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Home My WebLink About05-5628 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA ]9103 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. Dr;; - ~bd.P Cl~~L 'J~ v. CUMBERLAND COUNTY ELIZABETH KERRICK AIKIA ELIZABETH ANNE KERRICK AIKIA ANNIE KERRICK KARSTEN H. KERRICK 15 ROUND HILL ROAD CAMP HILL, P A 17011 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days afier 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 arc 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 LA WYER. GO TO OR TELEPHONE THE OFFICE SET FORTlI BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OffICE MAYBE ABLE TO PROVIDE YOU WITH INfORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PAl 7013 (800)990,9] 08 Filc#: 1247Ui file#: 124718 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CO NT ACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FUR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL EST ATE. 1. Plaintiff is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: ELIZABETH KERRICK A/K/ A ELIZABETH ANNE KERRICK A/K/A ANNIE KERRICK KARSTEN H. KERRICK 15 ROUND HILL ROAD CAMPHILL,PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafJer described. 3. On 04/25/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafJer described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. ] 809, Page: 5097 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2004 and each month thereafJer are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File#: 124718 6. The following amounts are due on the mortgage: Principal Balance Interest 11/0 1 /2004 through 10/28/2005 (Per Diem $33.45) Attorney's Fees Cumulative Late Charges 04/25/2003 to 10/28/2005 Cost of Suit and Title Search Subtotal $180,230.28 12,108.90 1,250.00 354.]2 $ 550.00 $ 194,493.30 Escrow Credit Deficit Subtotal 0.00 2,324.84 $ 2,324.84 TOTAL $196,818.14 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice ofIntention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date( s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum 01'$ 196,818.14, together with interest from 10/28/2005 at the rate of $33.45 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN ~~AN~~~:r~ By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: ]24718 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel ofland situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the southern line of Round Hill Road which point is at the dividing line between Lots Nos. 3 and 4 on Plan of Lots hereinafter mentioned; THENCE South 9 degrees 27 minutes 30 seconds East and along the dividing line between Lots No.3 and 4 on Plan of Lots hereinafter mentioned, a distance of 102.17 feet to a point on the line of Hollywood Development; THENCE South 88 degrees 04 minutes West and along line of Hollywood Development, a distance of85.03 feet to a point at the dividing line between Lots Nos. 2 and 3 on Plan of Lots hereinafter mentioned; THENCE North 01 degree 56 minutes West and along the dividing line between Lots Nos. 2 and 3 on Plan of Lots hereinafter mentioned, a distance of 100 feet to a point on the southern line of Round Hill Road; THENCE North 88 degrees 04 minutes East and along the southern line of Round Hill Road, a distance of 52.1 0 feet to a point; THENCE continuing along the southern line of Round Hill Road and on a curve to the left whose radius is 150 feet a distance of 19.7 feet to a point, the point and place of BEGINNING. BEING Lot NO.3 on Plan of Lots known as Part of Country Club Park which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 12, page 35. HAVING thereon erected a two story brick and frame dwelling with attached garage known as and numbered 15 Round Hill Road, Camp Hill, Pennsylvania. BEING THE SAME PREMISES which Howard C. Gale Development Co., Inc.. a pennsylvania corporation, by deed dated October 30, 1962 and recorded October 31, 1962 in the Office of the Recorder of Deed of Cumberland County, in Deed Book R-20, Page 557, granted and conveyed unto G. Raymond Smeltz, Jr. and Marian R. Smeltz, Grantors herein. PROPERTY BEING: 15 ROUND HILL ROAD File #: 12471& . VERIFICATION FRANCIS S, HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec, 4904 relating to unsworn falsifications to authorities. / q-~.<..tiL Francis S. Hallinan, Esquire Attorney for Plaintiff , DATE: :OIU\OS () -fA- '1(71rA -Z:::: 11\. ::t ~ () ~~~ --c. ~ ---1:" 1..''1 , .- c/: 8 . SHERIFF'S RETURN - REGULAR CASE NO: 2005-05628 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION ET AL VS KERRICK ELIZABETH ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KERRICK ELIZABETH A/K/A ELIZABETH ANNE A/K/A ANNIE the DEFENDANT , at 2034:00 HOURS, on the 15th day of November, 2005 at 380 REAGENT STREET CAMP HILL, PA 17011 by handing to ELIZABETH KERRICK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 28.80 .00 10.00 .00 56.80 _.-.rP......./<""" /~ f'~c, ..?';:~'~::~.~,~:;.-.n::.,~~~<- f- ~~ R. Thomas Kline 11/16/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: LLv/ Deputy Sheriff me this ).; "'^'^- day of 'J /' ex tnJ:) A.D. Prot tary . SHERIFF'S RETURN - REGULAR CASE NO: 2005-05628 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION ET AL VS KERRICK ELIZABETH ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KERRICK KARSTEN H the DEFENDANT at 2007:00 HOURS, on the 15th day of November, 2005 at 15 ROUND HILL ROAD CAMP HILL, PA 17011 by handing to KARSTEN KERRICK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 13.44 .00 10.00 .00 29.44 "'.'f"'~V:"'''/ ...,., ,t..:~ ,-':~,.,:'--P 1 R. Thomas Kline 11/16/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: ~r_ -V-~ fJeputy Sheriff me this ./:l"...Jo.... day of A.D. , PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. PHH Mortgage Corporation, F/K/ A Cendant Mortgage Corporation 3000 Leadenhall Road Mount Laurel, NJ 08054 Plaintiff Court of Common Pleas Civil Division vs. Cumberland County Elizabeth Kerrick AIKI A Elizabeth Anne Kerrick AlK/ A Annie Kerrick Karsten H. Kerrick 15 Round Hill Road Camp Hill, PA 17011 Defendants No. 05-5628 CIVIL TERM 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Sutrunary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Address: Robert Lieberman, Esquire 500 North 3'" Street, 12" Floor P.O. Box 1004 Harrisburg, PA 17108,1004 (b) for defendant: Address: John M. Hyams, Esquire 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: March 23, 2006 Date: ~\ "Y\ 0'1 Atto ., , t< . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation, F/K/A Cendant Mortgage Corporation 3000 Leadenhall Road Mount Laurel, NJ 08054 Plaintiff Court of Common Pleas Civil Division vs. Cumberland County Elizabeth Kerrick AlK/A Elizabeth Anne Kerrick AlK/A Annie Kerrick Karsten H. Kerrick 15 Round Hill Road Camp Hill, PA 17011 Defendants No. 05-5628 CIVIL TERM ORDER AND NOW, this day of , 2006 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendants, the Court determines that Plaintiff is entitled to Summary Judgment as a matter oflaw, and it is hereby: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against Defendants, Elizabeth Kerrick AlK/A Elizabeth Anne Kerrick AlK/A Annie Kerrick and Karsten H. Kerrick, for $196,818.90 plus interest from October 28,2005 at the rate of $33.45 per diem and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. BY THE COURT: J. , , PHELAN HALLINAN & SCHMIEG, LLP By: JENINER. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff PHH Mortgage Corporation, F/K/A Cendant Mortgage Corporation 3000 Leadenhall Road Mount Laurel, NJ 08054 Plaintiff Court of Common Pleas Civil Division vs. Cumberland County Elizabeth Kerrick A/K/A Elizabeth Anne Kerrick A/K/ A Annie Kerrick Karsten H. Kerrick 15 Round Hill Road Camp Hill, PA 17011 Defendants No. 05-5628 CIVIL TERM MOTION FOR SUMMARY JUDGMENT Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: 1. There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Defendants, Elizabeth Kerrick A/K/A Elizabeth Anne Kerrick A/K/A Annie Kerrick and Karsten H. Kerrick, have filed an Answer to the Complaint in which they have effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 4. In their Answer, Defendants generally deny paragraphs five and six of the Complaint, which aver the default and the amounts due on the Mortgage. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint and Defendants' Answer are attached hereto, incorporated herein by reference, and marked as Exhibits C and D, respectively. 5. Defendants have failed to sustain their burden of presenting facts, which contradict the averments of Plaintiffs Complaint. 6. Defendants admitted in paragraph three of their Answer that they executed the Mortgage. True and correct copies of the Mortgage and Note are attached hereto, made part hereof, and marked Exhibits A and AI, respectively. 7. Defendants executed the Mortgage promising to repay the loan on a monthly basis. A true and correct copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Book No. 1809, Page 5097, is attached hereto, made part hereof, and marked Exhibit A. ^ true and correct copy of the Note is also attached hereto, made part hereof, and marked Exhibit AI. 8. The Mortgage is due for the December 1,2004 payment, a period in excess of fifteen months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 9. The notice provisions of Act 6 of 1974 do not apply to this action because the original Mortgage amount exceeds $50,000.00, as is further addressed in Plaintiffs attached Brief. Nevertheless, Plaintiff sent Defendants a letter notifying them of their default and of Plaintiffs intent to foreclose. A true and correct copy of the letter is attached hereto, made part hereof, and marked Exhibit E. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has tenninated because Defendants have failed to meet with an authorized credit- counseling agency in accordance with Plaintiffs written notice to Defendants. A true and correct copy of the Notice of Homeowner's Emergency Mortgage Assistance Program is attached hereto, made part hereof, and marked Exhibit E. 11. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its foreclosure action, executing on its anticipated judgment, listing the property for sheriffs sale, and ensuring the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief 12. Defendants have the right to reinstate the loan up until one hour before a scheduled Sheriffs Sale. } " .. ! ' . ~ VERIFICATION Jenine R. Davey, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Brief are true and correct to the best of her knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. ~ Date Jen n R. Davey, Esquire Attorney for Plaintiff ,., .~ , ,'-." " ...: , PHELAN HALLINAN & SCHMIEG, LLP By: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Snite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff PHH Mortgage Corporation, F/K/A Cendant Mortgage Corporation 3000 Leadenhall Road Mount Laurel, NJ 08054 Plaintiff : Court of Common Pleas : Civil Division vs. : Cumberland County Elizabeth Kerrick A/KIA Elizabeth Anne Kerrick AlK/A Annie Kerrick Karsten H. Kerrick 15 Round Hill Road Camp Hill, PA 17011 Defendants : No. 05-5628 CIVIL TERM CERTIFICATION OF SERVICE I hereby certifY that true and correct copies of Plaintiff's Motion for Summary Judgment, Brief in Support thereof, Praecipe for Argument, Order, Certification of Service, and Attached Exhibits were sent via first class mail to the persons on the date listed below: John M. Hyams, Esquire 2320 North Second Street P.O. Box 60457 Harrisburgh, P A 17106-0457 Date: o-)~) b~ . Davey, Esquir ey for Plaintiff - ,~ r<.' ( : " ~ ; PHH MORTGAGE CORPORATION, f/k1a CENDANT MORTGAGE CORPORATION Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-5628 CIVIL vs. ELIZABETH KERRICK a/k1a ELIZABETH ANNE KERRICK a/k1a ANNIE KERRICK and KARSTEN H. KERRICK, Defendants IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS. OLER AND EBERT. LT. ORDER AND NOW, this 3<> - day of March, 2006, same being unopposed, the motion of the plaintiff for summary judgment is GRANTED and judgment is entered in favor of the plaintiff and against the defendants in the amount of $196,818.14 together with interest from October 28,2005, at the rate of $33.45 per diem to the date of judgment, and other costs and charges collectible under the mortgage, and for the foreclosure and sale of the mortgaged property. BY THE COURT, Jenine R. Davey, Esquire For the Plaintiff HIl John M. Hyams, Esquire F or the Defendants ~~ 3- jO'() {,. 9-' \,; ~i r..:' \.,.... J(j -- ". ....... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, FfKlA CENDANT MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION ELIZABETH KERRICK AIKIA ELIZABETH ANNE KERRICK AIKIA ANNIE KERRICK NO. 05-5628 KARSTEN H. KERRICK Defendant(s). AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for PHH MORTGAGE CORPORATION, FfKlA CENDANT MORTGAGE CORPORATION hereby verifies that on JUNE 12,2006 trne and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded llenholder(s) and any known Interested party. Date: JULY 26, 2006 IMPORT ANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a reoresentative of the nlalntiff at the Sheriff's Sale. The sale must be postponed or stayed in the eveut that a representative of the plaintiff is not present at the sale. ,.."' t'" 01\,1'1 .p.WN-~r i.., i _ _ _ - - - ~ ~ ~ i""'",..WN-O H .f2, I H~ h !:l Wi ~ ! ~ II > -~ ~ . lt1 i 6! Q ~ i j' i Ui:Il'R1 ~ ~~ni1: ~ il.il.l ~ ~ 2,. i ~ -filII! ~ ''lIlh ~ 2.!lH ~ 1~R111 ~ till 0 Jf(d ~ hi.. Hi~ til.~ ~ Ilei1 'III, i:tu fl81l 'H ("'1; - -I- (\ :J) ~ ~ -A. i~~i~g~~~~! i ~~ ~ ~ "" ~ ~ ~ I ~ ~~ = ~ F~ 0 ~ 0 J ~~gl ~.~l.~~,~l . ~ ~'!i' l~ ~ ~i ~ ! ~~~o ~~ISil, ~.. ~ ~~~~~ ~~~~i ~ m:;l}= ~ ~ ~ ~ 0 ~ i ~ U ~ ~~sa~ ~ ~.~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~:;:l ~ ~ ~ * i i I ~ ~ ~ p ~ ~~. '~~ -+:=-- ~ n ii' z l: 3 i o>z ..,=-; fa" =-"'; ~ c. ~~~~'1:l 1r.....'1:l .a- g. Ii F:>1~e:: ~~itF lb.Jl!t ~. - Cf>> o l: Z ~il~ o!~~Cf> ~ g. tIlCf>::S S. Clli 0 ~i P rJo '1:l 1ii ~ ~ --h . ~~ .. 1If.ft.v~..:.:...- 021^ $ 01~QDl) 0004309825 JUN 12 20'06 . NAilEDFROMZPCODEU1'~3 'v",., . . . ,"'''~=.;~ . .,. ,~ ,,--"' (..,~ 0 \~~~~f')~1 . ~:r:: "tr ~ ~":tN?.'.)~ (""; ,.-'-'" t___ f ....... -~ ,', -, ;-:: c.) . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SmTE 1400 PffiLADELPHIA, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION, FIKJA CENDANT MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LAURAL, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v, NO. 05-5628 ELIZABETH KERRICK A/KJA ELIZABETH ANNE KERRICK A/KJA ANNIE KERRICK KARSTEN H. KERRICK Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: n +- pEft- o~ c,H:" ~.,-c:J: Kindly enter as iR rem jliagRltRt in favor of the Plaintiff and against ELIZABETH KERRICK A/KJA ELIZABETH ANNE KERRICK AlKJA ANNIE KERRICK and KARSTEN H. KERRICK, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 10/28/05 to 3/30/06 TOTAL $196,818.14'/ '0 $5,151.30 $201,969.44 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~~' DANIEL G. HMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: "'/'.1 Jy .;J.r, ;t6bl:, PRO PROTHY 124718 PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., [d. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., [d. No. 62695 Daniel G, Schmieg, Esq" [d. No, 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19 t 03 (71~) ~61-7000 PHH MORTGAGE CORPORATION, FfKlA CENDANT : COURT OF COMMON PLEAS MORTGAGE CORPORATION Plaintiff : CIVIL DlV[SION -. Vs. : CUMBERLAND COUNTY ELIZABETH KERRICK AlKJA ELIZABETH ANNE KERRICK AlKJA ANNIE KERRICK KARSTEN H. KERRICK Defendants : NO. 05-5628 CIVIL TERM TO: KARSTEN H. KERRICK IS ROUND HILL ROAD CAMP HILL, PA 17011 DATE OF NOTICE: OF.C:F.MRF.R 6 200~ TH[S F[RM [S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE [S SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECE[VED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LA WYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ~~ Attorneys for Plaintiff 'PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S, Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (71<;) <;61-7000 PHH MORTGAGE CORPORATION, FIKIA CENDANT : COURT OF COMMON PLEAS MORTGAGE CORPORATION Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY ELIZABETH KERRICK AIKJ A ELIZABETH ANNE : NO. 05-5628 CIVIL TERM KERRICK AlKJA ANNIE KERRICK KARSTEN H, KERRICK Defendants TO: ELIZABETH KERRICK AlKfA ELIZABETH ANNE KERRICK AIKf A ANNIE KERRICK 380 REAGENT STREET CAMPHILL,PA 17011 DATE OF NOTICE: OFCFMRFR 6 200~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECf A DEBT. THIS NOTICE [S SENT TO YOU IN AN ATTEMPT TO COLLECf THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECf A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T 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 ACf WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ~.~ F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff .. \)\-k):t!: !Icjl-IS PHH MORTGAGE CORPORATION, flk/a CENDANT : MORTGAGE CORPORATION Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W NO. 05-5628 CIVIL vs. ELIZABETH KERRICK a/k/a ELIZABETH ANNE KERRICK a/k/a ANNIE KERRICK and KARSTEN H. KERRICK, Defendants IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS. OLER AND EBERT. J.J. ORDER AND NOW, this $,0 - day of March, 2006, same being unopposed, the motion of the plaintiff for summary judgment is GRANTED and judgment is entered in favor of the plaintiff and against the defendants in the amount of$196,818.14 together with interest from October 28,2005, at the rate of$33.45 per diem to the date of judgment, and other costs and charges collectible under the mortgage, and for the foreclosure and sale of the mortgaged property. BY THE COURT, Jenine R. Davey, Esquire For the Plaintiff a/l Jolm M. Hyams, Esquire For the Defendants p\ts #. \~~1 1f6 rF~UE COPY FROM RECORD , TlCtlll10lly Whereof, I her. ulltD SlIt my haM , j tile Ileal fIf said Court at Carlisle Pa. P- ~. n~ $0 --; fY . ~ ( ... L.-. ~. . , Prottlon_.. . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHlLADELPlllA, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION, FfKJA CENDANT MORTGAGE CORPORATION 3000 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION Plaintiff, v. NO. 05-5628 ELIZABETH KERRICK A/KJA ELIZABETH ANNE KERRICK A/KJA ANNIE KERRICK KARSTEN H. KERRICK Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby yerifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge ofthe following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service ofthe United States or its Allies, or otherwise within the proyisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ELIZABETH KERRlCKAIKIA ELIZABETH ANNE KERRICK AlKJA ANNIE KERRICK is over 18 years of age and resides at, 380 REAGENT STREET, CAMP HILL, P A 17011 . " (c) that defendant KARSTEN H. KERRICK is over 18 years of age, and resides at, 15 ROUND HILL ROAD, CAMP IDLL, P A 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. A~~' DANIEL G. lEG, ESQUIRE Attorney for Plaintiff ~ ~ ...() c ~ ~~, +-~~ ~ ":s:l ~ \ ~ ~ :t ~ ~ ~f- tr- ~ ~ ~ ..--.. (-~-- \--;-\ f',':' ~-; , , ".- r) ';:.d -:? ,,', ~ \\ F ~ ~ ""i) 1J o . r.l . (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PHH MORTGAGE CORPORATION, FfKlA CENDANT MORTGAGE CORPORATION 3000 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-5628 ELIZABETH KERRICK AIKIA ELIZABETH ANNE KERRICK AIKIA ANNIE KERRICK KARSTEN H. KERRICK Defendant(s). Notice is given that a Judgment in the aboye-captioned matter has been entered against you on ,J, Ly.:ll' 200 b. By: If you haye any questions concerning this matter, please contact: Jz~~ DANIEL G~C G, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 --THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.-- PHH MORTGAGE CORPORATION, F/KJA CENDANT MORTGAGE CORPORATION Plaintiff, v. No. 05-5628 ELIZABETH KERRICK AfK/A ELIZABETH ANNE KERRICK AfK/A ANNIE KERRICK KARSTEN H, KERRICK Defendllnt(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the aboye matter: Amount Due $196,818.14 Interest from 10/28/05 to 3/30/06 (per diem -$33.45) $5,151.30 and Costs TOTAL $201,969.44 fT~~~~ DANIEL G. SCHMIEG, ESQ One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ........ ........ ~c:l ....t- .... << llotllot dd aa ~~ gS S ~~ uu ... t~ ~> ;:~ <~ ;J t ~~ ~u~~ u =i So ~~~~ ~~ ~ llotz ".t:t ~..;l '" Zz ~~ f;Iil= ~ "~ ., .. Sa .r> i~~ ~~~~ ....9 ~ o t s: ~~ ..... ,.. s ~i ~~~= ~~ .s ~~ i .; 1i 0< ;.. ~ uc iSiS ~ ~! g =i ~ Ou f;Iil~ ~1Il ~ ~~ ~o ~~~a ~~ <( <').... ~ ~ o~ c~ Vi ~~ ~ u; ;; u ~ ~ ~ ~i ~ ....... ~~ :::: ~ ~ =f;Iil ~ "'u ~u VI 11 -+- () .~ -1~ ~ ~~~ ~~ ... ~ ~ '- .. '- ~ ...g ~ ~ ~ .. l(; ~J ~ , ~~ ~ (J- ~ ~ :t' "" ..... ~ ~ ~ ~ , , i:ii ~ . ~ ' I I - ~~J :J"' ~ C) --J <J~~e.oo r( t~ ~ to;'~ .()~ ~ a lJJ ....~?i~O-:'~ "' , ~ c:t. ..... 'tb-'t>J- '\> ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5628 Civil CIVIL ACTION - LAW TO THE SHERlFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, FIK/A CENDANT MORTGAGE CORPORATION, Plaintiff (s) From ELIZABETH KERRICK A/K1A ELIZABETH ANNE KERRICK AlKJA ANNIE KERRICK, KARSTEN H. KERRICK (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $196,818.14 L.L. $.50 Interest FROM 10/28/05 TO 3/30/06 (PER DIEM - $33.45) - $5,151.30 AND COSTS Arty's Comm % Due Prothy $1.00 Arty Paid $168.24 Other Costs Plaintiff Paid p Date: JULY 25, 2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQillRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF PHH MORTGAGE CORPORATION, FfKlA CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION ELIZABETH KERRICK AfKIA ELIZABETH ANNE KERRICK AfKIA ANNIE KERRICK KARSTEN H. KERRICK NO. 05-5628 Defendant( s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DL.~.ESQUIRE Attorney for Plaintiff .-' f__ --:- :,"'. (....' PHH MORTGAGE CORPORATION, FfKlA . CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION ELIZABETH KERRICK AfKIA ELIZABETH ANNE KERRICK AfKIA ANNIE KERRICK KARSTEN H. KERRICK NO. 05-5628 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) PHH MORTGAGE CORPORATION. FIKIA CENDANT MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information conceming the real property located at .15 ROUND HILL ROAD. CAMP HILL. P A 17011 , 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ELIZABETH KERRlCKAIKIA ELIZABETH ANNE KERRICK A/K/ A ANNIE KERRICK 380 REAGENT STREET CAMP HILL, P A 17011 KARSTEN H. KERRICK 15 ROUND HILL ROAD CAMP HILL, P A 17011 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . . 4. Name and address of last recorded holder of every mortgage of record: . Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 15 ROUND HILL ROAD CAMP HILL, P A 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~ DANiEL . S lEG, ESQUIRE Attorney for aintiff June 30. 2006 DATE ~~~ ,..:/" C -:~ :,C~ ,~) (}i ~.. ,.,., ~- PHH MORTGAGE CORPORATION, FfKlA CENDANT MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY No. 05-5628 v. ELIZABETH KERRICK AfKIA ELIZABETH ANNE KERRICK AfKIA ANNIE KERRICK KARSTEN H. KE,RRICK Defendant(s). June 30, 2006 TO: ELIZABETH KERRICK A/K/A ELIZABETH ANNE KERRICK A/K/A ANNIE KERRICK 380 REAGENT STREET CAMP HILL, P A 17011 KARSTEN H. KERRICK 15 ROUND HILL ROAD CAMP HILL, P A 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at .15 ROUND HILL ROAD. CAMP HILL. PA 17011. is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment ofS201.969.44 obtained by PHH MORTGAGE CORPORATION. F/K/A CENDANT MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OrnER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money: The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE rnls PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 # , DE9ClUrdON ALL THA T CERTAIN piece or pIlnleloflBnd rrituIle in East PoDnsboro Township, Cumberkmd CO'IIIIty, Commoowealtb ofPCIlIIS)'lvlUlia. more particularly bounded and described IIIl fullowsto wit: BEGINNING at . point OD the southern line ofRouocl Hill Road wbid! point is at the dividing liDD between Lots Nos. 3 and .. on P181l of Lots hcrcinaft.er mentioned; THENCE 80uIh 9 degrees 27 minutes 30 seconds East and alemg the dividing line between Lot No.3 and 4 on Plan of Lots bereioah melJtioued. a di&18ooe of I 02.J71bet to a poiul Oll the Uno of Hollywood JJe\lelopmen1:; THENCE Sou1b 8& dear- 04 minukis West and along line ofHoJtywood Development,. diRance of as .03 foet to llpQitn at tbe dividing line berween I...cG Nos. 2 and 3 on PIlID of Lotshemillafter mentioned; TIlENCE North 01 degree 56 minutes West and aJong the dividing line between .Lo4$ Noll. 2 aDd 3 on Plan of Lots h_inaftet mentioned, a dillW1co of 100 feet to a point on the BOUthem liM of Round Hili Roftlt llIENCE Nortb 88 desrtes 04 miull1esBast aodlllong die !I(lUlhem line of Round Hill Road, a distance .of 52.1 0 feet to . point; TIlENCE COJItinuiDg along the solflhem line of Round Hill Road IIId on a CIll'WI to dle 11ft whose radiM Is 1 SO feet a disbmc:e of 19.7 feet to a point, the point ami place ofBBGINNINO. BEING Lot No.3 on Plan ofLom known 811 Part ofCountJ)' Chtb PIllk which is relXlf'ded in the Office ofilie Recoroer of~ jp and for Cwnberland County in Plan Book 12, peae 35. HA VINO tberco:n erected a two story brick 8l'IdlTame dwelling with attached garage known u and numbered IS Round HinlWad. Camp Hill, hfm$ylvania. BEJNO nm SAME PREMISES wbich lklward C. Gale Development Co., Inc., a Pennsylvania corporation, by deed daflld October 30, 1962 8l'Id recorded October 31, t 962 in the Office of the Recorder of Doed of Cumberland County, in Deed Book R-20, Page 5'57. granted lIfId conveyed unto G. Raymond SmellZ, Jr. and Marian R. Smeltz, Granters herein. Being Pfm:el # 09.2()..185()..207 tITL~ 10 SAm P~JSi3 IS v~ UfKlIJSkm H. Kerrick .1lIld Bli2aboth A. Kerrick, hllSband IlIld wife, l>y DeedfrO$ O. 'Raymo'" Smeilz, R. and MariaAR. Smeltz,husbaDd and wife. dated 11_ 25.02 and recorded 12-2"()2.in Deed .Book.2S4, Pap 3867. L ,~ ,^ t...-' , r" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PHH Mortgage Corporation, flk/a Cendant Mortgage Corporation A TIORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Elizabeth Kerrick, a/kJa Elizabeth Anne Kerrick, alkJa Annie Kerrick Karsten H. Kerrick No. 05-5628 Civil Term Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on October 31, 2005, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A", 2. Judgment was entered on March 30, 2006 in the amount of$201 ,969.44. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B", 3. Pursuant to Pennsylvania Rule of Civil Procedure 1 03 7(b)( 1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, Le, bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 15 Round Hill Road, Camp Hill, P A 17011 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendants filed a Chapter 7 Bankruptcy at docket number 1-06-00713 on April 18, 2006. Plaintiff obtained relief from automatic stay by order of court dated May 22, 2006. A true and correct copy of the Bankruptcy Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". 5, The Property is listed for Sheriffs Sale on December 6,2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3, 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 12/6/06 Per Diem $32.99 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIPIPMI NSF Suspense/Misc. Credits Escrow Deficit $180,230.28 25,273.31 413.14 2,275.00 1,372.00 0.00 0.00 0.00 0.00 0,00 0.00 5.618.29 TOTAL $215,182.02 7. The judgment fonnerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the tenns of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date:~ By: Michele M, Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103 -1814 (215) 563-7000 PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Elizabeth Kerrick, a/k/a Elizabeth Anne Kerrick, alk/a Annie Kerrick Karsten H. Kerrick No. 05-5628 Civil Term Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 15 Round Hill Road, Camp Hill, P A 17011. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied, 20 P.L.E., Judgments ~ 191, Stephenson v. Butts, 187 Pa.Super. 55,59, 142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa,Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co, of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171,595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117,282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939), Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v, Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct ajudgment to conform to the facts of a case. 257 Pa. Super. 157,390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. ID. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. IV. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. v. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law, Pennsylvania Courts have long and repeatedly concluded that a request offive percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super, 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable, VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested, Phelan H ' DATE:~ By: Michele M. Bradford, Esq Attorney for Plaintiff Exhibit "A" ~ HALLINAN & SCHMIEG, UP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, P A 19103 (215) 563-7000 PIffi MORTGAGE CORPORATION, F/KJA CENDANr_MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LA~, NJ 08054 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF CO~ON PLEAS CIVIL DIVISION TERM NO. O~ -,~{.,~ (!;oiL<-r-V<.."'1 CUMBERLAND COUNTY v. ELlZABElH KERRICK AIKIA ELIZABETII ANNE KERRICK AlKJA ANNIE KERRICK KARSTEN H. KERRICK 15 ROUND HILL ROAD CAMP HILL, P A 17011 o ~ ~ c: ~ S. 0 :2 ~ ~~, r> rn-o.F!. z'-n --4 m ~S~ (,.) ~~ -=< t=-- ~ -"1"'" ~ ,-... __ :r:-ri c_ -- OB ~Q :I: 20m -0 - NOTICE . ~~" -= ~ You have been sued in court. If you wish to defend against the claims set forth in the ~ow~ pages, you must take action within twenty.(20) days after this co~laint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the comt your defelises 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,aJid a judgment may he entered again$t you by the court without t\utI1er notice for ~~~._~1r~=~~li;"..?\""0'" 'LA WYER,GO TO OR TELEPHONE TIlE OmCE S~ FORm BELOW. TIllS omCE CAN PROVIDE YOU wrm INFORMATION ABOUT HIRING A LAWYEIt IF YOU CANNOT AFFORD TO HIRE A LAWYER. nns omCE MAY BE ABLE TO PROVIDE YOU WITIlINFORMATION ABour AGENCIES mAT MAY OFFER LEGAL SERVICES TO EUGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Defendants CIVIL ACDON - LAW COMPLAINT IN MORTGAGE FORECLOSURE cert.\tt U\0 \f\h3 nSfeb'l . \tue aO() . ,..""~n\Qbe.a. ~"''''''e , 'tN\,-, ", · ":I 0\ \.\' d cot(~C'i ~~~d 0\ {e~~\-\~\Jt.~ , ot\g\n~.1 ~~ ~tl\" . fEOER\'4\r' Lawyer Referral Service Cumberland County Bar Association 32. South Bedford Street Carlisle, P A 170i 3 , (800)990-9108 FEDERMAN AND PHELAN ATTORNEY FILE COpy PLEASE RETURN FiIe#: 124718 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHll..ADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION, FIKfA CENDANT MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY v. ELIZABETH KERRlCK AlKJA ELIZABETH ANNE KERRICK AlKJA ANNIE KERRICK KARSTEN H. KERRICK 15 ROUND HILL ROAD CAMP HILL, PA 17011 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you., You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. TIllS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TIIAT 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, PA 17013 (800)990-9108 ,"~.;- -~-:"''''.7!'f''''!:f:~jr~?:::'?':1:;{'?'~.:j~-;'''''-:''''~,<'-:;/~~~~.-<':.,.:.:: >.-, File#: 124718 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE V ALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HA VE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Filc#:J24718 "/"7:,<~:"'-~;:::~'.;_f,_-:,~~:.'!:1::~~~~~tF,,:~~~:f::t;:~~-:_,:;-.,:.... . . . '.... .....y--','.~ ~." . . 1. Plaintiff is Plffi MORTGAGE CORPORATION, FIKJ A CENDANT MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: ELIZABETII KERRICK AlKfA ELIZABETII ANNE KERRICK AlKfA ANNIE KERRICK KARSTEN H. KERRICK 15 ROUND Hll.,L ROAD CAMP HILL, P A 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 04/25/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1809, Page: 5097. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2004 and each month thereafter are due and unpaid, and by the tenns of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 124718 6. The following amOlmts are due on the mortgage: Principal Balance Interest 1110112004 through 10/28/2005 (per Diem $33.45) Attorney's Fees Cumulative Late Charges 04/25/2003 to 10/28/2005 Cost of Suit and Title Search Subtotal $180,230.28 12,108.90 1,250.00 354.12 $ 550.00 $ 194,493.30 Escrow Credit Deficit Subtotal 0.00 2,324.84 $ 2.324.84 TOTAL $ 196,818.14 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice ofhttention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. 11ris action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 196,818.14, together with interest from 10/28/2005 at the rate of $33.45 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, L ~~7 By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQillRE Attorneys for Plaintiff File#: 124718 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the southern line of Round Hill Road which point is at the dividing line between Lots Nos. 3 and 4 on Plan of Lots hereinafter mentioned; THENCE South 9 degrees 27 minutes 30 seconds East and along the dividing line between Lots No.3 and 4 on Plan of Lots hereinafter mentioned, a distance of 102.17 feet to a point on the line of Hollywood Development; TIIENCE South 88 degrees 04 minutes West and along line of Hollywood Development, a distance of85.03 feet to a point at the dividing line between Lots Nos. 2 and 3 on Plan of Lots hereinafter mentioned; TIIENCE North 01 degree 56 minutes West and along the dividing line between Lots Nos. 2 and 3 on Plan of Lots hereinafter mentioned, a distance of 100 feet to a point on the southern line of Round Hill Road; TIlENCE North 88 degrees 04 minutes East and along the southern line of Round Hill Road, a distance of 52.1 0 feet to a point; TIIENCE continuing along the southern line of Round HilI Road and on a curve to the left whose radius is 150 feet a distance of 19.7 feet to a point, the point and place of BEGINNING. BEING Lot No.3 on Plan of Lots known as Part of Country Club Park which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 12, page 35. HAVING thereon erected a two story brick and frame dwelling with attached garage known as and nwnbered 15 Round Hill Road, Camp Hill, Pennsylvania. BEING THE SAME PREMISES which Howard C. Gale Development Co., Inc., a Pennsylvania corporation, by deed dated October 30, 1962 and recorded October 31, 1962 in the Office of the Recorder of Deed of Cumberland County, in Deed Book R-20, Page 557, granted and conveyed unto G. Raymond Smeltz, Jr. and Marian R. Smeltz, Grantors herein. PROPERTY BEING: 15 ROUND HILL ROAD File#: 124118 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time. allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa R C. P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 490~ relating to unsworn falsifications to authorities. q--~s.-nr{} · Francis S. Hallinan, Esquire Attorney for Plaintiff DATE:JQJ l1)lOS Exhibit "B" PflELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No, 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215\ 563-7000 PHH MORTGAGE CORPORATION, FIKJA CENDANT MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LAURAL, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-5628 ELIZABETH KERRICK AlKJA ELIZABETH ANNE KERRICK AlKJA ANNIE KERRICK KARSTEN H. KERRICK Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiffand against ELIZABETH KERRICK AfKlA ELIZABETH ANNE KERRICK A/KIA ANNIE KERRICK and KARSTEN H. KERRICK, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 10/28/05 to 3/30/06 TOTAL $196,818.14 $5,151.30 $201,969.44 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 124718 Exhibit "c" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Karsten H. Kerrick Bk. No. 1 06-bk-00713 MDF Debtor Chapter No. 7 PHH Mortgage Corporation, F/K/A Cendant Mortgage Movant 11 U.S.C. S362 v. Karsten H. Kerrick and Markian R. Slobodian, Esquire (Trustee) Respondents ORDER MODIFYING S362 AUTOMATIC STAY Upon consideration of Motion of PHH Mortgage Corporation, F/K/A Cendant Mortgage (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. ~362 is modified with respect to premises 15 Round Hill Road, Camp Hill, PA 17011, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001 (a) (3) is not applicable and PHH Mortgage Corporation, F/K/A Cendant Mortgage may immediately enforce and implement this Order granting relief from the automatic stay. By tlte Com1, Dated: May 22,2006 ~~~~ This document is electronically signed and filed on the same date. VERIFICATION Michele M, Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE: 1/J}If1?n~ I .,... By: Michele M. Bradford, Esquir Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation Plaintiff vs. Elizabeth Kerrick, a/k/a Elizabeth Anne Kerrick, a/k/a Annie Kerrick Karsten H, Kerrick Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 05-5628 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief in Support thereof were sent to the following individuals on the date indicated below, Elizabeth Kerrick, a/k/a Elizabeth Anne Kerrick, a/k/a Annie Kerrick Karsten H. Kerrick 15 Round Hill Road Camp Hill, P A 17011 John M. Hyams, Esquire 2320 North Second Street, P.O. Box 60457 Harrisburg, PA 17106 DATE: IO/I'f-/w Elizabeth Kerrick, a/k/a Elizabeth Anne Kerrick, a/k/a Annie Kerrick 380 Reagent Street Camp Hill, PA 17011 Phelan Hallinan & Schmieg, LLP "'---'"' ~ By: Michele M. Bradford, Es Attorney for Plaintiff -'~F~ ;.Y~ & ("i ~""- ::~ ::~ f"'-.:> = c::> 0" ~ ~::o mr- :8 .t:Q C.) X ~~ (5 :Ii -,'? (') om );l ::n -< o ('""'> -; N o -0 :x - .. 01 \.0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation Plaintiff vs. Elizabeth Kerrick, a/k/a Elizabeth Anne Kerrick, a/k/a Annie Kerrick Karsten H. Kerrick Defendants RULE AND NOW, this 'Z..'3~ day of ~c..I'1llp....r Court of Common Pleas Civil Division Cumberland County No. 05-5628 Civil Term OCT 2 3 2006 r" ~ 2006, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff s Motion to Reassess Damages. ~) day of -lev 20 Rule Retumable.efl the ~~. Cilll1eerltmd Cel:U1ty Cnllrtholl'ie, Cl:tl'lisl~, Pennsylvania. 2006, ttt BY THE COURT, 4L ltl the J. ",~-oi - ~ ~ ' r t t .? ~ ~ ~ ~ c <' fJ VINvl\lASf\JN:.::!d I I ,,!1'."... " "...'''L ''''',"",:A1n''' J\..U-'" fU .' ,;-, "j::':fn v 10 : II WV '12 130 qDOl lU\.II""'r".' ""d '"'Hl 'a ACJV_I...!r\ViUJJC j :i 38L:i~O:..a3lL-J '~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. I.D. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Elizabeth Kerrick, a!k/a Elizabeth Anne Kerrick, a1k/a Annie Kerrick Karsten H. Kerrick No. 05-5628 Civil Term Defendant CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of Twenty (20) days after service has been served upon the following persons: Elizabeth Kerrick, a1k/a Elizabeth Anne Kerrick, a1k/a Annie Kerrick Karsten H. Kerrick 15 Round Hill Road CampHill,PA 17011 Elizabeth Kerrick, a1k/a Elizabeth Anne Kerrick, a1k/a Annie Kerrick 380 Reagent Street Camp Hill, PA 17011 John M. Hyams, Esquire 2320 North Second Street, P.O. Box 60457 Harrisburg, P A 17106 Date: By: Michele M. Bradford, Esquire Attorney for Plaintiff (,,) ~~: ';..~-->- ,....., = = 0" ....". o -~ o 11 .-\ ::r.:--n Glp 2S~C . - ~ ;cg~ ..--.t '.r;> ~ PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs, Cumberland County Elizabeth Kerrick, a/kIa Elizabeth Anne Kerrick, a/kIa Annie Kerrick Karsten H. Kerrick No. 05-5628 Civil Term Defendant MOTION TO MAKE RULE ABSOLUTE Plaintiff, Mortgage Electronic Registration Systems, Inc., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is The Plaintiff in this action. 2. A Rule was entered by the Court on October 23, 2006 directing the Respondents to show cause why the Motion to Reassess should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A". 3. The Rule to Show Cause was timely served upon all parties on October 31, 2006, 2006 by the Prothonotary in accordance with the applicabll~ rules of civil procedure. 4. Respondents failed to respond or otherwise plead by the Rule Returnable date of twenty (20) days after service. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff Mortgage Electronic Registration Systems, Inc.'s Motion to Reassess Damages. ---- FllEb^N~LLlNAN ~LP Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 PHH Mortgage Corporation, f/kJa Cendant Mortgage Corporation Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Elizabeth Kerrick, a/kJa Elizabeth Anne Kerrick, a/kJa Annie Kerrick Karsten H. Kerrick No. 05-5628 Civil Term Defendant BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on October 19, 2006. A Rule was entered by the Court on October 23,2006 directing the Respondents to show cause why the Motion to Reassess Damages should not be granted. (See Exhibit "A") The Rule to Show Cause was timely served upon all parties on October 31, 2006 by the Prothonotary in accordance with the applicable rules of civil procedure. Respondents failed to respond or otherwise plead by the Rule, Returnable date of twenty (20) days after service upon the Defendant. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. ~jt7)ur; Dat Exhibit "A" y OCT 2 3 2006 r1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ PENNSYLVANIA PHH Mortgage Corporation, fIkIa Cendant Mortgage Corporation Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Elizabeth Kerrick, a/kJa Elizabeth Anne Kerrick, alkJa Annie Kerrick Karsten H. Kerrick No. 05-5628 Civil Term Defendants RULE AND NOW, this 2'J~ day of OO'"b ~ 2006, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Zo ot",J --1(4, ~~. day sf 2006, at Ul the Rule Retumable.etl t:l.v QuBherland Calmt)' ('nl1rthnl1"e, Cadisl"" 'fennsylv~a. BY TIIE COURT, 4L J. IHUE COpy f'HO!'~ HeCORI1 In T esttmony whereOf, , here un... set my haRd and th8~.. of said Cog(t at Carlsle. PI. TIliA . PI< = of (JJ~ ~ . (--;. _ '" (), ':J1A. I~" · J ProthonCltat~ \>~* \'2~1 \'0 Exhibit "B" ---. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLANb LUtJPff~ .. --....... PENNSYLVANIA ATTORNEY _ ... . ---. PLEASE FILE Cor'~ · - --. .-. - R51U8/>> . ''',->, .....~---- -- '.-- -"-",,,- PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquirc~ Atty. LD. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 ,_. - ."-1. < .......~,~ ATTORNEY FOR PLAINTIFF PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation Plaintiff Court of Common Ple~ ~ '" <=:> = CT" vs. Cumberland County ~~~! ~" ~_.. \. No. 05-5628 Civil Te~:', J>c~ :z -1 -< ~ ......;.:..... o ." ~ rn~ -n .-r. =.\)01 -, ~q ::~ ;;; om -0{ ?5 -< Civil Division u:.;. r,-j :- ::z C) ....::: Elizabeth Kerrick, a/k/a Elizabeth Anne Kerrick, a/k/a Annie Kerrick Karsten H. Kerrick 4:- Defendant ~ l" ~.=-~~..""" ~.___.___.' _ CERTIFICATION OF SER~ORNEV Fj[ECOr~t fLEASE RETURN I, MICHELE M. BRADFORD, Esquire, hereby certify that.J).tru~ and correct copy of our Motion to Reassess Damages noting a Rule Return date of Twenty (20)<Iays'after servieehas. been served upon the following persons: Elizabeth Kerrick, a/k/a Elizabeth Anne Kerrick, a/k/a Annie Kerrick Karsten H. Kerrick 15 Round Hill Road Camp Hill, P A 17011 Elizabeth Kerrick, a/k/a Elizabeth Anne Kerrick, a/k/a Annie Kerrick 380 Reagent Street Camp Hill, PA 17011 John M. Hyams, Esquire 2320 North Second Street, P.O. Box 60457 Harrisburg, P A 17106 Date: By: Michele M. Bradford, Esquire Attorney for Plaintiff VERIFICATION Michele M, Bradford, Esquire, hereby states that she is the attorney for Plaintiff, in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. 94904 relating to the unsworn falsification of authorities. ~ Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Elizabeth Kerrick, a/k/a Elizabeth Anne Kerrick, a/k/a Annie Kerrick Karsten H. Kerrick No. 05-5628 Civil Term Defendant CERTIFICATE OF SERVICE I hereby certify that a true and c:orrect copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: Elizabeth Kerrick, a/k/a Elizabeth Anne Kerrick, a/k/a Annie Kerrick Karsten H, Kerrick 15 Round Hill Road Camp Hill, PA 17011 Elizabeth Kerrick, a/k/a Elizabeth Anne Kerrick, a/k/a Annie Kerrick 380 Reagent Street Camp Hill, PA 17011 John M. Hyams, Esquire 2320 North Second Street, P.O, Box 60457 Harrisburg, P A 17106 tl 'Z Date ~ ~ Michele M. Bradford, Esquire Attorney for Plaintiff ~ L..I(,,l:J runl .z :,f'J Z'--- (fl'> ~t; ~. -~ ~t~ ~ -... ~ c;:J c;:::J cr. Z o < N CO ""'0 :x ~ o 0'\ Q ~1:m "r- ~9 t,.) (:, ::;:;:I..}', .,... ij ~~ ~ ~ NOV 19 m,v ~ PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Elizabeth Kerrick, a/k/a Elizabeth Anne Kerrick, a/k/a Annie Kerrick Karsten H. Kerrick No. 05-5628 Civil Term Defendant ORDER AND NOW, this 1of1 day of ~ ,2006, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Respondents shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the aboye captained matter is hereby GRANTED; and the Prothonotary is ordered to amend the judgment as follows: Principal Balance Interest Through 12/6/06 Per Diem $32.99 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIPIPMI NSF Suspense/Misc. Credits Escrow Deficit $180,230.28 25,273.31 413.14 2,275.00 1,372.00 0.00 0.00 0.00 0.00 0.00 0.00 5.618,29 TOTAL $215,182.02 Plus interest through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. /).. - J'- C ~ /I . ( t'1-~e.d .~.cL tL_, 1115 J. 119476 'r;'I!\J\il\lASI'~f'~jd ; 'I. ,,'v...,,- I ..,,.., 'jnC) f\ I \jj ~( .r ~. :-. "';'t,rl/. I,..olo,o. \it \'0,. L,_ ___.."".J' + t 9 I :2 Hd fJ- 330 900Z AtN10NOH108d 3Hl :10 3:)!:!:10-(J31B COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which PHH Mtg Corp fka Cendant Mtg is the grantee the same having been sold to said grantee on the 6th day ofDec A.D., 2006, under and by virtue of a writ Execution issued on the 25th day of July, A.D., 2006, out ofthe Court of Common Pleas of said County as of Civil Term, 2005 Number 5628, at the suit ofPHH Mtg Corp fka Cendant Mtg against Elizabeth Kerrick aka Elizabeth anne aka Anne aka Annie & Karsten H is duly recorded in Deed Book No. 278, Page 771. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ day of /Jec , A.D. :LID' -~ J---- Recorder of Deeds RecotClll, OJ a'II"" " My~&i*::;~= . , PHH Mortgage Corporation f/k/a Cendant In the Court of Common Pleas of Mortgage Corporation Cumberland County, Pennsylvania VS Writ N02005-5628 Civil Term Elizabeth Kerrick a/k/a Elizabeth Anne Kerrick a/k/a Annie Kerrick and Karsten H. Kerrick Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on October 02,2006 at 1635 hours~ he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Elizabeth Kerrick a/k/a Elizabeth Anne Kerrick a/k/a Annie Kerrick, by making known unto Maria Waller, mother of defendant, at 380 Reagent Street, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Karsten H. Kerrick, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Karsten H. Kerrick. The defendant no longer resides at his last known address of 15 Round Hill Road, Camp Hill, P A 17011. The post office does not have a forwarding address for the defendant. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2006 at 2046 hours, she posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Elizabeth Kerrick a/k/a Elizabeth Anne Kerrick a/k/a Annie Kerrick and Karsten H. Kerrick located at 15 Round Hill Road, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Elizabeth Kerrick a/k/a Elizabeth Anne Kerrick a/k/a Annie Kerrick, by regular mail to her last known address of 380 Reagent Street, Camp Hill, P A 17011. This letter was mailed under the date of October 23, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 6, 2006 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to attorney Daniel G. Schmieg on behalf of Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 Market Street, Philadelphia, PA 19103 being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$1163.21. Sheriffs Costs: Docketing 30.00 Poundage 22.81 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library 0.50 Prothonotary 1.00 Mileage 37.84 Certified Mail 1.56 Levy 15.00 ~ . . Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed ~~~ t ,'1' R. Thomas Kline, Sheriff 30,00 491.00 383,06 15.94 25.00 39.50 $1163.21 of\ I \v- ~ \' 6eed oft- $ ?f).oo ,.60 119 ~* 6i1 /.pq9 c~ ,10" I .. PHB MORTGAGE CORPORATION, FfKlA CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION. ELIZABETH KERRICK AfKIA ELIZABETH ANNE KERRICK AfKIA ANNIE KERRICK KARSTEN H. KERRICK NO. 05-5628 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) PHH MORTGAGE CORPORATION. FfK./A CENDANT MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .15 ROUND HILL ROAD. CAMP HILL. P A 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ELIZABETH KERRICK AlK/A ELIZABETH ANNE KERRICK AlK/A ANNIE KERRICK 380 REAGENT STREET CAMP HILL, P A 17011 KARSTEN H. KERRICK 15 ROUND HILL ROAD CAMP HILL, P A 17011 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None t " 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 15 ROUND HILL ROAD CAMP HILL, P A 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 30. 2006 DATE D L. S G, ESQUIRE Attorney for aintiff 02 :E d 828M qOOZ -iid 'AU., 1, I .:1,~ :Ll!lElHS 3iLL :.0 :;~1!.-j PHB MORTGAGE CORPORATION, F/KIA CENDANT MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY No. 05-5628 v. ELIZABETH KERRICK AIKIA ELIZABETH ANNE KERRICK AIKIA ANNIE KERRICK KARSTEN H. KERRICK Defendant( s). June 30, 2006 TO: ELIZABETH KERRICK A/K/A ELIZABETH ANNE KERRICK AJKlA ANNIE KERRICK 380 REAGENT STREET CAMP HILL, P A 17011 KARSTEN H. KERRICK 15 ROUND HILL ROAD CAMP HILL, P A 17011 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at . 15 ROUND HILL ROAD. CAMP HILL. P A 17011. is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $201.969.44 obtained by PHH MORTGAGE CORPORATION. F/K1A CENDANT MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney,) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money: The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DESCRIPTION ALL THAT CERT AlN piece or paroelofbmd situate in East Pennsboro Towoshlp~ Cumborl$ld COUllt)'., Commonwealth ofPcAMYlvani, more particularly !mUDded and described as follows to wit: BEGlNNlNGat a point on the southern line ofRouml Hill Road wbidl point is at the dividing line between Lots Nos. 3 and 4 on Plan of Lots bereiBaftel' mentioned; THENCE Soulb 9 deg,ees 27 minutes 30 seconds East and alons lbe dividing line between Lot No.3 and 4 on Plan of Lots hereinafter mentioned. a di&1aDoe of 1 02. J 7 feet to a powl on tb" Uno of Hollywood :Dovelopmon1; THENCE South 83 degrees 04 minutes Welt and along line of Hollywood Development, a distance of 15,03 .fe8t t08 pohrt at the dividin, line betwem Lors Nos. 2 and 3 on Plan of Lotshenrinaft:8r mentiOlled; TIlENCE North 01 degree 56 minutes West aDd along the dividing line betMJen LQb Nos. 2 and 3 on Plan of Lots htm;inaftet mentioned, a dj~ .of 100 feet to a point on tho southern line of Round Hill Road; nIENCB Nortb 88 degrees 04 minutes East and along 1IIe southern Jme of Round Hill Road, a distaneeof 52.10 reet to A point; THENCE continuing along the somhem line of Round Hill Road and on a curve to 11m Jeft whose radius Is 1 SO fica 8. distaDce of 19.1 feet to a point, the point and place of BEGINNING. BEING Lot No.3 on Plan of Lots known as Part of Country Club PMk which is recorded in the Office of the Recorder of Deeds in. and for Cumberland County in Plan Book 12t page 35. HAVING tbereon erecred a two story brick and frame dwelling with attacbedgange known as and numbered 15 Round Hill Road. Camp HUlt Pennsylvania. BEING THE SAME PREMISES wbich Howard C. Gale Development Co.. In<:.) II Pennsylvania corporation. by deed dat~ October 30. 1962 and recorded October 31. 1962 in the Office of the Recorder of ~d of Cumberland County. ill Deed Book. R.20,Paee 557. gran.ted arid conveyed unto G. Raymond Smel~ Jr. and Marian R. Smeltz, Grantors berein. ,Being PtiTCel # 09...20-18S0-201 TITL~. TO SAID PREMlSiS IS YliSiBD ~. Karsten H. Kerrick and Elizabeth A. Kerrick. husband attd wife, b)'Deedfro$ G.RaYmo~ Smeltz, Jr. and Marian R. Stne~ hU$band and wife,.dated J 1- 2S-02and recorded' 2-2..02 in Deed Book 2$4, Page 3867. J 02 :[ d 82 8nv qUal ",),.:1.("1 lL:,.1 ;,-,;'i;' Id..lUt:,"~f J _:L::liUjHS :;H1 ;~o 381.:1.:10 t . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5628 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, F/KJA CENDANT MORTGAGE CORPORATION, Plaintiff (s) From ELIZABETH KERRICK AlK/A ELIZABETH ANNE KERRICK A/K/A ANNIE KERRICK, KARSTEN H. KERRICK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $196,818.14 L.L. $.50 Interest FROM 10/28/05 TO 3/30/06 (PER DIEM - $33.45) -- $5,151.30 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $168.24 Plaintiff Paid Date: JULY 25, 2006 Other Costs (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ----._, ~ Sii7 ~ ~ ~ Real Estate Sale # 46 On August 29, 2006 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, P A Known and numbered as 15 Round Hill Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 29,2006 By: vtJ~ J~ Real Estate Sergeant b I :E d 8l 9nV ~OOl \(-1')11"".;... ,.i ill"" ~U \ i'cl"l..i..) \.Ji~ "~,:.Juj)~~l;,<, .:l.:lIH3HS ::JHl _:/(J :JJU.:lO ,J. ..... 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever Slllce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SALE #46 ,. . CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA 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 20, October 27 and November 3, 2006 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. SWORN TO AND SUBSCRIBED before me this 3 day of November. 2006 NOTARI SEAL LOIS E. SNYDER. Notary Public Carlisle Boro. Cumberland County My Commission Expires March 5. 2009 REAL ESTATE SALE NO. 46 Writ No. 2005-5628 Civil PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation vs. Elizabeth Kerrick a/k/ a Elizabeth Anne Kerrick a/k/ a Annie Kerrick and Karsten H. Kerrick Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township. Cumberland County, Commonwealth of Pennsyl- vania, more particularly bounded and described as follows to wit: BEGINNING at a point on the southern line of Round Hill Road which point is at the dividing line between Lots Nos. 3 and 4 on Plan of Lots hereinafter mentioned; THENCE South 9 degrees 27 min- utes 30 seconds East and along the dividing line between Lot No. 3 and 4 on Plan of Lois hereinafter men- tioned. a distance of 102.17 feet to a point on the line of Hollywood Development; THENCE South 88 degrees 04 minutes West and along line of Hollywood Development, a ' distance of 85.03 feet to a point at the dividing line between Lots Nos. 2 and 3 on Plan of Lots hereinafter mentioned; THENCE North 01 de- gree 56 minutes West and along the dividing line between Lots Nos. 2 and 3 on Plan of Lots hereinafter mentioned. a distance of 100 feet to a point on the southern line of Round Hill Road; THENCE North 88 degrees 04 minutes East and along the southern line of Round Hill Road. a distance of 52.10 feet to a point; THENCE continuing along the southern line of Round Hill Road and on a curve to the left whose radius is 150 feet a distance of 19.7 feet to a point. the point and place of BEGINNING. BEING Lot No. 3 on Plan of Lots known as Pari of Country Club Park which is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 12, page 35. HAVING thereon erected a two story bIick and frame dwelling with attached garage known as and num- bered 15 Round Hill Road. Camp Hill. Pennsylvania. BEING THE SAME PREMISES which Howard C. Gale Development Co.. Inc.. a Pennsylvania corpora- tion, by deed dated October 30. 1962 and recorded October 31, 1962 in the Office of the Recorder of Deed of Cumberland County, in Deed Book R-20, Page 557. granted and conveyed unto G. Raymond Smeltz. Jr. and Marian R. Smeltz, Grantors herein. Being Parcel # 09-20-1850-207. TITLE TO SAID PREMISES IS VESTED IN Karsten H. Kerrick and Elizabeth A. Kerrick. husband and wife. by Deed from G. Raymond Smeltz. Jr. and Marian R. Smeltz.