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HomeMy WebLinkAbout06-2256 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 123714 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. ()~ -;:aSb Ctu;L~82-YvL v. CUMBERLAND COUNTY MICHELLE L. DARHOWER 2006 CONNIE DRIVE ENOLA, PA 17025 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PAl 70 I 3 (800)990-9108 File #: 123714 File #. 123714 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 COUNTRYWIDE HOME LOANS, INe. 7105 CORPORATE DRIVE PLANO, TX 75024 2, The name(s) and last known address(es) of the Defendant(s) are: MICHELLE L. DARHOWER 2006 CONNIE DRIVE ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3. On 02/28/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR TAYLOR, BEAN & WHITAKER MORTGAGE CORP. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1935, Page: 4475. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached, 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/0 I /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 #: 123714 6. The following amounts are due on the mortgage: Principal Balance Interest 05/01/2005 through 04121/2006 (Per Diem $47.41) Attorney's Fees Cumulative Late Charges 02/28/2005 to 04/21/2006 Cost of Suit and Title Search Subtotal $191,785.05 16,877.96 1,250.00 306.20 $ 550,00 $ 210,769.21 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0,00 TOTAL $ 210,769.21 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 has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9, This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 210,769.21, together with interest from 04/21/2006 at the rate of$47.41 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 -- v4---~' /" i-tC'~, By: IsIFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #. 123714 LEGAL DESCRIPTION ALL that certain piece or parcel ofland situate in the Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern line ofMichaele Drive, said point being located and referenced South 81 degrees 30 minutes West, 225.00 feet from the northwest corner of the intersection ofMichaele and Dawn Drives; thence along the Northern line of Michaele Drive South 81 degrees 30 minutes West, 82,82 feet to the point where the northern line of Michaele Drive intersects the eastern line of Connie Drive; thence along the eastern line of said Connie Drive North 29 degrees 30 minutes West, ] 87.45 feet to the southern line of] 5.00 feet right of way; thence along said right of way North 81 degrees 30 minutes East, ] 50.00 feet to the northwest corner of Lot No. 20; thence along the western line of said Lot No, 20 South 08 degrees 30 minutes East, ] 75.0 feet to a point on the northern line of Michaele Drive, the place of beginning. BEING Lot No.2] (erroneously state Lot 2] and 22 in prior deed) on plan of lots of property of Max L McCombs and Ester McCombs recorded in Plan Book 7, Page] 9. HAVING thereon erected a dwelling known and numbered as 2006 Connie Drive, Enola, Pennsylvania] 7025, BEING Parcel No 10-14-0842-022A. BEING the same premises conveyed unto Gary Poticher and Ruth Poticher, his wife, by Deed dated 08/0]/01 and recorded 08/02/01 in Deed Book Volume 247, Page 3706, granted and conveyed from Debra L. Brewbaker, single person, PREM]SES: 2006 CONNIE DRIVE File #: 123714 VRRTFlC'ATTON 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, ~ J >>Jl FRANCIS S, HALLINAN, ESQUIRE Attorney for Plaintiff DATE: Ci /r9 l ! tv R G ~ t- 7'1:l lit __ -i::. 1ft -.:r ..a () ~ ~ v ~ ~ r- \)' t -t-- ,J~ '..';..,-, (~ .:,.... " ..qHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-2256 MICHELLE L. DARHOWER 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 MICHELLE L. DARHOWER, 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 Plaintiffs damages as follows: As set forth in Complaint Interest from 4/22/06 to 6/22/06 TOTAL $210,769,21 $2,939.42 $213,708.63 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 RuIe 237.1, copy attached, DANIEL G, SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA TED, DATE:_ )11. \p .:;~, ';UV-b PRO PROTHY ./. ~HELAN 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, P A 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MICHELLE L. DARROWER Defendants : NO. 06-2256-CIVIL TERM TO: MICHELLE L, DARHOWER 501 WINDY HILL ROAD, APT. 38 SHERMANSDALE, PA 17090 DATE OF NOTICE: MAY 31. 2006 FILE COpy 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 DEF AUL T BECAUSE YOU HA VE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALL Y OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MA Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA WYER. 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, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-2256 MICHELLE L. DARHOWER 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 MICHELLE L. DARROWER is over 18 years of age and resides at , 501 WINDY HILL ROAD, APT. 38, SHERMANSDALE, PA 17090. This statement is made subject to the penalties of 18 Pa, C.S, Section 4904 relating to unsworn falsification to authorities, DANIEL G, SCHMIEG, ESQUIRE Attorney for Plaintiff ; ,'- t ~ fJ .{q. D "-0 ~ :-C C-: c:'::;, C) . ~ ;;. C) ,.. <:""-', -n c :;J - 10 c: fil :J:! ~ -... ..... 0 r\, r- ~ ~ c~ ;~:~:,g ~ "C f..J V, c..., ;,-( , eJ ~ ~ 9 :~5r-rl ... ;::-1 f: <-'1 -~.". (::) ::0 --.:: ('"""'"-. '-C., PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. No. 06-2256 MICHELLE L. DARHOWER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $213,708.63 Interest from 6/22/06 to DECEMBER 6, 2006 (per diem -$35,13) $5,866,71 and Costs TOTAL $219,575.34 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property,No, IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. $ ... .... -< ~ \A ~ ~ ~ l rJl ~ ,; -< ~ ~ \iO.... ~ o~ rj -i ~~ ~ ~ 8 ~ ;> 'j~ rJi ~'t: ~ tl ~ '" ~rJl ~ 'P 2 ~~ ~ {o;l~ ,~ $ S \iO~ p: ~ ~~~ o~ .~ ~ e ~ ~: '" ~ .... .... 8~ ,;, ;.. g. i ... ,j ~~ 6 ~ ~S 'j ~~ 0 ~ ~ ~ .... ., ~ ot ~ tl u \iO 0 ~ ~~ .... ~ {o;l~ <h S~ ~ e:: '" ., u ~ :% ~~ ... ~ ~ ,;:: -< I>- r-~ ~ ~',;J u u >: V') ~ 1;-:, 2:'1 ,,:.:e. . ,C) ~ N ... - "" ~ CJ:.r::q - ~ .. ':' . ~ L.L .= ~J ~ C.:J C) c;;:::> .. ll: ~ ... '"--' ~ .. .. - I , \ I a \ "Q r:J 0 ~ a ~ a 0"- 0 a <i ~ .......: . . ~ ~ ~ 1.1)"": ~ ~ 0- f) ~ ~~ ....... } -t; 'cl 3 ~ ~ 1 C'i) U) ("11.1 C") Q.. V t:iJ ~ ~ <::J ~ (::1. ( WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2256 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From MICHELLE L. DARROWER (I) You are directed to levy upon the property of the defendant (o)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 garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) 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 $213,708.63 L.L. $.50 Interest FROM 6/22/06 TO 12/6/06 (PER DIEM - $35.13) - $5,866.71 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $] 98.29 Other Costs Plaintiff Paid Date: .rUNE 26, 2006 (Seal) CURTIS R. LONG ProthO~ '--By: l1,.. ~P. ~Cfl.AJJ~r- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address ONE PENN CENTER AT SUBURBAN STATION 1617 .rOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215.563-7000 Suprcll1l' Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION MICHELLE L. DARROWER NO. 06-2256 Defendant(s). CERTIFICATION DANIEL G, SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa, C.S, Section 4904 relating to unsworn falsification to authorities, J:J DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ," 1'\\; C) S c: c::r' f'J- C^\ ., ~' ' -- (:~: (-"1 - ... COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. MICHELLE L. DARHOWER CIVIL DIVISION Defendant(s). NO. 06-2256 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, I) COUNTRYWIDE HOME LOANS. 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 .2006 CONNIE DRIVE. ENOLA. PA 17025 . L Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHELLE L. DARHOWER 501 WINDY HILL ROAD, APT. 38 SHERMANSDALE, P A 17090 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) TOWNSHIP OF HAMPDEN 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, P A 17055 . , 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6, Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale, Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 2006 CONNIE DRIVE ENOLA, PA 17025 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, e.S. Sec, 4904 relating to unsworn falsification to authorities. June 22. 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ::1 ,,' "" r-"::::J a.2. () -'r1 f'",) Go' "-: Sl U1 - OJ J;:~ :<. t , COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY v. No. 06-2256 MICHELLE L. DARHOWER Defendant(s). June 22, 2006 TO: MICHELLE L. DARHOWER 501 WINDY HILL ROAD, APT. 38 SHERMANSDALE, P A 17090 "THIS FIRM IS A DEBT COLLECTOR A1TEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A1TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY... Your house (real estate) at . 2006 CONNIE DRIVE. ENOLA. P A 17025. is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $213.708.63 obtained by COUNTRYWIDE HOME LOANS. 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 MAYBE 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. ~ I. 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, Ifthe Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2 I 5) 563-7000, 2, You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property, 3, The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390, 4, Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe 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 ofthe 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, PA 17013 (717) 249-3166 (800) 990-9108 l . LEGAL DESCRIPTION ALL that certain piece or parcel of land situate in the Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern line of Michaele Drive, said point being located and referenced South 81 degrees 30 minutes West, 225,00 feet from the northwest comer of the intersection of Michaele and Dawn Drives; thence along the Northern line of Michaele Drive South 81 degrees 30 minutes West, 82.82 feet to the point where the northern line of Michaele Drive intersects the eastern line of Connie Drive; thence along the eastern line of said Connie Drive North 29 degrees 30 minutes West, 187.45 feet to the southern line of 15,00 feet right of way; thence along said right of way North 81 degrees 30 minutes East, 150.00 feet to the northwest comer of Lot No. 20; thence along the western line of said Lot No. 20 South 08 degrees 30 minutes East, 175,0 feet to a point on the northern line of Michaele Drive, the place of beginning, BEING Lot No, 21 (erroneously state Lot 21 and 22 in prior deed) on plan of lots of property of Max L McCombs and Ester McCombs recorded in Plan Book 7, Page 19, HAVING thereon erected a dwelling known and numbered as 2006 Connie Drive, Enola, Pennsylvania 17025, BEING the same premises conveyed unto Gary Poticher and Ruth Poticher, his wife, by Deed dated 08/01101 and recorded 08/02/01 in Deed Book Volume 247, Page 3706, granted and conveyed from Debra L Brewbaker, single person. VESTED BY: Warranty Deed dated 2/28/05, given by Gary Poticher and Ruth Poticher, his wife, to Michelle Darhower, individually recorded 4/11/05 in Book: 268, Page: 1737, BEING Parcel No 10-14-0842-022A. PREMISES: 2006 CONNIE DRIVE, ENOLA, PA 17025. . C,_ '";"~ C~<; (_L, ~.. f',) 0" . ,,~) ~T1 '2 en ":;:; :-< '4 SHERIFF'S RETURN - REGULAR , CASE NO: 2006-02256 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS DARHOWER MICHELLE L SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DARHOWER MICHELLE L the DEFENDANT , at 1936:00 HOURS, on the 26th day of April , 2006 at 2006 CONNIE DRIVE ENOLA, PA 17025 by handing to RUTH POTICHER, MOTHER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 13.20 .00 10.00 .00 41. 20 .r~~-'~~ R. Thomas Kline o 5liJ~tJI- Sworn and ~~bsdribed to before 05/11/2006 PHELAN HALLINAN SCHMIEG i.--k~ Deputy S r ff By: me this day of A.D. Prothonotary - SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-02256 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS DARHOWER MICHELLE L 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: DARHOWER MICHELLE L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On May 11th , 2006 , this office was in receipt of the attached return from PERRY Sworn and 6,00 9.00 10.00 49.70 .39 75.09 05/11/2006 PHE!kHALLINAN 51!J!o(, .. subscribed to before me R. Thomas Kl~ne Sheriff of Cumberland County Sheriff's Costs: Docketing Out of County Surcharge Dep Perry County Postage SCHMIEG this day of A.D, Prothonotary . . in The Court of Common Pleas of Cumberland County, Pennsylvania Countrywide HOlle Loans Inc VS. Michelle Darhower No. 06-2256 civil Now, April 25, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to execute this Writ,this deputation being made at the request and risk of the Plaintiff, . -r~'~~~~ Sheriff of Cumberland County, P A Affidavit of Service Now, May 8, , 20~, at 2:26 o'clock P M. served the within Complaint in Mortgage Foreclosure upon Michelle Darhower at 501 Windy Hill Rd. #38 Shermansdale, PA 17090 (Carroll Twp) by handing to Michelle L. Darhower, Defendant a True & Attested and made known to Her copy of the original Complaint in Mortgage Foreclosure the contents thereof. Chief Deputy So answers, Donald E. Smith ~o~f~ County, PA , COSTS SERVICE MILEAGE AFFIDAVIT $ No.TARIAl SEAL RGAm F. FlICKINGER, NOTARY PUBUC Blo.o.MFIELD Bo.Ra.. PERRY Co.UNTY MY COMMISSION EXPIRES FE8, 16. 20.08 $ " (/7- 1)3 V - , -- . AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY / DEFENDANT(S) MICHELLE L, DARHOWER No. 06-2256 i'KS,," 1~31/l.( ACCT. #102649599 SERVE: MICHELLE L. DARHOWER SOl WINDY HILL ROAD, APT. 38 SHERMANSDALE, PA 17090 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 6, 2006 SERVED Servedandmadeknownto All ;c."elle L. h....I....,..,. , Defendant, on the 2rl4 dayofJ ....Iv ,200", atf.'JI ,0'c1ockt,m.,at Sol WI"'.!", /.J:I/ ed. , 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 of Defendant(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 Defendant(s)'s company. Other: Description: Age kl{S"" Height J:!.t'H Weight flr Race -.h.L Sex f= Other I, _tea u: ~ Rol. el'U , 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 Sheriff's Sale in the manner as set forth herein, issued iothe captioned case on the date and at the address indicated above. ~y: jJ~ AST 3 TIMES. INDICATE DATES & TIMES OF SERVICE A TIEMPTED. State ci :~?;W J~;sey PATRICIA E. HARRIS On tJltommission f4Wfllf .Il1np 111, 2008 NOT SERVED ,200_, at o'clock _.m" Defendant NOT FOUND because: Moved Unknown No Answer Vacant Is! Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of ,200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - J.D. No. 62205 .- . 2 ~~ 4"JL~,' f".:; ~::j ~~:;~\- 1:2. ~:':':, ~ "'" d' ~ G> c..:> - Q. ~~ :<1,~' ;)~ ) :--:;:J, _" :-l::Q: -)~ ':"'rn 'S r.. ~ -<:I, :3. '-2 N c:P 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 Countrywide Home Loans, Inc. ATIORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michelle L. Darhower Defendant No. 06-2256 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on April 24, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on June 26, 2006 in the amount of$213,708.63. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1 03 7(b)( 1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 6, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 12/06/06 Per Diem $46.74 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIPIPMI NSF Suspense/Misc. Credits Escrow Deficit $191,676.38 25,822.49 0.00 1,675.00 947.00 0.00 19.00 0.00 0.00 0.00 0.00 7.101.96 TOTAL $227,241.83 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: II /7/o~ . 1 Phelan Hallinan & Schmieg, LLP B~ Michele M. Bradford, Esquire 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, P A 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. ATIORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michelle L. Darhower No. 06-2256 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 2006 Connie Drive, Enola, PA 17025. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriff's Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. 110 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 9 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171,595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117,282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because 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. Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that ifit goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In Rev. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to confonn 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 Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms ofthe Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. ITIo INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. IV. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. v. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee 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. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: J '17~ By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" 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 123714 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANa, TX 75024 A TIORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0(" -..:u s'" (!; () i~h-] CUMBERLAND COUNTY I v. MICHELLE L. DARROWER 2006 CONNIE DRIVE ENOLA, P A 17025 1'-' Q @ b; cf"o Defendant ;~ f!' ~ 6:1;', ~ CIVIL ACTION - LA W C~ ::. ~_. .;_ COMPLAINT IN MORTGAGE FORECLOSURE 5': ~:'..: NOTICE ;:,.~;~ 9 ::;~ c.J1 You have been sued in court. If you wish to defend against the claims set forth in the foli~ingC~ 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 ajudgment 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING ALA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. TillS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIOffiLE PERSONS AT A REDUCED FEE OR NO FEE. ~ --I --L -ri f'1-- \=. ~~ .~~ ~~ $-1,1' "$ , !il.,;. ,:'1$," ,t.'Jn" J'O":" (''l", " 'l.t;.:'l t:.,llr b 0'\), "'0 -r'~A u, . :P:~ ~ ,.f /4" "'" >.'t:\l,~,~. -', ~'4~~~1~~ ;/i;;:~: .~ Of -.S. \0' . I",.-:t,., -110oo'0 l~tf Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PAl 7013 (800)990-9108 Arr.OR;v;~' .~r_ At ~'A C it t-'L i .c' '", , 'i....{;"Sf lJr--., i:. e...ii;~") , 11 r I 'l1.tr: r" '. "i'l: File N; 123714 PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ'7 rd. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563.7000 123714 COUNTRYWIDE HOME LOANS, INC. 71 05 CORPORATE DRIVE PLANO, TX 75024 A TIORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY v. MICHELLE L. DARROWER 2006 CONNIE DRIVE ENOLA, P A 17025 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. (fyou 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 ajudgment 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 HA VB A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH lNFORMA TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association h b certlfy the 32 South Bedford Street -He ere Y Carlislet PA 17013 within to be a true and (800)990-9108 correct copy of the orlgjnal filed of record File 1#: 123714 File f#; 123714 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TmS OFFICE, BE ADVISED TIIA T: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IS V.S.C. * 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE V ALIDo 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 ABOVEo THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE TffiRTY (30) DAY PERIOD FOLLOWING FIRST CONT ACf 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 TIllS ACTION WITWN 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 AFfER YOU HAVE RECEIVED TWS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITWN 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 TIDS SUITo IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGEt THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTA TEo t . Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7l 05 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: MICHELLE L. DARHOWER 2006 CONNIE DRIVE ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/28/2005 mortgagor(s) made, executed and delivered 8 mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR TA YLO~ BEAN & WHITAKER MORTGAGE CORP. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1935, Page: 447S. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/0112005 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. FileH: 123714 6. The following amounts are due on the mortgage: Principal Balance (nterest 05/0112005 through 04/21/2006 (Per Diem $47.41) Attorney's Fees Cumulative Late Charges 02/28/2005 to 04/21/2006 Cost of Suit and Title Search Subtotal $191,785.05 16,877.96 1,250.00 306.20 $ 550.00 $ 210,769.21 Escrow Credit Deficit Subtotal TOTAL 0.00 0.00 $ 0.00 $ 210,769.21 7. The attorney's fees set forth above are in confonnity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. [f the Mortgage is reinstated prior to the Sale, reasonable attorney's fees wilt be charged. 8. Notice ofIntention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon7 and the temporary stay as provided by said notice has tenninated 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 $ 210,769.21, together with interest from 04/2112006 at the rate of$47.41 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 & SCHM[EG, LLP --- ~. /' ~~, By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #I: 123714 LEGAL DESCRIPTION ALL that certain piece or parcel of land situate in the Hampden Township, Cumberland County, Pennsylvania~ bounded and described 8S follows: BEGINNING at a point on the Northern line ofMichaele Drive, said point being located and referenced South 81 degrees 30 minutes West, 225.00 feet from the northwest comer of the intersection ofMichaele and Dawn Drives~ thence along the Northern line of Michaele Drive South 81 degrees 30 minutes West, 82.82 feet to the point where the northern line of Michaele Drive intersects the eastern line of Connie Drive; thence along the eastern line of said Connie Drive North 29 degrees 30 minutes West, 187.45 feet to the southern line of 15.00 feet right of way; thence along said right of way North 81 degrees 30 minutes East, 150.00 feet to the northwest corner of Lot No. 20; thence along the western line of said Lot No. 20 South 08 degrees 30 minutes East, 175.0 feet to a point on the northern line of Michaele Drive, the place of beginning. BEING Lot No. 21 (erroneously state Lot 21 and 22 in prior deed) on plaD oflots of property of Max L. McCombs and Ester McCombs recorded in Plan Book 7, Page 19. HA VINO thereon erected a dwelling known and numbered as 2006 Connie Drive, Enola, Pennsylvania 17025. BEING Parcel No 10-14-0842-022A. BEING the same premises conveyed unto Gary Poticher and Ruth Poticher, his wife, by Deed dated 08/01/01 and recorded 08/02/01 in Deed Book Volume 241, Page 3706, granted and conveyed from Debra L Brewbaker, single person. PREMISES: 2006 CONNIE DRNE . File f#: 123714 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.LPo By: DANIEL G. SCHMIEG Identification Noo 6220!S Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVDo, SUITE 1400 PHILADELPHIA. PA 19103-1814 (215) 563~ 7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CML DIVISION v. NO. 06-2256 MICHELLE Lo DARHOWER A 1'1'0 R r\:t.--:Y FIJ;'.... C ',,) ''', L..l: . .OllV' ;OJ J:AI."r' R .', .I r Il' "-L~_. .....,'1~. .t:;jn. ffOifu.:1 .....-, 'ff:~ U~--Cj~ . C) c -$: r:;lt;,.' [T'n, :if .I:.:~' . ~? ~',:' . r- f PRAECIPE FOR IN REM ~GMENT FOR FAILURE T~ ;:.:' ANSWER AND ASSESSMENT OF DAMAGES .j; ~:2 ~:,;;. 01::;.... Defendant(s). ,'. \ TO THE PROrnONOT ARY: ~ '" = ~ = ~ c~ ~:n c: z ~~ ", eTl s.~c: :r;;. ",-.,-, =-~ ~;?~ C3 ;=;1 :::::-, CJl ~ --< Kindly enter an in rem judgment in favor of the ~laintiff and against MICHELLE L. DARHOWER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within. 20 days from service thereof and for. Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: . As set forth in Complaint Interest from 4/22/06 to 6/22/06 TOTAL $210,769.21 $2,939.42 $213,708063 I hereby certify that (I) the addresses of the Plaititiffand Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ATTORNEY FILE COpy PLEASE RETURN DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DA TE:... .J~ .I~e.. ~I, ( ~C>Ob' ~~\?-~f,LI VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE:~ ~hmieg'LLP By: ~ Michele M. Bradford, Esquire 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, P A 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michelle L. Darhower Defendant No. 06-2256 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief in Support thereof were sent to the following individual on the date indicated below. Michelle L. Darhower 501 Windy Hill Road Lot 38 Sherman's Dale, P A 17090 Michelle L. Darhower 2006 Connie Drive Enola, P A 17025 DATE: 11/1 JfXt; I Michele M. Bradford, Esquire Attorney for Plaintiff I UJ '..,.1 r\,) -( ;-~ Gt , - ..~ COUNTRYWIDE HOME LOANS, INC. : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. MICHELLE L. DARHOWER DEFENDANT : NO. 06-2256 CIVIL ORDER OF COURT AND NOW, this 16th day of November, 2006, upon consideration of the Plaintiffs Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before December 6, 2006; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, ~~~ J. M. L. Ebert, Jr., Michele M. Bradford, Esquire Counsel for Plaintiff Michelle L. Darhower Defendant .] ~'" ~(,(~ ;)v1. ~ ~~ II"/~"'O(, bas Cf- I I :01 hilt 91 AON 9002 .. '"1''' 'f' ,. c,,' t ..., LL :10 ^'"''' I il'\it 'I',." ..:.-J -Ie... \,Jf{ v 'Ii,"",' j....:.,'.... I..... " wi ::!C:i:HC~-c!jllj PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michelle L. Darhower Defendant No. 06-2256 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the November 16, 2006 Rule directing the defendant to show by December 6, 2006 was sent to the following individuals on the date indicated below. Michelle L. Darhower 501 Windy Hill Road Lot 38 Sherman's Dale, P A 17090 Michelle L. Darhower 2006 Connie Drive Enola, P A 17025 Phelan Hallinan & Schmieg, LLP DATE: //JDlD/~ , , ~ Michele M. Brad ord, Attorney for Plaintiff 2 ~ ~ ~ ~ ~~ a ~ ...c: l\~ ZS2" ~ <;Q ~.. ~:i" a:J t::.c :t>- ~-" -0 ~~ ~'-} ::::s: ):1-g ~ ~, ~ ~ ~ CP ~ SALE DATE: DECEMBER 6.2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W COUNTRYWIDE HOME LOANS, INC. No.: 06-2256 vs. MICHELLE L. DARHOWER AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 2006 CONNIE DRIVE. ENOLA. PA 17025. As required by Pa. R.C.P. 3l29.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3l29.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ~~Ji J!~ DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff November 29, 2006 40. COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MICHELLE L. DARBOWER CIVIL DIVISION Defendant( s). NO. 06-2256 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) COUNTRYWIDE HOME LOANS. 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 .2006 CONNIE DRIVE. ENOLA. PA 17025 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHELLE L. DARHOWER 501 WINDY HILL ROAD, APT. 38 SHERMANSDALE, P A 17090 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) TOWNSHIP OF HAMPDEN 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, P A 17055 2301 NORTH 3RD STREET HARRISBURG, PA 17110 3815 SOUTHWEST TEMPLE SALT LAKE CITY, UT 84115 CTCB COORDINATOR - RYE TOWNSIDP BANK OF NEW YORK 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GARY & RUTH POTICHER 2006 CONNIE DRIVE ENOLA, P A 17025 GARY & RUTH POTICHER 33 IDGH VIEW MERTZTOWN, PA 19539-9729 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 plaintiffhas 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 2006 CONNIE DRIVE ENOLA, PA 17025 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. 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'S" ';;t ; \i~'" . f~~~ --~~-- ~ ~\r .? ____ "'"t"E~ ~ '~\ ~"\ 02 11<. $ 01.550 \\~%: 0004~09825 JUN 23 2006 '&9,% : MAlLED FROM ZlPCOOE 19103 <,.\~a 00\ i 8"i ~ ~s"'&'" i .."' ;;- -g. ~ %. ~9: - '0 \0 r$l -1 '" \Jl .l:>- >1l.-\ ~~ '" 7- \i. \ !~ ~~ i ~ ~oJ ~ ..~ () ~t ~ is, ~ o~, t'"' W~ t:1 \ ~ ~~ ~i ~ !~ -; ~ 'Z ~ o i .. ~: lJQ ~~g.~~ 8 8~' ;a K ~~~l; "'\"' ~" l ,~,:;t,5 fJ> ; g g' ts to'1'lot3 !~~\i I; ~, S2... ~ ~~ C5 0 ~. g,'i "& ~;a a ~ 9. li"-g, o\tXgi. g ~,~ a 0 ~~~~; ;I v>' a:::: ~li(\i a\ig, ~. a l I. .iWi i ~~~ p ~. Qo g. ~~ ~ ~ a~&;a ~,,,,!1.~' $-li"<lli .gg8g. :;t't!lGl ~ i~ ~ "" a' ~ l i( \t\\ w, ~ &\~ ' ~,a'~\ ~\ii ~ ~'oo ~ l ~g' ~~o ~~~ a~~ ~~~ OS~ ~~= ~ ~ > 0 ~ ~ ~ (; ~ ~ 'P ~ ~ N \C ~ ~ f""'~u~: ~ '::'+--': :'to.- ;::ai. I,;'~' . a-.!'';~ " -... ::F":;.:.'~,:i'~ )~~ '. .. ~~~ }:;;... I..>l \-oJ ..... r ~. ~ o CD % c 3 a (j) '1 ~ ~ 0 ~ ~ ~ ~~ (':l ~ O~~~~~ ~'rii t"'(':l~~t/.l~ z~s. >o~t"'OOt/.lO(':l"t. ~~,,~~ii~gl ~~~Q~~9~~'~ N ~~ ~ t/.l -< ~ ~2 It lJt o-<~O>~~~ dd~"~~ g, (':l~~~~~~; ~~~ ~~, 0 "a~ ~~ ~ "t. ~ s:- O : ~ S ~ t;;-~P081-~ , fll.r.-'.~~- . ';) ~........ ATOIFI &oWES 02 1M $-.~..25-Q. 00042180;1(1; NOV032006\ MAILED FRoM ZIP CODE 191 03 0)-'2. -=-~ Cf)~e ~ (\I (\I o.fIl~ ~fIl~ ~~~~ ~-1>'dt'"' !~~~ ~.~~~ "d~....F >gAt'"' ::O5~2 O~W~ "flJjO""' ~oa.~ ~~~~ a~~ ~ g. tr1 to::. 9 .... t"'" ct . _ t"'" ~ ~ o i l i .. "1\ It o ~ <: Cf) 1'li ~. -:'71- th -< ~ ;>r-, Z"'-"'" _.~( J J>C Z :2 "" = = c:T' o rr1 ('"") I ~ :r m"T\ , -urn ~~ :r:: -,~ O~- ",(J 1""Sm :":::-t ~ ~ -0 :J: W .. o -.J . -.... PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michelle L. Darhower Defendant No. 06-2256 PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws the Motion to Reassesses Damages, which it filed on November 7 2006. ~r;/'6~ Dat ~ Michele M. Bradford, Esquire Attorney for Plaintiff .. ---.. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michelle L. Darhower Defendant No. 06-2256 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to Withdraw its Motion to Reassesses Damages was sent via first class mail to the person on the date listed below: Michelle L. Darhower 501 Windy Hill Road Lot 38 Sherman's Dale, P A 17090 DATE: Jdf/o)d.P Michelle L. Darhower 2006 Connie Drive Enola, P A 17025 BY' ichele M. Braoford, Esquire Attorney for Plaintiff Q c.. -..,.. '- ,-,..-., r-:> = = c::r- c:::l rn ~ co o -n .-4 "T--n fnF: ~ge; ~~~\ ~~:', -.~ ('~ :::jl r, ':::-\ \;7 ~~ -n ~.." -3.~" ~ o \.0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Taylor. Bean & Whitaker Mtg Corp is the grantee the same having been sold to said grantee on the 6th day of Dee A.D., 2006, under and by virtue of a writ Execution issued on the 26th day of June, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 2256, at the suit of Countrywide Home Loans Inc against Michael L Darhower is duly recorded in Deed Book No. 279, Page 1220. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ;;<3 day of 'fY)~ , A.D. d-c 0 7 a{.~~~ecorderOfDeedS Countrywide Home Loans, Inc. VS Michelle L. Darhower In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-2256 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Michelle L. Darhower, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Writ of Execution, Notice of Sheriffs Sale, and Description according to law. Perry County Return: Now, October 2,2006 at 9:25 o'clock AM served the within Writ, Notice of Sale and Description upon Michelle L. Darhower at 501 Windy Hill Rd., #38, Shermansdale, PA 17090 (Carroll Township), by handing to Michelle L. Darhower, defendant, a true and attested copy of the original Writ, Notice of Sale & Description and made known to her the contents thereof. So answers, Donald E. Smith, Chief Deputy of Perry County, Pennsylvania. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 11,2006 at 1149 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 Michelle L. Darhower located at 2006 Connie Drive, Enola, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Michelle L. Darhower, by regular mail to her last known address of 501 Windy Hill Road, Apt. 38, Shermansdale, P A 17090. This letter was mailed under the date of October 10, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Taylor, Bean & Whitaker Mortgage Corp. It being the highest bid and best price received for the same, Taylor, Bean & Whitaker Mortgage Corp., of 1417 North Magnolia Ave., Ocala, FL 34475-9078, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $1,002.07. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Out of County Perry County $30.00 19.65 15.00 15.00 30.00 10.00 .50 1.00 8.80 4.92 15.00 20.00 9.00 31.90 Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 389.00 321.86 15.94 25.00 39.50 I CI $ 1002.07 I ?II J.1 t>1 --,- ;'~AN:.r~ , R. Thomas Kline, Sheriff ByJ~ Real Estat ergeant ~v- 30.00 e? I. ~1) Ck. ':i 7ft /)0 ~ L I 'i()~31 ~ " . . , COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY v. COURT OF COMMON PLEAS MICHELLE L. DARB OWER CIVIL DIVISION Defendant(s). NO. 06-2256 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) COUNTRYWIDE HOME LOANS. 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 .2006 CONNIE DRIVE. ENOLA. PA 17025 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHELLE L. DARHOWER 501 WINDY HILL ROAD, APT. 38 SHERMANSDALE, P A 17090 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) TOWNSHIP OF HAMPDEN 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, P A 17055 ~ . " . 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 2006 CONNIE DRIVE ENOLA, PA 17025 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. June 22. 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff -. .,. COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY v. No. 06-2256 MICHELLE L. DARHOWER Defendant(s). June 22, 2006 TO: MICHELLE L. DARHOWER 501 WINDY HILL ROAD, APT. 38 SHERMANSDALE, P A 17090 UTHIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. U Your house (real estate) at. 2006 CONNIE DRIVE. ENOLA. PA 17025. is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $213.708.63 obtained by COUNTRYWIDE HOME LOANS. 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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE 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 ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. Atthat 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, PA 17013 (717) 249-3166 (800) 990-9108 .. LEGAl. DESCRIPTION ALL that certain piece or parcel ofland situate in the Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern line of Michaele Drive, said point being located and referenced South 8] degrees 30 minutes West, 225.00 feet from the northwest corner of the intersection ofMichaele and Dawn Drives; thence along the Northern line of Michaele Drive South 81 degrees 30 minutes West, 82.82 feet to the point where the northern line of Michaele Drive intersects the eastern line of Connie Drive; thence along the eastern line of said Connie Drive North 29 degrees 30 minutes West, 187.45 feet to the southern line of 15.00 feet right of way; thence along said right of way North 81 degrees 30 minutes East, 150.00 feet to the northwest comer of Lot No. 20; thence along the western line of said Lot No. 20 South 08 degrees 30 minutes East, 175.0 feet to a point on the northern line ofMichaele Drive, the place of beginning. BEING Lot No. 21 (erroneously state Lot 21 and 22 in prior deed) on plan oflots of property of Max L. McCombs and Ester McCombs recorded in Plan Book 7, Page 19. HAVING thereon erected a dwelling known and numbered as 2006 Connie Drive, Enola, Pennsylvania 17025. BEING the same premises conveyed unto Gary Poticher and Ruth Poticher, his wife, by Deed dated 08/01/01 and recorded 08/02/01 in Deed Book Volume 247, Page 3706, granted and conveyed from Debra L. Brewbaker, single person. VESTED BY: Warranty Deed dated 2/28/05, given by Gary Poticher and Ruth Poticher, his wife, to Michelle Darhower, individually recorded 4/11/05 in Book: 268, Page: 1737. BEING Parcel No 10-14-0842-022A. PREMISES: 2006 CONNIE DRIVE, ENOLA, PA 17025. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2256 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From MICHELLE L. DARHOWER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) YOll are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNTSHEE(S) as follows: and to notify Ihe 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) Jfproperly oflhe 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 S213,708.63 L.L. $.50 Interest FROM 6/22/06 TO 12/6/06 (PER DIEM - $35.13) - $5,866.71 AND COSTS Atty's Coml11 % Due Prothy $1.00 Atty I'a:d $198.29 Other Costs P lain( i If" 1'a tel Date: .TUNE 26, 2006 CURTIS R. LONG (Sea 1) By: REQur-';lT'JG PARTY: Name I). \.'\1 EL G. SCHMIEG, ESQUIRE Addre'>: 0.':1: PF'IN CENTER AT SUBURBAN STATION 1617 JOlIN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephotle: 215-563-7000 SUprc'I1L COen TO No. 62205 , ~ c;n1 c.ui1 ~ ~ Gv;I Real Estate Sale # 07 On August 18,2006 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, P A Known and numbered as 2006 Connie Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 18,2006 By: 0o~~ Real Estate Sergeant b S :01 "'it L - lOr qOOZ 'lid 'AUlnOJ UN\i\d3m..:nJ .:UIB3HS 31-11 .:10 38UJO ~' .. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #7 efore me this d6aul~N~~l~fH~~g~L~&A l'Jotarial Seal Terry L Russell, Notary Public City Of Harrisbur . Dauphin County My Commission piresJ ,2010 mber. Pennsvl nia Ass iati of Notaries '.. 1'._.' 'ii. .~"'''~I . ...,.. ....M.;;.. ~." 1 '.. _ ". I , J l~ ~ WI'" CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA SSe COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, be~ng duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated. by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 20, October 27 and November 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject .matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 7 Writ No. 2006-2256 Civil Countrywide Home Loans, Inc. vs. Michelle L. Darhower Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL that certain piece or parcel of land situate in the Hampden Township, Cumberland County Pennsylvania, bounded and de~ scribed as follows: SWORN TO AND SUBSCRIBED before me this 3 day of November. 2006 NOTARI SEAL LOtS E. SNYDER, Notary Public Carlisle 80m, Cumberland County My Commission Expires March 5, 2009 BEGINNING at a point on the Northern line ofMichaele Drive. said poirlJ: being located. aIld refer_~cel:I