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HomeMy WebLinkAbout06-1900 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 \JJ232 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM . NO. OLe - NDD ClU~C-r S2J.j CUMBERLAND COUNTY v. KEVIN J. MILES JUDY M. MILES 6 BELTSVILLE DRIVE MECHANICSBURG, PA 17055 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 LA WYER, THIS OFFICE MAY BE 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, PA 17013 (800)990-9108 File #: 133232 hie #: \JJ2l2 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 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 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 2. The name(s) and last known addressees) ofthe Defendant(s) are: KEVIN J. MILES mDY M. MILES 6 BELTSVILLE DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On OS/27/2004 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. 1870, Page: 728. 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 09/01/2005 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 #: 133232 . 6. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2005 through 03/30/2006 (Per Diem $19.23) Attorney's Fees Cumulative Late Charges OS/27/2004 to 03/30/2006 Cost of Suit and Title Search Subtotal $122,048. I 7 4,653.66 1,250.00 196.20 $ 550.00 $ 128,698.03 Escrow Credit Deficit Subtotal 0.00 217.47 $ 217.47 TOTAL $ 128,915.50 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 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 terminated because Defendant(s) has/have 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $128,915.50, together with interest from 03/30/2006 at the rate of $19.23 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, LLP ].~ ~ )~ By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 133232 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel ofland and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and the Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Western side of Bourbon Red Drive, at corner of Lot No. 56 on the hereinafter mentioned plan oflots; thence along line of Lot No. 56, South 73 degrees 20 minutes 00 seconds West, a distance of 160.00 feet to a point; thence along line of lands now or formerly of Allenview Inc., South 16 degrees 40 minutes 00 seconds East, a distance of 115.00 feet to a point on the North side of Beltsville Drive; thence along Beltsville Drive, North 73 degrees 20 minutes 00 seconds East, a distance of 130.00 feet to a point; thence along a curve connecting the Northern line of Beltsville Drive with the Western line of Bourbon Red Drive having a radius of30.00 feet, an arc length of 47. I 2 feet to a point on the Western side of Bourbon Red Drive, thence along Bourbon Red Drive, North 16 degrees 40 minutes 00 seconds West, a distance of25.00 feet to a point at the corner of Lot No. 56, the place of BEGINNING. BEING Lot No. 57 as shown on the Final Major Subdivision Plan of Konhaus Estates, Section II, Phase 3, as recorded June 24, 1994 in the Recorder's Office in and for Cumberland County, Pennsylvania in Plan Book 68, Page 39. BEING THE SAME PREMISES WHICH Joseph L. Wilkerson, Jr. and Terri L. Wilkerson, husband and wife, by deed dated April 28, 1997 and recorded July 14, 1997, in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Record Book 160, page 1034, granted and conveyed unto Spencer Todd Videon and Virginia Anne Videon, husband and wife, Grantors herein. PROPERTY BEING: 6 BELTSVILLE DRIVE File #: 133232 VRRTFWATTON 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 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. ~ / VI. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~ r (::J --tQ 1 U( if( --t lr( '-.. GS D ~ f'- :;s ~ ?0 .-Q ------ ~ ~ '---< r::::.? ,_j C:' "-n ~:~ :-j -. :~I.-B ,,' , v ~ .' (.) "--,. ,..::~~) '..0'" :......,;: vi . 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 BL YD., SffiTE 1400 PHILADELPIDA, P A 19103-1814 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAND DRIVE JACKSONVILLE, FL 32258-4455 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DMSlON v. NO. 06-1900 KEVIN J. MILES JUDY M. MILES 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 KEVIN J. MILES and JUDY M. MILES, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 3/31/06 to 5/16/06 TOTAL $128,915.50 $884.58 $129,800.08 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: rrb;y f~ ::LDob PRO 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 PHlLADELPIDA,PA 19103-1814 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-1900 KEVIN J. MILES JUDY M. MILES 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 of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant KEVIN J. MILES is over 18 years of age and resides at, 6 BELTSVILLE DRIVE, MECHANICSBURG, P A 17055 . (c) that defendant JUDY M. MILES is over 18 years of age, and resides at, 6 BELTSVILLE DRIVE, MECHANICSBURG, P A 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. P lA..- c:,.-J>.- DANIEL G. SCHMIEG, ESQul)E Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PAl 9 I 03 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INe. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY KEVIN J. MILES JUDY M. MILES : NO. 06-1900-CIVIL TERM Defendants TO: KEVIN J. MILES 6 BELTSVILLE DRIVE MECHANICSBURG, PA 17055 FILE COpy DATE OF NOTICE: APRIL 27. 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.lF 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MA Y LOSE YOUR PROPERTY OR OTHER IMPORT ANT 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 LA WYER, 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. CUMBERLAND COUNTY LA WYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PAl 9 I 03 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INC. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY KEVIN J. MILES JUDY M. MILES : NO. 06-I900-CIVIL TERM Defendants TO: JUDY M. MILES 6 BELTSVILLE DRIVE MECHANICSBURGP A 17055 f'LE COPl DATE OF NOTICE: APRIL 27. 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. IMPORT ANT 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT 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 LA WYER, 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 ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PAl 70 13 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff -f.s. ~ 0 ~ g g ~ C: ~ C> 0' ~::r1 ~.- :;1C <> -OeD ~ ~ mrr. :'8~ ~"7 ,.!""', ~ ~..-- - zr~_ ~ (f) i ...J ~::~t, - '<.. ~.,- ..(', S ~t~, ...,-n ~ ~ 9~ ~ f{,Cj -- Or ~ D J;> C~ F2 =4 ~ ~ .r-.. ~ w ~ ~ s:- IlS -..0 t- ~. '------., ~.~ (" . ' . (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DMSlON v. NO. 06-1900 KEVIN J. MILES JUDY M. MILES Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on fYl;:J" 17 I 200~ By L~J If you have any questions concerning this matter, please contact: ~-sL D L G. SCHMIEG, ESQ'tyRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ""THIS FIRM IS A DEBT COLLECTOR A TIEMPTING 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."" " .... (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 ABN AMRO MORTGAGE GROUP, INC. Plaintiff, v. No. 06-1900 KEVIN J. MILES JUDY M. MILES Defendant( s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add'l cost Interest from 5/16/06 to SEPTEMBER 6, 2006 (per diem -$21.34) $129,800.08 $2,037.00 $5/17/06 TO 9/6/06 and Costs TOTAL $2,411.42 C\7~.J A.~ DANIEL G. SCHMIEG, ESQU One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff PHS#133232 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. .,.,.,., $$ r-r- ........ << """" . . ~~ $; t/:Jt/:J ~~ S " u ~~ ~~ ~ ... ~~ . e "" ~t/:J S ~~ ZZ i~ OZ ~ t/:Jt/:J [;Ol= ~[;Ol '" [;Ol~ i~. ~~ ~ ii ~~ o~ ~ ,;, . . ~~ u~ ....~ t/:Jt/:J .. ~~ ~~ ~o ~ ~~ gt ~~ u ~ ~~ ~e ~~ s \ ~ ~a 0 ~ "B "'i ~ ~ ~ ~ "" \.1-< ~u >- -s a" 'r~ (V) ~ .. LUQ Et:~;2 'i. I a: {~;')5 ...,F' tU ~s.: ('oj <.j~' dLW >- 'i:2. w.. FE ;2 jl tf ~ cg ::J ~ U ~ :. ~ - ~ ~ , ':: - ~ , ::dJ ::: - .::: :: ~ ::: - "' 0i-::t ~ I ' , I I ~ 1; 8 ~ 8 o :) a ~ G () L) 0 ~ () V:> V;Li.j vi~~~rti ::r- -.:. ~"Y)- ~- t\ ~ 't7 ....... 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ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and the Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Western side of Bourbon Red Drive, at corner of Lot No. 56 on the hereinafter mentioned plan of lots; thence along line of Lot No. 56, South 73 degrees 20 minutes 00 seconds West, a distance of 160.00 feet to a point; thence along line of lands now or formerly of A]Ienview Inc., South 16 degrees 40 minutes 00 seconds East, a distance of 115.00 feet to a point on the North side of Beltsville Drive; thence along Beltsville Drive, North 73 degrees 20 minutes 00 seconds East, a distance of 130.00 feet to a point; thence along a curve connecting the Northern line of Beltsville Drive with the Western line of Bourbon Red Drive having a radius of 30.00 feet, an arc length of 47.12 feet to a point on the Western side of Bourbon Red Drive, thence along Bourbon Red Drive, North 16 degrees 40 minutes 00 seconds West, a distance of 25.00 feet to a point at the corner of Lot No. 56, the place of BEGINNING. BEING Lot No. 57 as shown on the Final Major Subdivision Plan of Konhaus Estates, Section II, Phase 3, as recorded June 24, 1994 in the Recorder's Office in and for Cumberland County, Pennsylvania in Plan Book 68, Page 39. Being Parcel # 38-08-0567-118 TITLE TO SAID PREMISES IS VESTED IN Kevin J. Miles and Judy M. Miles, husband and wife, by Deed from Spencer Todd Videon and Virginia Anne Videon, husband and wife, dated 01-08-98, recorded 01-08-98 in Deed Book 170, page 597 1/ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 06-1900 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From KEVIN J. MILES AND JUDY M. MILES (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 gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property ofthe 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $129,800.08 L.L. $.50 Interest INTEREST FROM 5/16/06 TO 9/6/06 - (PER DIEM - $21.34) - $2,037.00 Ally's Comm % Due Prothy $1.00 Ally Paid $324.82 Other Costs Plaintiff Paid Date: MAY 31,2006 (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 ill No. 62205 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 ABN AMRO MORTGAGE GROUP, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION KEVIN J. MILES JUDY M. MILES NO. 06-1900 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. " --17 u......._ ~ J jA k9.. - ~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff i- e' ~~3 '-, ,..., r.:;::l ,::::;::. c;-. - -:,.~ - .-< o -n .--1 ::1:.,., rt1F -('t([: ~{~ '~~~ ~~ ~;~ -'-I -1>- ~ w -a -'" w .:,..- 1 ABN AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS KEVIN J. MILES JUDY M. MILES CIVIL DIVISION NO. 06-1900 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) AnN AMRO MORTGAGE GROUP. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .6 BELTSVILLE DRIVE. MECHANICSBURG. PA 17055. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KEVIN J. MILES 6 BELTSVILLE DRIVE MECHANICSBURG, PA 17055 JUDY M. MILES 6 BELTSVILLE DRIVE MECHANICSBURG, PA 17055 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 I i 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) LaSalle Bank, NA 4747 West Irving Park Road, Chicago, IL 60641 First Columbia Bank and Trust Co. 11 West Main Street, Bloomsburg, PA 17815 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) TenantJOccupant 6 BELTSVILLE DRIVE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 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 ofI8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 30. 2006 DATE . 'Iltc-.....} {Jt.~ DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff (') C ::;:-:~ " t ...., = = "" ~ .-1 ::r:~ nlF~ ..,In ~~~' :~.~2; -:--"1. ~~~ ~~ c5m ~~.l ::,:3 -< s;; -< w ,J ::1; (.,) .r. .~ '; ABN AMRO MORTGAGE GROUP, INC. Plaintiff, CUMBERLAND COUNTY v. No. 06-1900 KEVIN J. MILES JUDY M. MILES Defendant(s). May 30, 2006 TO: KEVIN J. MILES 6 BELTSVILLE DRIVE MECHANICSBURG, PA 17055 JUDY M. MILES 6 BELTSVILLE DRIVE MECHANICSBURG, PA 17055 "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, 6 BELTSVILLE DRIVE. MECHANICSBURG. PA 17055. is scheduled to be sold at the Sheriffs 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 $129,800.08 obtained by AnN AMRO MORTGAGE GROUP. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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 through other legal proceedings. t 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. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid by calling (215) 563-7000. 2. You maybe 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 fmd out ifthis has happened, you may call (717) 240-6390. 4. !fthe 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 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 .r lI,LL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and the Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Western side of Bourbon Red Drive, at corner of Lot No. 56 on the hereinafter mentioned plan of lots; thence along line of Lot No. 56, South 73 degrees 20 minutes 00 seconds West, a distance of 160.00 feet to a point; thence along line of lands now or formerly of AlIenview Inc., South 16 degrees 40 minutes 00 seconds East, a distance of 115.00 feet to a point on the North side of Beltsville Drive; thence along Beltsville Drive, North 73 degrees 20 minutes 00 seconds East, a distance of 130.00 feet to a point; thence along a curve connecting the Northern line of Beltsville Drive with the Western line of Bourbon Red Drive having a radius of 30.00 feet, an arc length of 47.12 feet to a point on the Western side of Bourbon Red Drive, thence along Bourbon Red Drive, North 16 degrees 40 minutes 00 seconds West, a distance of 25.00 feet to a poinl at the corner of Lot No. 56, the place of BEGINNING. BEING Lot No. 57 as shown on the Final Major Subdivision Plan of Konhaus Estates, Section II, Phase 3. as recorded June 24, 1994 in the Recorder's Office in and for Cumberland County, Pennsylvania in Plan Book 68, Page 39. Being Parcel # 38-08-0567-118 TITLE TO SAID PREMISES IS VESTED IN Kevin J. Miles and Judy M. Miles, husband and wife, by Deed from Spencer Todd Videon and Virginia Anne Videon, husband and wife, dated 01-08-98, recorded 01-08-98 in Deed Book 170, page 597 -C 1:'-' fT!,' n c ;.C: I( '"'" C? <;;,..~ 0" ~ -l T.~ l11p -ni-n ~n(j ;-:2~~; ~i~, ~~ ':-':'1 .". ~ -"'':;: ::;ii'" :...:: w :2 ....;- (..) s.- . . . AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF ABN AMRO MORTGAGE GROUP, lNe. CQS No. 06-1900 DEFENDANT(S) ACCT. #133232 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 6, 2006 SelVed and made known to :r l.< J y ,2oo{g at (0 ',/I.p, o'cIockE.m., at SERVED .A/l. M ,'Ie s , Defendant, on the e, (3 e It s u (' 1/ e. TJ 1'. 10 day of ::r '-<1\ ~ , ConnnonweaIth ofPennsylvania, in the manner described below: 2efendant personally selVed. I / v' Adult family member with whom Defendant(s) reside(s). Name and Relationship is )-f L...s .!:>q^ i. 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 charge of Defendant(s)'s office or usual place of business. an officer of said Defeudant( s)'s company. Other: Description: Age3!r-~ r Height ~ II Weight } 7s- Race \AI" Sex...vl Other I, b C\.v l d \(0 h er+ oS, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. f)~ ~ ~ ASE, I'll: RVICE AT LEAST 3 TIMES, INDICATE DATES & TIMES OF SERVICE State at Ne'N JerSEY ATTEMPTED. PATRICIA E HARRIS Commission Expires June 16, 2008 NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: I I Time: 2nd Attempt: I I Time: 3rd Attempt: I I Time: Sworn to and subscnoed before me this _ day of , 200 _' Notary: By: L G Attornev for Plaintiff Daniel G. ScbmIeg, Esquire - I.D. No. 61205 ")( t'J ,~.\ ~i'1. cr, (..C: . ... (7 26'/(; AFFIDAVIT OF SERVICE PLAINTIFF ABN AMRO MORTGAGE GROUP, INC. KEVIN J. MILES JUDY M. MILES CUMBERLAND COUNTY CQS No. 06-1900 DEFENDANT(S) ACCT. #133232 SERVli{'KE.VIN J.MILESAT 6 BELTSVILLE DRIVE MECHANICSBURG, P A 17055 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 6, 2006 SERVED Served and made known to _ K EO 11 i 1\ at C. :/(, ,0'cIocI<t.m., at (.. ..J ...-v\; l(' J ~el~Svilk , Defendant, on the Dt'. Jt) dayof Jc...",e ,200", , Commonwealth of Pennsylvania, in the manner described below: ~efendant 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 ofpJace ofIodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usnaI place of business. an officer of said Defendant(s)'s company. Other: Description: AgeJS'~'{. Height ~ lO" Weight /7r Race W Sex.<1a.. Other I, br.. ,,' d {(c.',er-lS ,a competent adult, being duly sworn according to law, depose and state that I personally banded a true and conect copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. f)ev-J ~ On the day of ,200-, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2Dd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 3l -z ~ ". C) -n ::::! (.,) c ()l G.) SHERIFF'S RETURN - REGULAR CASE NO: 2006-01900 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS MILES KEVIN J ET AL CPL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MILES KEVIN J the DEFENDANT , at 0835:00 HOURS, on the 5th day of April , 2006 at 6 BELTSVILLE DRIVE MECHANICSBURG, PA 17055 by handing to SEAN MILES, SON 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 18.00 7.04 .00 10.00 .00 35.04 cr So Answers: r-~~ R. Thomas Kline 04/13/2006 PHELAN HALLINAN Sworn and Subscribed to before By: me this /flr;;. day of ~ c'MO~ A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2006-01900 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS MILES KEVIN J ET AL CPL. RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MILES JUDY M the DEFENDANT , at 0835:00 HOURS, on the 5th day of April , 2006 at 6 BELTSVILLE DRIVE MECHANICSBURG, PA 17055 by handing to SEAN MILES, SON 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 6.00 .00 .00 10.00 .00 16.00 C}- So Answers: -r~_/<~ R. Thomas Kline 04/13/2006 PHELAN HALLINAN Sworn and Subscribed to before By: me this l'it- day of ~ ~iYt>(,.. A.D. Prothonotary SHERIFF'S RETURN - OUT OF COUN~Y CASE NO: 2006-01900 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS MILES KEVIN J ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MILES KEVIN J but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On April 13th , 2006 , this office was in receipt of the attached return from Sheriff's Costs: Docketing Out of County Surcharge Dep Northumberland Postage 6.00 9.00 10.00 150.00 .78 175.78 ."\ 04/13/2006 '-t'"' PHELAN HALLINAN NORTHUMBERLAND s:~~ R." Thomas Kline Sheriff of Cumberland County SCHMIEG Sworn and subscribed to before me this i 9 tv....- . day Of~ ~ lYb~ A.D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-01900 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS MILES KEVIN J ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MILES JUDY M but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On April 13th , 2006 , this office was in receipt of the attached return from Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 Cf.-, 04/13/2006 PHELAN HALLINAN SCHMIEG NORTHUMBERLAND ~ < Th;;~" . ,no. .< Sheriff of Cumberland County Sworn and subscribed to before me this Iq"i:. day of J\t.'1 :J.ITV~ A.D. Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania ABN AM~ Mortgage Group Inc VS. Kevin J. Miles et al SERVE: Kevin J. Miles No. 06-1900 civil Now, April 4, 2006 , !, SHERIFF OF CUMBERLAND COUNTY, P A., do hereby deputize the Sheriff of . Northunberland County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . r~v-t:~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20-,at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So ariswers, .-:> = C"? Be) a.. ::s :;;: ~ ::1.: t:::J :::~) ~";l"' I ~~..ounW.PA 3E~ :s C? '5"2 ~ Srr-"l _ c:: ~Vl .- $~""T1 g -:D :n i "~_.l , / Sheriff of 1\ .,,:;:: Sworn and subscribed before me this _ clay of , COSTS SERVICE MILEAGE AFFIDAVIT reI \ 1:-) ''-.,.../ ,20_ I $ Ih The Court of Common Pleas of Cumberland County, Pennsylvania ABN AMID Mortgage Group Ine . ' vs. Kevin J. Miles et a1 SERVE: Judy M. Miles No. 06-1900 civil Now, April 4, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, P A. do hereby deputize the Sheriff of NorthUJl1ber1and County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. , r~rVt:~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20-, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, ....., = ~CJ ~ :D ~~~ ~e'.'{:oun~PA : i I ~~. ~.., -01; (~:) -_ ;'"7"1 J.;;; r-il ."c;;.. ::0 -..-. $c::.l0 :i . 8m - ~~::?I ::::1" 0 c;r. " fTI o Sheriff of Sworn and subscribed before me this _ day of , COSTS SERVICE MILEAGE AFFIDAVIT ,20_ $ .' I" PLAINTIFF: ABN AMRO MORTGAGE GROUP INC P: VS: DEFENDANT: MILES, KEVIN J. and JUDY M. MILES D: 12 BUTTERNUT LANE D: ELYSBURG PA 17824 D: D: SHERIFF'S RETURN I HEREBY CERTIFY AND RETURN I SERVED: CASE #: 06 CV 1900 CTY FILED: CUMBERLAND FILE DATE: 06/03/31 DATE RECEIVED: 06/04/05 ASSIGNED TO: 2 DEF LAW FIRM: PHELAN EXPIRES: 06/05/01 BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: NOTICE AND COMPLAINT MORTGAGE FORECLOSURE PERSON SERVED: NO SERVICE AS OF 2006/04/07 ON KEVIN J. MILES/ TRY CAPACITY: 6 BELTSVILLE DRIVE MECHANICSBURG, PA 17050 DATE SERVED: TIME: PLACE SERVED: COUNTY OF NORTHUMBERLAND AND STATE OF PENNA" MAKING KNOWN UNTO : THE CONTENTS THEREOF. SO ANSWERS: CHAD A. REINER, SHERIFF BY DEPUTY: BY: c-:;;:J...A./~ I HEREBY CERTIFY AND RETURN THAT I SERVED: BY HANDING A TRUE AND ATTESTED COpy OF THE WITHIN: NOTICE AND COMPLAINT MORTGAGE FORECLOSURE PERSON SERVED: NO SERVICE AS OF 2006/04/07 ON JUDY M. MILES / TRY CAPACITY 6 BELTSVILLE DRIVE MECHANICSBURG, PA 17050 DATE SERVED: TIME: PLACE SERVED: THE COUNTY OF NORTHUMBERLAND AND STATE OF PENNA., MAKING KNOWN UNTO : CONTENTS THEREOF. SO ANSWERS: CHAD A. REINER, SHERIFF BY DEPUTY: BY: ,C J.J..,A:J~~ SHERIFF'S COSTS: $ 77.50 REC #: 27292 NO. OF ATTEMPTS: 3 DOCKET PAGE #: 06 CV 0278 Sworn to and subscrib~ ~efore me this /( day of ft:jJL,'/ A.D. 200'- POTHONOTARY C"re',il >=''(1") 1 1":c:. .Ie",. 20< ') PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 ABN AMRO Mortgage Group, Inc. A TIORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Kevin J. Miles Judy M. Miles No. 06-1900 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: I. Plaintiff commenced this foreclosure action by filing a Complaint on March 31, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on May 17,2006 in the amount of$129,800.08. 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 Sheriffs 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 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 9/6/06 Per Diem $19.22 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIPIPMI NSF Suspense/Misc. Credits Escrow Deficit $122,048.17 7,748.08 0.00 1,250.00 1,212.00 1,420.32 0.00 0.00 0.00 0.00 0.00 823.51 TOTAL $134,502.08 5. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 6. Under the terms ofthe 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: Phelan Hallinan & Schmieg, LLP By: ~ Michele M. Bradford, EsquireU 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 ABN AMRa Mortgage Group, Inc. A TIORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Kevin 1. Miles Judy M. Miles No. 06-1900 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 6 Beltsville Drive, Mechanicsburg, PA 17055. 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, ifany. n. 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. m. 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. 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 1120 {Pa. Lu ... 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 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. 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 ofthe 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: Phelan Hallinan & Schmieg, LLP By: ~ Michele M. Bradford, Esq-:;::b Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ., [d. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PlDLADELPHlA, PA 19103 (2IS) S63M7000 13J212 ABN AMRO MORTGAGE GROUP, INC. 71 S9 CORKLAN DRIVB JACKSONVILLE, FL 32258-4455 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DMSION ~O,"-19DD ~'~LLY'llu[ v. Defendants CUMBERLAND COUNTY n ~ "'l:1 . .., .-.- r'(} '.,;.'r.:-. tC- "",' ~C ~f~~:' ":f.:c .2 C': '{::.. ..J-{::' Z ~ ,..~ c= 0 ~ -n ~ ~:D ~ ~Z --. ::;:t........ ... (-t.:!J ::!r ~ n ~m ~ ~ ~ c..J :D (1j ~ ... KEVIN J:MlLES JUDY M. MILES 6 BELTSVILLE DRNE MECHANICSBURG, PA 17055 CML AcnON M 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 noti<:e are served, by entering a written appearance personally or by attorney and filing in writing with the oourt your defenses or objections to the claims sot 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 tho 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.. TELEPIJONe THE OFFICE SET FORTH QELOW. nus OFFICE CAN.PROVIDE YOU WITH INFORMATION ABOUT HIRING ALA WYER. IF YOU CANNOT AFFORD TO HIR.E 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 FER. ..~, the . \Va hereby ellUIJ and within to be a true .. 4 .:; correct COpy ot the _ .....:~ original filed ot recotd.. ~;.;j...:~ p' . ~.Il... Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990.9108 ~rrQbA/" . PI ~"'1"~y A ~8E Ii/!;..~ COPy ... , fJli/t FUel: 133232 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 133232 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY v. KEVIN J. MILES mDY M. MILES 6 BELTSVILLE DRIVE MECHANICSBURG, P A 17055 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, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File #: 133232 File II: 133232 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 WITmN 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 TIDRTY (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 TmS 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 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 2. The name(s) and last known address(es) of the Defendant(s) are: KEVIN J. MILES ruDY M. MILES 6 BELTSVILLE DRIVE MECHANICSBURG, P A 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On OS/27/2004 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. 1870, Page: 728. 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 09/01/2005 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 #: 133232 6. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2005 through 03/30/2006 (per Diem $19.23) Attorney's Fees Cumulative Late Charges OS/27/2004 to 03/30/2006 Cost of Suit and Title Search Subtotal $122,048.17 4,653.66 1,250.00 196.20 $ 550.00 $ 128,698.03 Escrow Credit Deficit Subtotal 0.00 217.47 $ 217.47 TOTAL $ 128,915.50 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 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 terminated 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $128,915.50, together with interest from 03/30/2006 at the rate of$19.23 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, LLP By: /2~.f:un~~ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 133232 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and the Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Western side of Bourbon Red Drive, at comer of Lot No. 56 on the hereinafter mentioned plan of lots; thence along line of Lot No. 56, South 73 degrees 20 minutes 00 seconds West, a distance of 160.00 feet to a point; thence along line oflands now or formerly of AlIenview Inc., South 16 degrees 40 minutes 00 seconds East, a distance of 115.00 feet to a point on the North side of Beltsville Drive; thence along Beltsville Drive, North 73 degrees 20 minutes 00 seconds East, a distance of 130.00 feet to a point; thence along a curve connecting the Northern line of Beltsville Drive with the Western line of Bourbon Red Drive having a radius of 30.00 feet, an arc length of 47.12 feet to a point on the Western side of Bourbon Red Drive, thence along Bourbon Red Drive, North 16 degrees 40 minutes 00 seconds West, a distance of25.oo feet to a point at the comer of Lot No. 56, the place of BEGINNING. BEING Lot No. 57 as shown on the Final Major Subdivision Plan ofKonhaus Estates. Section II. Phase 3, as recorded June 24, 1994 in the Recorder's Office in and for Cumberland County, Pennsylvania in Plan Book 68, Page 39. BEING TIIE SAME PREMISES wmCH Joseph L. Wilkerson, Jr. and Terri L. Wilkerson, husband and wife, by deed dated April 28, 1997 and recorded July 14, 1997, in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Record Book 160, page 1034, granted and conveyed unto Spencer Todd Videon and Virginia Anne Videon, husband and wife, Grantors herein. PROPERTY BEING: 6 BELTSVILLE DRNE File #: 133232 VF.RlFICA TION 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 ~lief: Furthermore, it is cOWlSel's intention to substitute a verification from Plaintiff as soon as it is received by cOWlSel . 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 Attomeyfor Plaintiff DATE: ~ Exhibit "B" PHELAN HALLINAN" SCHMIEG, L.L.P. By: DANIEL G. SCIlMlEG IdeDtlficatJoa No. 62205 Attorney for Plait'tlfT ONE PENN CENTER AT SUBURBAN STATION 1617 JOlIN F. KENNEDY BLVD., SUITE 1400 PIIILADELPmA, PA 19103-t814 (llS) 563-700Q ABN AMRO MORTGAGE GROUP, INC. 7159 COllkLAND DRIVE JACKSONVILLE, FL 32258-4455 v. PllllntltT, CUMBERLAND COUNlY COURT OF COMMON PLEAS CIVIL DIVISION NO. ()6..1900 DVIN S. MILES JUDY M. MILES DefendaDt(s). '. ~~~ PRAEANCIPS~RANIN~~~s~MENTNTOFFOD~~GLEU8RE'TO ~}!J ~ :;1_ .J't'6R D~!I;IQ l~ ~UA ~..'" fif~ (i/ ~i:.~ - :-0[;; ~e.; ......, t59 IF;; ~ :r!!d ~~ ..... fitf Kindly......... in rem jud_Iin fa_ or Ibe l'Iaintift'........... . jj alld JUDy M. MR,Ii'~. Defendant(s) for failure to fde an Answer to Plaintitrs Co t ~n .:t) 20 days from servioe thcIeor and for Foreclosure and Sale of the mortgaged premisea~ and asscas -.c; Plaintiff's damages as Collows: TO THE PROTHONOTARY: As set forth in Complaint Interest from 3/31/06 to 5/1 6/06 TOTAL $128,915.50 S884.~8 S119,800.08 I hereby certify that (1) the addresses of the Plaintiff and Defendaut(s) are as ........ above. aad (2) Chat notice bas been gi_ in 8CCoIdance with Rule 237.1. copy attached.. ~~..~ . DANIEL O. SCHMrBG, BSQIDiE Attorney for Plaintiff .. DAMA<i1Js ARE HEilEBY A88IlSSEDAS 1ND1CA~. ~ . ... DATE: ftb.y 17r ~ ~ l'RO 01'UY p~ 9:F!: l03 d3 d 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, infonnation 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. DA1E:~ By: Phelan Hallinan & Schmieg, LLP ......... Michele M. Bradford, ESqUi~ 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 ABN AMRO Mortgage Group, Inc. ATTORNEY FORPLAINTWF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Kevin J. Miles Judy M. Miles No. 06-1900 Civil Term Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief in Support thereof were sent to the following individuals on the date indicated below. Kevin J. Miles Judy M. Miles 6 Beltsville Drive Mechanicsburg, P A 17055 Kevin J. Miles Judy M. Miles 12 Butternut Lane Elysburg, P A 17824 DATE: Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esqu:~ Attorney for Plaintiff C) l",' '":) c....... -" ---I -,- M-i :' ., :--~'t "!""".... " '-~~~' ABN AMRO MORTGAGE GROUP, INC. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. KEVIN J. MILES, JUDY M. MILES, Defendants : 06-1900 CIVIL ORDER OF COURT AND NOW, this 26th day of July, 2006, upon considers;ltion of the foregoing petition, IT IS HEREBY ORDERED AND DIRECTED that: 1. Pursuant to Pa.R.C.P. No. 206.5, a rule is issued upon the defendants to show cause why the plaintiff is not entitled to the relief requested; 2. The defendants will file an answer to this petition on or before August 15, 2006; 3. A copy of said answer will be filed with this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, ,~ M. L. Ebert, Jr., ~chele M. Bradford, Esquire Attorney for Plaintiff/Petitioner ~evin J. Miles Judy M. Miles { Defendants bas ,o\i ~~ o SuOl ,. " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ABN AMRO MORTGAGE GROUP, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION KEVIN J. MILES JUDY M. MILES Defendant(s). NO. 06-1900 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for ABN AMRO MORTGAGE GROUP, INC. hereby verifies that on JUNE 15,2006 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. . ~~c. D L G. SCHMIEG, ESQUIRE Attorney for Plaintiff Date: JULY 25, 2006 IMPORT ANT NOTICE: This property is sold at the direction of the plaintiff. It mav not he sold In the absence of a renresentative of the nIalntiff 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. " " i~ - - - - - - '" 00 -.I '" '^ ... V' '" - ~. '^ 0>- W N - 0 " it ~ ~s. i n li' z c 3 tl' . ... po ~ "T1 r- S ~ ~ i i z "'. m . .E. le- (J) R U () !!!. ~ So lD ~ ~ l-' !2. g' l-' i .. h, c:: ~ ~ j ~ 3 , () if: a ::> ~ .r "J< J en lD Z m )> '" '" S ::> ~ ~ ~ ::l l "'" ..... ~ g ~ ~ m ... i ::> ..... . en c. ~ en '" i g i B -I ~ ~ ~ 2 e \!l i ii le- le- @ ~ t 11 () ~ l ti ~ 0 :i" ~ :... <0 ~ ~ if ~ .... "'tl 1 ~ m l ~ e "'" ~ , '" g ... - 8l 0 ;: ~ ~ ~ i "d ~ III , i - :r i: ~ (J) () ~ ::>" () ~ g' en gj '" jP.. ~ ~ - co ~ ~ " V' Utii lD () g a i ;:= ~ ~ia\~ g} ~ ~ ~ ~ ~ . ~ '" ~ - - ~\[ .s a <:l -.I ~ c:: .... 0 ~ III - ~. ~ '^ '^ ~ N il,o '^ '^ ili\i ~ - ~ <:l "d I. .~ .. .... '^ 0 1""\ ..... '^ ~ :>0 a> ~ l~lri " .... ~ 01 i." i g ~ :;l n. !!l '^ . '~ill i () ~ ~ ihi V gj ~ It ~ "d t<i{i > "d - II ~. > <:l - - ~lr\l -.I V' - 0 r 1 '^ \i~ I.,. ~ ~u . \i ,. ..' b,'" ,~~ r ~. '. . "" i'.' '\ .lez~~ Il~l " 1,.'-::;: .. \ ~ ,_l_ " .' __RTNEI' ~ .. ~ . _' 02 lA $ 92. t 8'\1 ~\ZV-- p"'~ FJ. . . .......... '""" t-ll ~t l1~J ~ MAILED FROM ZIP CODE 1 I I I , I . . Qtl lC'tg !.Ill'" ~ !. , "".....0"" ~~liiil c.....""C l!~Z ~~i~ ~I~ ~ .....~Vl> ?o:l&Z o;;~~~ ~('O@lO i~I.~ 2S. ~ g 0 ..... ~ (1)8 ~ ~ ~ ; ~~ 2006" .. 9103 ~ "'~", ('.:' F:5 ,~"', ~. ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. J.D. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF ABN AMRa Mortgage Group, Inc. Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Kevin J. Miles Judy M. Miles No. 06-1900 Civil Term Defendants 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 August 15,2006 has been served upon the following persons: Kevin J. Miles Judy M. Miles 6 Beltsville Drive Mechanicsburg, P A 17055 Kevin J. Miles Judy M. Miles 12 Butternut Lane Elysburg, P A 17824 PHELAN HALLINAN Michele M. Bradford, Attorney for Plaintiff Date: ~~ By: .. t' ' '- :~J :"'- .. 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 ABN AMRO Mortgage Group, Inc. Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Kevin J. Miles Judy M. Miles No. 06-1900 Civil Term Defendants 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 July 26, 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 August 1, 2006 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certification of Service of the rule is attached hereto, and made a part hereof, and marked Exhibit "B". 4. Respondents failed to respond or otherwise plead by the Rule Returnable date of August 15,2006. 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. PHELAN HALLINA G,LLP ~ Michele M. Bradford, Esq . e 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, PA 19103-1814 (215) 563-7000 ABN AMRO Mortgage Group, Inc. Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Kevin J. Miles Judy M. Miles No. 06-1900 Civil Term Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on July 21, 2006. A Rule was entered by the Court on July 26, 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 August 1, 2006 in accordance with the applicable rules of civil procedure. Respondents failed to respond or otherwise plead by the Rule Returnable date of August 15,2006 upon the Defendants. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP ~ Michele M. Bradford, Es Attorney for Plaintiff . . Exhibit "A" ABN AMRO MORTGAGE GROUP,INC. Plaintiff : IN iHE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. KEVIN J. MILES, JUDY M. MILES, Defendants : 06-1900 CIVIL ORDER OF COURT AND NOW, this 26th day of July, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED AND DIRECTED that: 1. Pursuant to Pa.R.C.P. No. 206.5, a rule is issued upon the defendants to show cause why the plaintiff is not entitled to the relief requested; 2. The defendants will file an answer to this petition on or before August 15, 2006; 3. A copy of said answer will be filed with this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, '''l M. L. Ebert, Jr., Michele M. Bradford, Esquire Attorney for Plaintiff/Petitioner Kevin J. Miles Judy M. Miles Defendants bas \ S52--:'1. , . Exhibit "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. LD. No. 69849 - One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 A TIORNEY'FOR PLAINTIFF ABN AMRO Mortgage Group, Inc. Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Kevin J. Miles Judy M. Miles No. 06-1900 Civil Term Defendants CERTIFICATION OF SERVICE , t'....:, c' 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 August 15,2006 has been served upon the following persons: Kevin J. Miles Judy M. Miles 6 Beltsville Drive Mechanicsburg, P A 17055 Kevin J. Miles Judy M. Miles 12 Butternut Lane Elysburg, P A 17824 Date:~ PHELAN HALLINAN By: Michele M. Bradford, Attorney for Plaintiff 1"'-';> . , -;j :::1 . . 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. ~4904 relating to the unsworn falsification of authorities. Michele M. Bradford, s 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, PA 19103-1814 (215) 563-7000 ABN AMRO Mortgage Group, Inc. Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Kevin J. Miles Judy M. Miles No. 06-1900 Civil Term Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct 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: Kevin J. Miles Judy M. Miles 6 Beltsville Drive Mechanicsburg, P A 17055 Kevin 1. Miles Judy M. Miles 12 Butternut Lane Elysburg, P A 17824 Michele M. Bradford Attorney for Plainti (') c ~ -0-"" ...,..,Cf.' r , ! f" ~ z- Z"I" ~i,t?, r"': ~C) )> :;z: C' -- ( ) ;t> e- z ~ ro..,) '= <:::> en ::t'Ioo c:: Ci) o 11 ~:n -oM=; :rJ6' o :::;1.--? t. .i{ ';:'0 om ~ -< -J ::- ::r: (6 .. (Jl o PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ABN AMRO Mortgage Group, Inc. Attorney for Plaintiff AlIG 1 820Y Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Kevin J. Miles Judy M. Miles No. 06-1900 Civil Term Defendants ORDER sJ AND NOW, this'). \ \ day of I\\I~\I^ ,2006, upon consideration of Plaintiff's 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 Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED; and the ProthonotaJy is ordered to amend the judgment as follows: Principal Balance Interest Through 9/6/06 Per Diem $ 19.22 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections AppraisallBPO MIPIPMI NSF Suspense/Misc. Credits Escrow Deficit $122,048.17 7,748.08 0.00 1,250.00 1,212.00 1,420.32 0.00 0.00 0.00 0.00 0.00 823.51 TOTAL $134,502.08 Plus interest through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff's commission is not included in the above figure. J. ,Q\P cj51' lill\IVAlASNN3d AlNn(X) n'.)\n!I::;8~m I G :6!1V I Z 50V 900l AtN10NOHlQi:Jd 3ill :lO 3::lI:J3()-{J3ll:l COMMONWEAL TH 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 Ted S Baldwin is the grantee the same having been sold to said grantee on the 4th day of Oct A.D., 2006, under and by virtue of a writ Execution issued on the 31 st day of May, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 1900, at the suit of ABN Amro Mtg Group Inc against Kevin J Miles & Judy M is duly recorded in Deed Book No. 277, Page 2891. IN TESTIIvIONY WHEREOF, I have hereunto set my hand and seal of said office this /5 day of l1./;;u~lxr , A.D. ~'(/},Jr:; /~.--? r ~?/'''?~'~ ~ ~~fot~o:..~"" '. -, nviilwb. ~".. ,. '. ..."'Will), CaIIlsIe. PA !he F'1f8t Mond8y of .IIn. 2010 Recorder of Deeds ABN AMRO Mortgage Group, Inc. VS Kevin 1. Miles and Judy M. Miles In the C,ourt of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1900 Civil Term Jessica Hermansen, Deputy Sheriff, who being duly sworn according to law, states that on July 06, 2006 at 1523 hours, she 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: Kevin J. Miles and Judy M. Miles, by making known unto Matthew Miles, son of Kevin 1. Miles and Judy M. Miles, at 6 Beltsville Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 03,2006 at 1328 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kevin 1. Miles and Judy M. Miles located at 6 Beltsville Drive, Mechanicsburg, 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 defendants, to wit: Kevin 1. Miles and Judy M. Miles, by regular mail to their last known address of 6 Beltsville Drive, Mechanicsburg, Pennsylvania 17055. These letters were mailed under the date of July 13,2006 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 toPelllisylvania on October 04, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $ 13-tlX.\,)OOlled S. Baldwin. It being the highest bid and best price received for the same, Ted S. Baldwin of 37 Green Ridge Road, Mechanicsburg, P A 17050, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of$241,301.78. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge $30.00 2,340.00 15.00 15.00 30.00 10.00 .50 1.00 19.60 15.00 30.00 Law J oumal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 365.00 297.80 19.31 25.00 39.50 J ('l $3,252.71 ./ II/~O OL,. + So Answers: , ",~" ,,'''-' A~ ,~/' . , ,#-'). . . ,. ;;;;0..0" ~A.?' "~<:' ,/. -4'......-:'~/ ..... .r. .' , R. Thomas Kline, Sheriff i' ~ \~ ~ t BY )(\ (l.... i ' 'v'\t\.A.ll./'\ Real Estate Sergeant p . ( cvY-" 3C,' ~ ?:., I. J l.I t~ .5 '~3 J .:- .f:; ,\/_,,~j WRIT OF EXECUTION and/or A TT ACHMENT t COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1900 Civil CIVIL ACTION - LA W TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., ])laintiff (s) From KEVIN J. MILES AND JUDY M. MILES (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 gamishee(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) Ifproperty 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 $129,800.08 L.L. $.50 Interest INTEREST FROM 5/16/06 TO 9/6/06 - (PER DIEM - $21.34) -- $2,037.00 Atty's Comm % Due Prothy $1.00 Atty Paid $324.82 Plaintiff Paid Date: MAY 31, 2006 Other Costs ~1 (J .' .... "', CURTIS . LONG 7 Prothonotary By: (Seal) 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 # 73 On June 02, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, P A Known and numbered as 6 Beltsville Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 02, 2006 By: \. Real Estate Sergeant "" ABN AMRO MORTGAGE GROUP, INiJI" Plaintiff, CUMBERLAND COUNTY v. COURT OF COMMON PLEAS KEVIN J. MILES JUDY M. MILES CIVIL DIVISION NO. 06-1900 Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) ABN AMRO MORTGAGE GROUP~ INC., 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 .6 BELTSVILLE DRIVE. MECHANICSBURG~ PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address CalIDot be: reasonab 1 y ascertained, please indic ate) KEVIN J. MILES 6 BELTSVILLE DRIVE MECHANICSBURG, P A 17055 JUDY M. MILES 6 BELTSVILLE DRIVE MECHANICSBURG, P A 17055 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) None ,oIl ~.. 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) LaSalle Bank, N.A. 4747 West Irving Park Road, Chicago, IL 60641 First Columbia Bank and Trust Co. 11 West Main Streetl Bloomsburg, PA 17815 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 reasonab I y 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 6 BELTSVILLE DRIVE MECHANICSBURG, P A 17055 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. May 30, 2006 DATE r-r?~A'j (Jt,/~ DANIEL G. SCHMIE~ Attorney for Plaintiff t ' r ABN AMRO MORTGAGE GROUP, INC. Plaintiff, CUMBERLAND COUNTY v. No. 06-1900 KEVIN J. MILES JUDY 1\1. MILES Defendant(s). May 30, 2006 TO: KEVIN J. MILES 6 BELTSVILLE DRIVE MECHANICSBURG, P A 17055 JUDY M. MILES 6 BELTSVILLE DRIVE MECHANICSBURG, P A 17055 **THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY TNFORMA TION 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 ~ 6 BELTSVILLE DRIVE~ MECHANICSBURG~ PA 17055~ is scheduled to be sold at the Sheriffs 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 $129~800.08 obtained by AnN AMRO MORTGAGE GROUP~ INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be 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 improperl y entered. YOll may also ask the Court to postpone the sale for good cause. 3. YOll may also be able to stop the sale through other legal proceedings. ',fo You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (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 i[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 i' ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and the Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Western side of Bourbon Red Drive, at corner of Lot No. 56 on the hereinafter mentioned plan of lots; thence along line of Lot No. 56, South 73 degrees 20 minutes 00 seconds West, a distance of 160.00 feet to a point; thence along line of lands now or formerly of Allenview Inc., South 16 degrees 40 minutes 00 seconds East, a distance of 115.00 feet to a point on the North side of Beltsville Drive; thence along Beltsville Drive, North 73 degrees 20 minutes 00 seconds East, a distance of 130.00 feet to a point; thence along a curve connecting the Northern line of Beltsville Drive with the Western line of Bourbon Red Drive having a radius of 30.00 feet, an arc length of 47.12 feet to a point on the Western side of Bourbon Red Drive, thence along Bourbon Red Drive, North 16 degrees 40 minutes 00 seconds West, a distance of 25.00 feet to a point at the corner of Lot No. 56, the place of BEGINNING. BEING Lot No. 57 as shown on the Final Major Subdivision Plan of Konhaus Estates, Section II, Phase 3, as recorded June 24, 1994 in the Recorder's Office in and for Cumberland County, Pennsylvania in Plan Book 68, Page 39, Being Parcel # 38-08-0567-118 TITLE TO SAID PREMISES IS VESTED IN Kevin J. Miles and Judy M. Miles, husband and wife, by Deed from Spencer Todd Videon and Virginia Anne Videon, husband and wife, dated 01-08-98, recorded 01-08-98 in Deed Book 170, page 597 SCHEDULE OF DISTRIBUTION SALE NO. 73 Date Filed: November 03, 2006 Writ No. 2006-1900 Civil Term ABN Amra Mortgage Group, Inc. VS Kevin 1. Miles and Judy M. Miles 6 Beltsville Drive Mechanicsburg, P A 17055 Sale Date: Buyer: Bid Price: October 04, 2006 Ted S. Baldwin $234,000.00 Real Debt: Interest: Attorney Costs: $129,800.08 2,037.00 324.82 Total: $132,161.90 DISTRIBUTION: Receipts: Cash on account (06/02/2006): Cash on account (10/04/2006): Cash on account (10/20/2006): $ 1,500.00 23,400.00 217,901.78 Total Receipts: $242,801. 78 Disbursements: Sheriffs Costs Legal Search Transfer Tax, Local Transfer Tax, State Silver Spring Township Authority Attorney Daniel Schmieg ABN Amro Mortgage Group, Inc. LaSalle Bank, N .A. (pending payoff) First Columbia Bank and Trust Company (pending payoff) Total Disbursements: Balance for distribution: So Answers: ,.~~.r.< ~~ R. Thomas Kline Sheriff I $3,252.71 200.00 2,380.89 2,380.89 303.18 1,500.00 l-M,502.08 66,350.35 J.l,93 L68 L!1. ($242,801. 78) 0.00 (' C1 {,', .' ." <,-", , . .'. ' , TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOV AL IS PRODUCED. SHERIFF SALE NO. 73 Held Wednesday, September 6, 2006 Date: October 4, 2006 TAXES: Receipts for all taxes for the years 2003 to 2005 inclusive. Taxes for the current year 2006. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2006, and recorded , 2006, in Cumberland County Deed Book , Page RECIT AL: Being the same premises which Spencer Todd Videon and Virginia Anne Videon his wife, by deed dated January 8, 1998 and recorded January 8, 1998 in the Office: of the Recorder of Deeds in and for Cumberland County, in Carlisle, Pennsylvania, in Deed Book 170, Page 597, granted and conveyed to Kevin 1. Miles and Judy M. Miles, his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Bourbon Red Drive and in the roadbed of Beltsville Drive. 6. Mortgage in the amount of $124,750.00 given by Kevin J. Miles and Judy M. Miles to ABN Amro Mortgage Group, Inc., dated May 27, 2004 recorded June 18,2004 in Mortgage Book 1870, Page 728. Complaint in mortgage foreclosure filed by ABN Amro Mortgage Group, Inc., as Plaintiff against Kevin J. Miles and Judy M. Miles, as Defendants, in the Office of the Prothonotary of Cumberland County on March 31, 2006 to File No. 2006- 1900. Judgment in the amount of $129,800.08 entered May 17,2006. Order of Court reassessing damages entered July 24, 2006 in the amount of $134,502.08. 7. Mortgage in the amount of $49,850.00 given by Kevin Miles and Judy Miles to Lasalle Bank, N.A. dated May 27,2004 and recorded June 18,2004 in Mortgage Book 1870, Page 811. 8. Mortgage in the amount of $150,000.00 given by Kevin J. Miles and Judy M. Miles to First Columbia Bank and Trust Company dated December 29, 2004 and recorded January 3,2005 in Mortgage Book 1893, Page 1265. 9. Mortgage in the amount of $50,000.00 given by Kevin J. Miles and Judy M. Miles to First Columbia Bank and Trust Company, dated December 29,2004 recorded January 3, 2005 in Mortgage Book 1893, Page 1277. Building conditions, easements, and restrictions as shown on or set forth with Plan of Section No. II, Phase 3, of Konhaus Estates recorded in Plan Book 68, Page 39. Building and use restrictions imposed by deed recorded in Deed Book 114, Page 362. 10. Declaration of covenants and restrictions for Konhaus Estate Section II, Phase 3, recorded in Miscellaneous Record Book 476, Page 825. 11. Rights granted to Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 53, Page 486. 12. Rights granted to Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 56, Page 584. 13. Rights granted to Laurel Pipeline Company by instrument recorded in Miscellaneous Record Book 131, Page 383. 14. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 15. Real estate taxes accruing on and after January 1,2007 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. \,~Y-4 ~~ Robert G. Frey, Agent I Note: This Title Report shall not be valid or binding until countersigned by an authorized si gnatory. REAL ESTATE SALE NO. 73 Writ No. 2006-1900 Civil ABN AMRO Mortgage Group, Inc. vs. Kevin J. Miles and Judy M. Miles Atty.: Daniel G. Schmieg ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and the Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Western side of Bourbon Red Drive. at comer of Lot No. 56 on the here- inafter mentioned plan of lots; thence along line of Lot No. 56, South 73 degrees 20 minutes 00 seconds West. a distance of 160.00 feet to a point; thence along line of lands now or formerly of Allenview Inc., South 16 degrees 40 minutes 00 seconds East. a distance of 115.00 feet to a point on the North side of Beltsville Drive: thence along Beltsville Drive. North 73 degrees 20 minutes 00 seconds East, a dis- tance of 130.00 feet to a point; thence along a curve connecting the Northern line of Beltsville Drive with the Western line of Bourbon Red Drive having a radius of 30.00 feet. an arc length of 47.12 feet to a point on the Western side of Bourbon Red Drive, thence along Bourbon Red Drive. North 16 degrees 40 minutes 00 seconds \Vest. a distance of 25.00 feet to a point at the comer of Lot No. 56, the place of BEGIN- NING. BEING Lot No. 57 as shown on the Final Major Subdivision Plan of Konhaus Estates, Section II. Phase 3, as recorded June 24. 1994 in the Recorder's Office in and for Cumberland County. Pennsylvania in Plan Book 68, Page 39. Being Parcel # 38-08-0567-118. TITLE TO SAID PREMISES IS VESTED IN Kevin J. Miles and Judy M. Miles, husband and wife. by Deed from Spencer Todd Videon and Virginia Anne Videon, husband and wife, dated 01-08-98. recorded 01-08-98 in Deed Book 170, page 597. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth ofPelll1sylvania, 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 ofPelll1sylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State ofPelll1sylvania, 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 SInce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ 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 S ALE #73 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL ESTATE SALE NO. 73 Writ No. 2006-1900 Civil Term ABH Amro Mortgage Group, Inc. Vs Kevin J. Miles and Judy M. Miles Atty: Daniel G. Schmieg DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and the Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Western side of Bourbon Red Drive, at corner of Lot No. 56 on the hereinafter mentioned plan of lots; thence along line of Lot No. 56, South 73 degrees 20 minutes 00 seconds West, a distance of 160.00 feet to a point; thence along line of lands now or fonnerly of Allenview Inc., South 16 degrees 40 minutes 00 seconds East, a distance of IIS.OO feet to a point on the North side of Beltsville Drive; thence along Beltsville Drive, North 73 degrees 20 minutes 00 seconds East, a distance of 130.00 feet to a point; thence along a curve connecting the Northern line of Beltsville Drive with the Western I ine of BOUIbon Red Drive having a rndius of 30,000 feet, an arc length of 47.12 feet to a point on the Western side of Bourbon Red Drive, thence along Bombon Red Drive, North 16 degrees 40 minutes 00 seconds West, a distance of 25.00 feet to aipoint at the corner of Lot No. 56, the place of Beginning. Being Lot No. 57 as shown on the Final Major Subdivision Plan of Konhaus Estates, Section D, Phase 3, as recorded June 24, 1994 in the Recorder's Office in ana for Cumberland County, Pennsylvania in Plan Book 68, Page 39. Being Parcel # 38-08-0567.118 Title to said premises is vested in Kevin J. Miles and Judy M. Miles, husband and wife, by Deed from Spencer Todd Vtdeon and VJTginia Anne Vtdeon, husband and wife, dated 01-08-98, rec<<ded 0l.{)8..98 in Deed Book 170. page 597. . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: 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. / L' a Marie Co~, Editor V SWORN TO AND SUBSCRIBED before me this 4 day of August. 2006 ~~<~i/arY.fp!lcftu REAL ESTATE SALE NO. 73 Writ N (! lOOd 1900 Ci\'l i ABN AMRO Mortgage Group ine. \'S KeVll] j Miles and Judv M. Miles Ally.' [);ulIeI C;. Schmieg ALL THAT ( TI.{TAIN tract or par eel of land and premises. situate. lying and lJeiru.; in the Township of Silver Spring In the County of Cumberland and the Commonwealth of Pennsylvania. more particularly described as follows] BEGINNING at a point on the Western side or Bourbon Red Drive. at corner oj IA)l No. 56 on the here inafter melti ioned plan of lots: thence alone Imc of Lot No. 56. South 73 clc!2.rees 20 minutes 00 seconds West distance of 160.00 feet to a pOln!' 1 hence along line of lands now or lormcrly of 1\l1enview Inc.. Soulh 1 degrees 40 minutes 00 second"- East distance of 115.00 feet LO a point on the North side of Beltsville Drive: thence along Beltsville Dnve. North 73 degrees 20 minutes 00 seconds East. a dis tance of 130.00 feel to a point. thence along a curve connecting the Northern line of Beltsville Drive with the Western law of Bourbon Red Drive having a radius of ~)o.oo feet. 3n 3rc length of 47.12 feet to a point on the Western side of Bourbon Red Drive. thence along Bourbon Red Drive. North I G degrees 40 minutes 00 seconds \Vesi dislance of 25.00 feet ll' poinl at the cornel of Lot No. :'>C [he place of BEGIN- NING BEING Lv \io :)'/ as shown Oil the Fin3] Major Subdivision Plan of Konhaus Estates. Section II. Phase 3. as recorded .June 24. 1994 in the Hecorder'" Office in and for Cumberland Counjv, Pennsylvania in Plan Book GR. Page 39. Being Parcel if 38-08-0567-. J 18. TITLE T(I SAID f'REMISI::S IS VESTED IN Kt'vin ,1 Miles and ,Judy M. Miles. \lsband and wife. bv Deed from '~;)(,J1Cel Todd Videon 3nd Virginia i\nnc Videon. husband and wife. datcd 01-08.98. recorded 01-08-98 IJ1 Deed Book 170, page 597