25,000 for registered mail, sent with optional insurance, See Domestic Marl Minced
fcoverage
8900 S9I3 and 5421 for limitations id-coverage-
Form 3877 Facsimile
ui
U,
en
m
e7
Ar
0
0
a
Name and
Address
Of Sender
sumk
Phelan. Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
JOH
Line
Article Number
Name of Addressee, Street, and Post Office Address
2
SUMMER SHELLEY
296 FOX HOLLOW RD
SHERMANS DALE, PA 17090-8412
Postage
$0.47
3
SUMMER SHELLEY
AUTUM B. SHELLEY
15 WEST LOCUST STREET
MECHANICSBURG, PA 17055-6332
$0.47
4
*
SUMMER SHELLEY
37 W LOCUST ST FL 1
MECHANICSBURG, PA 17055-6332
5
***
AUTUM B. SHELLEY
1102 MARKET ST UNIT 16
NEW CUMBERLAND, PA 17070-1675
6
AUTUM B. SHELLEY
49 ALEXIA LN
NEWPORT, PA 17074-8376
RE: SUMMER SHELLEY A/K/A SUMMER MINNICH (CUMBERLAND) PH # 805589/1200
Page 1 of I
S0.47
$0.47
S0.47
$2.35
4
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 reconstnicnon insurance is $50,000 per
piece subject to a limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is S500.
The maximum indemnity payable is S25,000 for registered mail, sent with optional insurance. Sec Domestic Mail Manual
R900 S913 and 5921 for limitations of coverage.
Form 3877 Facsimile
8055
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
GREEN TREE SERVICING LLC
Plaintiff
vs.
�., Vfi 1i.r
.. ..`J C,.S
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
Defendants
1
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14 -632 -CIVIL
MOTION TO MAKE RULE ABSOLUTE
GREEN TREE SERVICING LLC, by and through its attorney, hereby petitions this
Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in
support thereof avers as follows:
1. A Motion to Reassess Damages was filed with the Court on August 1, 2014.
2. A Rule was issued by the Honorable M.L. Ebert, Jr. on or about September 22,
2014 directing the Defendants to show cause by October 24, 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.
805589
4. Defendants failed to respond or otherwise plead by the Rule Returnable date of
October 24, 2014.
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiffs Motion to Reassess Damages.
DATE: /07. By:
Adam H. Davis, Esq., Id. No.2030 4
Attorney for Plaintiff
Phelan Hallinan, LLP
805589
3
Exhibit "A'
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GREEN TREE SERVICING LLC
Plaintiff
v.
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
Defendants
ORDER
Court of Common Pleas
Civil Division
CUMBERLAND County
•
•
No.: 14 -632 -CIVIL
•
C7 N
rn0tn
rri r'1
N
C O
Dh �
Hca
m
n
AND NOW, this 1 a
day of S c.eV , 2014, upon consideration of Plaintiff s
Motion to Extend the Return Date on Plaintiffs Motion to Reassess Damages, Plaintiff's Motion
to Extend the Return Date is hereby granted; and
It is hereby ORDERED and DECREED that the return date provided in the Court's August
4, 2014 Order is hereby extended from August 24, 2014 to 0 („\ . Notice of the
entry of this Order shall be provided to all parties by the Plaintiff.
Copies iiz Lok
J.
ALt-kt v
9 122.7134
BY THE COURT:
805589
Exhibit "B"
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
GREEN TREE SERVICING LLC
Plaintiff
vs.
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14 -632 -CIVIL
Defendants
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute
was served upon the following individuals on the date indicated below.
SUMMER SHELLEY
A/K/A SUMMER MINNICH
296 FOX HOLLOW RD
SHERMANS DALE, PA 17090-8412
AUTUM B. SHELLEY
1102 MARKET ST UNIT 16
NEW CUMBERLAND, PA 17070-1675
DATE: rorzvi<f
SUMMER SHELLEY
A/K/A SUMMER MINNICH
AUTUM B. SHELLEY
15 WEST LOCUST STREET
MECHANICSBURG, PA 17055-6332
AUTUM B. SHELLEY
49 ALEXIA LN
NEWPORT, PA 17074-8376
Phelan Hallinan, LLP
By:
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
805589
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GREEN TREE SERVICING LLC
Plaintiff
vs.
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
Defendants
ORDER
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14 -632 -CIVIL
AND NOW, this 3rd day of iJ 0 y , 2014, upon consideration of Plaintiff's
Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered
upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess
Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED
to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows:
Principal Balance
Interest Through August 15, 2014
Legal fees
Cost of Suit and Title
Property Inspections
Property Preservation
Appraisal/Brokers Price Opinion
$122,404.70
$15,055.98
$1,650.00
$962.20
$45.00
$1,753.00
$100.00
805589
Escrow Deficit
TOTAL
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.
$8,783.55
$150,754.43
BY THE COURT:
)
805589
PHELAN HALLINAN, LLP
Attorney for Plaintiff
One Penn Center Plaza
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
GREEN TREE SERVICING LLC
Plaintiff
v.
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
Defendants
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 14 -632 -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, AUTUM B.
SHELLEY, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF DEBRA L. STUM
A/K/A DEBRA L. STAUFFER, by certified mail and regular mail at 1102 MARKET ST UNIT
16, NEW CUMBERLAND, PA 17070-1675 and 15 WEST LOCUST STREET,
MECHANICSBURG, PA 17055-6332 and posting 15 WEST LOCUST STREET,
MECHANICSBURG, PA 17055-6332 and in support thereof avers the following:
1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for
March 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, AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L. STUM A/K/A DEBRA L.
STAUFFER, with the Notice of Sale at the mortgaged premises, 15 WEST
LOCUST STREET, MECHANICSBURG, PA 17055-6332, have been
unsuccessful, as indicated by the Return of Service attached hereto as Exhibit
"A". The mortgage premises is vacant.
4. Attempts to serve Defendant, AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L. STUM A/K/A DEBRA L.
STAUFFER, with the Notice of Sale at 1102 MARKET ST UNIT 16, NEW
CUMBERLAND, PA 17070-1675, have been unsuccessful, as indicated by the
Return of Service attached hereto as Exhibit "A". There was no answer at this
address.
5. 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".
6. In addition to traditional sources, the above investigation searched numerous
internet websites including LexisNexis, the social security death index, and
WhitePages.com using the defendant's/defendants' social security number where
possible in attempt to locate the defendant(s).
7. 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
October 27, 2014 and requested Defendant's concurrence. Plaintiff did not
receive any written response from the Defendant. A true and correct copy of
Plaintiffs October 27, 2014 letter and postmarked certificate of mailing pursuant
to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit
8. Plaintiff submits that it has made a good faith effort to locate the Defendant,
AUTUM B. SHELLEY, IN HER CAPACITY AS DEVISEE OF THE ESTATE
OF DEBRA L. STUM A/K/A DEBRA L. STAUFFER, but has been unable to do
so.
9. Plaintiff has reviewed its internal records and has not been contacted by the
Defendant as of October 17, 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
AUTUM B. SHELLEY, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER at 1102 MARKET ST UNIT 16, NEW
CUMBERLAND, PA 17070-1675 and 15 WEST LOCUST STREET, MECHANICSBURG, PA
17055-6332 and posting 15 WEST LOCUST STREET, MECHANICSBURG, PA 17055-6332.
Phelan Hallinan, LLP
DATE:
ti
By:
Jon an Lobb, Esquire
Bar ID No: 312174
Attorney for Plaintiff
PHELAN HALLINAN, LLP
Attorney for Plaintiff
One Penn Center Plaza
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
GREEN TREE SERVICING LLC
Plaintiff
v.
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
Defendants
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 14 -632 -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, AUTUM B. SHELLEY, IN HER
CAPACITY AS DEVISEE OF THE ESTATE OF DEBRA L. STUM A/K/A DEBRA L.
STAUFFER, 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 AUTUM B. SHELLEY, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF
DEBRA L. STUM A/K/A DEBRA L. STAUFFER at 1102 MARKET ST UNIT 16, NEW
CUMBERLAND, PA 17070-1675 and 15 WEST LOCUST STREET, MECHANICSBURG, PA
17055-6332 and posting 15 WEST LOCUST STREET, MECHANICSBURG, PA 17055-6332..
DATE:
IV
Phelan Hallinan, LLP
By:
athan Lobb, Esquire
ar ID No: 312174
Attorney for Plaintiff
PHELAN HALLINAN, LLP
Attorney for Plaintiff
One Penn Center Plaza
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
GREEN TREE SERVICING LLC
Plaintiff
v.
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
Defendants
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 14 -632 -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.
SUMMER SHELLEY A/K/A SUMMER MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L. STUM A/K/A DEBRA L. STAUFFER
296 FOX HOLLOW RD
SHERMANS DALE, PA 17090-8412
SUMMER SHELLEY A/K/A SUMMER MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L. STUM A/K/A DEBRA L. STAUFFER
15 WEST LOCUST STREET
MECHANICSBURG, PA 17055-6332
AUTUM B. SHELLEY, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
1102 MARKET ST UNIT 16
NEW CUMBERLAND, PA 17070-1675
AUTUM B. SHELLEY, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
15 WEST LOCUST STREET
MECHANICSBURG, PA 17055-6332
DATE:
Phelan Hallinan, LLP
By:
Jona Lobb, Esquire
Bar D No: 312174
Attorney for Plaintiff
EXHIBIT "A"
AFFIDAVIT OF SERVICE (FNMA)
PLAINTIFF' CUMBERLAND COUNTY
GREEN TREE SERVICING LLC
PH k 305589
DEFENDANT SERVICE TEAM/ txh
SUMMER SHELLEY A/K/A SUMMER MINNICK in her capacity as COURT NO.: 14-632-C
Executrix and Devisee of the Estate of DEBRA L. STIJM A/K/A
DEBRA L. STAUFFER
AUTUM B. SHELLEY, in her capacity as Devisee of the Estate of
• DEBRA I,. S'TUM A/K/A DEBRA L. STAUFFER
SERVE AUTUM B. SHELLEY, in her capacity as Devisee of the
Estate of DEBRA L. STUM A/K/A DEBRA L. STAUFFER AT:
IS WEST LOCUST STREET
MECHANICSBURG, PA 17055-6332
TYPE OF ACTION
XX Notice of Sheriff's Sale
SALE DATE: December 3, 2014
SERVED
Served and made known to AUU'j1dM13.SHELL _E~ %n her capacity as .Devisee ed the Lstate t:f DEBRA L. S'L`UM.
A/K/A DEBRA L. STAUFFER, Defendant on the day of , 20 _.. , at
. o'clock . M., at , in the manner described below:
Defendant personally served.
__ Adult family member with whom Defendants) 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 Weight. -._..__.._....-_. Race , Sex -__ Other
I, a competent adult, hereby verify that I personally handed a true and correct copy of the
Notice_of Sheriff's 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: NAME:
PRINTED NAME:
TITLE:
NOT SERVED
On the i24-'' day of i 6-as7 , 20 (d, at (012C o'clock A. M., I, Ronald Molt a competent adult hereby
state that Defendant 0 ` Fe i' D ecause:
s/ Vacant Does Not ExistMoved _Does Not Reside (Not Vacant)
No Answer on in at
Service Refused
Other:
I unde+sta L that this statemen
falsifir•::pion thoriIies. it
BY:
is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
PRINTED NAME:
Ronald Moll
ATTORNEY FOR PLAINTIFF
Phelan Hallinan, LLP
16171FK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
(215) 563-7000
AFFIDAVIT OF SERVICE (FNMA)
PLA INTIFF CUMBERLAND COUNTY
GREEN TREE SERVICING LLC
PH # 805589
DEFENDANT SERVICE TEAM/ lxh
SUMMER SHELLEY A/K/A SUMMER MINNICI-I, in her capacity as COURT NO.: 14 -632 -CIVIL
Executrix and Devisee of the Estate of DEBRA L. STUM A/K/A
DEBRA L. STAUFFER
AUTUM B. SHELLEY, in her capacity as Devisee of the Estate of
DEBRA L. STUM A/K/A DEBRA L. STAUFFER
SERVE AUTUM B. SHELLEY, in her capacity as Devisee of the
Estate of DEBRA L. STUM A/K/A DEBRA L. STAUFFER AT:
1102 MARKET ST UNIT 16
NEW CUMBERLAND, PA 17070-1675
TYPE OF ACTION
XX Notice of Sheriff's Sale
SALE DATE: December 3, 2014
SERVED
Served and made known to AUTUM IL SHELLEY. in her edpaeity as Devisee of the Estate of DEBRA L. STUM
A/K/A DEBRA L. STAUFFER, 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 Weight Race Sex,m 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: NAME:
PRINTED NAME: .
TITLE:
A NOT SERVED
On the 3a''day of ��r(d6 u5 T 20 14, at 3'oa o'clock . M., I, Ronald Molt 4a competent adult hereby
state that Defendant. NOT FOUND because:
Vacant Does Not Exist ‘/Moved r ✓Does Not Reside (Not Vacant)
iii,/ 1,/4 at (:ID Pw_slQ
e '�t4@g;(544r+n ; &/)4/l4- fa' 1•tS tows
_ Service Refused /
Other:
1 iutderst ttr tt this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsiltcaii n n ai .Iiorities.
BY;
PRINTED NAME: Ronald Moll
ATTORNEY FOR PLAINTIFF
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
(215)563-7000
Process Servers Checklist
File Number: g5 5.-e/
Coo). k1/472-ie44-- 57-., wIT !‘ )
N Cu.44MAL"' .8 I 1)4
If service is made:
(spouse's names/addresses if not the same)
Wife:
Husband:
if no service is made:
Divorced: Yes ( ) No ( )
Separated: Yes ( ) No ( )
Are the premises vacant? Yes ( ) No (ell Boarded/Abandoned Yes ( ) No (0/
Is there a name on the mailbox? Yes ( ) No (4 Is it the defendant(s)? Yes ( ) No ( )
Was ;here neighbor contact? Yes vy No ( )
Left Side Right Side
S-raim) 7-46-T 14 ("41‘11
Opposite
"For Sale" sign? Yes ( ) No ( "For Rent" sign? Yes ( ) No (tX
Realtor's name:
Company's name: ,
Phone number:
Is there a car in the driveway'? Yes ( ) No (4 Plate number: State
Additional information:
•
EXHIBIT "B"
AFFIDAVIT OF GOOD FAITH INVESTIGATION
File Number: 805589
Attorney Firm: Phelan Hallinan, LLP
Subject: Summer Shelley & Autum B. Shelley
Property Address: 15 West Locust Street, Mechanicsburg, PA 17055
Possible Mailing Address: (Summer Shelley) 296 Fox Hollow Road, Shermans Dale, PA
17090
(Autum B. Shelley) 1102 Market Street, Unit 16, New
Cumberland, PA 17070
I. CREDIT INFORMATION
A. SOCIAL SECURITY NUMBER
Our search verified the following information to be true and correct
Summer Shelley - not available
Autum B. Shelley - not available
B. EMPLOYMENT SEARCH
Summer Shelley & Autum B. Shelley - A review of the credit reporting agencies provided
no employment information.
C. INQUIRY OF CREDITORS
Our inquiry of creditors indicated that Summer Shelley & Autum B. Shelley reside(s) at:
15 West Locust Street, Mechanicsburg, PA 17055.
II. INQUIRY OF TELEPHONE COMPANY
A. DIRECTORY ASSISTANCE SEARCH
Our office searched directory assistance databases, which had no listing for Summer
Shelley & Autum B. Shelley.
B. On 09-11-14 our office searched directory assistance databases, which had no phone
number for Summer Shelley & Autum B. Shelley.
III. INQUIRY OF NEIGHBORS
On 09-11-14 our office made several phone calls in an attempt to contact Kimberly Deline
(717) 691-7981,11 West Locust Street, Mechanicsburg, PA 17055: answering machine.
On 09-11-14 our office made several phone calls in an attempt to contact Barry C. Tinkey
(717) 697-9694,19 West Locust Street, Mechanicsburg, PA 17055: answering machine.
On 09-11-14 our office made several phone calls in an attempt to contact Paul E. Misiti
(717) 691-1968, 21 West Locust Street, Mechanicsburg, PA 17055: no answer.
On 09-11-14 our office made a phone call in an attempt to contact Charles G. Horn Sr.
(717) 582-2881, 290 Fox Hollow Road, Shermans Dale, PA 17090: disconnected.
On 09-11-14 our office made several phone calls in an attempt to contact Crystal Dodson
(717) 582-0427, 285 Fox Hollow Road, Shermans Dale, PA 17090: no answer.
On 09-11-14 our office made several phone calls in an attempt to contact Janet N.
Colondrillo (717) 582-4170, 304 Fox Hollow Road, Shermans Dale, PA 17090: answering
machine.
On 09-11-14 our office made several phone calls in an attempt to contact Lora M. Etter
(717) 525-9860,1102 Market Street, Unit 1, New Cumberland, PA 17070: answering
machine.
On 09-11-14 our office made several phone calls in an attempt to contact Amanda E.
Morgan (717) 774-2639,1102 Market Street, Unit 11, New Cumberland, PA 17070: no
answer.
On 09-11-14 our office made several phone calls in an attempt to contact Margaret Y.
Fultz (717) 774-5476,1102 Market Street, Unit 12, New Cumberland, PA 17070: answering
machine.
IV. ADDRESS INQUIRY
A. NATIONAL ADDRESS UPDATE
On 09-11-14 we reviewed the National Address database and found the following
information: Summer Shelley & Autum B. Shelley -15 West Locust Street,
Mechanicsburg, PA 17055.
B. ADDITIONAL ACTIVE MAILING ADDRESSES
Per our inquiry of creditors, the following is a possible mailing address: (Summer
Shelley) 296 Fox Hollow Road, Shermans Dale, PA 17090 & (Autum B. Shelley) 1102
Market Street, Unit 16, New Cumberland, PA 17070.
V. OTHER INQUIRIES
A. DEATH RECORDS
As of 09-11-14 Vital Records and all public databases have no death record on file for
Summer Shelley & Autum B. Shelley.
VI. ADDITIONAL INFORMATION OF SUBJE(..."I
A. YEAR OF BIRTH
Summer Shelley - not available
Autum B. Shelley - not available
* The following accessible internet databases have been checked and cross-
referenced for the above named individual(s).
SSN Subject Summary
Others Using SSN
Address Summary
Voter Registrations
Driver Licenses
Professional Licenses
Health Care Providers
Health Care Sanctions
Pilot Licenses
Sport Licenses
Real Property Assets
Motor Vehicle Registrations
Boats
Aircraft
Bankruptcy information
Judgments/Liens
UCC Liens
Fictitious Businesses
Notice Of Defaults
Business Associates
Person Associates
Neighbors
Employment Locator
Criminal Filings
Cellular & Alternate Phones
1 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
7enalties of 18 PCS. Se S. 4904 relating to unsworn falsification to authorities.
U4
The above information is obtained from available public records
and we are only liable for the cost of the affidavit.
SUSAN P. Moran, Legal
Service Department
October 27, 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
AUTUM B. SHELLEY, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
1102 MARKET ST UNIT 16
NEW CUMBERLAND, PA 17070-1675
RE: GREEN TREE SERVICING LLC v. SUMMER SHELLEY A/K/A SUMMER MINNICH,
IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER and AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L. STUM A/K/A DEBRA L. STAUFFER
Premises Address: 15 WEST LOCUST STREET, MECHANICSBURG, PA 17055-6332
CUMBERLAND County, No. 14 -632 -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 November 3, 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 # 805589
SUSAN P. Moran, Legal
Service Department
October 27, 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
AUTUM B. SHELLEY, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
15 WEST LOCUST STREET
MECHANICSBURG, PA 17055-6332
RE: GREEN TREE SERVICING LLC v. SUMMER SHELLEY A/K/A SUMMER MINNICH,
IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER and AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L. STUM A/K/A DEBRA L. STAUFFER
Premises Address: 15 WEST LOCUST STREET, MECHANICSBURG, PA 17055-6332
CUMBERLAND County, No. 14 -632 -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 November 3, 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 # 805589
Name and
Address
Of Sender
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
SPL
Line
Article Number
Name of Addressee, Street, and Post Office Address
P,74ge
.-
{co
—'-_�
0
1
****
$1.4. `
v 8Hd�•S��-No
AUTUM B. SHELLEY, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF DEBRA L.
Jib
' • �'
STUM A/K/A DEBRA L. STAUFFER
; r +�
15 WEST LOCUST STREET
•" ' f
MECHANICSBURG, PA 17055-6332
a.,.. t
•
2
****
$0.47
AUTUM B. SHELLEY, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF
_
DEBRA L. STUM A/K/A DEBRA L. STAUFFER
1102 MARKET ST UNIT 16
NEW CUMBERLAND, PA 17070-1675
3
****
$0.47
RE: SUMMER SHELLEY A/K/A SUMMER MINNICH (CUMBERLAND) TEAM 4 PH # 805589/1021
$1.41
Page 1of1
Total Number of
Total Number of Pieces
Postmaster, Per (Name of
The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable
Pieces Listed by Sender
Received at Post Office
Receiving Employee)
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 S913 and S921 for limitations of coverage.
Form 3877 Facsimile
PH # 805589
OF THE rHiOf:oNQ4#ARY
?Oh NOV --6 10: 04
CUM8Ei L/',;,U COUNTY
PENNSYLVANIA
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
GREEN TREE SERVICING LLC
Plaintiff : CIVIL DIVISION
v. : No.: 14 -632 -CIVIL
SUMMER SHELLEY A/K/A SUMMER MINNICH, in her
capacity as Executrix and Devisee of the Estate of DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, in her capacity as Devisee of the
Estate of DEBRA L. STUM A/K/A DEBRA L. STAUFFER
Defendant(s)
NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE
The Sheriffs Sale scheduled for 12/03/2014 at 10:00 AM in the above -captioned matter
has been continued until 03/04/2015 at 10:00 AM.
Date: //`J5! 1Y.
PH # 805589
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
$Ml
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
GREEN TREE SERVICING LLC
Plaintiff : CIVIL DIVISION
v. : No.: 14 -632 -CIVIL
SUMMER SHELLEY A/K/A SUMMER MINNICH, in her
capacity as Executrix and Devisee of the Estate of DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, in her capacity as Devisee of the
Estate of DEBRA L. STUM A/K/A DEBRA L. STAUFFER
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:
SUMMER SHELLEY
296 FOX HOLLOW RD
SHERMANS DALE, PA 17090-8412
AUTUM B. SHELLEY
1102 MARKET ST UNIT 16
NEW CUMBERLAND, PA 17070-1675
AUTUM B. SHELLEY
49 ALEXIA LN
NEWPORT, PA 17074-8376�j
/
Date: [ / /SPY -
PH
t���r
PH # 805589
SUMMER SHELLEY
15 WEST LOCUST STREET
MECHANICSBURG, PA 17055-6332
AUTUM B. SHELLEY
15 WEST LOCUST STREET
MECHANICSBURG, PA 17055-6332
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
GREEN TREE SERVICING LLC
Plaintiff
v.
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFERY
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
>
No.: 14 -632 -CIVIL
Defendants
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the
Prothonotary to amend the judgment in this matter, and in support thereof avers the following:
1. Plaintiff commenced this foreclosure action by filing a Complaint on February 4,
CD
CP
CD
UD
2014.
2. Judgment was entered on July 15, 2014 in the amount of $134,886.01. A true and
correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as
Exhibit "A".
3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order
dated November 3, 2014, amending the judgment amount to $150,754.43. A true and correct
copy of the Order is attached hereto, made part hereof, and marked as Exhibit "B".
805589
1
4. 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.
5. The Property is listed for Sheriffs Sale on March 4, 2015.
6. Additional sums have been incurred or expended on Defendants' behalf since the
Complaint was filed and Defendants have been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance
Interest Through December 2, 2014
Legal fees
Cost of Suit and Title
Property Inspections
Property Preservation
Appraisal/Brokers Price Opinion
Escrow Deficit
$122,404.70
$17,014.71
$2,950.00
$1,175.86
$45.00
$2,325.40
$100.00
$8,819.45
TOTAL $154,835.12
7. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to
inclusion of the figures set forth above in the amount of judgment against the Defendants.
9. Plaintiff's foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiff's attached brief.
10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of
its proposed Motion to Reassess Damages and Order to the Defendant on November 25, 2014 and
requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants.
805589
2
A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) is attached hereto,
made part hereof, and marked as Exhibit "C".
11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that
Judge M.L. Ebert, Jr. entered an order granting Plaintiff's Motion to Make Rule Absolute dated
November 3, 2014.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE:
z 61)4
B
Phelan H an, LLP
ustm F. obeski, Es . 're
ATTO EY FOR P , AINTIFF
3
805589
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
GREEN TREE SERVICING LLC
Plaintiff
v.
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
Defendants
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14 -632 -CIVIL
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
DEBRA L. STUM A/K/A DEBRA L. STAUFFER, 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 15 WEST LOCUST STREET,
MECHANICSBURG, PA 17055-6332. The Mortgage indicates that in the event of a default in
the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other
items, in order to protect the security of the Mortgage.
In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous,
promised monthly mortgage payments. Accordingly, after it was clear that the default would not be
805589
cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently
entered by the Court, and the Property is currently scheduled for Sheriffs Sale.
Because of the excessive period of time between the initiation of the mortgage foreclosure
action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are
outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give Defendants credit for monthly
payments tendered through bankruptcy, if any.
II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
It is settled law in Pennsylvania that the Court may exercise its equitable powers to control
the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E.,
Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase
Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The
Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its
judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489
(Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998).
Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445
Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact,
can be expected to change from day to day because the bank must advance sums in order to protect
its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must
protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d
805589
2
826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment, and if there is competitive bidding for the Property,
Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to
protect its interests. Conversely, amending the in rem judgment will not be detrimental to
Defendants as it imputes no personal liability.
In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that
a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa.
Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not
adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender
payments during the foreclosure proceeding and the advances made by the mortgage company. The
Mortgage plainly requires the 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
are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance
premiums, fire insurance premiums, taxes and other assessments relating to the Property. The
mortgagor 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
805589
3
Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer
Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania
Rule of Civil Procedure 1141(a).
However, Pennsylvania law requires that the foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for
bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the
mortgaged property at the Sheriff's Sale and become the successful purchaser, Plaintiff would
receive the amount of the in rem judgment from the Sheriff.
IV. INTEREST
The Mortgage clearly requires that the Defendants shall promptly pay when due the
principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest
to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days
prior to the date of default through the date of the impending 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.
805589
4
Most importantly, the Mortgage specifically provides that the mortgagee may advance the
monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is
simply seeking to have the Court enforce the terms of the Mortgage.
VI. ATTORNEY'S FEES
The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done
throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91
letters, loan documents, account records, title reports and supporting documents, preparing and
reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1
Notice, Department of Defense search, entry of judgment, the writ of execution process, lien
holder notices, and all of the other legal work that goes into handling the mortgage foreclosure
lawsuit.
The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The
amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the
loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded
that a request of five percent of the outstanding principal balance is reasonable and enforceable as
an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan
Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super.
1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included
in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton
805589
5
Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are
significantly less than what is permitted by Pennsylvania law.
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
805589
6
foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from
the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of
suit and title in their entirety, which will not cause harm to the Defendants.
VIII. PROPERTY INSPECTIONS AND PRESERVATION
The terms of the mortgage provide for property inspections and property preservation
charges. The lender or its agent may make reasonable inspections of the property pursuant to the
terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender
may do, or pay for, whatever is reasonable to protect its interest in the collateral, including
property maintenance. Any amounts disbursed by the lender for property inspections and
preservation become additional debt of the borrower secured by the mortgage. The lender may
charge the borrower for services performed in connection with the default, for the purpose of
protecting the lender's interest in the property, including property inspections and valuation
costs.
When a loan is in default, the lender's risk increases. Mortgage companies typically have
a vendor visit the premises to determine if any windows need to be boarded up, if the property is
vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any
problems at the mortgaged premises, then the mortgage company may proceed to take whatever
steps are necessary to secure the collateral, such as boarding windows, winterizing, removing
hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks,
which are referred to in the industry as "property preservation". These services avoid code
violations and avoid the property becoming an eyesore in the neighborhood. Property
preservation helps maintain property values in the neighborhood.
805589
7
Accordingly, line items included in Motions to Reassess Damages for property
inspections and property preservation represent amounts which the mortgage company has paid
out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract.
Since the terms of the mortgage provide that such expenses by the mortgage company become
part of the borrower's debt secured by the mortgage, those expenses are properly included in the
Plaintiff's Motion to Reassess Damages.
IX. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE: IZ 15 lit)
By:
Phelan H. linan, LLP
Just obeski, ' . • uire
Atte. for Plaintiff
8
805589
c)r r yE � � � F/C�
1d 14 JU �NO rA/�},
PHELAN HALLINAN LLP i! 15
4M
Adam H. Davis, Esq, Id. NsiY 3
1617 JFK Boulevard, Suite 140 NNs /iD Co,UNTY
A
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
GREEN TREE SERVICING LLC
vs.
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS
EXECUTRIX AND DEVISEE OF TEE
ESTATE OF DEBRA L. STUM A/K/A
DEBRA L STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY
AS DEVISEE OF THE ESTATE OF DEBRA
L STUM A/K/A DEBRA L. STAUFFER
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
No. 14 -632 -CIVIL
4&,1
PRAECIPE FOR IN REM JUDGMENT FOR F
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgnnent in favor of the Plaintiff and against SUMMER SHELLEY A/K/A
SUMMER MINNICH. in her capacity as Executrix and Devisee of the Estate of DEBRA L. STUM
A/K/A DEBRA L. STAUFFER and AUTUM' [4 LEY. in her canacitv as Devisee of the Estate
of DEBRA L. STUM A/K/A DEBRA L. STA Y ' ndant(s) for failure to file an Answer to
Plaintiff's Complaint within 20 days from service • , ; •�+1.., preclosure and sale of the mortgaged
premises, and assess Plaintiff's damages as follows: E'9 0040 ►
As set forth in Complaint 9H $Y34,886.01
TOTAL
I hereby certify that (1) the
SHERMANS DALE, PA 17090-8412,
6332, and 1102 MARKT ST UNIT 16,
been given in accordance with Rule Pa.R
$134,886.01
last known addresses ate 296 FOX HOLLOW RD,
ST STREET, MECHANICSBURG, PA 17055-
, PA 17070-1675, and (2) that notice has
Date 7// /p
DAMAGES ARE Y ASSESSED AS INDICATED.
DATE: -7 i S
1 �4
PH # 805589
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
.1)
PROTHONOTARY
805589
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GREEN TREE SERVICING LLC
Plaintiff
vs.
SUMMER SHELLEY A/KJA SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/KJA DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
Defendants
ORDER
AND NOW, this 3 y of A.120. , 2014, upon consideration of Plaintiff s
Court of Common Pleas
Civil Division
CUMBERLAND County
No . : 14 -632 -CIVIL c>
-13
rnczt
"1
ci)
r— Z
cZ7
Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered
upon Defendants shall be and is hereby made 'absolute and Plaintiffs 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 tunc as follows:
Principal Balance
Interest Through August 15, 2014
Legal fees
Cost of Suit and Title
Property Inspections
Property Preservation
Appraisal/Brokers Price Opinion
$122,404.70
$15,055.98
$1,650.00
$962.20
$45.00
$1,753.00
$100.00
805589
Escrow Deficit
TOTAL
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.
$8,783.55
$150,754.43
BY THE COURT:
805589
Exhibit "C"
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
November 2i, 2014
SUMMER SHELLEY
A/K/A SUMMER MINNICH
296 FOX HOLLOW RD
SHERMANS DALE, PA 17090-8412
AUTUM B. SHELLEY
1102 MARKET ST UNIT 16
NEW CUMBERLAND, PA 17070-1675
RE. GREEN TREE SERVICING LLC v. SUMMER SHELLEY, A/K/A SUMMER MINNICH
and AUTUM B. SHELLEY
Premises Address: 15 WEST LOCUST STREET MECHANICSBURG, PA 17055
CUMBERLAND County CCP, No. 14 -632 -CIVIL
Dear Defendants,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief that is, increasing the amount of the judgment. Please
respond to me within 5 days, by 11/29/2014.
Should you fav ber.questions or concerns, please do not hesitate to contact me.
Otherwise, please be
Lan F
Attorn&► *rPlarn
E ekt s
accordingly.
q., Id. No.200392
805589
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
GREEN TREE SERVICING LLC
Plaintiff
v.
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14 -632 -CIVIL
Defendants
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individuals on the date indicated below.
SUMMER SHELLEY
A/K/A SUMMER MINNICH
296 FOX HOLLOW RD
SHERMANS DALE, PA 17090-8412
AUTUM B. SHELLEY
1102 MARKET ST UNIT 16
NEW CUMBERLAND, PA 17070-1675
SUMMER SHELLEY
A/K/A SUMMER MINNICH
AUTUM B. SHELLEY
15 WEST LOCUST STREET
MECHANICSBURG, PA 17055-6332
AUTUM B. SHELLEY
49 ALEXIA LN
NEWPORT, PA 17074-8376
805589
AUTUM B. SHELLEY
296 FOX HOLLOW ROAD
SHERMANS DALE, PA 17090
DATE:
13hii
By:
Phelan Hallinan, LLP
Justin F.: % . eski, E .quire
ATTO `of Y FOR ' LAINTIFF
805589
GREEN TREE SERVICING, LLC : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
SUMMER SHELLEY, A/K/A
SUMMER MINNICH, IN HER
CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF
DEBRA L. STUM A/K/A DEBRA L.
STAUFFER, AUTUM B. SHELLEY
IN HER CAPACITY AS DEVISEE OF
THE ESTATE OF DEBRA L. STUM
A/K/A DEBRA L. STAUFFER
: NO. 14-632 CIVIL
IN RE: PLAINTIFF'S MOTION FOR SERVICE
ORDER OF COURT
AND NOW, this 5th day of December, 2014, upon consideration of the
information received by this Court that Autum Shelly has been served,
IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion for Service
is. DENIED.
By the Court,
M. L. Ebert, Jr., J.
1ththan Lobb, Esquire
Attorney for Plaintiff
bas
►SES /7c.e
iajcpy
-{ c
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
GREEN TREE SERVICING LLC
Plaintiff
v.
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
Defendants
RULE
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14 -632 -CIVIL c--,
-ate
rnco
-c>
<a
y'C^1
Q
Ct."‘ NOW, this 1 day of tJ CL 2014, a Rule is entered upon the Defendants
to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Damages.
Defendants shall have twenty (20) days from the date of this Order to file a response to
•
Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BY THE COURT
usicv\
805589
6
,
-70
-41
'
Justin F. Kobeski, Esq., Id. No.200392
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
TEL: (215) 563-7000
FAX: (215) 563-3459
SUMMER SHELLEY
A/K/A SUMMER MINNICH
296 FOX HOLLOW RD
SHERMANS DALE, PA 17090-8412
AUTUM B. SHELLEY
1102 MARKET ST UNIT 16
NEW CUMBERLAND, PA 17070-1675
AUTUM B. SHELLEY
296 FOX HOLLOW ROAD
SHERMANS DALE, PA 17090
v
SUMMER SHELLEY
A/K/A SUMMER MINNICH
AUTUM B. SHELLEY
15 WEST LOCUST STREET
MECHANICSBURG, PA 17055-6332
AUTUM B. SHELLEY
49 ALEXIA LN
NEWPORT, PA 17074-8376
Civloi
od to ►`�
Ix/
805589
805589
1Pf
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392" i 8EC 18
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
GREEN TREE SERVICING LLC
Plaintiff
vs.
f,; to: 1t'TORNEY FOR PLAINTIFF
CenTY
PEW:SYLV HIA
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14 -632 -CIVIL
Defendants
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's December 9, 2014 Rule
directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should
not be granted was served upon the following individuals on the date indicated below.
SUMMER SHELLEY
A/K/A SUMMER MINNICH
296 FOX HOLLOW RD
SHERMANS DALE, PA 17090-8412
AUTUM B. SHELLEY
1102 MARKET ST UNIT 16
NEW CUMBERLAND, PA 17070-1675
SUMMER SHELLEY
A/K/A SUMMER MINNICH
AUTUM B. SHELLEY
15 WEST LOCUST STREET
MECHANICSBURG, PA 17055-6332
AUTUM B. SHELLEY
49 ALEXIA LN
NEWPORT, PA 17074-8376
AUTUM B. SHELLEY
296 FOX HOLLOW ROAD
SHERMANS DALE, PA 17090
805589
AUTUM B. SHELLEY
342 HERMAN AVE
LEMOYNE, PA 17043-1939
DATE:
By:
nan, LLP
Justin ' obeski, Esq., ' . No.200392
Atto for Plaintiff
805589
AFFIDAVIT OF SERVICE (FNMA)
PLAINTIFF CUMBERLAND COUNTY
GREEN TREE SERVICING LLC
PH # 805589
DEFENDANT SERVICE TEAM/ hilt
SUMMER SHELLEY A/K/A SUMMER MINNICH, in her capacity as COURT NO.: 14 -632 -CIVIL
Executrix and Devisee of the Estate of DEBRA L. STUM A/K/A
DEBRA L. STAUFFER
AUTUM B. SHELLEY, in her capacity as Devisee of the Estate of
DEBRA L STUM A/K/A DEBRA L. STAUFFER
SERVE AUTUM B. SHELLEY, in her capacity as Devisee of the
Estate of DEBRA L. STUM A/K/A DEBRA L. STAUFFER AT:
15 WEST LOCUST STREET
MECHANICSBURG, PA 17055-6332
**IF SERVICE IS UNSUCCESSFUL, PLEASE ASK ON THE
WHEREABOUTS FOR DEFENDANT**
TYPE OF ACTION
XX Notice of Sheriff's Sale
SALE DATE: March 4, 2015
Two (2) PTS
SERVED SERVED
Served and made known to AUTUM B. SHELLEY. in her capacity as Devisee of the Estate of DEBRA L. STUM
A/K/A DEBRA L STAUFFER, Defendant on the 3 *a day of Akc.f-tt48 2, 20 /4, at
3:SD,o'clock „ M., at 341 s nu 1/4vg, IzmoyAJE, Ljiciyi, t'4 n the manner described below:
L/ Defendant personally served.
Adult family member with whom Defendant(s) reside(s).
Relationship is
_ Adult in charge of Defendant's residence who refused to give name 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 20 Height 5'3" Weight 1 0 Race W Sex Other
Ronn Id moll 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. 5. 4, 1 S vt cq N7 .
(Nuts -p -r loris AtScuosg-il
DATE: 3 114A -1 -(*FEW) MJT' NAME:
ES
3 ¢ I nab n► A-vl= Process Server
I...5:A,tppue(PA-
PRINTED NAME: Ronald Moll
NOT SERVED
On the dayof 20 , at o'clock . M., 1, , a competent adult hereby
state that Defendant NOT FOUND because:
_ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant)
No Answer on at at
Service Refused
Other.
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
BY:
PRINTED NAME:
Phelan Hallinan, LLP
Michelle J. Stranen, Esq., Id. No.208793
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
michelle.stranen@phelanhallinan.com
215-563-7000
GREEN TREE SERVICING LLC
Plaintiff
vs.
SUMMER SHELLEY
A/K/A SUMMER MINNICH
AUTUM B. SHELLEY
Defendants
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14 -632 -CIVIL c
rn co
zrri
cn
r"
MOTION TO MAKE RULE ABSOLUTE
D 6 C?
GREEN TREE SERVICING LLC, by and through its attorney,hereby petitio s 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 December 4, 2014.
2. A Rule was issued by the Honorable M.L.EBERT, JR. on or about December 9,
2014 directing the Defendants to show cause by December 29, 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 December 17,
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. Defendants failed to respond or otherwise plead by the Rule Returnable date of
December 29, 2014.
805589
2
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiff's Motion to Reassess Damages.
DATE:
By:
Mielle J. Strann, Esq., Id. No.208793
Attorney for Plaintiff
Phelan Hallinan, LLP
3
805589
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
GREEN TREE SERVICING LLC
Plaintiff
v,
SUMMER SHELLEY A/KJA SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AND NOW, this
Defendants
C.Durt of Common Pleas
Civil Division
CUMBERLAND County
No.: 14 -632 -CIVIL
rr 1
As'•
•-•
- •
-75 f
1.7 • )
RULE
day of bec 2014, a Rule is entered upon the Defendants
to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Damages.
Defendants shall have twenty (20) days from the date of this Order to file a response to
Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BY THE COURT
/s/ . Ebert
J.
805589
Exhibit "B"
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeslci@phelanhallinan.com
215-563-7000
GREEN TREE SERVICING LLC
Plaintiff
vs.
•
SUMMER SHELLEY A/K/A SUMMER
MINNICH, IN HER CAPACITY AS EXECUTRIX
AND DEVISEE OF THE ESTATE OF DEBRA L.
STUM A/K/A DEBRA L. STAUFFER
AUTUM B. SHELLEY, IN HER CAPACITY AS
DEVISEE OF THE ESTATE OF DEBRA L.
STUM AJKJA DEBRA L. STAUFFER
Defendants
I.: ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14 -632 -CIVIL
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's December 9, 2014 ['nip'
directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should
not be granted was served upon the following individuals on the date indicated below.
SUMMER SHELLEY
A/K/A SUMMER MINNICH
296 FOX HOLLOW RD
SHERMANS DALE, PA 17090-8412
AUTUM B. SHELLEY
1102 MARKET ST UNIT 16
NEW CUMBERLAND, PA 17070-1675
SUMMER SHELLEY
A/KJA SUMMER MINNICH
AUTUM B. SHELLEY
15 WEST LOCUST STREET
MECHANICSBURG, PA 17055-6332
AUTUM B. SHELLEY
49 ALEXIA LN
NEWPORT, PA 17074-8376.
AUTUM B. SHELLEY
296 FOX HOLLOW ROAD
SHERMANS DALE, PA 17090
805589
AUTUM B. SHELLEY
342 HERMAN AVE
LEMOYNE, PA 17043-1939
DATE:
13y:
i, LLP
Justin a •beski, Esq., No.200392
Attu - , for• Plaintiff
805589
.Phelan Hallinan, LLP
Michelle J. Stranen, Esq., Id. No.208793
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
michelle.stranen@phelanhallinan.com
215-563-7000
GREEN TREE SERVICING LLC
Plaintiff
vs.
SUMMER SHELLEY
A/K/A SUMMER MINNICH
AUTUM B. SHELLEY
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14 -632 -CIVIL
Defendants
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute
was served upon the following individuals on the date indicated below.
SUMMER SHELLEY
A/K/A SUMMER MINNICH
296 FOX HOLLOW RD
SHERMANS DALE, PA 17090-8412
AUTUM B. SHELLEY
1102 MARKET ST UNIT 16
NEW CUMBERLAND, PA 17070-1675
AUTUM B. SHELLEY
342 HERMAN AVE
LEMOYNE, PA 17043-1939
DATE: l
2
SUMMER SHELLEY
A/K/A SUMMER MINNICH
AUTUM B. SHELLEY
15 WEST LOCUST STREET
MECHANICSBURG, PA 17055-6332
AUTUM B. SHELLEY
49 ALEXIA LN
NEWPORT, PA 17074-8376
AUTUM B. SHELLEY
296 FOX HOLLOW ROAD
SHERMANS DALE, PA 17090
Phe . Hallinan, L P
.s
�i
M chelle J. Str en, Esq., Id. No.208793
Attorney for Plaintiff
805589
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
michelle.stranen@phelanhallinan.com
215-563-7000
FAX#: 215-568-7616
Phelan Hallinan, LLP
December 31, 2014
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Representing Lenders in
Pennsylvania
RE: GREEN TREE SERVICING LLC
vs. SUMMER SHELLEY, A/K/A SUMMER MINNICH and AUTUM B.
SHELLEY
CUMBERLAND County CCP, No. 14 -632 -CIVIL
Dear Sir/Madam:
Enclosed please find a Motion to Make Rule Absolute, and Certification of Service with
regard to the above referenced action. Please file same with the Court and return the time -stamped
in the enclosed self-addressed envelope.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
ichelle J. Strdnen, Esq., Id. No.208793
Attorney for Plaintiff
Enclosure
cc: SUMMER SHELLEY
A/K/A SUMMER MINNICH
AUTUM B. SHELLEY
805589
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GREEN TREE SERVICING LLC
Plaintiff
vs.
SUMMER SHELLEY
A/K/A SUMMER MINNICH
AUTUM B. SHELLEY
Defendants
ORDER 5'
AND NOW, this
% day of 7 ¢ h , 204, upon consideration of Plaintiff's
Court of Common Pleas
Civil Division
c-3
CUMBERLAND Coin
rl
No.: 14 -632 -CIVIL u, "'-
z
:,7 C)
CJI
Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered
upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess
Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED
to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows:
Principal Balance
Interest Through December 2, 2014
Legal fees
Cost of Suit and Title
Property Inspections
Property Preservation
Appraisal/Brokers Price Opinion
Escrow Deficit
TOTAL
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.
$122,404.70
$17,014.71
$2,950.00
$1,175.86
$45.00
$2,325.40
$100.00
$8,819.45
$154,835.12
Co i'c t [irt
ni4yI2-siA.1
s
staIxti
c o!S
BY THE COURT:
805589
Ce`