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Home My WebLink About06-0385 '. PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 AMERICAN HOME BANK, N.A. 805 ESTELLE DRIVE SUITE 101 LANCASTER,PA 17601-2131 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMO~ PLEAS CIVIL DIVISION TERM CUMBERLAND CO C/~,L ~~ TY v. NO. Ole - 3P5 SUSAN A. HANFT 7 HIDDEN MEADOWS DRIVE CARLISLE,PA 17013 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth i the following pages, you must take action within twenty (20) days after this complaint and notice are s rved, by entering a written appearance personally or by attorney and filing in writing with the cou your defenses or objections to the claims set forth against you. You are warned that if you fail to do so he case may proceed without you and a judgment may be entered against you by the court without fu her notice for any money claimed in the complaint or for any other claim or relief requested by the plai tiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON T HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CA PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE 0 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES 0 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9 I 08 File #: 127208 " File #: 127208 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 ASSUME TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSIO 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 DEB UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. .. I. Plaintiff is AMERICAN HOME BANK, N.A. 805 ESTELLE DRIVE SUITE 101 LANCASTER, PA 17601-2131 2, The name(s) and last known addressees) of the Defendant(s) are: SUSAN A. HANFT 7 HIDDEN MEADOWS DRIVE CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter describ d. 3. On 10/07/2002 mortgagor(s) SUSAN A. HANFT & MICHAEL 1. HANFT, made executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF wh ch mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage ook No. 1777, Page: 4829. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest u on said mortgage due 12/0 I /2004 and each month thereafter are due and unpaid, and by he terms of said mortgage, upon failure of mortgagor to make such payments after a date specifie by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 127208 . 6. The following amounts are due on the mortgage: Principal Balance Interest 11/01/2004 through 01/18/2006 (Per Diem $14.43) Attorney's Fees Cumulative Late Charges 10/07/2002 to 0 I /18/2006 Cost of Suit and Title Search Subtotal $75,258.47 6,406.92 1,250.00 266,10 $ 550.00 $ 83.731.49 Escrow Credit Deficit Subtotal - 952.11 0.00 $- 952.11 TOTAL $ 82,779.38 7. The attorney's fees set forth above are in conformity with the mortgage document and Pennsylvania law, and will be collected in the event of a third party purchaser at heriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be cha ged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeow er's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Noti e of Default as required by the mortgage document, as applicable, have been sent to the Defenda t(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has te inated 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 Hous'ng Finance Agency. 9. This action does not corne under Act 6 of 1974 because the original mortgage am unt exceeds $50,000. 10. This action does not corne under Act 91 of 1983 because the mortgage premises i not the principal residence ofDefendant(s). 11. By virtue of the death of MICHAEL J. HANFT on 08/11/2004, Defendant beca sole owner of the mortgaged premises as surviving tenant by the entireties or surviving joint ten nt with right of survivorship. 12. Plaintiff hereby releases MICHAEL J. HANFT from liability for the debt secured y the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in t e sum of $ 82,779.38, together with interest from 01/18/2006 at the rate of $14.43 per diem to the te of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and s Ie of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: IslFrancis S, Hallinan LAWRENCE T, PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 127208 . LEGAL DESCRIPTION ALL THA T CERTAIN dwelling unit situated in Willaway Condominium, South Middleton Township, Cumberland County, Pennsylvania, designated as Unit No.6 (also known as 310 Fairview Street, !South Middleton Township, Cumberland County, Pennsylvania), in the Declaration and By Laws for Willaway Co~dominium, dated March 21,1986 and recorded June 25,1986, in the Office of the Recorder of Deeds of Cum berl a d County Misc. Book 319, Page 591, under the provisions of the Unit Property Act of the Commonwealth of Penn sylva ia (Act ofJuly 3, 1963, P.L. No. 196). TOGETHER with all right oftide and interest, in and to the Common Elements as more ully set forth in the aforesaid Declaration of Condominium and By Laws of Willa way Condominium, as amended fro time to time. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, reservations, conditions covenants, easements and rights-of-way of prior record. BEING the same premises which James J. Collins and Pamela K. Collins, husband and ife, by their deed dated December 5, 1995, and recorded on November 18, 1997 in the Office of the Recorder of Deeds i and for Cumberland County in Deed Book 167 at Page 1105, granted and conveyed to Michael J. Hanft, Grantor herei PROPERTY BEING: 310 FAIRVIEW STREET File #: 127208 ~ VERTFTCA TTON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney fo PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verific tion could not be obtained within the time allowed for the filing on the pleading, that he is authoriz to make this verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the ti regoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff an are true and correct to the best of his knowledge, information and belief. Furthermore, it is co eI'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 falsification to authorities. ~) AU. FRANCIS S. HALLINAN, ES UIRE Attorney for Plaintiff DATE: ~ p .jq.. ~ '1 10 Cr\ lrt - -2:: C 4 ~ .J w V\ - ..t) ?- }.J "'0 ().J C ~ r - .~ :_0. __,_\ . ~'"I~ .-;- (,- , e.." {;, _...1 SHERIFF'S RETURN - REGULAR CASE NO: 2006-00385 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN HOME BANK NA VS HANFT SUSAN A RONALD KERR Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT. MORT FORE was served upon HANFT SUSAN A the DEFENDANT , at 1300:00 HOURS, on the 3rd day of February 2006 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to SUSAN A HANFT 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 .00 .00 10.00 .00 28.00 r~~ R. Thomas Kline Sworn and Subscribed to before me this 7 oe: day of 02/03/2006 PHELAN HALLINAN SCHMIEG By: /J /. j~h,L , Deputy Sheriff A.D. . 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 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 AMERICAN HOME BANK, N.A. 805 ESTELLE DRIVE, SUITE 101 LANCASTER, PA 17601-2131 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 2006-00385 SUSAN A. HANFT Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against SUSAN A. HANFT and, Defendant( s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 1/19/06 to 3/20/06 TOTAL $82,779.38 $880.23 $83,659.61 I hereby certifY that (I) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~ J -.J~ DANIEL G. SCHMIEG, ES~ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. _ ~ DATE: ('f?';:Jf}J ;21 ;)..(y;i~ 1r<;,1(]/u?--hi J2 -~_ I ROPROTHY ~ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF AMERICAN HOME BANK, N.A. 805 ESTELLE DRIVE, SillTE 101 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 2006-00385 SUSAN A. HANFT Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SUSAN A. HANFT is over 18 years of age and resides at, 310 FAIRVIEW STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~ JJ. --1~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff . PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S, Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (215) 563-7000 AMERICAN HOME BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY SUSAN A. HANFT Defendants : NO. 06-385-CIVIL TERM TO: SUSAN A. HANFT 310 FAIRVIEW STREET CARLISLE, PA 17013 DATE OF NOTICE: FEBRUARY 24. 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ~.J~ /!kft~ FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff (; ~ ~ ~ \lJ -;::J \l:- --- -:;: In ~ .~ F D ~ ~~ Q t~ ~t --l... ...._'1 ~.::? <..-::l ~-.;.-' ::?: - , ;::; ('~ - 2,'''. _.,~ o -11 -I -;::r:. '"Ii (1.1("::- ....-' 1\\ \~}(~~\ " ,,--:::,-~ ';,.(") 7_:-,Cn ~:"-~,\ T" :3. - - .'c Ci" . . (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW AMERICAN HOME BANK, N.A. 805 ESTELLE DRIVE, SUITE 101 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 2006-00385 SUSAN A. HANFT Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on (I?';1nc..l....J.! 20010. By M-~:Lr ~ If you have any questions concerning this matter, please contact: 1J~Jj~s DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD" SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE 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." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 AMERICAN HOME BANK, N.A. Plaintiff, v. No. 2006-00385 SUSAN A. HANFT Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $83,659.61 Interest from 3/20/06 to SEPTEMBER 6, 2006 (per diem -$13.75) $2,337.50 and Costs TOTAL $85,997.11 'JJa~ Jj J~ DANIEL G. SCHMIEG, ES IRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 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. ~ <t S ~.... ... o~ 5 ~~ ~ ~~ ~;>< ~ ~a ~r:n .;. ~ ~~ ~~ o~ ~ ~ o ~ ... .. ~~ ;0 ::c ;~ ~ .;, .1; ~~ 0'" " u~ 0 ~ i%.E!' \00<5 p:: o .. r:n \00< 0 Ou ~ ;;l r.l-6 ~p r:n ~ ~ 5~ u u-a ~ ~ ~~ <t ~ ...~ ~5 '" ..... Q r- ..... <t ~ ~ ..;1 r:n .... ~ U . ... r.l- . ~ ~\::: ... .~ r:n jj ',. ~ - r.l- ~9u .... \$ ~ ~?i ':( 8 \00< ~~ ~ ~ :a ~ .~ 1M -6 " b <1> " .D % <1> ~ It to. " ~ .D ~ if, <1> " ~ ~ '1 \.;J J1 --t- , - c:: " , -- ~ ";;r --0 - l/) , - - -.I ~ - - a ~ \: <:::) -1 \)-- t'- ~J '" ::: '" -- c;:) :. ~ (.:J ., 121 --J it .- r- \ ".,..-' () a ~ 11 ,~;",: <J <) (; (J () (Y.. <J - , C) ,':T\ <J Cl l/l G lJ) "\:7]- 'br .. ",.~ Vi \'(, () "'" ~ (j' ~ -- 'C -, ~: "t)- O}, 'L. (') WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-385 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN HOME BANK, N.A., Plaintiff (s) From SUSAN A. HANFT (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: Amount Due $83,659.61 L.L. $.50 i I I I I \ I I I I and to notify the garnishee(s) that: (a) an attachment has heen 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. Interest FROM 3/20/06 TO 9/6/06 (PER DIEM - $13.75) -- $2,337.50 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $110.00 Plaintiff Paid Date: MARCH 29, 2006 Other Costs (Seal) fttA' ~, -- prothonot~7 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 '. ,Jill.cr. "-<:;7;).-r;~ --_-.'. /::J:~-'" .~'l" DESCRIPTION ALL THAT CERTAIN dwelling unit situate in Willaway Condominium, South Middleton Township, Cumberland County, Pennsylvania, designated as Unit No.6 (also known as 310 Fairview Street, South Middleton Township, Cumberland County, Pennsylvania), in the Declaration and By Laws for Willaway Condominium, dated March 21,1986 and recorded June 25, 1986, in the Office of the Recorder of Deeds of Cumberland Comty Mis. Book 319, page 591, under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. 196) BEING Parcel Number 40-23-0594-049. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michael J.Hanft and Susan A. Hanft, husband and wife, by Deed from Michael J. Hanft, married man, dated 3-9-98 and recorded 3-11-98 in Deed Book 173, page 400. PREMISES BEING: 310 FAIRVIEW STREET, CARLISLE, PA 17013 ~ , , .;.' .. PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF AMERICAN HOME BANK, N.A. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION SUSAN A. HANFT NO. 2006-00385 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: o 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. fr~JiJJl ' DANIEL G. SCHMIEG, ~UIRE Attorney for Plaintiff -..-\ ~~ ,. 1\"1 ~'.) ....;:.:' C;:'l C .. AMERICAN HOME BANK, N.A. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. SUSAN A. HANFT CIVIL DIVISION Defendant(s). NO. 2006-00385 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) AMERICAN HOME BANK. N.A., 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 ,310 FAIRVIEW STREET, CARLISLE, PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Narne Last Known Address (if address cannot be reasonably ascertained, please indicate) SUSAN A. HANFT 310 FAlRVIEW STREET CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE MCLEAN, VA 22102 RAYMOND & SUSAN DIEHL 401 MYERS ROAD BOILING SPRINGS, PA 17007 , .. 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) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR SIB MORTGAGE CO. 1250 RT. 28 BRANCHBURG, NJ 08876 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) TenanUOccupant 310 FAIRVIEW STREET CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 Nortb 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. March 27. 2006 DATE JYwwJ Ji J c.-L DANIEL G. SCHMIEG, ES6UIRE Attorney for Plaintiff Ci ,.--..., '.~h ~".j 0) -'- (":;J cP 1 AMERICAN HOME BANK, N.A. Plaintiff, CUMBERLAND COUNTY v. No. 2006-00385 SUSAN A. HANFT Defendant(s). March 27, 2006 TO: SUSAN A. HANFT 310 FAIRVIEW STREET CARLISLE, P A 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THA T 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, 310 FAlRVIEW STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 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 $83,659.61 obtained by AMERICAN HOME BANK. N.A. (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 To prevent this Sheriffs Sale, you must take immediate action: YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE I. 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 througb other legal proceedings. , You may need an attorney to assert your rigbts. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the higbest 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 througb only ifthe buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the rigbt 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. IMPORT ANT 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 A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 , ....~' '_'_1--~.....-_q-A - ',- .<}~"- '~4:":'-- DESCRIPTION ALL THAT CERTAIN dwelling unit situate in Willaway Condominium, South Middleton Township, Cumberland County, Pennsylvania, designated as Unit No. 6 (also known as 310 Fairview Street, South Middleton Township, Cumberland County, Pennsylvania), in the Declaration and By Laws for WilIaway Condominium, dated March 21, 1986 and recorded June 25, 1986, in the Office of the Recorder of Deeds of Cumberland COlmty Mis. Book 319, page 591, under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. (96) BEING Parcel Number 40-23-0594-049. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michael I.Hanft and Susan A. Hanft, husband and wife, by Deed from Michael J. Hanft, married man, dated 3-9-98 and recorded 3-11-98 in Deed Book 173, page 400. PREMISES BEING: 310 FAIRVIEW STREET, CARLISLE, PA 17013 ~ .,-' .. n ,'- ~~ c'":' . ~, ej' (:~) -';"1 --.-\ ?~ IV l.L1 \---1 (..'~' '," i~~ AFFIDAVIT OF SERVICE PLAINTIFF AMERICAN HOME BANK, N.A. CUMBERLAND COUNTY PMB No. 2006-00385 DEFENDANT(S) SUSAN A. HANFT ACCT. #10405 SERVE SUSAN A. HANFT AT 905 GLENDALE COURT CARLISLE, PA 17013 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 6, 2006 Served and made known to S' L..,S Ct...... A. at tf.'Lf I . o'c!oCk{2.m., at q 0 S- SERVED f.JQ.f\..( .r , Defendant, on the e; le",c!"l~ Ct- 28' day of .A.Il a v . 2<X4 , Commonwealth of Pennsylvania. in the manner described below: v-Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in cbarge ofDefendant(s)'s office or usual place ofbnsiness. an officer of said Defendant( s)'s company. Other: Description: Age'tr.J~ Height .'$"" Weight 1)0 RaceJt!.L.SexL Other I, \) C. V,' ~ eo I. (/'to.!' . a competent adult, being duly sworn aecording to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case"on the date and at the address indicated above. Sworn to and SUbs~d before me this '2c da~V~ ~ota~~~'toII:t~~~ ~ PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the __ day of . 200_. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant I" Attempt: 3rd Attempt: I I Time: 2nd Attempt: I I Time: I I Time: Sworn to and subscribed before me this _ day of . 200 _' Notary: By: Attornev for Plainliff Daniel G. Schmieg, Esquire - I.D. No. 62205 /7 of 0 A ~, . ~ (') ......,. 0 = s:' c:? -11 0' .-1 ,', c_~ ~- c: ...;- " n1 F -Clm :)'jCJ (.,) ~~.2 (,~) ..~-"'~ "',~ :r; -.'"' ;:}?") --... <=("11 S! 0 :-n 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 American Home Bank, N.A. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Susan A. Hanft No, 06-385 Civil Term Defendant 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 January 20, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on March 21,2006 in the amount of$83,659.61. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. The Property is listed for Sheriff's Sale on September 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. 4. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 9/6/06 Per Diem $14.43 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections AppraisallBPO MIP/PMI NSF SuspenselMisc. Credits Escrow Deficit $75,258.47 9,309.38 292.71 1,675.00 1,317.00 1,428.00 942.43 0.00 0.00 0.00 -282.23 867.22 TOTAL 590,807.98 5. The judgment fonnerly entered is insufficient to satisfY the amounts due on the Mortgage. 6. 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 Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested, Date: '1 Phelan Hallinan & Schmieg, LLP By: ::0 Michele M. Bndford, 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 American Home Bank., N .A, ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Susan A. Hanft No. 06-385 Civil Term Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendant 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. Plaintiff's Note was secured by a Mortgage on the Property located at 310 Fairview Street, Carlisle, PA 17013. 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, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action, Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriff's Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. L____ ll. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date ofthe impending Sheriff's sale has been requested, ill. 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, Plaintiff's 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. IV. 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). The provision of the Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fetner. the Superior Court held that an attorney's fee often percent ofthe 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 ] 120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. v. 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 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 ajudgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich. the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct ajudgmentto confonn to the facts ofa case. 257 Pa. Super. 157,390 A.2d 276 (1978). In the within case, the amount ofthe original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 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. DATE:~ By: Phelan Halli~-::n Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Dl. -Y-S {l,"ulT~ CUMBERLAND COUNTY PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ., [d. No. 32227 FRANCIS S. HALLlNAN, ESQ., [d, No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, P A 19103 (215) 563-7000 AMERICAN HOME BANK, N.A. 805 ESTELLE DRIVE SUITE 101 LANCASTER, PA 17601-2131 ATTORNEY FOR PLAINTIFF Plaintiff v. SUSAN A. HANFT 7 HIDDEN MEADOWS DRIVE CARLISLE, P A 17013 o ~ Defendant c = :<;: C7' -UL7 C- CIVIL ACTION - LAW rnn :;> COMPLAINT IN MORTGAGE FORECLOSURE :;: ;.:: ~ 0J:' 0 NOTICE ~. ~E;: c: 5; You have been sued in court. If you wish to defend against the claims set forth in the:~wi~ pages, you must take action within twenty (20) days after this complaint and notice are served, ~ U1 entering a written appearance personally or by attorney and filing in writing with the court your &fen~ or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A 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 HtRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 We herp.b" certify the t"JiulHl to be a true and correct copy of the original filed of record FEDERMAN AND PHELAN FEDERMA~ AND PHELAN ATTORNEY FilE COPY PLEASE RETURN File #: 127208 o ." --I III fill -U f.IlJ' :0 \, 06 ::;:!,; r5:TI z'- 0 6iT~ ~ ~ PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S, HALLINAN, ESQ., Id, No, 62695 ONE PENN CENTER PLAZA, SUITE 1400 PlllLADELPIDA, P A 19103 (215) 563-7000 AMERICAN HOME BANK, N.A. 805 ESTELLE DRIVE SUITE 101 LANCASTER, PA 17601-2131 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY v. SUSAN A. HANFT 7 IDDDEN MEADOWS DRIVE CARLISLE, PA 17013 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING ALA WYER. 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 ELIGmLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PAl 70 I3 (800)990-9 I 08 File #: 127208 File #: 127208 IF mIS IS mE FIRST NOTICE mAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED mAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1, Plaintiff is AMERICAN HOME BANK, N.A. 805 ESTELLE DRIVE SUITE 101 LANCASTER, PA 17601-2131 2. The name(s) and last known address(es) of the Defendant(s) are: SUSAN A. HANFT 7 HIDDEN MEADOWS DRIVE CARLISLE, PA 17013 who islare the mortgagor(s) and real owner(s) ofthe property hereinafter described. 3. On 10/07/2002 mortgagor(s) SUSAN A. BANFf & MICHAEL 1. BANFf, 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, 1777, Page: 4829. 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 12/0112004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 127208 6. The following amounts are due on the mortgage: Principal Balance Interest 11101/2004 through 01/1812006 (Per Diem $14.43) Attorney's Fees Cumulative Late Charges 10/07/2002 to 01118/2006 Cost of Suit and Title Search Subtotal $75,258.47 6,406.92 1,250.00 266.10 $ 550.00 $ 83,731.49 Escrow Credit Deficit Subtotal TOTAL - 952.11 0.00 $- 952.11 $ 82,779.38 7. The attorney's fees set forth above are in confonnity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention 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 tenninated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave 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 $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). II. By virtue of the death of MICHAEL J. HANFT on 08/1112004, Defendant became sole owner of the mortgaged premises as surviving tenant by the entireties or surviving joint tenant with right of survivorship. 12. Plaintiff hereby releases MICHAEL J. HANFT from liability for the debt secured by the mortgage, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 82,779.38, together with interest from 01/18/2006 at the rate of$14.43 per diem to the date ofJudgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMlEG, LLP By: /slFrancis S. Hallinan LA WRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 127208 LEGAL DESCRIPTION ALL THAT CERTAIN dwelling unit situated in Willaway Condominium, South Middleton Township, Cumberland County, Pennsylvania, designated as Unit No.6 (also known as 310 Fairview Street, South Middleton Township, Cumberland County, Pennsylvania), in the Declaration and By Laws for WilIaway Condominium, dated March 21, 1986 and recorded June 25, 1986, in the Office of the Recorder of Deeds of Cumberland County Misc. Book 319, Page 591, under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P,L. No. 196). TOGETHER with all right of title and interest, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and By Laws of WilIaway Condominium, as amended from time to time. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, reservations, conditions, covenants, easements and rights-of-way of prior record. BEING the same premises which James J. Collins and Pamela K. Collins, husband and wife, by their deed dated December 5, 1995, and recorded on November 18, 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 167 at Page 1105, granted and conveyed to Michael J. Hanft, Grantor herein. PROPERTY BEING: 310 F AIRVIEW STREET File #: 127208 VF.RTFlCATlON FRANCIS S, HALLINAN, ESQUlRE 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 on 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 his 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 falsification to authorities, ~)~ FRANCIS S, HALLINAN, ESQUIRE Attorney for Plaintiff DAm ~ Exhibit "B" ;i 1/ PiIELAN BALLIN~ & 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 PHlLADELPIllA, PA 19103-1814 (215) 563-7000 AMERICAN HOME BANK, N.A. 805 ESTELLE DRIVE, SUITE 101 LANCASTER, PA 17601-2131 Plaintiff, C) ~ CUMBERLAND coJIIiy ~ ~ COURT OF COMM@)>>LQS :r! ::;.-..u :::0 01:n Zr- r- UJ }:. 1'\,)'"'Of:q CML DIVISION ~e:; - ~6 NO. 2006-00385 !ice.:) ~ iSI:J .):> .J :;0-0 C' :::: om ~ ;;.. ~ 0'\ -< v. SUSAN A. BANFf Defendant(s). ATTORNEY fiLE CUpy PlEASE RETURN PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against SUSAN A. BANFf and. Defendant(s) for failure to file an Answer to Plaintifrs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintifrs damages as follows: As set forth in Complaint Interest from 1/19/06 to 3/20/06 TOTAL $82,779.38 $880.23 $83,659.61 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. ATTORNEY FILE GOPY . PLEASE RETURN ~JiJ~ DANIEL G, SCHMIEG, ES~ Attorney for Plaintiff DAMAGES ARE HEREBY AsSESSED M INDICATED. ~ ~ ~ DATE: fY{';1~d.I.aa>b if! . , , PRO PROTHY _ ~ 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:~ Phelan Hallinan & Schmieg, LLP "- By: ~ Michele M. Bradford, Es~ Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Arty, J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 American Home Bank, N,A. A TIORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs, Cumberland County Susan A. Hanft No, 06-385 Civil Term Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief in Support thereof were sent to the following individual on the date indicated below. Susan A. Hanft 310 Fairview Street Carlisle, P A 17013 Susan A. Hanft 905 Glendale Court Carlisle, P A 17013 Susan A. Hanft 7 Hidden Meadows Drive Carlisle, PAl 70 13 DATE:~W Phelan Hallinan & Schmieg, LLP By: ~iChele M. Bradford, Ese Attorney for Plaintiff 1"',' '"~':'I -n , "- ::::1 i-i f'.' -- ('--~ ," '-' \,.:.:} -, . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME BANK, N.A. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v, CIVIL DIVISION SUSAN A. HANFT Defendant(s). NO. 06-00385 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUlRE, attorney for AMERICAN HOME BANK, N.A hereby verifies that on MARCH 28, 2006 AND MAY 18,2006 true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded lienholder(s) and any known interested party. '-i) LA-- ~ DANIEL G. SCHMIEG, ESQUIRE) Attorney for Plaintiff Date: JULY 25,2006 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 gg - - - - - - ~ 00 ~ ~ "'z VI ~ I.U N - 0 il ~s, I ~"''''!ft .8 ~t I fIl!::l- s: "'5!; - wl"gft' 8. .[a.S (/) -" 8 ;:. ~ 2.0:5 ~~ii~ .~. K r [~.~~ 1;;' It ~ i' g.jl ~ &;.8 Ilif!~a' s,1i'~g8- 8~~i~ ~ '^. flt- "!1!tli ~ I.~g. ~. 18. [ .: If !i~l. ~Xil i~ I ii !i.cr -~. 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'r::~:r, Ib-l'--. , _u ~~.> '~, 'f+:;5' ....:J' 'I.: y;: if'.. 6.t-'\fSPOsr...... ~~ ~ ~ II. ':';a...... ~. . ! ~ _ I'I1MY BOWES 02 1A $ 00.950 -0004309825 MAY18 2006 MAILED FROM Z1PCO~ 19103 l' ~ ~. ~ n CD z c 3 a CD ~ o>~ ....=-~ 00=-13 ~ .. ~ 1:1 ~ ~ l:l.fIlI:I ~ l:l. '1:1.....0'1:1 g;~~~ ~-...]'1:1 g......ot""" -g:g.S~ ~''TJ (')~ ~ . 0 'i:l~:a >g~t""" -::s~t:::l \Oo....~ -o.en~ 0'< s:: \ftIlO" ;:;;ga.~ .....-j:>) ~o::s ~jg~~ 00 en g ..,S:: ~~ 9 oo+>- t""" (')0 b = 0 . o ;c ~ ~ t'!j ~ ; If ,.. . .. l""<) ,;:- ) "i~ L.:,:-" :.. ........ i~.,) Cl r~",,) f....,..;~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA American Home Bank, N.A. Court of Common Pleas Plaintiff Civil Division vs, Cumberland County Defendant No. 06-385 Civil Term Susan A. Hanft RULE AND NOW, this 3/' day of 1 "7 2006, a Rule is entered upon the ~~ JUl 2 5 20{1 Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. d~.1 ~ E1ay sf .I"C/"V'1t.,.&.... . Z-o Rule Returnable en th" 1006. at Cnmnprl$lRa CVI.lUlY COurdlOUSt::, CwUsh:, Pt:IlIlsylvan1a. BY THE COURT, . / r4/~ ~D\.p ~.~ o In the J. "' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 American Home Bank, N,A. Court of Common Pleas Plaintiff Civil Division vs, Cumberland County Susan A. Hanft No, 06-385 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 20 days after service has been served upon the following persons: Susan A, Hanft 310 F airview Street Carlisle, P A 17013 Susan A. Hanft 905 Glendale Court Carlisle, PA 17013 Susan A. Hanft 7 Hidden Meadows Drive Carlisle, PA 17013 PHELAN HALLINAN & SC Michele M. Bradford, Attorney for Plaintiff Date: --' &1 I By: g ~ -OeD rpn\ Z::1-;,' 'Z\.;, (A,s.'-,- 2c <<:: ~G .""U ''PC :z ~ ~ ~ ~ (i") !;;\ ~::lJ ~~ :. i - 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 Sheriff's Deed in which American Home Bank N A is the grantee the same having been sold to said grantee on the 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 29th day of March, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 385, at the suit of American Home Bank N A against Susan A Hanft is duly recorded in Deed Book No. 276, Page 3791. and seal of said office this ~ IN TESTIMONY WHEREOF, I have hereunto set my hand d1r ,A.D.;2()O C day of County. CIdIIt. PA III FiIlMalldlyol__ American Home Bank, N.A. VS Susan A. Hanft In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-385 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 6,2006 at 12:48 o'clock P.M., he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Susan A. Hanft, by making known unto Susan A, Hanft personally, at 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania, 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on June 30,2006 at I :54 o'clock P.M" he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Susan A. Hanft located at 310 Fairview Street, Carlisle, Pennsylvania, 17013 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: Susan A. Hanft, by regular mail to her last known address of 31 0 Fairview Street, Carlisle, Pennsylvania, 17013. This letter was mailed under the date of July 12, 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 September 06,2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for American Home Bank, N.A. It being the best and highest bid, American Home Bank, N.A., of805 Estelle Drive, Suite 101, Lancaster, PA 17601-2131 being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $739.41. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge $30.00 14,50 15.00 15.00 30.00 10.00 .50 1.00 4.40 15.00 20,00 . ' Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 233.00 267.20 19.31 25,00 39.50 $ 739.41./ ID //)~ I \)(., 4- So Answers: ~~~ i R. Thomas Kline, ~e~ff BY iO~ ,\IYUl~ Real-Estate Sergeant ~~ (Ji> ~ IY '1?!) I. .. r'1.f ( I tit.... :, -' dCu, J r '3 cr 1'1 r' . . ,.,. AMERICAN HOME BANK, N.A. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS SUSAN A. HANFT CIVIL DIVISION Defendant(s). NO, 2006-00385 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) AMERICAN HOME BANK. N.A., 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 .310 FAIRVIEW STREET. CARLISLE. P A 17013 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SUSAN A. HANFf 310 FAIRVIEW STREET CARLISLE, P A 17013 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) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE MCLEAN, VA 22102 RAYMOND & SUSAN DIEHL 401 MYERS ROAD BOILING SPRINGS, PA 17007 . . . . 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) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR SIB MORTGAGE CO. 1250 RT. 28 BRANCHBURG, NJ 08876 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 pther 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 310 FAIRVIEW STREET CARLISLE, P A 17013 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. e.S. Sec. 4904 relating to unsworn falsification to authorities. March 27. 2006 DATE :JI~Ji J~ DANIEL G. SCHMIEG, ES DIRE Attorney for Plaintiff , , ... . AMERICAN HOME BANK, N.A. Plaintiff, CUMBERLAND COUNTY v. No. 2006-00385 SUSAN A. HANFT Defendant( s). March 27,2006 TO: SUSAN A. HANFT 310 FAIRVIEW STREET CARLISLE, P A 17013 **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. 310 FAIRVIEW STREET. CARLISLE. PA 17013. is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 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 $83.659.61 obtained by AMERICAN HOME BANK. N.A. (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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you, 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution 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 TillS 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 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ., . ~'_h"_ -;"...... .'t "''',;,{'>;rr. ,'- .~:.)t~,~:' .~.,.. .~' '.~ '. ...- DESCRIPTION ALL THAT CERTAIN dwelling unit situate in Willaway Condominium. South Middleton Township, Cumberland County, Pennsylvania, designated as Unit No, 6 (also known as 310 Fairview Street, South Middleton Township, Cumberland County, Pennsylvania), in the Declaration and By Laws for Willaway Condominium, dated March 21, 1986 and recorded June 25, 1986, in the Office of the Recorder of Deeds ofCwnberland County Mis. Book 319, page 591, under the provisions of the Unit Property Act of tbe Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. 196) BEING Parcel Number 40-23-0594-049. RECORD OwNER TITLE TO SAID PREMISES IS VESTED IN Michael J.Hanft and Susan A. Hanft, husband and wife, by Deed from Michael J. Hanft, married man, dated 3-9-98 and recorded 3-11-98 in Deed Book 173, page 400, PREMISES BEING: 310 FAIRVIEW STREET, CARLISLE, PA 17013 ;.;--1. .. , . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 06-385 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN HOME BANK, N,A" Plaintiff (s) From SUSAN A. HANFT (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 $83,659.61 L.L. $,50 Interest FROM 3/20/06 TO 9/6/06 (PER DIEM - $13.75) -- $2,337.50 AND COSTS Arty's Corom % Due Prothy $1.00 Arty Paid $110.00 Other Costs Plaintiff Paid (Seal) t1' ~- pitho~ By: Date: MARCH 29, 2006 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 ~~~~ ~~ Real Estate Sale # 19 On May 16, 2006 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, P A Known and numbered as 310 Fairview Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein, Date: May 16, 2006 By: \J6~~~ Real Es~te Sergeant E S :Z d t I HdV qUUl Vd 'AINnOJ [WV1(jj8~n3 .:L:U~3HS 3Hl .:10 3JU.:lO , . .I .' 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 smce; 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 19th and 26th day(s) of July and the 2nd day(s) of August 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#19 REAL.... IAU NO.1. ... .......... CIwII..... AnlertcM.Home ... N.A. Va ..... A. HMft My; DenIeI SchmIeg DdCIW'lJON , AU THAT. rr c;JflI'AIH dwelliD<< unil siIuab: in ~ ~ Soulh Middleton T~ 0""""" Caaaty. Pamsymoia, cIIsipIbl II Uair~ 6, ~ __ , . ':. ~aIso m-. . lIS 310 .-- -- --..... MiddIetoo. TOWIIIiIip = C~....Pe._aIIII)'I.na). in ~ liDd ..,....... for . Willany ('~.. .... MIIdJ 21. 19lI6 aod rec:uded1lme 25,)986, ia die 0IIice of die RecooIrz of Deeck of 0m0h..I.. Couaty Mis. ~ 319~ JIlIIe 591'lIIIderdle ~ Dfrbe \fait ^ AGel, of CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 . 'l " . I PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: July 21, July 28, and August 4,2006 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 4 day of August. 2006 NOTARIAL SEAL LOIS E. SNYDER, Notary P,;blic Carlisle Bore, Cumberland County My Commission Expires March 5, 200S! REAL ESTATE SALE NO, 19 Writ No. 2006-385 Civil American Home Bank, N.A. vs. Susan A Hanft Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN dwelling unit situate in Willaway Condominium, South Middleton Township, Cumberland County, Pennsylvania, designated as Unit No.6 (also known as 310 Fairview Street, South Middleton Township, Cumberland County, Pennsylvania), in the Dec- laration and By Laws for Willaway Condominium, dated March 21, 1986 and recorded June 25, 1986, in the Office of the Recorder of Deeds of Cumberland County Mis. Book 319, page 591, under the pro- visions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. 196). BEING Parcel Number 40-23- 0594-049. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michael J, Hanft and Susan A Hanft, husband and wife, by Deed from Michael J. Hanft, married man, dated 3-9-98 and re- corded 3-11-98 in Deed Book 173, page 400. PREMISES BEING: 310 Fairview Street, Carlisle, PA 17013. ,...,"--..",..,.-.-..---.-..,.,.,