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Home My WebLink About14-1798 1 For Prothonotary Use Only: p°rem e C urn.. of PennsyI van ia U� 0 ffi Plea s 1V 0 �Ct ; eat. j 1� U4 � r a n d Docket No. Co The igformation collected on this form is used solely for court administration purposes. This form does not supplement or replace lhefiling and service ofpleadings or other papers as required by late or rules of court. Commencement of Action: S ® Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: Village Capital & Investment LLC Lead Defendant's Name: Katina R. Adler T I Are there money damages requested? ❑ Yes ® No Dollar Amount Requested: ❑ within arbitration limits O (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff /Appellant's Attorney: McCabe, Weisberl? & Conway, P.C. ❑ Check here if you have no attorney (a Self - Represented (Pro Se] 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 ❑ Department of Transportation ❑ Premises Liability (does not include ❑ Statutory Appeal: Other S mass tort) E ❑ Slander/Libel/ Defamation ❑ Employment Dispute: ❑ Other: Discrimination C ❑ Employment Dispute: Other 11 Zoning Board T ❑ Other i I O ❑ Other N MASS TORT ❑ Asbestos ❑ Tobacco O Toxic Tort - DES ❑ Toxic Tort - Implant B ❑ Toxic Waste REAL PROPERTY MISCELLANEOUS ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Land Iord/I'enant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY g ❑ Mortgage e Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/12011 I . f I.r. 261 I 2 Ali I I : 2� C!TIDERD'�N@ COUNTY PENNSYLVt` NIA McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 215 790 -1010 Village Capital & Investment LLC Cumberland County , 10120 South Eastern Avenue #212 Court of Common Pleas Henderson, NV 89052 Number V. Katina R. Adler 121 Cavalry Road Carlisle, PA 17013 COMPLAINT IN MORTGAGE FORECLOSURE 9 QL3,7- . File # 78046 Page 1 c 1 NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages, you must take action within ex- puestas en ]as paginas siguientes, usted twenty (20) days after this complaint and tiene veinte (20) dias de plazo al partir de la notice are served, by entering -a written fecha de la demanda .y la notificacion: Hace appearance personally or by attorney and falta asentar una comparencia escrita o en filing in writing with the court your defenses persona o con un abogado y entregar a la corte or objections to the claims set forth against en forma escrita sus defensas o sus objeciones you. You are warned that if you fail to do so ` a las demandas en contra de su persona. Sea the case may proceed without you , and a , avisado que si usted no se defiende, la corte judgment may be entered against you by the; tomara medidas y puede continuar la demanda court without further notice for any ,money en contra suya sin previo aviso o notificacion. claimed in the complaint or for any tother Ademas, la corte puede decidir a favor del claim or relief requested by the plaintiff.. You demandante y requiere que usted cumpla con may lose money or property or other rights ,_ todas la's provisiones de esta demanda. Usted important to you. ' puede perdei dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS'PAPER TO YOUR LAWYER AT ONCE. IF YOU USTED LE DEBE TOMAR ESTE DO NOT HAVE A LAWYER, GO TO OR PAPEL A SU ABOGADO TELEPHONE THE OFFICE SET FORTH INMEDIATAMENTE. SI USTED NO BELOW. THIS OFFICE CAN PROVIDE TIENE , A UN ABOGADO, VA A O YOU WITH INFORMATION ABOUT TELEFONEA LA OFICINA EXPUSO HIRING A LAWYER. ABAJO. ESTA OFICINA LO PUEDE IF YOU CANNOT AFFORD TO PROPORCIONAR CON INFORMATION. HIRE A LAWYER, THIS OFFICE MAY BE ACERCA DE EMPLEAR A UN ABOGADO. ABLE TO PROVIDE YOU WITH SI USTED NO PUEDE INFORMATION ABOUT AGENCIES PROPORCIONAR PARA EMPLEAR UN THAT MAY OFFER LEGAL SERVICES TO ABOGADO, ESTA OFICINA PUEDE SER ELIGIBLE PERSONS AT A REDUCED FEE CAPAZ DE PROPORCIONARLO CON OR NO FEE. INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS Cumberland County Bar Association SERVICIOS LEGALES A PERSONAS 32 South Bedford Street ELEGIBLES EN UN HONORARIO Carlisle, PA 17013 REDUCIDO NI NINGUN HONORARIO. (800) 990 -9108 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990 -9108 File # 78046 Page 2 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is Village Capital & Investment LLC. 2. The Defendant is Katina R. Adler, and his/her last -known address is 121 Cavalry Road, Carlisle, PA 17013. 3. On August 31, 2012, , mortgagor, made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for American Neighborhood Mortgage Acceptance Company LLC which mortgage is recorded in the Office of the Recorder of Cumberland County as Instrument Number 201227505 (the "Mortgage "), such Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 4. On August 31, 2012, Defendant, Katina R. Adler, also executed a promissory note secured by the aforementioned mortgage. Plaintiff, directly or through an agent, is in possession of the note and is the holder of the note with the right to enforce it; the note is either made payable to plaintiff or has been duly endorsed. 5. On January 15, 2014, the Mortgage was assigned by Mortgage Electronic Registration Systems, Inc., as nominee for American Neighborhood Mortgage Acceptance Company LLC to Village Capital & Investment LLC, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County as Instrument Number 201402008, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 6. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due March 1, 2013 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. File 4 78046 Page 4 8. The following amounts are due on the mortgage: Principal Balance $ 130,539.04 Interest to April 1, 2014 $ 6,472.62 (Plus $462.33 per month thereafter) Late Charges $ 181.64 Attorney's Fee $ 1,650.00 Escrow Advance $ 3,211.73 Property Preservation $ 1,037.31 Property Inspection $ 140.00 GRAND TOTAL $ 143,232.34 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's sale. If the mortgage is reinstated prior to sale, reasonable and actually incurred attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 9. Plaintiff complied with all notice requirements as prescribed by 41 P.S. §101, et seq. (Act 6), and 35 P.S. 1680.401 c, et seq. (Act 91), as applicable. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $143,232.34, together with interest at the rate of $462.33 per month and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCAB� ISBERG & CONWAY, P.C. BY: T errence J. McCabe, Esquire [ ] Marc S. Weisberg, Esquire ] Edward D. Conway, Esquire [ ] Margaret Gairo, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Heidi R. Spivak, Esquire [ ] Marisa J. Cohen, Esquire [ ] Christine L. Graham, Esquire [ ] Brian T. LaManna, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph F. Riga, Esquire [ ] Joseph I. Foley, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Jennifer L. Wunder, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff File # 78046 Page 5 VERIFICATION Teresa Magana , hereby states that he /she is Vice President of Village Capital & Investment LLC, Plaintiff in this matter, that he /she is authorized to make this Verification, and verify that the statements of fact made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his /her knowledge, 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. Name. Teresa � Magan � a �� DATE: '3 qzo / l 1 1 Title: Vi President File #: 78046 Name: Village Capital & Investment LLC v. Katina R. Adler Q File # 78046 Page 6 Exhibit A Legal Description ALL that certain tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a stake on the Eastern side of Tichy Drive, at a line of land of Robert Noggle; thence along said Tichy Drive, North 0 degrees 45 minutes East, 148.10 feet to line of land of T. A. Tichy (PA Dutch Co.); thence by the latter land, North 88 degrees East 180.29 feet, to a point in the center of Mountain Creek; thence by said Mountain Creek South 8 degrees 17 minutes East, 156.75 feet, to a point in said creek; thence by land of Robert Noggle, North 89 degrees 15 minutes West, 205 feet to the place of BEGINNING. Less that portion which includes a cul -de -sac conveyed by Holly Investment Co. to the Borough of Mt. Holly Springs by deed dated April 6, 1973 and recorded April 2, 1973 in Deed Book "Elf, Vol 25, Page 635. Subject to the right -of -way or easement on, over, across, through adn in the property which Holly Investment Co. granted to the Borough of Mt. Holly Springs and The Mt. Holly Springs Borough Authority on June 15, 1973 and recorded in Misc. Book 204 Page 479. Being County Parcel Number 23- 32- 2336 -086. BEING the same premises which Ronny R. Anderson, Sheriff of the County of Cumberland by Indenture dated 09/27/2011, and recorded in the Office for the Recording of Deeds, in and for the County of Cumberland, aforesaid, in Deed Book and Page 201128275, granted and conveyed unto PNC Bank, National Association, in fee. FORM .1. Village Capital & Investment .LLC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. Katina R. Adler (� Civil f � Defendant NOTICE OF RESIDENTIAL MORTGAGE FORECLOSfE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court - supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a 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 an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectf bmitte Date [Signature of Counsel for Plaintiff) 78046 Page I FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOM Ell/1"111 MAI1Y Al"PLICANT 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 on household: How long? CO-13ORROWE 11 Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people on household: How long? FINANCIAL INFOIIMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payment Amount $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model Year: Amount owed: Value: Monthly Income Name of Employers: 1. 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 " Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Da /Child Care /Tuft. 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: ' r 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 2nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other prop. payment Install. Loan Payment Cable TV Child Support/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: This is a communication from a debt collector who is attempting to collect a debt, and any information obtained will be used for that purpose. :Please Note: (1) unless, within thirty (30) days after your receipt of this notice, you dispute the validity of the debt, or any portion of the debt, we will assume that the debt is valid; (2) if you notify us in writing within thirty (30) days of your receipt of this notice that the debt, or a portion of the debt, is disputed, we will cease collection of the debt until we obtain verification of the debt or a copy of the judgment against you and mail to you a copy of the verification or judgment that we obtain; (3) upon your written request to us within thirty (30) days of your receipt of this notice for the name and address of the original creditor of your debt, we will cease collection of the debt until we mail to you the name and address of the original creditor, if different from the current creditor. Case Name: Village Capital & Investment LLC v. Katina R. Adler Cumberland County File # 78046 Page 3 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 28/4 11/�� } Village Capital & Investment LLC vs. Katina R Adler Case Number SHERIFF'S RETURN OF SERVICE 04/04/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Katina R Adler, 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 310 Tichy Dhve, Mt. Holly Boro, Mt. Holly Springs, PA 17065. Property is abandoned. 84/07/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Katina R Adler, 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 121 Cavalry Road, North Middleton, Carlisle, PA 17013. Deputies advise that there is an 115 Cavalary Road and then a vacant plot that appears to have had a mobile home on it one point. SHERIFF COST: $51.56 SO ANSWERS, April 08, 2014 . RONNYR ANDERSON, SHERIFF McCABE, WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Village Capital & Investment LLC Plaintiff v. Katina R. Adler Defendant Cumberland County Court of Common Pleas Number 14 -1798 MOTION TO ALLOW SERVICE ON THE DEFENDANTS PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 1. Plaintiff attempted to personally serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Katina R. Adler, at his /her last -known address of 121 Cavalry Road, Carlisle, Pennsylvania 17013. The process server was not able to serve the Defendant because per the Sheriff, there is no such address, there is a 115 Calvary Rd., and then a vacant lot which was formerly the location of a mobile home . A true and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof as Exhibit "A ". 2. Plaintiff attempted to serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant's mortgaged property of 310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065. The process server was not able to serve the Defendant because this property is deemed abandoned /vacant. A true and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof, and marked as Exhibit `B ". 3. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has conducted a good faith investigation to determine the current whereabouts of Defendant and the attached Affidavit sets forth in detail the nature and extent of the investigation. See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "C ". 4. As a result of the investigation, a special Order of Court is required permitting service by regular and certified mail at the Defendant's last -known address and by posting a copy of the original process on the mortgaged premises. 5. No judge has ruled upon any other issue in this matter or in any related matter. 6. No attorney has entered an appearance in this matter on behalf of Defendant and, therefore, no concurrence of opposing counsel was sought with regard to the instant motion. 7. If service cannot be made on the Defendant, Katina R. Adler, the Plaintiff will be prej udiced. WHEREFORE, Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff s Sale, upon the Defendant, Katina R. Adler, by regular mail; certified mail, return receipt requested, and by posting at the last -known address of Defendant and the mortgaged premises known in this herein action as 310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065. McCABE, WEISBE BY: C < [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff ND CONWAY, P.C. 1 Marc S. Weisberg, Esquire [ 1 Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] JJ 1iifer L. Wunder, Esquire [ Carol A. DiPrinzio, Esquire McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790 -1010 Village Capital & Investment LLC Cumberland County Plaintiff Court of Common Pleas Attorneys for Plaintiff v. Number 14 -1798 Katina R. Adler Defendant MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. McCABE, WEISBERG,ANp CONWAY, P.C. BY: l [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ 1 Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff [ j4arc S. Weisberg, Esquire [ ] Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Josep I. Foley, Esquire [ ] J fifer L. Wunder, Esquire [ Carol A. DiPrinzio, Esquire McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - 1D # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790 -1010 Village Capital & Investment LLC Plaintiff v. Katina R. Adler Defendant Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 14 -1798 CERTIFICATION OF SERVICE The undersigned attorney for the Plaintiff hereby certifies that he /she served a true and correct copy of the foregoing Motion for Alternative Service, by United States Mail, first class, postage prepaid, on the 28th day of May, 2014, upon the following: Katina R. Adler 121 Cavalry Road Carlisle, Pennsylvania 17013 McCABE, WEISBER BY: ,(f(7-° [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ 1 Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff Katina R. Adler 310 Tichy Drive Mt. Holly Springs, Pa 17065 ND CC NWAY, P.C. arc S. Weisberg, Esquire Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire fifer L. Wunder, Esquire [ 1 Carol A. DiPrinzio, Esquire VERIFICATION The undersigned attorney hereby certifies that he /she is the attorney for the Plaintiff in the within action and that he /she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of this jurisdiction and not available to sign this verification at this time, are true and correct to the best of his /her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG l CONWAY, P.C. I BY: L'L [ ] Terrence J. McCabe, Esquire [ 01 arc S. Weisberg, Esquire [ ] Edward D. Conway, Esquire [ ] Margaret Gairo, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Heidi R. Spivak, Esquire [ ] Marisa J. Cohen, Esquire [ ] Christine L. Graham, Esquire [ ] Brian T. LaManna, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph F. Riga, Esquire [ ] Jose . Foley, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] nifer L. Wunder, Esquire [ ] Lena Kravets, Esquire [ Carol A. DiPrinzio, Esquire Attorneys for Plaintiff Village Capital & Investment LLC v.Katina R. Adler Cumberland County; CCP; Number 14 -1798 File Number: 78046 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 210 145 HUGUENOT STREET NEW ROCHELLE, NY 10801 (914)- 636 -8900 FAX (914) 636 -8901 SUITE 201 216 HADDON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858 -7020 SUITE 130 DELAWARE CORPORATE CENTER I ONE RIGHTER PARKWAY WILMINGTON, DE 19803 (302) 409 -3520 FAX 855- 425 -1980 Katina R. Adler 310 Tichy Road Mt. Holly Springs, Pennsylvania 17065 SUITE 1400 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215) 790-1010 FAX (215) 790 -1274 May 28, 2014 Re: Village Capital & Investment LLC v.Katina R. Adler Cumberland County CCP; Number 14 -1798 Dear Sir or Madam: SUITE 800 312 MARSHALL AVENUE LAUREL, MD 20707 (301) 490 -3361 FAX (301) 490-1568 Also servicing the District of Columbia SUITE 203 722 E. MARKET STREET LEESBURG, VA 20176 (571) 449 9350 FAX: (855) 845 -2585 SUITE 2S06 1 HUNTINGTON QUADRANGLE MELVILLE, NY 11747 (631) 812-4084 FAX (855) 845 -2584 Enclosed please find a copy of Plaintiff's Motion for Alternative Service relative to the above matter which is being sent to Court for filing today. Enclosure Very truly yours, Christina Hutton Legal Assistant for McCabe, Weisberg and Conway, P.C. This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. SUITE 210 145 HUGUENOT STREET NEW ROCHELLE, NY 10801 (914)- 636 -8900 FAX (914) 636 -8901 SUITE 201 216 HADDON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858 -7020 SUITE 130 DELAWARE CORPORATE CENTER I ONE RIGHTER PARKWAY WILMINGTON, DE 19803 (302) 409 -3520 FAX 855- 425 -1980 Katina R. Adler 121 Cavalry Road Carlisle, Pennsylvania 17013 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 1400 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215) 790-1010 FAX (215) 790 -1274 May 28, 2014 SUITE 800 312 MARSHALL AVENUE LAUREL, MD 20707 (301)490 -3361 FAX (301) 490 -1568 Also servicing the District of Columbia SUITE 203 722 E. MARKET STREET LEESBURG, VA 20176 (571) 449 9350 FAX: (855) 845 -2585 SUITE 2S06 1 HUNTINGTON QUADRANGLE MELVILLE, NY 11747 (631) 812-4084 FAX: (855) 845 -2584 Re: Village Capital & Investment LLC v.Katina R. Adler Cumberland County CCP; Number 14 -1798 Dear Sir or Madam: Enclosed please find a copy of Plaintiffs Motion for Alternative Service relative to the above matter which is being sent to Court for filing today. Enclosure Very truly yours, Christina Hutton Legal Assistant for McCabe, Weisberg and Conway, P.C. This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ca y, of C.11)(4, ,.,,.. Village Capital & Investment LLC vs. Katina R Adler Case 'Number 2014 -1798 SHERIFF'S RETURN OF SERVICE 04/04/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Katina R Adler, 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 310 Tichy Drive Mt. Holly Boro, Mt. Holly Springs, PA 17065. Property is abandoned. 04/07/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent searchi and inquiry for the within named Defendant to wit: Katina R Adler, 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 121 Cavalry Road, North Middleton, Carlisle, PA 17013. Deputies advise that there is an 115 Cavalary Road and then a vacant plot that appears to have had a mobile home on it one point. SHERIFF COST: $51.56 April 08, 2014 t::; Cow �iq u�io a^.ei,e, .. e;• -tsar f.... SO ANSWERS, Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ExhibitB Village Capital & Investment LLC vs. Katina R Adler Case Number 2014-1798 SHERIFFS RETURN OF SERVICE 04/04/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Katina R Adler, 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 310 Tichy Drive Mt. Holly Boro, Mt. Holly Springs, PA 17065. Property is abandoned. 04/07/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Katina R Adler, 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 121 Cavalry Road, North Middleton, Carlisle, PA 17013. Deputies advise that there is an 115 Cavalary Road and then a vacant plot that appears to have had a mobile home on it one point. SHERIFF COST: $51.56 April 08, 2014 •CounlYZ.,:o a^enH, "ei_csafi L.,. SO ANSWERS, RON R ANDERSON, SHERIFF ibi „::FirGrlicr) 1 1111 11 11111 111 11111113111 11 111 11 111 1 1111 File #:421- 0197PA Subject: Katina R. Adler Last -known Address: 121 Cavalry Road, Carlisle, PA 17013 STATE OF NEW YORK COUNTY OF SUFFOLK ss.: Susan Farbizio, the undersigned, being duly sworn, deposes and says that I am over the age of eighteen and not a party to this action. I reside in the STATE OF NEW YORK. I conducted a good faith investigation into the whereabouts of the Katina R. Adler at the last - known/property address indicated below and the extent of the investigation and the results are as follows: Date DueDiligence Remarks 05/22/2014 PROPERTY ADDRESS: 310 Tichy Drive Mount Holly Springs PA 17065 05/22/2014 LAST KNOWN ADDRESS: 121 Cavalry Road Carlisle, PA 17013 05/22/2014 INQUIRY OF LOCAL TELEPHONE COMPANY: Directory Assistance: Search was unable to locate a telephone listing for the subject, however provided the property address. 05/22/2014 INTERNET SEARCH: Search results show the subject resides at the above stated last -known address. Search results found the number of 717 - 258 -4673 associated with the subject. 05/22/2014 DEATH RECORDS: Social Security Death Index Search was unable to locate a death record for the subject. 05/22/2014 LOCAL TAX RECORD INQUIRY: Search was unable to confirm a mailing address for the above stated property address. I, Susan Farbizio, reviewed and signed this affidavit on 05/22/2014. The information set forth in this Affidavit of Good Faith Investigation is true and correct to the best of my knowledge, information and belief. o n o and subscribed be •re me on XriJ.d ,k {4An 20 Susan Farbizio Attorney Outsourcing Sup .t Services, Inc. Agency License #2004244 -DCA 1 Huntington Quadrangle, Suite 2SO4 Melville, NY 11747 (516) 284 -5850 Firm Ref #: 421- 0197PA Notary Public, esc, UNDA M. CANTWELL Wary Public, State of Nov Yob 01CA6255462 Qualified In Suffolk County Commission Expires, February 06, 2016 Free people search and contact details for Katina R Adler 1 WhitePages Page 1 of 1 WhitePages.com Adv Soe Kati Ad Hon is Wor Katina R Adler Address 310 Tichy Dr Mount Holly Springs, PA 17065-1616 People Katina may know Gary L Adler © 2014 White Pages Inc. - Privacy Policy and Terms of Use \Of Send them flowers I t-Soo-Flowers.com http://www.whitepages.corn/narne/Katina-R-Adler/Mount-Holly-Springs-PA/9wOrzr5 5/22/2014 Person Search Results Search Terms Used - SSN: 333-76-xxxx; All Full Name Age/DOB Address Dates Page 1 of 3 Records: 1 to 25 of 48 Result Page: 1 2 Phone Information 1 . KATINA R MCCABE Gender: Female 333-76-xxxx LexID: 1647921714 We Also LJ Pro Found: Reco 121 CAVALRY RD CARLISLE PA 17013-1604 oe Probable current address Jan 2006 • May 2014 717-258-4673 • EDT MCCABE KATINA El Motor 0 Professional J Email Vehicles Licenses Address KATINA RACHELLE ADLER Gender Female 333-76-xxxx LexID: 1647921714 KATINA R ADLER Gender: Female 333-76-xxxx LexID: 1647921714 121 CAVALRY RD 2005. 2013 717-258-4673 EDT CARLISLE PA 17013-1604 MCCABE KATINA 310 TICHY DR Aug 2013 - Apr 2014 MOUNT HOLLY SPRINGS PA 1 7065- 1616 KATINA MCCABEADLER 310 TICHY DR Oct 2012 - Nov 2012 Gender: Female MOUNT HOLLY SPRINGS PA 17065- 333-76-xxxx 1616 LexID: 1647921714 KATINA R MCCABE 310 TICHY DR Nov 2012 Gender: Female MOUNT HOLLY SPRINGS PA 17065- 333-76-xxxx 1616 LexID: 1647921714 KATINA MCCABEADLE Gender: Female 333-76•xxxx LexID: 1647921714 121 CAVALRY RD Jan 2006 - Aug 2012 717-258-4673 CARLISLE PA 17013-1604 MCCABE KATINA 7. KATINA R MC CABE Gender: Female 333-76-xxxx LexID: 1647921714 121 CAVALRY RD Mar 2011 717-258-4673 CARLISLE PA 17013-1604 MCCABE KATINA CATINA R MCCABE Gender: Female 333-76-xxxx LexID: 1647921714 littps://secure.accurint.com/app/bps/main 121 CAVALRY RD Mar 2011 717-258.4673 CARLISLE PA 17013-1604 MCCABE KATINA 5/22/2014 Page 2 of 3 5/22/2014 9. KATINA R MC CABE Gender: Female 333-76-xxxx LexID: 1647921714 0 BOX 368 HAWNEETOWN IL 62984-0368 Aug 2003 - Oct 2010 10. KATINA R MCCABE Gender: Female 333-76-xxxx LexID: 1647921714 PO BOX 368 SHAWNEETOWN IL 62984-0368 Jul 2002 - Jan 2010 11. KATINA R ADLER Gender: Female 333-76-xxxx LexID: 1647921714 123 ANY CARLISLE PA 17013 Sep 2008 12. KATINA R MCCABE Gender: Female LexID: 1647921714 123 ANY CARLISLE PA 17013 Sep 2008 13. KATINA MCCABEADL Gender: Female 333-76-xxxx LexID: 1647921714 123 ANY CARLISLE PA 17013 Sep 2008 14. 15. KATINA R ADLER Gender: Female 333-76-xxxx LexID: 1647921714 KATINA R ADLER Gender: Female 333-76-xxxx LexID: 1647921714 PO BOX 368 SHAWNEETOWN IL 62984-0368 2725 ST 2835 MORGANFIELD KY 42437 Jul 2002 - Jan 2008 Jul 2005 16. KATINA MCCABE Gender: Female LexID: 1647921714 2725 ST 2835 MORGANFIELD KY 42437 Jul 2005 17. KAMA MCCABEAD Gender: Female 333-76-xxxx LexID: 1647921714 2725 ST 2835 MORGANFIELD KY 42437 Jul 2005 18. KATINA R MCCABE Gender: Female LexID: 1647921714 2725 STATE ROUTE 2835 MORGANFIELD KY 42437-6600 Sep 2003 5/22/2014 Page 3 of 3 19 . KATINA R MCCABE Gender: Female 333-76-xxxx LexID: 1647921714 965 PEBBLE CRK APT D HENDERSON KY 42420.8731 Jan 2001 • Aug 2002 20. KATINA R ADLER Gender: Female 333-76-xxxx LexID: 1647921714 965 D PEBBLE CREEK D HENDERSON KY 42420 Dec 2001 21. KATINA MCCABE Gender: Female 333.76 -xxxx LexID: 1647921714 965 D PEBBLE CREEK D HENDERSON KY 42420 Dec 2001 22. KATINA MCCABEADLER Gender: Female 333 -76 -xxxx LexID: 1647921714 965 D PEBBLE CREEK D HENDERSON KY 42420 Dec 2001 23. KATINA R ADLER Gender: Female 333.76•xxxx LexID: 1647921714 2808 BROWNS DR APT 2 HENDERSON KY 42420-2152 Oct 2001 24. KATINA R MCCABE Gender: Female 333.76-xxxx LexID: 1647921714 2808 BROWNS DR APT 2 HENDERSON KY 42420 -2152 Oct 2001 25. KATINA MCCABEADLER Gender: Female 333.76•xxxx LexID: 1647921714 2808 BROWNS DR APT 2 HENDERSON KY 42420.2152 Oct 2001 Your DPPA Permissible Use Use in the Normal Course of Business Your GLBA Permissible Use: Authorized by Consumer https: / /secure.accurint.com /app /bps /main Records: 1 to 25 of 48 Result Page: 1 2 r 5/22/2014 Social Security Death Index (SSDI) Records - Social Security Death Index SSDI Records ... 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Page 2 of 2 Date Information Born Between Year Died Between Year Last Known Residence and year 1 i and year i 1 . . City 1 County OR ZIP Code I State I Any • OR Non-U.S. Location Social Security Number Details State SSN Issued Any Social Security Number 1333- 5SDI Search Tios Begin Search Stay connected. Follow us! in the news 1 contact us 1 affiliates 1 privacy policy 1 terms of use site map 1 bloc; http://www.genealogybank.com/gbnIdssdi/?Iname=dtfnarne=84minit=&birthy_0=8thirthy_... 5/22/2014 • M Village Capital & Investment LLC Plaintiff v. Katina R. Adler Defendant Cumberland County Court of Common Pleas Number 14-1798 ORDER AND NOW, this 3=1 day of (7.4.4, 4.. , 2014, the Plaintiff is granted leave to serve process in this mortgage foreclosure action upon the Defendant, Katina R. Adler, by regular mail and by certified mail, return receipt requested, to his/her last -known address of 121 Cavalry Road, Carlisle, Pennsylvania 17013, and by posting the mortgaged premises of 310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065. "My McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Village Capital & Investment LLC Plaintiff v. Katina R. Adler Defendant Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 14-1798 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above -captioned matter. McCABE, W-// l AND CO AY, P.C. BY: [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esquire Attorneys for Plaintiff )n,f94 j2i4 367i)o [ 'Marc S. Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esquire [ ] Carol A. DiPrinzio, Esquire SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff � � ct Cir it r Jody S Smith ice` Chief Deputy itEi 20 Richard W StewartI`�i 5 � r1 � ICO � Solicitor �, r _, T&-,E ' ' h'NYZ',`A+ li``� Village Capital & Investment LLC Case Number vs. 2014-1798 Katina R Adler SHERIFF'S RETURN OF SERVICE 06/11/2014 03:42 PM - Deputy Amanda Ebersole, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Katina R Adler, pursuant to Order of Court by"Posting"the premises located at 310 Tichy Drive, Mt. Holly Boro, Mt. Holly Springs, PA 17065 with a true and correct copy according to law. 411 Ofda3 Y010-1 AMANDA EBERSOLE, DEPUTY SHERIFF COST: $41.91 SO ANSWERS, June 12, 2014 RONO R ANDERSON, SHERIFF ,Sc, 1... EJ-err 4` �. F,n�T ,,, 2l1/!JUS C�ryBE 2 7 10: 41 PENNS y� � OUB; -r McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE = ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 31.3673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Village Capital & Investment LLC Plaintiff v. Katina R. Adler Defendant Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 14-1798 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF PHILADELPHIA The undersigned attorney being duly sworn according to law, deposes and says that the following is true and correct to the best of his/her knowledge and belief: 1. That he/she is counsel for the above-named Plaintiff; 2. That on June 17, 2014, per the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Katina R. Adler by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to his/her last -known address of 121 Cavalry Road, Carlisle, Pennsylvania 17013. A true and correct copy of the letter and certified receipt, is attached hereto, made a part hereof, and marked as Exhibit "A". 3. That on June 11, 2014, per the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Katina R. Adler, by posting the same at the mortgaged premises of 310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065. A true and correct copy of the Sheriff's Returns of Service indicating same is attached hereto, made a part hereof, and marked as Exhibit "B". SWORN AND SUBSCRIBED BEFORE ME THIS 24 DAY COMMONWeAt.11-11 OF PEVNSYLV,ATATA NOTARIAL SEAL framberly Lynn McCloskey, Notary Public City of Ph4adelphia, Phila. County My Commission ExPires September 7.2016 McC N WAY, P.C. BY: [ ] Ten ce J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esquire Attorneys for Plaintiff ] Marc S. Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. • [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [...1 Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esquire [ Carol A. DiPrinzio, Esquire Village Capital & Investment LLC Plaintiff Katina R. Adler Defendant v. Orbr -Vo(, Cumberland County Court of Common Pleas Number 14-1798 ORDER AND NOW, this .344 of 12.1...)€_. , 2014, the Plaintiff is granted leave to serve process in this mortgage foreclosure action upon the Defendant, Katina R. Adler, by regular mail and by certified mail, return receipt requested, to his/her last -known address of 121 Cavalry Road, Carlisle, Pennsylvania 17013, and by posting the mortgaged premises of 310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065. BY THE COURT: CT.) ;IC SUITE 210 145 HUGUENOT STREET NEW ROCHELLE, NY 10801 (914)-636-8900 FAX (914) 636-8901 SUITE 201 216 HADDON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 130 DELAWARE CORPORATE CENTER 1 ONE RIGHTER PARKWAY WILMINGTON, DE 19803 (302) 409-3520 FAX 855-425-1980 Katina R. Adler 121 Cavalry Road Carlisle, Pennsylvania 17013. LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 1400 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215) 790-1010 FAX (215) 790-1274 June 17, 2014 Exhibit A Re: Village Capital & Investment LLC v. Katina R. Adler Cumberland County; CCP; Number 14-1798 Dear Katina R. Adler: SUITE 800 312 MARSHALL AVENUE LAUREL, MD 20707 (301) 490-3361 FAX (301) 490-1568 Also servicing the District of Columbia SUITE 203 722 E. MARKET STREET LEESBURG, VA 20176 (571) 449 9350 FAX: (855) 845-2585 SUITE 2S06 I HUNTINGTON QUADRANGLE MELVILLE, NY 11747 (631) 812-4084 FAX: (855) 845-2584 Enclosed please find a true and correct copy of Complaint in Mortgage Foreclosure, along with a copy of the signed Order dated June 3, 2014, the original of which has been filed against you in regard to the above - captioned matter. Very truly yours, Christina Hutton Legal Assistant for McCabe, Weisberg and Conway, P.C. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7014 0510 0000 3981 3606 RETURN RECEIPT REQUESTED This is a communication from a debt collector, This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. 7014 0510 0000 3981 3606 U.S. Postal Service., CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fee f $ 7.4-ro JUN Postmak i Aytit Sent To 2 - Street, Apt. No.; or PO Box No. City, State, ZIP+ ad/ /� 170 PS Form 3800, August 2006 See Reverse for Instructions Ronny R Anderson Sheriff Jody S Smith Chief Deputy eScciti(- Isoe SHERIFF'S OFFICE OF CUMBERLAND COUNTY -01o Richard W Stewart Solicitor OFFICE OF I'VE $44.ERIFF. Village Capital & Investment LLC vs. Katina R Adler Case Number 2014-1798 SHERIFF'S RETURN OF SERVICE 06/11/2014 03:42 PM - Deputy Amanda Ebersole, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Katina R Adler, pursuant to Order of Court by "Posting" the premises located at 310 Tichy Drive, Mt. Holly Boro, Mt. Holly Springs, PA 17065 with a true and correct copy according to law. ,Anard (ARASA-19—, AMANDA EBERSOLE, DEPUTY SHERIFF COST: $41.91 SO ANSWERS, June 12, 2014 Rb2R ANDERSON, SHERIFF G 4.5 !,4 ' ' ',•- :s; '74 , (c) CountySuite Sheriff, Teleosoft Inc. ' McCABE, WEISBERG AND CONWAY, P.C. 13Y: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Village Capital & Investment LLC Plaintiff Katina R. Adler v. Defendant E Attorneys for Plaintiff UTHCNUT API 101 CUMBERLAND COUNT r`t CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-1798 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant, Katina R. Adler, in the above - captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure, and assess damages as follows: Amount Due Interest from 04/02/14 to 07/23/14 Total Date: 7/2 367 $ 143,232.34 $ 1,386.99 $ 144,619.33 McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Terrence J. Cabe, Esq. [ ] Edward D. C away, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff ] Marc S. Weisberg, Esq. [i] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. GO(V4 51`1-0 •� -� [ ] Jennifer L. Wunder, Esq. Ck tai iLiy [ ] Carol A. DiPrinzio, Esq. l 3oa NoNIA AND NOW, this 31 day of �1q Lf , 2014, Judgment is entered in favor of Plaintiff, Village Capital & Investment LLC, and against Defendant, Katina R. Adler, in rem only and not in personam, and dama .es are assessed in the amount of $144,619.33, plus interest and costs. BY THE PROT • • McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Village Capital & Investment LLC Plaintiff v. Katina R. Adler Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-1798 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. The undersigned, being duly sworn according to law, deposes and says that the Defendant, Katina R. Adler, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, 50 U.S.C. App. §501, et seq.; and that the Defendant, Katina R. Adler, is over eighteen (18) years of age, and resides as follows: Katina R. Adler, Katina R. Adler 121 Cavalry Road 310 Tichy Drive Carlisle, PA 17013 Mount Holly Springs, Pennsylvania 17065 SWORN AND SUBSC B l�, Date: 7/23/p BEFO'.. ME TH DAY McCABE OF 2014 iu tlLii , 14. NOTARY PUBf f Or FE 4T SYLVAT'fIA NOTARIAL SEAL. INIIIARCL MOYER.1<'OtaPMla County X118 r BY: WEISBERG BERG & CONWAY, P.C. [ ] Terrenc J. McCabe, Esq. [ ] Edward . Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff [ ] Marc S. Weisberg, Esq. []'Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. Department of Defense Manpower Data Center Status Report Pursuant to Servicemembers Civil Relief Act Last Name: ADLER First Name: KATINA Middle Name: Active Duty Status As Of: Jul -23-2014 Results as of : Jul -23-2014 08:30:42 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA 4, - _ - No NA This response 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 J , NA ,. --- _ _ _- _. No:' ' NA This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA . NA ," . , . No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOM Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: NBE5D4ECUO9DP40 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH 1. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 31.6421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Village Capital & Investment LLC Plaintiff Katina R. Adler v. Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 14-1798 AFFIDAVIT OF LAST -KNOWN MAILING ADDRESS OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: The undersigned attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby deposes and says that the last -known mailing address of the Defendant is: Katina R. Adler 121 Cavalry Road Carlisle, Pennsylvania 17013 SWORN AND SUBSCRIBED ME TI 441 DAY BEFO . _. if/i. OTARY PU1( , 2014 IT u OR PEN 5 _LVI gip NOTARIAL SEAL BARIMRA .1 ER PuhGc 2018 SS. Katina R. Adler 310 Tichy Drive Mount Holly Springs, Pennsylvania 17065 Date: 1/Z - 5k McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Terrence J. cCabe, Esq. [ ] Edward D. onway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff [ ] Marc S. Weisberg, Esq. [�] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Village Capital & Investment LLC Plaintiff Katina R. Adler v. Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-1798 CERTIFICATION The undersigned hereby certifies that he/she is the attorney for Plaintiff, being duly sworn according to law, deposes and says that a letter was deposited in the United States Mail notifying the Defendant that judgment would be entered against him/her/them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED BEFO' ME THI DAY OF /yr�,2014 Date: 7/23/1V McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Te ence J cCa. e, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff [ ] Marc S. Weisberg, Esq. -1-1 Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Terrence J1f McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff Village Capital & Investment LLC v. Katina R. Adler Cumberland County; Number: 14-1798 [ ] Marc S. Weisberg, Esq. frrMargaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary July 9, 2014 To: Katina R. Adler 121 Cavalry Road Carlisle, Pennsylvania 17013 Village Capital & Investment vs. Katina R. Adler LC Cumberland County Court of Common Pleas Number 14-1798 NOTICE PURSUANT TO RULE 237.5 NOTICE OF INTENTION TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU W ITN INFORMATION ABOUT AGENCIES THAT M A Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE -OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECIIOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI LISTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013. (800) 990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY:{, [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ J Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff E>cti,c0 ' Weisberg, Esquire Margaret Gairo, Esquire Heidi R. Spivak, Esquire Christine L. Graham, Esquire Ann E. Swartz, Esquire Joseph I. Foley, Esquire Jennifer L. Wunder, Esquire Carol A. DiPrinzio, Esquire 78046 Curt Long Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 July 9, 2014 To: Katina R. Adler 310 Tichy Drive Mount Holly Springs, Pennsylvania 17065 Village Capital & Investment LLC vs. Katina R. Adler Cumberland County Court of Common Pleas Number 14-1798 NOTICE PURSUANT TO RULE 237.5 NOTICE OF INTENTION TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. You SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 McCABE, BY: [ ] Terrence J, McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO I IABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 FOR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMUI.ADOS EN CONTRA SU YO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR. A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARI.O CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGIJN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ELSBERG AND CONWAY, P.C. re S. Weisberg, Esquire [ Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [I Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Jennifer L. Wunder, Esquire [ ] Carol A. DiPrinzio, Esquire 78046 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Katina R. Adler 121 Cavalry Road Carlisle, Pennsylvania 17013 Village Capital & Investment LLC Katina R. Adler Plaintiff v. Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 14-1798 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT h been e ered in the above proceedi as indicated below. ki Proth to 'a r.��ica±e rx` X-7131)1(1Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Katina R. Adler 310 Tichy Drive Mount Holly Springs, Pennsylvania 17065 Village Capital & Investment LLC Katina R. Adler Plaintiff v. Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 14-1798 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has be,,en entered in the above proceeding as indicated below. X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FILE NO.: 14-1798 Civil Term Village Capital & Investment LLC v. AMOUNT DUE: $144,619.33 Katina R. Adler INTEREST: from 07/24/14 $3,161.41 at $23.77 ATTY'S COMM.: COSTS: t -70. -F- (11 c1.1 q i t TO THE PROTHONOTARY OF SAID COURT: 37 �? The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate ot'the defendant(s) described in the attached exhibit. DATE: ./NA McCABE, WEISBE & 0 NWAY, P.C. BY: [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff ask sba8.scycl a ] arc S. Weisberg, Esq. ] Margaret Gairo, Esq. ] Heidi R. Spivak, Esq. ] Christine L. Graham, Esq. ] Ann E. Swartz, Esq. ] Joseph I. Foley, Esq. ] Jenm . Wunder, Esq. aro] A. DiPrinzio, Esq. Address:I23 S. Broad Street, Suite 1400 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. /o3. 7S' aaL92aa- 1I. 7S1 y iLA— te- (571a -flay br LEGAL DESCRIPTION Premises: 310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065. ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a stake on the Eastern side of Tichy Drive, at a line of land of Robert Noggle; thence along said Tichy Drive, North 00 degrees 45 minutes East, 148.10 feet to line of land T.A. Tichy (PA Dutch Co.); thence by the latter land, North 88 degrees East 180.29 feet to a point in the center of Mountain Creek; thence by said Mountain Creek, South 08 degrees 17 minutes East, 156.75 feet to a point in said creek; thence by land of Robert Noggle, North 89 degrees 15 minutes West, 205 feet to the place of BEGINNING. CONTAINING .675 acre, more or less, and being described according to survey thereof by "I nomas A. Neff, dated August 2, 1969. LESS that portion which includes a cul-de-sac conveyed by Holly Investment Co to the Borough of Mt. Holly Springs by Deed dated April 6, 1973, ad recorded April 2, 1973 in Deed Book "E", Volume 25, Page 635. SUBJECT to the right-of-way or easement on, over, across, through and in the property which I lolly Investment Co granted to the Borough of Mt. Holly Springs and the Mt. Holly Springs Borough Authority on June 15, 1973, and recorded in Misc Book 204, Page 479. HAVING THEREON ERECTED a dwelling house known as 310 Tichy Drive, Mount Holly Springs, PA 17065. BEING the same premises which PNC Bank, National Association by deed dated April 20, 2012 and recorded September 10, 2012 in Instrument Number 201227504, granted and conveyed unto Katina R. Adler. TAX MAP PARCEL NUMBER: 23-32-2336-086 McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Village Capital & Investment LLC Katina R. Adler Plaintiff v. Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PL1:AS NO: 14-1798 AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owners or Reputed Owners Name Address Katina R. Adler Katina R. Adler 2. Name and address of Defendant in the judgment: 121 Cavalry Road Carlisle, Pennsylvania 17013 310 Tichy Drive Mount Holly Springs, Pennsylvania 17065 Name Katina R. Adler Katina R. Adler Address 121 Cavalry Road Carlisle, Pennsylvania 17013 310 Tichy Drive Mount Holly Springs, Pennsylvania 17065 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 Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address NONE 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name NONE Address 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 Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Address 310 Tichy Drive Mount Holly Springs, Pennsylvania 17065 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8th Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 a` Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue PA Department of Revenue Bureau of Compliance Lien Section Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County Tax Claim Bureau Commonwealth of PA Department of Revenue United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States 8. Name and address of Attorney of record: Name NONE Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 PO BOX 280948 Harrisburg PA 17128-0948 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Carlise, PA 17013 Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriff's Sales c/o United States Attorney for the Middle District of PA Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 51 1 1 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address 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. Section 4904 relating to unsworn falsification to authorities. //1//l/ DATE McCAB. , WEISBERG BY: [ ] Terrence J. McCabe, sq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff AY, P.C. Village Capital & Investment LLC v. Katina R. Adler Cumberland County; Number: 14-1798 r� ] Marc/. Weisberg, Esq. ] Margaret Gairo, Esq. ] Heidi R. Spivak, Esq. ] Christine 1,. Graham, Esq. ] Ann E. Swartz., Esq. ] Joseph I. Foley, Esq. ] Je Wunder, Esq. arol A. DiPrinzio, Esq. 1 McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH 1. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 2a;i4u PE CIVIL ACTION LAW Village Capital & Investment LLC v. Katina R. Adler Katina R. Adler 121 Cavalry Road Carlisle, Pennsylvania 17013 rIviMu`t ncys for Plaintiff 26 /I 1/. Cog y COURT OF COMMON PLIAS CUMBERLAND COUNTY Number 14-1798 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Katina R. Adler 310 Tichy Drive Mount Holly Springs, Pennsylvania 17065 Your house (real estate) at 310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065 is scheduled to be sold at Sheriffs Sale on December 3, 2014 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $144,619.33 obtained by Village Capital & Investment LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1 The sale will be canceled if you pay to Village Capital & Investment LLC the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. if the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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 on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 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 a 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 real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) arc fled with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 1)0 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 13E ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LiCENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION 11. Premises: 310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065. ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a stake on the Eastern side of Tichy Drive, at a line of land of Robert Noggle; thence along said Tichy Drive, North 00 degrees 45 minutes East, 148.10 feet to line of land T.A. Tichy (PA Dutch Co.); thence by the latter land, North 88 degrees East 180.29 feet to a point in the center of Mountain Creek; thence by said Mountain Creek, South 08 degrees 17 minutes East, 156.75 feet to a point in said creek; thence by land 01 Robert Noggle, North 89 degrees 15 minutes West, 205 feet to the place of BEGINNING. CONTAINING .675 acre, more or less, and being described according to survey thereof by "Phomas A. Neff, dated August 2, 1969. LESS that portion which includes a cul-de-sac conveyed by Holly Investment Co to the Borough of Mt. Holly Springs by Deed dated April 6, 1973, ad recorded April 2, 1973 in Deed Book "E", Volume 25. Page 635. SUBJECT to the right-of-way or easement on, over, across, through and in the property which Ho Investment Co granted to the Borough of Mt. Holly Springs and the Mt. Holly Springs Borough Authority on June 15, 1973, and recorded in Misc Book 204, Page 479. HAVING THEREON ERECTED a dwelling house known as 310 Tichy Drive, Mount Holly Springs, PA 17065. BEING the same premises which PNC Bank, National Association by deed dated April 20, 2012 and recorded September 10, 2012 in Instrument Number 201227504, granted and conveyed unto Katina R. Adler. TAX MAP PARCEL NUMBER: 23-32-2336-086 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 VILLAGE CAPITAL & INVESTMENT LLC Vs. KATRINA R. ADLER WRIT OF EXECUTION NO 14-1798 Civil Term CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $144,619.33 L.L.: $.50 Interest FROM 7/24/2014 - $3,161.41 AT $23.77 Atty's Comm: Due Prothy: $2.25 Atty Paid: $253.97 Other Costs: Plaintiff Paid: Date: 8/26/14 (Seal) C7fa,#-C-1-C-zr— David D. Buell, Prothonot . Deputy REQUESTING PARTY: Name: CAROL A. DIPRINZIO, ESQUIRE Address: MCCABE, WEISBERG & CONWAY, P.C. 123 S. BROAD STREET, SUITE 1400 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 316094 McCABE, WEISBERG & CONWAY, P.C. BY: Brian T. LaManna, Esquire Attorney Identification Number 310321 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 Telephone: (215) 790-1010 Email: blamanna@mwc-law.com Attorneys for Plaintiff Village Capital & Investment LLC, Plaintiff, v. Katina R. Adler, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-1798 c PLAINTIFF'S MOTION TO REASSESS DAMAGES NOW COMES the Plaintiff, Village Capital & Investment LLC (hereinafter "Plaintiff") by and through its attorneys, McCabe Weisberg & Conway, P.C., and hereby files this Motion to Reassess Damages, to direct the Prothonotary to amend the judgment in this matter, and order the Sheriff to amend the Writ nunc pro tunc, and in support thereof, Plaintiff avers the following: 1. Plaintiff is the current holder of the Note and Allonge specifically indorsed to Plaintiff, which is attached hereto as Exhibit A, and the current assignee of the Mortgage at issue pursuant to the assignment attached hereto as Exhibit B. 2. Plaintiff commenced this foreclosure action by filing a Complaint in mortgage foreclosure on or about March 27, 2014 (hereinafter "the Complaint"). A true and correct copy of the Complaint without exhibits is attached hereto as Exhibit C. 1 3. When no Answer or Response to the Complaint was filed, Judgment by default was entered on or about July 31, 2014, in the amount of $144,619.33. A true and correct copy of the Praecipe for Judgment is attached hereto as Exhibit D. 4. The judgment has not been satisfied. 5. A Sheriff's sale of the property known as and located at 310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065 (hereinafter "the Property"), is currently scheduled for December 3, 2014. 6. Pursuant to Pa.R.C.P. 1147(6), a complaint in mortgage foreclosure must set forth a demand for judgment for the amount due. 7. The judgment amount Plaintiff specified in the Complaint in compliance with Pa.R.C.P. 1147(6), is currently insufficient to satisfy the actual amounts due pursuant to the Mortgage and Note. 8. According to the terms and conditions of the Mortgage and Pennsylvania Law, Plaintiff is able to recoup costs, fees and other expenses stemming from the default of Defendant Katina R. Adler (hereinafter "Defendant") and the resulting foreclosure action. A true and correct copy of the Mortgage is attached hereto as Exhibit E. 9. Specifically, Plaintiff is entitled to recover funds paid on Defendant's behalf for escrow advances and corporate advances, which may include inter alia, property inspections, appraisal costs and property preservation fees. Please see attached Exhibit A and Exhibit E, respectively. 10. The Note and Mortgage further provide that Plaintiff is entitled to additional interest incurred after judgment, at the rate entered on the Note. Please see attached Exhibit A and Exhibit E, respectively. 2 11. Pursuant to the terms and conditions of the Mortgage and Pennsylvania Law, Plaintiff is entitled to recoup the attorney fees and costs incurred in pursuing a judicial remedy upon default. Please see attached Exhibit E. 12. Since filing the Default Judgment, Plaintiff has expended or incurred additional sums on behalf of Defendant and after appropriate reassessment, the correct amount of damages should be reflected as follows: Principal Balance $ 130,539.04 Interest through 10/1/2014 $ 9,246.60 (per month $462.33) Pro Rata MIP/PMI $ 228.40 Escrow Advance $ 11,031.87 Attorney Fees $ 1,935.00 Attorney Costs $ 2,905.49 Late Charges $ 408.69 Appraisals $ 935.80 Property Inspections $ 400.00 Property Preservation $ 8,521.56 REASSESSED TOTAL $ 166,152.45 13. Plaintiff's foreclosure judgment is strictly in rem, to effectuate a Sheriff's sale of the Property and does not impute any personal liability to Defendant. WHEREFORE, Plaintiff respectfully requests that this Court order that the judgment be amended as set forth above, order the Sheriff to amend the Writ nunc pro tunc as set forth above and for any other such relief as the Court deems necessary. Date Respectfully submitted dirill"Fiallav cManna, Esquire Mc , e, Weisberg & Conway, P.C. rneys for Plaintiff 3 EXHIBIT "A" MuMetata AUGUST 31, 2012 [Data] NOTE LOAN •#e 4600014044 FHA Caw No. 446-1106123-703 Miss 1005765-ame014044-9 MOUNT LAUREL, [City] 310 Tieby Drive, Mount golly Springs, Pa 17065 (Property address) REV JERSEY (State] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means AMERICAN REIm1BORHOOD MORTGAGE ACCEPTANCE COMPART 12.C, A LIIIITID LIABILITY COMPANY. and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return far a loan received from gender, Borrower promises to pay the principal sum of one RUNDE= THIRTY ONE THOUSAND POUR HUNDRED FIFTY ONE AAD NO/100 Dollen (U.S. $151,451.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the ban proceeds by Lender, at the rate of POux AND acts-POURTU percent ( 4.2501 ) per year until the lull amount of principal has bean paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that Is dated the same date as this Note and called the 'Security instrument" The Security instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) lime Borrower shall make a payment of principal and Interest to tender on the IST day of each month beginning on OCTOBER 1, 2012. Any principal and Interest remaining on the 18T day of SEPTEMBER, 2042 will be due on that date, which is called the "Maturity Date." (8) Place Payment shall be made at 700 E. GM DR. STs 400 MT. LAUREL, NJ 08054 or at such place as Lender may designate In writing by notice to Borrower. (C) Amount Each monthly payment of principal and Interest wUl be In the amount of U.S. 4646.66. This amount will be past of a larger nwnthly payment required by the Security Instrument, that shall be applied to principal, Interest and other Items in the order described In the Security Instrument. (D) Allongo to this Note for payment edJu invents If an *along* providing for payment adjustments Is executed by Borrower together with thls Note, the covenants of the afonge shall be incorporated into and shall amend and supplement the covenants of this Note as lithe alongewere a part of this Note. (Check applicable box] =Graduated Payment ADonge ©Growing Equity Alonge OOther [specify( 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first dayotrrnymonth. Landershail accept prapaymenton other days providedihatborrow ar pays Interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary: if Borrower makes apartial prepayment, there will be no changes In the due date or In the amount ofthe monthly payment unless Lender agrees in writing to those changes! 8. BORROWER'S FAIWAE TO PAY (A) tate Charge for Overdue Payments It Lender has notrscaived thetul monthly payment required by the Security instrument, as described in Paragraph 4(C) of this Note, by the end of 15 calendar days after the payment Is due, Lender may collect a lata charge In the amount of FOUR percent ( 4.0004 ) of the overdue amount oteach payment (B Default If;Borrawer defaults by Ming to pay in full any monthly payment, then lander may, except as !united by regulanons of the Secretary in the case of payment defaults, require immediate payment in full ofthe principal balance remaining due and all accrued interest Lander may choose not to exercise this option without waiving Its rights In the event of any subsequent default In many circumstances regulations issued by the Secretary will kmit Lender's rights to require knrnedtde payment in full In the case of payment defaufa. ;ids • Note does not suthortre gyration when not permitted by HUD r eguladons. As used In this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. FHA UAAtlsgM FIY,d no Nog -1 Wee Y nitl.ala 1 Online booms/a& Inc. Page 1 of 2 P T sea (C) Payment of Costs and Expenses LOAN It 4600014044 If Lander has required Immediate payment in full, as described above, Lender may require Borrower to.pay costs and expenses Including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and coats shall bear Interest from the date of disbursement at the same rate as the pri :teal of this Note, 7. WAIVERS Borrower and any other parson who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to -demand payment of amounts due. `Notfoe of dishonor' means the right to require Lender to give notice td other persons that amounts due have not been pall 8. GIVING OF NOTICES Unless applicable taw requires a different mettrod, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing ft by first class mail to Borrower at the property address above or at a different address If Borrower has given Lander a notice of Borrower's different address. Any notice that must be given to under under this Note win be given by first class matt to Lender WIN address stated In Paragraph 4(8) or at a different address 11 Borrower le given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person Is fully and personalty obligated to keep au of the promises made In this Note, Including the promise to pay thefull amount owed. Any person who is *guarantor, auretyorandorsar Obits Note Is also obligated to do these things. Any person who takes overtness obligations, including theobligations of a guarantor, surety or endorser of this Note, Is also obligated to keep an of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Anyone porton signing this Note may be required to pay an of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the !terms and covenants contta�inerd in this Note. to i--Cf1, 811 (Ss&1) got a R or 1919 ii$Ilbtsts Foot rots Nob -10/96 Onloolikaurno99, tna Page 2 of 2 P0700NOT 0804 ADLER Loan #: 4600014044 MIN: 100975500000140449 ALLONGE TO NOTE ALLONGE TO NOTE DATED AUGUST 31, 2012, IN THE AMOUNT OF $131,451.00. IN FAVOR. OF AMERICAN NEIGHBORHOOD MORTGAGE ACCEPTANCE COMPANY, LLC AND EXECUTED BY KATINA R ADLER PROPERTY ADDRESS: 310 TICHY DRIVE, MOUNT HOLLY SPRINGS, PA 17065 PAY TO THE ORDER OF VILLAGE CAPITAL &INVESTMENT, LLC WITHOUT RECOURSE BY: AMERICAN NEIGHBORHOOD MORTGAGE ACCEPTANCE COMPANY, LLC 700 EAST GATE DRIVE SUITE 400 MOUNT LAUREL, NJ 09054 NAME: JOSE A. PANEBIANCO, CFA TITLE: PRESIDENT/CEO EXHIBIT "B" 78046 McCabe Weisberg & Conway, P.C. Suite 1400 123 South Broad Street Philadelphia, PA 19109 Record and Return To: McCabe Weisberg & Conway, P.C. Suite 1400 123 South Broad Street Philadelphia, PA 19109 Attn: Justin Smith TrQEUTIVISO PROYXRTY lUEN'1'£L L(;AT lUN NUMFSElf6 23-32-2336-086 - MT HOLLY SPRING CCGIS REGISTRY 01/27/2014 BY TB 1110 Assignment of Mortgage MIN # 1009765-0000014044-9 MERS Phone #:1-888-679-6377 For value received, the undersigned holder of a mortgage, Mortgage Electronic Registration Systems, Inc. As nominee for American Neighborhood Mortgage Acceptance Company LLC., A Limited Liability Company, its successors and assigns, whose address is P.O. Box 2026., Flint, Michigan 48501- 2026, grants, sells, assigns, transfers and conveys without warranties and without recourse, unto Village Capital & Investment LLC, whose address is 10120 S. Eastern Ave #212, Henderson NV 89052, said mortgage having been executed by Katina R Adler with a secure payment of $131,451.00, recorded in Instrument Number 201227505 of the Recorder of Deeds for Cumberland County, Commonwealth of Pennsylvania dated August 31, 2012, and recorded on September 10, 2012, and all rights accrued or to accrue under said Mortgage, Property is located in Cumberland County, Commonwealth of Pennsylvania, and has the address of310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065, along with the following legal description: SEE ATTACHED LEGAL DESCRIPTION Parcel No. 23-32-2336086 78046 Page2 Assignee certifies that the precise address of Village Capital & Investment LLC, is 10120 S. Eastern Ave .#2J.2, ilenderson NV 89052 Attested by: Name/Position: TO HAVE AND TO HOLD, Assignee, its successors and assigns, subject only to the terms and conditions of the above-described Mortgage, IN WITNESS WHEREOF, the undersigned Assignor has executed this Assignment of Mortgage on Mortgage Electronic Registration Systems, Inc. As nominee for American Neighborhood Mortgage Acceptance Company LLC., A Limited Liability Company, its st►ceasors and assigns Signature: Name: IN„ Title: Date: 1-1S —1`44 FORM OF CORPORATE ACKNOWLEDGMENT State of \J•raw ) ) SS: County of On this day of , 20 v , before me the undersigned officer, personally appeared t44 4 N who acknowledged himself or herself to be the . Sstsr+,wt Sex." e.N-4.01N of Mortgage Electronic Registration Systems, Inc. As nominee for American Neighborhood Mortgage Acceptance Company LLC., A Limited Liability Company, its successors and assigns and that he or she as such ti,t 2LN9 , being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself or herself as In witness whereof, I here unto set my hand and official seal. NOTARY PUBLIC WAYNE BURTON NOTARY PUBLIC -STATE OF UTAH :AMMISSt0N# 810433 COMM. EXP. 06-10-2015 SCHEDULE A DESCRIPTION OF MORTGAGED PREMISES Title No. 201348029 ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH Or MOUNT HOLLY SPRINGS, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE ON THE EASTERN SIDE OF TICHY DRIVE, AT A LINE OF LAND OF ROBERT NOGGLE;, THENCE ALONG SAID TICHY DRIVE, NORTH pc) DEGREES 45 MINUTES EAST, 148.19. FEET TO LINE or LAND T. A. TICHY (PA DUTCH CO.); THENCE BY THE LATTER LAND, NORTH 88 DEGREES EAST 180.29 FEET TO A POINT IN THE CENTER OF MOUNTAIN CREEK; THENCE BY SAID MOUNTAIN CREEK, SOUTH 08 DEGREES 17 MINUTES EAST, 156.75 FEET TO A POINT IN SAID CREEK; THENCE BY LAND OF ROBERT }rooms, Nowt 89 DEGREES 15 zspruTs WEST, 205 FEET TO THE PLACE OF BEGINNING. CONTAINING .675 ACRE, MORE OR LESS, AND BEING DESCRIBED ACCORDING TO A SURVEY THEREOF BY T4c:)mAs•A. NEFF., DATED AUGUST 2, 1969. LESS THAT PORTION WHICH, INCLUDES A CUL-DE- SAC CONVEYED BY HOLLY INVESTIVIENT CO TO THE BOROUGH OF MT. HOLLY SPRINGS BY DEED DATED APRIL 6, 1973, AND RECORDED APRIL 2, 1973 IN DEED BOOK "E", VOLUME 25, PAGE 635. SUBJECT TO THE RIGHT- OF-WAY ORV EASEMENT ON OVER, ACROSS, THOROUGH AND IN THE PROPERTY WHICH HOLLY INVESTMENT CO GRANTED TO THE. BOROUGH OF MT. HOLLY SPRINGS AND:THE M. HOLLY SPRINGS BOROUGH AUTHORITY ON JUNE 15, 1973,, AND RECORDED IN MISC 3400H 204, PAGE 479, HAVING THEREON ERECTED A DWELLING HOIISE 'KNOWN AS 310 TICHY DRIVE, MOUNT HOLLY SPRINGS, PA 17065. 1115t. tt Zli.1.44ULUVO eage al; tt. TAMMY SHEARER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201402008 Recorded On 1/27/2014 At 3:33:22 PM *Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 155386 User ID - KW *Mortgagor - ADLER, KATINA R *Mortgagee - VILLAGE CAPITAL & INVESTMENT LLC *Customer - SIMPLIFILE LC E -RECORDING *FEES * Total Pages - 4 STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES — RECORDER OF DEEDS PARCEL CERTIFICATION FEES COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $23.50 $11.50 $15.00 $2.00 $3.00 $55.50 rCertification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County A k. RECORDER OF DEEDS * - Information denoted by an asterisk !nay change during the verification process and may not be reflected on this page. EXHIBIT "C" FORM 1 Village Capital & Investment LLC Plaintiff VS. Katina R. Adler Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA /t//79N. NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court -supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a 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 an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Date Res ul.ly-submitted: r; [Signature of Counsel for Plaintiff] � > C) C) 78046 Page 1 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Yes 0 No 0 Listing date: State: Borrower Occupied? Yes 0 No 0 Mailing Address (if different): City: Phone Numbers: Home: Cell: Email: # of people on household: Price $ Realtor Phone: Zip: State: Office: Other: Zip: How long? CO -BORROWER Mailing Address (if different): City: State: Phone Numbers: Home: Office: Cell: Other: Email: # of people on household: Zip: How long? -FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Total Mortgage Payment Amount $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes D No 0 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: Monthly Income Name of Employers: 1. 2. Value: 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 2nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fueUrepairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes 0 No 0 If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $_ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Amount owed: Value: Year: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model Year: Amount owed: Value: Monthly Income Name of Employers: 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 2nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No 0 If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Village Capital & Investment LLC 10120 South Eastern Avenue #212 Henderson, NV 89052 v. Katina R. Adler 121 Cavalry Road Carlisle, PA 17013 f Si.3 COUNT 1 f'LHNSY!_.a`ANIA Attorneys for Plaintiff Cumberland County Court of Common Pleas Number COMPLAINT IN MORTGAGE FORECLOSURE File # 78046 Page 1 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 File # 78046 Page 2 This is a communication from a debt collector who is attempting to collect a debt, and any information obtained will be used for that purpose. Please Note: (1) unless, within thirty (30) days after your receipt of this notice, you dispute the validity of the debt, or any portion of the debt, we will assume that the debt is valid; (2) if you notify us in writing within thirty (30) days of your receipt of this notice that the debt, or a portion of the debt, is disputed, we will cease collection of the debt until we obtain verification of the debt or a copy of the judgment against you and mail to you a copy of the verification or judgment that we obtain; (3) upon your written request to us within thirty (30) days of your receipt of this notice for the name and address of the original creditor of your debt, we will cease collection of the debt until we mail to you the name and address of the original creditor, if different from the current creditor. Case Name: Village Capital & Investment LLC v. Katina R. Adler Cumberland County File # 78046 Page 3 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is Village Capital & Investment LLC. 2. The Defendant is Katina R. Adler, and his/her last -known address is 121 Cavalry Road, Carlisle, PA 17013. 3. On August 31, 2012, mortgagor, made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for American Neighborhood Mortgage Acceptance Company LLC which mortgage is recorded in the Office of the Recorder of Cumberland County as Instrument Number 201227505 (the "Mortgage"), such Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 4. On August 31, 2012, Defendant, Katina R. Adler, also executed a promissory note secured by the aforementioned mortgage. Plaintiff, directly or through an agent, is in possession of the note and is the holder of the note with the right to enforce it; the note is either made payable to plaintiff or has been duly endorsed. 5. On January 15, 2014, the Mortgage was assigned by Mortgage Electronic Registration Systems, Inc., as nominee for American Neighborhood Mortgage Acceptance Company LLC to Village Capital & Investment LLC, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County as Instrument Number 201402008, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 6. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due March 1, 2013 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. File # 78046 Page 4 8. The following amounts are due on the mortgage: Principal Balance Interest to April 1, 2014 (Plus $462.33 per month thereafter) Late Charges Attorney's Fee Escrow Advance Property Preservation Property Inspection $ 130,539.04 $ 6,472.62 $ 181.64 $ 1,650.00 $ 3,211.73 $ 1,037.31 $ 140.00 GRAND TOTAL $ 143,232.34 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs sale. If the mortgage is reinstated prior to sale, reasonable and actually incurred attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 9. Plaintiff complied with all notice requirements as prescribed by 41 P.S. §101, et seq. (Act 6), and 35 P.S. 1680.401c, et seq. (Act 91), as applicable. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $143,232.34, together with interest at the rate of $462.33 per month and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG & CONWAY, P.C. BY: errence J. McCabe, Esquire [] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. I.,aManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff [ ] Marc S. Weisberg, Esquire [ ] Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Jennifer L. Wunder, Esquire File # 78046 Page 5 VERIFICATION Teresa Magana , hereby states that he/she is Vice President of Village Capital & Investment LLC, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements of fact made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 3/ /47 File #: 78046 Name: Teresa Magana Title: Vice President Name: Village Capital & Investment LLC v. Katina R. Adler File 8 78046 Page 6 EXHIBIT "D" McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215)790-1010 Village Capital & Investment LLC Plaintiff Katina R. Adler v. Defendant Attorneys for Plaintiff r'CNC i,w�...f 201! JUL 3 I IMO; 34 CUMBER[ -A ND CCUN PENNS YLVA? IA CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-1798 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant, Katina R. Adler, in the above - captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure, and assess damages as follows: Amount Due $ 143,232.34 Interest from 0.4/02/14. to. 07/23/14._ $„ ,,.1,386.99 Total $ 144,619.33 Date: 77z /ri McCABE, WEISBERG & CONWAY, P.C. [ ] Terrence J. Cabe, Esq. [ ] Marc S. Weisberg, Esq. [ ] Edward D. C nway, Esq. [. --j Margaret Gairo, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff AND NOW, this 3( day of [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. , 2014, Judgment is entered in favor of Plaintiff, Village Capital & Investment LLC, and against Defendant, Kihina R. Adler, in rem only and not in personam, and damages are assessed in the amount of $144,619.33, plus interest and costs. EXHIBIT "E" 'Martha Meredith AMERICAN NEIGHBORHOOD MORTGAGE ACCEPTANCE 700 EAST GATE DRIVE STE 400 MOUNT LAUREL, NJ 08054 After Recording Return To: AMERICAN NEIGHBORHOOD MORTGAGE ACCEPTANCE COMPANY LLC. ATTE: FINAL DOCUMEET DEPARTMENT 700 E. GATE DR. STE 400 MT. LAUREL, NJ 08054 APN #: 23-32-2336086 APN #8 Title Order n0.4 CEN154-355 ' LOAN #1 4600014044 [Spice Above This Line For Recording Mai Commonwealth of Pennsylvania MORTGAGE FHA Case No. 446-1106123-703 MIN: 1009765-0000014044-9 THIS MORTGAGE ("Security Instrument") Is given on AUGUST 31, 2012. The Mortgagor is KATINA R ADLER, MARRIED WOMAN ("Borrower"). "MERS" is Mortgage Electronic Registration Systems, Inc. MERS Is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security instrument MERS is organized and existing under the laws of Delaware, and has a mailing address of P.O. Box 2026, Flint, MI 48501-2026, and a street address of 1901 E. Voorhees Street, Suite C, Danville, IL 61834. The MERS telephone number is (888) 679-MERS. AMERICAN NEIGHBORHOOD MORTGAGE ACCEPTANCE COMPANY LLC., A LIMITED LIABILITY COMPANY ("Lender") is organized and existing under the laws of DELAWARE, and has an addressof 700 E. GATE DR. STE 400, NT. LAUREL, NJ 08054. - Borrower owes Lender the principai sum of ******ONE HUNDRED THIRTY ONE THOUSAND FOUR HUNDRED FIFTY ONE AND No/100***************** DoMsc(1.).S. $131,451.00 ). FHA Pennsylvania Mortgage - 4/88 Online Documents, Inc. Page 1 of 9 Initials: PAEFHADE PAEFHALD 1011 IRAN h 4600014044 This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on SEPTEMBER 1, 2042. This Security Instrument secures to Lender (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of ad other sums, with Interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the fouowing described property located in Cumberland • County, Pennsylvania: SEE ATTACHED LEGAL DESCRIPTION APE #: 23-32-2336086 which has the address of 310 Tichy Drive, Mount Holly Springs Pennsylvania 17065 ("Property Address"); [Zip Code] Meet ctrl TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument AO of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the Interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the titieto the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. FHA Pennsylvania Mortgage - 4/95 Online Documents, Inc. Page 2 of 9 Initials: PAEFHALD 1011 2.MonthlyPaymentLOAN # r 4600014044 of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year In which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (d) a monthly charge instead of a mortgage Insurance premium If this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called 'Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1874, 12 U.S.C., Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available In the account may not be based on amounts dueforthe mortgage insurance premium. tfthe amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, ' Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all Installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower, Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: WI to the mortgage insurance premium to be pald by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Secondto any taxes, special assessments, leasehold payments or ground rents, and lire, flood and other hazard insurance premiums, as required; Third, to Interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall Insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also Insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall Include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lander immediate notice by mail. Lender may make proof of loss if not made promptty by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the FHA Pennsylvania Mortgage - 4196 Online Documents, Inc. Initialer Page 3 Of 9 PAEFHAlD 1011 LOAN li: 4600014044 damaged Propeny. My application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, orchangethe amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exlst which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property Is vacant or abandoned or the loan is In default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations conceming Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking ofany part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security instrument Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, fast to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to In paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights In the Property. Borrower shall pay all govemmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly fumish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or FHA Pennsylvania Mortgage - 4196 Online Documents, Inc. Initials: Page 4 of 9 PEFHALD fo11 LOAN Il t 460001404st (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property Is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt (a) Default Lender may, except as limited by regulations issued by the Secretary, In the case of payment defaults, require Immediate payment in full of all sums secured by this Security Instrument it () Borrower defaults by falling to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (11) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument (b) Salo Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j -3(d)) and with the prior approval of the Secretary, require Immediate payment In full of all sums secured by this Security instrument if: (i) ' AP or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require Immediate payment In full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment Intuit of all sums secured by this Security instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such Ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's tenure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shal remain in effect as if Lender had not required Immediate payment in full. However, Lender is not required to permit reinstatement 11: (1) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (i) reinstatement will preclude foreclosure on different grounds in the future, or (1,) reinstatement will adversely affect the priority of the hien created by this Security Instrument 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extenslon of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by FHA Pennsylvania Mortgage -4/96 Initialst O( Online Documents, Inc. Page 5 of 9 PAEFHALD 1011 LOAN #: 460001.4044 Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor In interest or refuse to extend time for payment or otherwise modify amortization ofthe sums secured bythis Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in Interest. Anyforbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Uabllity; Co -Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. .13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in thls Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law ofthe jurisdiction in which the Property's located. In the eventthat any provision or clause of this Security instrument or the Note oonfllcts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy ofthe Note and of this Security Instrument. 18. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or Is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property Is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances. defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rants. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents.. Initials: s�1/.- FHA Ponnsyrvanra Mortgage - 4/96 Online Documents, Inc. Page 6 of 9 1' PAEFHALD 1o41 LOAN Iks 4600014044 However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive ail rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrowershall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Securitylnstrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenantof the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument Is paid in ful. 18. Foreclosure Procedure. If Lender requires Immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by Judicial proceeding. Lender shall be entftied to collect all expenses incurred in pursuing the remedies provided In this paragraph 18, including, but not limited to, attorneys' fees and costs of title evidence. If the Lender's Internet in this Security instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may Invoke the nonjudiclat power of sale provided In the Single Family Mortgage Foreclosure Act of 1994 ("Acyl (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided In the Act Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument 22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 23. Interest Rate After Judgment Borrower agrees that the interest rate payable aftera judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 24. Riders to this Security instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as If the rider(s) were a part of this Security Instrument [Check applicable box(es)] O Condominium Rider O Growing Equity Rider O Planned Unit Development Rider I—IGraduatedPayment Rider COOlher(s) [specify] RiA Ponnsylvania Mortgage. 4/96 Ona' a Documen6s, Ina Page 7 of 9 Initials: PAEFHALD 1011 LOAN #s 4600014044 BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: FHA Pennsylvania Mortgage -4/98 Online Documents, Inc. adea,1 Retina R Adler (Seal) Page 8 of 9 PAEFHALD 1011 LOAN #t 4600014044 Certificate of Residence 1, Atip -f do hereby cert that the correct address of the within -named Mortgagee Is 700 E. GATE DR. STE 400, MT. LAUREL, NJ 08054 Witness my hand this day of L3tL4 c la- L4114-12— Agent of Mortgages Commonwealth of P8NNS�CLVANIjt County of C r,"r� (k, On this, the 3/ day of , before me, -FW Qii4 iL , the undersigned officer, personally appeared Katina R Adler' to me (or satisfactorily proven) to be the person(4) whose name'°') ?,l are subscribed to the within instrument and acknowledged that he ; ' /they executed the same for the purposes therein contained. in witness whereof 1 hereunto set my hand and official seal. My commission expires: commoN emmt.OF PENN !1 Y, Notarial Seal Abby f. Wendel, Notary Public WestNempaald Twp., Lancaster County i{y Commission Expires Sept. 16, 7.012 FHA Pennsylvania Mortgage - 4lsil8 Online Documents, Inc. Page 9 of 9 Title of O f`tcer Initials; PAFFtiALD 1011 File No. CEN154-355 Legal Description ALL that certain tract °flail(' situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a stake on the Eastern side of Tichy Drive, at a line of land of Robert Noggle; thence along said Tichy Drive, North 0 degrees 45 minutes East, 148.10 feet to line of land of T. A. Tichy (PA Dutch Co.); thence by the latter land, North 88 degrees East 180.29 feet, to a point • in the center of Mountain Creek; thence by said Mountain Creek South 8 degrees 17 minutes East, 156.75 feet, to a point in said creek; thence by land of Robert Noggle, North 89 degrees 15 minutes West, 205 feet to the place of BEGINNING. Less that portion which includes a cul-de-sac conveyed by Holly Investment Co. to the Borough of Mt. Holly Springs by deed dated April 6, 1973 and recorded April 2, 1973 in Deed Book "E" , Vol 25, Page 635. Subject to the right-of-way or easement on, over, across, through adn in the property which Holly Investment Co. granted to the Borough of Mt Holly Springs and The Mt. Holly Springs Borough Authority on June 15, 1973 and recorded in Misc. Book 204 Page 479. Being County Parcel Number 23-32-2336-086. BEING the same premises which Ronny R. Anderson, Sheriff of the County of Cumberland by Indenture dated 09/27/2011, and recorded in the Office for the Recording of Deeds, in and for the County of Cumberland, aforesaid, in Deed Book and Page 201128275, granted and conveyed unto PNC Bank, National Association, in fee. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201227505 Recorded On 9/10/2012 At 10:40:47 AM *Instrument Type - MORTGAGE Invoice Number -116872 User ID SW * Mortgagor - ADLER, KATRINA R * Mortgagee - AMERICAN NEIGHBORHOOD * Customer - TA OF CENTRAL PA LLC *FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS PARCEL CERTIFICATION FEES AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $23.50 $23.50 $10.00 $11.50 $2.00 $3.00 $74.00 *Total Pages -11 MTG ACCEPTANCE CO LLC Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER Off' DDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 111 111111111NINIY119 McCABE, WEISBERG & CONWAY, P.C. BY: Brian T. LaManna, Esquire Attorney Identification Number 310321 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 Telephone: (215) 790-1010 Email: blamanna@mwc-law.com Attorneys for Plaintiff Village Capital & Investment LLC, Plaintiff, v. Katina R. Adler, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-1798 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. Issue Before The Court Plaintiff Village Capital & Investment LLC (hereinafter "Plaintiff'), files the instant Motion to Reassess Damages to respectfully request this Honorable Court amend the foreclosure judgment to accurately reflect the additional accrual of interest and the additional expenditure Plaintiff has made or incurred to preserve its security interest in a mortgaged property leading up to the Sheriff's sale. 1 II. Question Presented Question: Is Plaintiff permitted to amend its judgment to adequately reflect and include additional amounts incurred and due Plaintiff since the original entry of Default Judgment? Answer: Yes. III. Factual Background Defendant Katina R. Adler (hereinafter "Defendant"), is the owner of property known as and located at 310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065 (hereinafter "the Property"). Defendant executed a note (hereinafter "the Note") and mortgage (hereinafter "the Mortgage") in favor of Plaintiff s predecessor in interest, by which Defendant agreed to pay principal, interest, late charges, real estate taxes, homeowners insurance and other necessary costs as they became due. Please see attached Exhibit A and Exhibit E, respectively. The Note was secured by the Mortgage lien on the Property. Please see attached Exhibit E. The Mortgage was assigned to Plaintiff pursuant to the assignment attached hereto as Exhibit B. The terms of the Mortgage provide that in the event of default, Plaintiff may advance necessary funds to protect its security interest in the Property, including but not limited to, payment of taxes and hazard insurance on the Property. Please see attached Exhibit E. On or about March 27, 2014, Plaintiff initiated the instant mortgage foreclosure action by filing a Complaint in Mortgage Foreclosure (hereinafter "the Complaint"), due to Defendant's failure to make the monthly payments as required by the Mortgage and the Note and on July 31, 2014, Default Judgment was entered by the Court against Defendant in the amount of $144,619.33. Please see attached Exhibits C-D. The Property is currently scheduled for a Sheriffs sale on December 3, 2014. 2 Since the filing of the Complaint and the subsequent Default Judgment, damages as previously assessed have become inaccurate and ineffectively reflect the actual amount currently due Plaintiff. As such, the judgment should be amended to reflect the additional interest, escrow advance, corporate advance and other expenses, which Plaintiff has been forced to incur and pay on Defendant's behalf or which have been otherwise assessed to protect Plaintiff's security interest in the Property. IV. Argument A. Standard of Review A mortgagee is required to petition the court and provide notice and an opportunity to be heard to mortgagors if mortgagee wants to increase the amount of a judgment before it is satisfied. Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (Pa. Super. 1991); Morgan Guar. Trust Co. v. Mowl, 705 A.2d 923, 926 (Pa. Super. Ct. 1998) (mortgagee should petition the court for an amendment to the judgment prior to payment). If a mortgagee knows the amount of the judgment is incorrect and believes it necessary to reassess the amount of the damages, it should petition the court to amend the judgment prior to its satisfaction. Id.; Emc Mortg. Llc v. Biddle, 2013 Phila. Ct. Com. PI. LEXIS 452, at *7 (Pa. C.P. 2013) ("[T]he right to seek amendment of damages prior to satisfaction of judgment has been repeatedly affirmed by the Superior Court"). This Honorable Court should grant Plaintiffs Motion to Reassess Damages in the case at bar because Pennsylvania law specifically provides for the amendment of judgments in mortgage foreclosure actions and because the relief sought will not prejudice Defendant as the judgment is strictly in rem. 3 B. Pennsylvania law specifically provides for the amendment of judgments in mortgage foreclosure actions Under Pennsylvania law, the Court may exercise its equitable powers to enforce judgment and grant any relief necessary until such judgment is satisfied. See Stephenson v. Butts, 187 Pa. Super. 55, 59, 142 A.2d 319, 321 (Pa. Super. 1958) (court may exercise power to control enforcement of judgment and may grant relief until judgment is discharged or satisfied); Chase Home Mortgage Corp. of the Southeast v. Good, 370 Pa. Super. 570, 537 A.2d 22 (Pa. Super. 1988) (damages may be reassessed in a mortgage foreclosure action before the satisfaction of judgment); PNC Bank, N.A. v. Unknown Heirs, 2007 PA Super 212, 227 n.3 (Pa. Super. Ct. 2007); 20 P.L.E. Judgments § 191. The right to seek the amendment of damages prior to satisfaction of judgment has repeatedly been affirmed by the Superior Court of Pennsylvania. See Nationsbanc Mortg. Corp. v. Grillo, 2003 PA Super 221 827 A.2d 489, 493 (Pa. Super. Ct. 2003) appeal denied, 577 Pa. 673 (Pa. 2004) (a mortgagee is entitled to petition the court to amend the writ of execution to include additional interest and costs prior to satisfaction of the judgment); see also Morgan Guar. Trust Co. of New York v. Mowl, 705 A.2d 923, 929 (Pa. Super. 1998), appeal denied, 556 Pa. 693, 727 A.2d 1121 (Pa. 1998); Union National Bank of Pittsburgh v. Ciongoli, 595 A.2d at 182. As Pennsylvania law has long recognized, a creditor must protect the collateral for its loan, up until the date of the Sheriffs sale because a mortgage is not extinguished until the debt is paid. Beckman v. Altoona Trust Co., 332 Pa. 545, 550, 2 A.2d 826, 828 (1939) ("The lien of a mortgage continues until the mortgage debt is paid"); Chase Home Mortg. Corp. of Southeast v. Good, 370 Pa. Super. at 574. 4 The Supreme Court of Pennsylvania has stated that the debt owed pursuant to a mortgage is subject to change and should affirmatively be expected to change, because a creditor must advance monies for various expenses in order to protect its security interest in the property. Landau v. Western Pennsylvania National Bank, 445 Pa. 217, 226, 282 A.2d 335, 340 (Pa. 1971) ("The debt owed on the mortgage changed and can be expected to change from day to day"). It is particularly important to permit creditors to amend their judgments to reflect newly accrued fees and costs because of the in rem nature of aforeclosure judgment. Meco Realty Company v. Burns, 414 Pa. 495, 200 A.2d 869 (1964). An accurate judgment amount is absolutely crucial because plaintiff only recovers the amount of its judgment if a mortgaged property is sold to a third-party at a Sheriff's sale. In the instant case, the original judgment amount no longer adequately reflects the total amount due Plaintiff under the Mortgage. Interest on the debt has continued to accrue as a result of Defendant's ongoing failure to tender payments. The terms of the Mortgage are unequivocally clear in stating that Defendant was and is required to tender payments of principal and interest due on the outstanding debt and the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. The debt has not been satisfied and through its proposed amended judgment figure, Plaintiff is simply asking the Court to enforce the terms of the Note and Mortgage. The terms of the Mortgage also entitle Plaintiff to recoup the amounts it disbursed for taxes, insurance premiums and other necessary costs in order to protect its security interest in the Property. See Beckman v. Altoona Trust Co., 2 A.2d at 828; Chase Home Mortg. Corp. of Southeast v. Good, 370 Pa. Super. at 574. The terms of the Note and Mortgage are unequivocal and 5 plainly state Defendant was and is required to tender payments to cover amounts due for taxes and insurance. Through Plaintiff's proposed amended judgment, Plaintiff is simply asking the Court to enforce the terms of the Note and Mortgage under Pennsylvania law. C. The relief sought will not prejudice Defendant because the foreclosure judgment is in rem In Pennsylvania, the sole purpose of retaining a judgment in foreclosure is to take the mortgaged property to Sheriff's sale to satisfy the judgment, interest and costs. Atl. Nat'l Trust L.L.C. v. Fonthill Corp., 2011 Pa. Dist. & Cnty. Dec. LEXIS 560 at *16-17 (Pa. County Ct. 2011) (citing Meco Realty Co. v. Burns, 414 Pa. 495, 200 A.2d 869, 871 (1964)). Case law on this issue is exceedingly clear, holding that "[a]n action in mortgage foreclosure is an in rem proceeding, the purpose of which is to secure a judicial sale of the mortgaged property. Union National Bank of Little Rock v. Cobbs, 567 A.2d 719 (Pa. Super. 1989) (citing Fleet Real Estate Funding Corp. v. Smith, 366 Pa. Super. Ct. 116, 530 A.2d 919 (1987)); New York Guardian Mortgage Corp. v. Dietzel, 362 Pa. Super. 426, 429, 524 A.2d 951, 953 (1987) ("[a] judgment in a mortgage foreclosure action is not a judgment for money damages ..."); U.S. Bank Nat'l Ass 'n v. Lischuk, 2010 Pa. Dist. & Cnty. Dec. LEXIS 340 at *12 (Pa. County Ct. 2010). Pennsylvania Rules of Civil Procedure 1141-1150 govern actions for mortgage foreclosure and Pa.R.C.P. 1141(a) specifically provides that an action to foreclose a mortgage upon any estate or interest in land "shall not include an action to enforce a personal liability." (emphasis added). See also Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993) (It is well-established that an action in mortgage foreclosure is strictly in rem and thus may not include an in personam action to enforce personal liability); Insilco Corp. v. Rayburn, 374 Pa. Super. 362, 368, 543 A.2d 120, 123 (Pa. Super. 1988); Signal Consumer Discount Company v. 6 Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978) (The very definition of a mortgage foreclosure action under Rule 1141(a) excludes "an action to enforce a personal liability"). Plaintiff's request to amend the judgment amount will not prejudice Defendant because Plaintiff's judgment remains strictly in rem for the purpose of effectuating a judicial sale of the mortgaged property. See Id. V. Relief Pennsylvania law explicitly provides for the amendment of foreclosure judgments prior to satisfaction, to accurately reflect the additional interest and any additional fees and costs a creditor makes to preserve its security interest in a mortgaged property prior to Sheriff's sale. Despite specifying a monetary sum, a foreclosure judgment is strictly in rem, and imputes no personal liability on a defendant in a foreclosure action. Accordingly, Plaintiff respectfully requests this Court order the judgment be amended as set forth above, order the Sheriff to amend the Writ nunc pro tunc as set forth above and for any other such relief as the Court deems necessary. Respectfully su irfcerb17, �a, Esquire isberg & Conway, P.C. Attorne;/for Plaintiff 7 McCABE, WEISBERG & CONWAY, P.C. BY: Brian T. LaManna, Esquire Attorney Identification Number 310321 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 Telephone: (215) 790-1010 Email: blamanna@mwc-law.com Attorneys for Plaintiff Village Capital & Investment LLC, Plaintiff, v. Katina R. Adler, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-1798 CERTIFICATION OF SERVICE I, Brian T. LaManna, Esquire, hereby certify that I served or caused to be served, a true and correct copy of the foregoing Motion to Reassess Damages with exhibits, Supporting Memorandum of Law and Proposed Order, by United States Mail, first class, postage prepaid, this the 26th day of September 2014, upon the following: Katina R. Adler 121 Cavalry Road Carlisle, Pennsylvania 17013 Pro Se Defendant 746)�yDate Katina R. Adler 310 Tichy Drive Mount Holly Springs, Pennsylvania 17065 Pro Se Defendant - " �� rnna, Esquire BVI eabeI`eisberg & Conway, P.C. tto /s for Plaintiff Village Capital & Investment LLC, Plaintiff, v. Katina R. Adler, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-1798 ORDER TO REASSESS DAMAGES AND NOW, this / "i" day of e'c.6 6-- , 2014, the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the Writ nunc pro tunc in this case as follows: Principal Balance $ 130,539.04 c Interest through 10/1/2014 $ 9,246.60--4 (per month $462.33).�• .17:: cr' rn --- Pro Rata MIP/PMI $ 228.40 rn rn-•!-, Escrow Advance $ 11,031.87 =ems— rJ Attorney Fees $ 1,935.00 Attorney Costs $ 2,905.49 fd , o-�-1 Late Charges $ 408.69 = �,� o pi Appraisals $ 935.80 �' P. Property Inspections $ 400.00 -< Qo -< Property Preservation $ 8,521.56 REASSESSED TOTAL $ 166,152.45 Plus interest from October 2, 2014, through the date of sale at 6%. iPl?i►`SSc, lrho/4'' (opes ma. led IO/ ql1 y Ii BY THE COURT: ti McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Village Capital & Investment LLC Plaintiff Katina R. Adler v. Defendant F!! ED -OFFICE n u l 11t% UU TAR `ir ?SIR OCT 31 Ph 2:29 PEN! SYLVCOUNTY AN A CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-1798 AFFIDAVIT OF SERVICE The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 28th day of October, 2014, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129.1 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED BEFOME THI DAY OF t2.Od'4 NOTARY PU GOMMONW AMI °: '''�`: 4fA,P-fl�=, NOTARIAL SEAL BARBARA J. MOYER, Notary Public City of Philadelphia, Pula CountyMy Commission Expires Janu ry 1 3, 2018 McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Terrane. McCabe, Esquire [ ] Edward Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff [ ] Marc S. Weisberg, Esquire [/(Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Lena Kravets, Esquire McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Village Capital & Investment LLC Katina R. Adler Plaintiff v. Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 14-1798 AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Katina R. Adler 121 Cavalry Road Carlisle, Pennsylvania 17013 Katina R. Adler 310 Tichy Drive Mount Holly Springs, Pennsylvania 17065 2. Name and address of Defendants in the judgment: Name Address Katina R. Adler 121 Cavalry Road Carlisle, Pennsylvania 17013 Katina R. Adler 310 Tichy Drive Mount Holly Springs, Pennsylvania 17065 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 Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address First Energy Corp. 76 South Main Street Akron, Ohio 44308 Mt. Holly Springs Borough 200 Harmon Street Mt. Holly Springs, Pennsylvania 17065 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 Tenants/Occupants 310 Tichy Drive Mount Holly Springs, Pennsylvania 17065 Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue PA Department of Revenue Bureau of Compliance Lien Section Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County Tax Claim Bureau Commonwealth of PA Department of Revenue Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8th Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 PO BOX 280948 Harrisburg PA 17128-0948 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Carlise, PA 17013 Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States 8. Name and address of Attorney of record: Name None c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address 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. Section 4904 relating to unsworn falsification to authorities. DATE McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Terrence J cCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff Re: Village Capital & Investment LLC v. Katina R. Adler. et al. Cumberland County; Number: 14-1798 [ ] Marc S. Weisberg, Esq. [i] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Lena Kravets, Esq. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID #,57716 JOSEPH 1. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRTNZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Village Capital & Investment LLC Plaintiff Katina R. Adler v. Defendants DATE: October 28, 2014 TO: ALL PARTIES IN INTEREST AND CLAIMANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 14-1798 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Katina R. Adler PROPERTY: 310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065 IMPROVEMENTS: Residential dwelling JUDGMENT AMOUNT: $144,619.33 The above -captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on December 3, 2014 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE. Name and Address of Sender McCabe, Weisberg and -Conway, P.C. 123 S. Broad St., Suite 1400 Philadelphia, PA 19109 Attn: SETH HAMRICK'-a-')".16-61—: Check type of mail or service: ❑Certified 0 Recorded Delivery (International) 0 COD 0 Registered 0 Delivery Confirmation 0 Return Receipt for Merchandise 0 Express Mail 0 Signature Confirmation 0 Insured Affix Stamp Here • S� • • U.S. POSTAGE>) PITNEY BOWES : t' '.2).7: (if issued as a �.-,.iL® f..� : 1.,44 4 ��®/ • _r!1••ti. certificate of mailing, or for additional copies of this bill) ®� Zip 19109 600 rte'- 02 f W O� •�+*r 0001377494 Postmark and Date of Receipt OCT. 28. 20 I Line Article Number Addressee Name, Street and PO Address Postage Fee Handling Charge Actual Value if Registered Insured Value Due Sender if COD DC Fee SC Fee SH Fee RD " Fee --RR Fee Village Capital & Investment LLC v. Katina R. Adler and Katina R. Adler LAND 1 First Energy Corp. 76 South Main Street Almon, Ohio 44308 £ O 4?) ,: 2& `" ��+ 2 Mt. Holly Springs Borough 200 Hannon Street Mt. Holly Springs, Pennsylvania 17065 A . '9 1P110_9�'1 ` 2 3 Tenants 310 Tichy Drive Mount Holly Springs, Pennsylvania 17065 4 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 5 Commonwealth of Pennsylvania Inheritance Tax Office 110 North 8. Street Suite #204 Philadelphia, PA 19107 6 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 7 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 8 - PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 9 PA Department of Revenue Bureau of Compliance Lien Section PO BOX 280948 Harrisburg PA 17128-0948 10 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales 11 United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 12 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17013 13 Tax Claim Bureau 1 Courthouse Square Carlise, PA 17013 14 Commonwealth of PA Department of Revenue Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales 15 United States of America c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 16 United States of America c/o United States Attorney for the Middle District of PA Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 17 United States of America c/o Atty General of the United States U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 18 Total Number of Pieces Received Post Office United States of America c/o 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 $500 per piece subject to additional limitations for multiple pieces at lost or damages in a single catastrophic occurrence. The maximum indemnity payable on Express Mail merchandise insurance is 5500, but optional 18 Express Mail Service merchandise is available for up to $5,000 to some, but not all countries. The maximum indemnity payable is $25,000 for registered mail. See Domestic Moil Manual R900, 5913, and 5921 for limitations of coverage on insured and COD mail. See International Moil Manua( for limitations of coverage on international mail. Special handling charges apply only to Standard Mail (A) and Standard Mail (B) parcels. Atty General of the United States U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Total Number of Pieces Listed by Sender Total Number of Pieces Received Post Office Postmaster, Per (Name of receiving employee) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $500 per piece subject to additional limitations for multiple pieces at lost or damages in a single catastrophic occurrence. The maximum indemnity payable on Express Mail merchandise insurance is 5500, but optional 18 Express Mail Service merchandise is available for up to $5,000 to some, but not all countries. The maximum indemnity payable is $25,000 for registered mail. See Domestic Moil Manual R900, 5913, and 5921 for limitations of coverage on insured and COD mail. See International Moil Manua( for limitations of coverage on international mail. Special handling charges apply only to Standard Mail (A) and Standard Mail (B) parcels. PS Form 3877, August 2000 Complete by Typewriter, Ink, or Ball Point Pen McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321. ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Village Capital & Investment LLC Plaintiff v. Katina R. Adler and Katina R. Adler Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 14-1798 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF PHILADELPHIA The undersigned attorney, being duly sworn according to law, deposes and says that the following is true and correct to the best of his/her knowledge and belief: 1. That he/she is counsel for the above-named Plaintiff; 2. That on October 30, 2014, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Katina R. Adler, by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to his/her last -known address of 121 Cavalry Road, Carlisle, Pennsylvania 17013. A true and correct copy of the letter and certified receipt, is attached hereto, made a part hereof, and marked as Exhibit "A". 3. That on October 7, 2014, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Katina R. Adler, by posting the same at the mortgaged premises of 310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065. A true and correct copy of the Sheriff's Returns of Service indicating same is attached hereto, made a part hereof, and marked as Exhibit "B". SWORN AND SUBSCRIBED DAY OF 014 BEFORE ME THIS McCABE, WEISBERG AND CONWAY, P.C. ) cCabe, Esq. onway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff NOTARY PUB NOTARIAL SE' 1. BARBARA J. MOYER, Rotary Public Common Expires'.Jan 12 2018 City of Philadelphia, Phila. County [ ] Marc S. Weisberg, Esq. [/]"Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Lena Kravets, Esquire Village Capital & Investment LLC Plaintiff v. Katina R. Adler Defendan Cumberland County Court of Common Pleas Number 14-1798 ORDER AND NOW, this 3444 of JLw� , 2014, the Plaintiff is granted leave to serve process in this mortgage foreclosure action upon the Defendant, Katina R. Adler, by regular mail and by certified mail, return receipt requested, to his/her last -known address of 121 Cavalry Road, Carlisle, Pennsylvania 17013, and by posting the mortgaged premises of 310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065. BY THE COURT: EXHIBIT A • 2120 0002 1646 3476 N U.S. Postal ServiceT'4 CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery infer atlon, visit our website at tvwwireps.core. US Postage Cerfitiod Foe Return Receipt Fee (Endorsement Required) Restricted Delivery Foe (Endorsement Required) Total Postage & Fees Katina R. Adler :/jr.6.6tri7ii: or PO Box No. 310 Tichy Drive 676,, si EN4 Mount Holly Springs, Pennsylvania 17065 U.S. Postal Service CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery Information, visit our website at www.uspO.conr. 7014 2120 0002 Postage Certified Fee Rotum Receipt Fee (Endorsement Required) Restricted °Over); Foe (Endorsement Required) Total Postage & Fees Oa 3 (, 2.014 --- Apoi, Katina R. Adler of PO 130"•10. 121 Cavalry Road .676'1-113r"'7:airl Carlisle, Pennsylvania 17013 TS Form 380 Name and Address of Sender McCabe, Weisberg and Conway, P.C. 123 S. Broad St., Suite 2080 Philadelphia, PA :9109 Attn: Robert Peace Check type of mail or service: D Certified D COD D Deliv`ry Confirmation D Express Mail D Insured D Recorded Delivery (International) D Registered D Return Receipt for Merchandise D Signature Confirmation Affix Stamp Here (if issued as a certificate of mailing, or for additional copies of this bill) Postmark and Date of Receipt Line Article Number Addressee Name, Street and PO Address Postage Fee Handling Charee ;.S. P STAGE» P ,;E SOWES Immo...war.Gmaser C2 Zir✓ 11a9v i09 $ 024.00° 00013774 94 OCT 33 2014 Actual Vafuc Insured Due Sender IA; s . if Registered Value if COD Fee Fee an w Fce Fee Fee Nationstar Mortgage LLC D/B/A Champion Mortgage Company v. All Unknown Surviving Heirs of Romaine E. Phillips, Deceased Mortgagor and Real Owner, Randolph Phillips, Known Surviving Heir of Romaine E. Phillips, Deceased Mortgagor and Real Owner and Jeffrey G. Phillips, Known Surviving Heir of Romaine E. Phillips, Deceased Mortgagor and Real Owner Jeffrey G. Phillips, Known Surviving Heir of Romaine E. Phillips, Deceased. Mortgagor and Real Owner 1315 Lombard Road Red Lion, Pennsylvania 17356 4 Oa PA tS 2 M&T Bank v. Dawn L. Bennett, a/k/a Dawn L. Danfelt Dawn L. Bennett, a/k/a Dawn L. Danfelt 60 Valley View Drive Windsor, Pennsylvania 17366 3 Nationstar Mortgage LLC v. Wesley L. Davis and Carrie A. Weaver Wesley L. Davis 332 Mesa Lane York, Pennsylvania 17408 Carrie A. Weaver 332 Mesa Lane York, Pennsylvania 17408 5 Wells Fargo Bank, NA v. Vivian G. Rush and James Bristol Rush a/k/a James Bristol Rush, Jr. Vivian G. Rush 227 West Mount Pleasant Avenue Ambler, Pennsylvania 19002 6 Vivian G. Rush 2165 West 665h Avenue Philadelphia, Pennsylvania 19138 7 James Bristol Rush a/k/a James Bristol Rush, Jr. 227 West Mount Pleasant Avenue Ambler, Pennsylvania 19002 g James Bristol Rush a/k/a James Bristol Rush, Jr. 2165 West 66th Avenue Philadelphia, Pennsylvania 19138 9 OneWest Bank, FSB v. Robert Schreiber, Executor of the Estate of Antoinette Schreiber, Deceased Mortgagor and Real Owner Robert Schreiber, Executor of the Estate of Antoinette Schreiber, Deceased Mortgagor and Real Owner 6448 Tinea Circle Bensalem, Pennsylvania 19020 10 M&T Bank v. D. Theodore Opperman and Susanna B. Opperman fka Susanna B. Potera D. Theodore Opperman 2812 Merion Road Camp Hill, Pennsylvania 17011 II D. Theodore Opperman 12 East Main Street New Kingston, Pennsylvania 17055 12 Susanna 8. Opperman fka Susanna B. Potera 2812 Merion Road Camp Hill, Pennsylvania 17011 " e -Capital & Investment t -( .v.- atina_R. Adler 1 Katma R. Ad1-61-- ) _121 -C-avali--y-ROad-- Carlisle_Pennsylvanja 17.013 J 14 Katina R. Adler 310 Tichy Drive Mount Holly Springs, Pennsylvania 17065 15 Nationstar Mortgage LLC v. Amy N. Eppley and Eugene R. Eppley Amy N. Eppley 70 North Conley Lane Etters, Pennsylvania 17319 16 Eugene R. Eppley 584 Gutshall Road Boiling Springs, Pennsylvania 17007 17 Deutsche Bank National Trust Company, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2007-14E1, Asset Backed Pass -Through Certificates, Series 2007-HE1 v. James M. Graham and Emily Graham James M. Graham 19 Huron Avenue Lake Hiawatha, New Jersey 07034 18 Emily Graham 19 Huron Avenue Lake Hiawatha, New Jersey 07034 19 20 Wells Fargo Bank, I.A. V. George Lightcap a k.a.. George H. Lightcap, Jr. and Helen M. Lightcap George Lightcap a.k.a. George H. Lightcap, Jr. 1671 Brynne Lane Pottstown, Pennsylvania 19464-1475 Helen M. Lightcap 1413 Sunrise Lane Pottstown, Pennsylvania 19464-2550 Total Number of Pieces Listed by Sender Tonal Number of Pieces Received at Post Office t__ PS Form 3877, August 2000 Postmaster, Per (Name of receiving employee) The fall declaration of value is required on all domestic and international registered null The maximum indemnity pa able for the raonar ton of nonnegotiable documents under Express Mail document reconstruction'nmmnce is 5500 per piece %Mj c1 to additional limitations for multiple pieces lost or damages io a single catastrophic occurrence The maximum indemnity payabto 00 Express Mail merchandise 10000000 is S500, but optional Express Mit Soxvioo ease aodise is m'ulab[c far up to 05.000 to some, too not ail countries The coodmum indemnity payable i# 525.000 for tegiatacai MIL Sen Domestic Atoll Masao! 8900. 5913. and 5921 for limitations of coverage on insured and COD mail See /ntsmarionel Mpg U at for limitations of .:.overage on interratio0al mail Special handling charges apply only to Sundatd Mail (A) and Standard Mail (E) Pacts Complete by Typewriter, Ink, or Ball Point Pen EXHIBIT B Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUN (VIC, Village Capital & Investment LLC vs. Katina R Adler se umber 01.11798 SHERIFF'S RETURN OF SERVICE 10/07/2014 01:48 PM - Deputy Jeff Kolodzi, being duly sworn according to law, states service was posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale above titled action, upon the property located at 310 Tichy Drive, Mount Holly Springs - Holly Springs, PA 17065, Cumberland County. 10/07/2014 01:48 PM - Deputy Jeff Kolodzi, being duly sworn according to law, served the request Writ, Notice and Description, in the above titled action, upon the within named Defenda Adler, pursuant to Order of Court by "Posting" the premises located at 310 Tichy Drive, Mt. Holly Springs, PA 17065, Cumberland County with a true and correct copy accordin SHERIFF COST: $97415 October 16, 2014 SO ANSWERS, RONKY R ANDERS or d by nd. II in the rou , Mount ea state o Katina R Ho Bora, la RIFF Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FROl TH-HON0 QFFRCE OF ME SKE RIFF, 2M!I',LEC -9 P11 2:55 CUMBERLAND COUNTY PENNSYLVANIA Village Capital & Investment LLC vs. Katina R Adler Case Number 2014-1798 SHERIFF'S RETURN OF SERVICE 10/07/2014 01:48 PM - Deputy Jeff Kolodzi, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 310 Tichy Drive, Mount Holly Springs - Borough, Mount Holly Springs, PA 17065, Cumberland County. 10/07/2014 01:48 PM - Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Katina R Adler, pursuant to Order of Court by "Posting" the premises located at 310 Tichy Drive, Mt. Holly Boro, Mt. Holly Springs, PA 17065, Cumberland County with a true and correct copy according to law. 12/03/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $942.04 SO ANSWERS, December 09, 2014 RONR ANDERSON, SHERIFF pd.C'u. q 529 2/VVa. (c) CourayStitte Soenff.'feleo,oft, Inc. McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Village Capital & Investment LLC Katina R. Adler Plaintiff v. Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 14-1798 AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property - located at: 310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065, as of the date the Praecipe fbr the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owners or Reputed Owners Name Address Katina R. Adler Katina R. Adler 2. Name and address of Defendant in the judgment: 121 Cavalry Road Carlisle, Pennsylvania 17013 310 Tichy Drive Mount Holly Springs, Pennsylvania 17065 Name Katina R. Adler Katina R. Adler Address 121 Cavalry Road Carlisle, Pennsylvania 17013 310 Tichy Drive Mount Holly Springs, Pennsylvania 17065 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 Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address NONE Name and address of every other person who has any record interest in the property which may be affected by the sale: Name NONE Address 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 Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Address 310 Tichy Drive Mount Holly Springs, Pennsylvania 17065 Department of Public Welfare Bureau of Child Support Enforcemem P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8th Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue PA Department of Revenue Bureau of Compliance Lien Section Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County Tax Claim Bureau Commonwealth of PA Department of Revenue United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States 8. Name and address of Attorney of record: Name NONE Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 PO BOX 280948 Harrisburg PA 17128-0948 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Carlise, PA 17013 Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales c/o United States Attorney for the Middle District of PA Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 51 I 1 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or V information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. McCAB , WEISBERG BY: [ ] Terrence J. McCabe, sq.. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff AY, P.C. Village Capital & Investment LLC v. Katina R. Adler Cumberland County; Number: 14-1798 ] Mar °. Weisberg, Esq. ] Margaret Gairo, Esq. ] Heidi R. Spivak, Esq. ] Christine I,. Graham, Esq. ] Ann E. Swartz. Esq. ] Joseph I. Foley, Esq. ] Je Wunder, Esq. arol A. 1)il'rinzio, Esq. L�IiAL LL' A.. K1Y 1 I Vll Premises: 310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065. ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a stake on the Eastern side of Tichy Drive, at a line of land of Robert Noggle; thence along said Tichy Drive, North 00 degrees 45 minutes East, 148.10 feet to line of land T.A. Tichy (PA Butch Co.); thence by the latter land, North 88 degrees East 180.29 feet to a point in the center of Mountain Creek; thence by said Mountain Creek, South 08 degrees 17 minutes East, 156.75 feet to a point in said creek; thence by land of Robert Noggle, North 89 degrees 15 minutes West, 205 feet to the place of BEGINNING. CONTAINING .675 acre, more or less, and being described according to survey thereof by "Phomas A. Neff, dated August 2, 1969. LESS that portion which includes a cul-de-sac conveyed by Holly Investment Co to the Borough of Mt. Holly Springs by Deed dated April 6, 1973, ad recorded April 2, 1973 in Deed Book "E", Volume 25. Page 635. SUBJECT to the right-of-way or easement on, over, across, through and in the property which I lolly Investment Co granted to the Borough of Mt. Holly Springs and the Mt. Holly Springs Borough Authority on June 15, 1973, and recorded in Misc Book 204, Page 479. HAVING THEREON ERECTED a dwelling house known as 310 Tichy Drive, Mount Holly Springs, PA 17065. BEING the same premises which PNC Bank, National Association by deed dated April 20, 2012 and recorded September 10, 2012 in Instrument Number 201227504, granted and conveyed unto Katina R. Adler. TAX MAP PARCEL NUMBER: 23-32-2336-086 McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Village Capital & Investment LLC v. Katina R. Adler Katina R. Adler 121 Cavalry Road Carlisle, Pennsylvania 17013 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 14-1798 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Katina R. Adler 310 Tichy Drive Mount Holly Springs, Pennsylvania 17065 Your house (real estate) at 310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065 is scheduled to be sold at Sheriffs Sale on December-; 2014 at'10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland Cottrity Courthouse,_ ] Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $144,619.33 obtained by Village Capital & Investment LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Village Capital & Investment I,I,C the hack payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay. you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPER'L'Y AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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 on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 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 a 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 real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) arc filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 1)0 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 LGVt1l.i L.C.Jl.i%ll- 1 XVII Premises: 310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065. ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a stake on the Eastern side of Tichy Drive, at a line of land of Robert Noggle; thence along said Tichy Drive, North 00 degrees 45 minutes East, 148.10 feet to line of land T.A. Tichy (PA Dutch Co.); thence by the latter land, North 88 degrees East 180.29 feet to a point in the center of Mountain Creek; thence by said Mountain Creek, South 08 degrees 17 minutes East, 156.75 feet to a point in said creek; thence by land of Robert Noggle, North 89 degrees 15 minutes West, 205 feet to the place of BEGINNING. CONTAINING .675 acre, more or less, and being described according to survey thereof by Thomas A. Neff, dated August 2, 1969. LESS that portion which includes a cul-de-sac conveyed by Holly Investment Co to the Borough of Mt. Holly Springs by Deed dated April 6, 1973, ad recorded April 2, 1973 in Deed Book "E", Volume 25. Page 635. SUBJECT to the right-of-way or easement on, over, across, through and in the property which I lolly Investment Co granted to the Borough of Mt. Holly Springs and the Mt. Holly Springs Borough Authority on .lune 15, 1973, and recorded in Misc Book 204, Page 479. HAVING THEREON ERECTED a dwelling house known as 310 Tichy Drive, Mount Holly Springs, PA 17065. BEING the same premises which PNC Bank, National Association by deed dated April 20, 2012 and recorded September 10, 2012 in instrument Number 201227504, granted and conveyed unto Katina R. Adler. TAX MAP PARCEL NUMBER: 23-32-2336-086 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 VILLAGE CAPITAL & INVESTMENT LLC Vs. KATRINA R. ADLER WRIT OF EXECUTION NO 14-1798 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $144,619.33 Interest FROM 7/24/2014 - $3,161.41 AT $23.77 Atty's Comm: Atty Paid: $253.97 Plaintiff Paid: Date: 8/26/14 (Seal) $.50 Due Prothy: $2.25 Other Costs: David D. Buell, Prothono a REQUESTING PARTY: Name: CAROL A. DIPRINZIO, ESQUIRE Address: MCCABE, WEISBERG & CONWAY, P.C. 123 S. BROAD STREET, SUITE 1400 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 316094 Deputy ;"FiOr1.1 RECORD in Teittirntsly whereof, here unto set my hand C-311 ai the sea o said Court at Carlisle, Pa. This dayof23i Prothonotary LXIII 42 CUMBERLAND LAW JOURNAL 10/17/14 Writ No. 2014-1798 Civil Term Village Capital & Investment LLC vs. Katina R. Adler Atty.: Terrence McCabe Premises: 310 Tichy Drive, Mount Holly Springs, Pennsylvania 17065. ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a stake on the Eastern side of Tichy Drive, at a line of land of Robert Noggle; thence along said Tichy Drive, North 00 degrees 45 minutes East, 148.10 feet to line of land T.A. Tichy (PA Dutch Co.); thence by the latter land, North 88 degrees East 180.29 feet to a point in the center of Mountain Creek; thence by said Mountain Creek, South 08 degrees 17 minutes East, 156.75 feet to a point in said creek; thence by land 01" Robert Noggle, North 89 degrees 15 minutes West, 205 feet to the place of BEGINNING. CONTAINING .675 acre, more or less, and being described according to survey thereof by Thomas A. Neff, dated August 2, 1969. LESS that portion which includes a cui-dc-sac conveyed by Holly In- vestment Co to the Borough of Mt. Holly Springs by Deed dated April 6, 1973, ad recorded April 2, 1973 in Deed Book "E" Volume 25. Page 635. SUBJECT to the right-of-way or easement on, over, across, through and in the property which Holly In- vestment Co granted to the Borough of Mt. Holly Springs and the Mt. Holly Springs Borough Authority on June 15, 1973, and recorded in Misc Book 204, Page 479. HAVING THEREON ERECTED a dwelling house known as 310 Tichy Drive, Mount Holly Springs, PA 17065. 21 BEING the same premises which PNC Bank, National Association by deed dated April 20, 2012 and re- corded September 10,2012 io Instru- ment Number 201227504, granted and conveyed unto Katina R. Adler. TAX MAP PARCEL NUMBER: 23- 32-2336-086. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 17, October 24 and October 31, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa arie Con y , Editor SWORN TO AND SUBSCRIBED before me this 31 day of October, 2014 Notary COMMONWEALTH Of PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 fr‘ 'The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he atriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; .that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2014-1798 Civil Term Village Capital &- Investment LLC vs. Katina R Adler Atty: Terrance McCabe Premises: 310 Tichy Drive, Mount , Holly Springs, Pennsylvania 17065. ALL THAT CERTAIN tract of land situate in the Borough of t; Mount Holly Springs County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a stake on the Eastern side of Tichy Drive, at a line of land of Robert Noggle; thence along said Tichy Drive, North 00 degrees 45 minutes East, 148.10 feet to line of land T.A. Tichy (PA Dutch Co.); thence by the Jail` er land, North 88 degrees East 180.29 feet to a This ad ran on the date(s) shown belo bscribed before me this 17 day of November, 2014 A.D. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Sheryl Marie Leggore, Notary Public Hampden Twp., Cumberland County My Commission Expires July 16, 2018 MEMBER. PENNSYLVANIA ASSOCIATION OF NOTARIES 10/19/14 10/26/14 11/02/14