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HomeMy WebLinkAbout06-2662PHELAN 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 X2151 563-7000 tz7ssi SOVEREIGN BANK SB/M TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION 601 PENN STREET READING, PA 19601 v. Plaintiff RICHARD L. FISHEL 640-12 GENEVA DRNE MECHANICSBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. d~ -~~ ~'IUtC`T~ CUMBERLAND COUNTY 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 afrer 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. [F YOU CANNOT AFFORD TO HIRE A LA WYER, TH]S 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 Baz Association 32 South Bedford Street Cazlisle, PA 17013 (800)990-9108 File N: 127351 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. File #: 127351 Plaintiff is SOVEREIGN BANK S/B/M TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: RICHARD L. FISHEL 640-12 GENEVA DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/22/1993 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: 1123, Page: 287. 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 thereafrer 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 #: 127351 6. The following amounts are due on the mortgage: Principal Balance $54,057.89 Interest 3,349.90 08/01/2005 through 05/05/2006 (Per Diem $12.05) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 03/22/1993 to 05/05/2006 Cost of Suit and Title Search 550.00 Subtotal $ 59,207.79 Escrow Credit 0.00 Deficit 9,842.40 Subtotal 9 842.40 TOTAL $ 69,050.19 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 $ 69,050.19, together with interest from 05/05/2006 at the rate of $12.05 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 H~~I,LINAN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File M: 127351 LEGAL DESCRIPTION ALL THAT CERTAIN dwelling unit situated in Sunguild Condominium, Upper Allen Township, Cumberland County, Pennsylvania, designated as Unit No. 1080-12, in the Declazation and Declazation Plan of Sunguild Condominium, dated December 6, 1979 and November 29, 1979 respectively, recorded December 12, 1979 in Cumberland County Misc. Book 249, Page 784 and Plan Book 37, Page 23 respectively; Amendment to the Declazation and Declaration Plans of Sunguild Condominium both dated February 28, 1986, both recorded Mazch 31, 1986, in Cumberland County Misc. Book 315, Page 804 and Plan Book 49, Page 129, respectively; and Second Amendment to Declazation of Sunguild Condominium dated May 25, 1988, recorded June 8, 1988, in Cumberland County Misc. Book 350, Page 753 under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. 196). TOGETHER with all right of title and interest of, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declazation Plans, as amended from time to time. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of the deed, covenant and agree to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Unit Property Act of Pennsylvania; and further, covenant and agree that the unit conveyed by this deed shall be subject to a chazge for all amounts so assessed and that, except insofar as Sections 705 and 706 of said Unit Property Act and of applicable Sections of the Uniform Condominium Act, may relieve a subsequent unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or unit hereby conveyed and all subsequent owner thereof. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by acceptance of this deed, acknowledge that this conveyance is subject in every respect to the Declaration, the Declaration Plans, Code of Regulations and all amendments thereto; and the Grantee further acknowledges that each and every provision of the foregoing is essential to the best interest and for the benefit of all unit owners therein. Grantee and all owners of units in said Condominium covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. The Grantee, for and on behalf of the Grantee, acknowledge that the Grantee has received, no later than fifteen (1 S) days prior to this conveyance, a full and complete Public Offering Statement for Sunguild Condominium and, therefore, waive any and all rights under Section 3406{c) of the Uniform Condominium Act, as amended. BEING the same premises which John D. Krulock and Kazen Ann Krulock by their deed dated January 15, 1991 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book'Y', Volume 34, Page 395, granted and conveyed unto Archie V. Diveglia, Grantor herein. PROPERTY BEING: 640-12 GENEVA DRIVE File k: 127351 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, infonnation 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 unswom falsification to authorities. FRANCIS S. I-IALLINAN, ESQUIRE Attorney for Plaintiff DATE: ti ~ ~ ~~ ~ ~ ~ Q ~ ~ c To W ~ -ca is " ~, ~ ~ ~~ ~ =' _ ~ s~ ~ rn ~` ~. w ~ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 SOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000 SOVEREIGN BANK S/B/M TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION 601 PENN STREET READING, PA 19601 v. Plaintlff, RICHARD L. FISHEL Defendant(s). CUMBERLAND COUNTY COU1rT OF COMMON PLEAS CIVIL DMSION NO. 06-2662 PRAECIPE FOR IN REM JUDGMENT FQR FAILURE TO ANSWER AND ASSESSMENT OF AMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against RICHARD L. FISHEL and ,Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 5/6/06 to 7/8/06 TOTAL $69,050.19 771.20 $69,821.39 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) aze as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. , ESQUIItE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: /. ~~' '~~ PRO PRO ~.eL 127351 ', (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW SOVEREIGN BANK S/B/M TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION CUMBERLAND COUNTY 601 PENN STREET COURT OF COMMON PLEAS Plaintiff, v. RICHARD L. FISHEL Defendant(s). CPVIL. DIVISION NO. 016-2662 Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: DEPUTY If you have any questions concerning this matter, please contact: DANIEL G. SG?ESQUIItE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHyA, PA 19103-1814 (215)563-7000 '*THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORInESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BI,f' T ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** ^PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (2151 563-7000 SOVEREIGN BANK SB/M TO YORK FEDERAL :COURT OF COMMON PLEAS SAVINGS AND LOAN ASSOCIATION Plaintiff : CNIL DNISION Vs. RICHARD L. FISHEL Defendants TO: RICHARD L. FISHEL 640.12 GENEVA DRIVE AJKJA 640 GENEVA DRIVE, UNIT 1080-12 MECHANIC5BURG, PA 17055 DATE OF NOTICE: JUNE 14.2006 CUMBERLAND COUNTY NO. 06-2662-CIVII, TERM F'tLE 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 WII.L BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPBR TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES' TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 S. HALLINAN, ESQUIRE for Plaintiff ` PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG IdentiScation No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PffiLADELPHIA, PA 19103-1814 (215)563-7000 SOVEREIGN BANK S/B/M TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION 601 PENN STREET ~~ ERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. RICHARD L. FISHEL Defendant(s). CIVII. DIVISION NO.O$-2662 VERIFICATION OF NON-MILITAR~' 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) islaze not in the Military os+ Naual 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 RICHARD L. FISHEL is over,l8 yeazs of age and resides at , 640-12 GENEVA DRIVE, MECHANICSBURG, PA 17055 . This statement is made subject to the penalties of 18. Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DAI~TIEL G. S~Pvfil'G, ESQUIRE Attorney for Pllaintiff `C~ ~`~1 ~~ a .~•, 9r '!I i- PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 SOVEREIGN BANK SB(M TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff, v. No.06~2662 RICHARD L. FISHEL Defendant(s). TO THE DIItECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 7/8/06 to DECEMBER 6, 2006 (per diem -$11.48) TOTAL $69,821.39 $1,733.48 and Costs $71,554:87 DAI~L G. ~, ESQUIRE One Penn Center at Sulburban Station 1617 John F. Kennedy Boulevazd, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property,No. IMPORTANT plaintiff the plain stayed in present a NOTICE: This property is sold at It may not be sold in the absen iff at the Sheriff's Sale. The the event that a representative the sale. the direction of the e of a representative sale must be postponed or of the plaintiff is not 127351 d o ~ '~, w ~ O QQ OW ~~O UI U' o~ ~~v 0 Q 0 ~F~,~ V ~~ ~~ ~W o~ ~~ ~v N 7 9 i ~~ W W b~ o~ a `~ v R R V r d a U d ,s> ~, !~ a O N N r Ny q v'. N ALL THAT CERTAIN dwelling unit situated in Sunguild Condominium, Upper Allen Township, Cumberland County, Pennsylvania, designated as Unit No. 1080-12, in the Declazation and Declaration Plan of Sunguild Condominium, dated December 6, 1979 and November 29, 1979 respectively, recorded December 12, 1979 in Cumberland County Misc. Book 249, Page 784 and Plan Book 37, Page 23 respectively; Amendment to the Declaration and Declazation Plans of Sunguild Condominium both dated February 28y 1986, both recorded Mazch 31, 1986, in Cumberland County Misc. Book 315, Page 804 and Plar4 Book 49, Page 129, respectively; and Second Amendment to Declaration of Sunguild Condominium dated May 25, 1988, recorded June 8, 1988, in Cumberland County Misc. Book 35q, Page 753 under the provisions of the Unit Property Act of the Commonwealth of Penns~Avania (Act of July 3, 1963, P.L. No. 196). TOGETHER with all right of title and interest of, in and to the Common Elements as more fully set forth in the aforesaid Declazation of Condominium and Declaration Plans, as amended from time to time. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of the deed, covenant and agree to pay such charges for the maintenance of, repairs to, replacement of and Cxpenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Unit Property Act of Pennsylvania; and further, covenant and agee that the unit conveyed by this deed shall be subject to a charge for all amounts so assessed and that, except insofaz as Sections 705 and 706 of said Unit Property Act and of applicable Sections of the Uniform Condominium Act, may relieve a subsequent unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or unit h¢reby conveyed and all subsequent owner thereof. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by acceptance of this deed, acknowledge that this conveyance is subject in every respect to the Declaration, the Declaration Plans, Code of Regulations and all amendments thereto; and the Grantee further acknowledges that each and every provision of the foregoing is essential to the best interest and $or the benefit of all unit owners therein. Grantee and all owners of units in said Condominiumr covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. The Grantee, for and on behalf of the Grantee, acknowledge that the Grantee has received, no later than fifteen (15) days prior to this conveyance, a full and complete Public Offering Statement for Sunguild Condominium and, therefore, waive any and all rights under Section 3406(c) of the Uniform Condominium Act, as amended. BEING the same premises which John D. Krulock and Kazen Ann Krulock by their deed dated January 15, 1991 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "Y", Volume 34, Page 395, granted and conveyed unto Archie V. Diveglia, Grantor herein. PARCEL IDENTIFICATION NO: 42-24-0792-041A-464012 CONTROL #: 42000885 TITLE TO SAID PREMISES IS VESTED IN Richazd L. Fishel, a s`ngle man, by Deed from Archie V. Diveglia, a married man, dated 3-22-93, recorded 3-26-93~, in Deed Book 36E, page 704. PREMISES BEING: 640-12 GENEVA DRIVE, MECHANIC$BURG, PA 17055 ~ ~ ~ 4 `~~ ~ ~~~8 ~ F ~ F r~~, C' ~ t j ~ ~ ; `~. ~ ~ O ~ ~~ r~ c.^. -> ~; WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-2662 Civil CNIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Sovereign Bank SB/M to York Federal Savings and Loan Association Plaintiff (s) From Richard L. Fishel (1) You are duected to levy upon the property of the defendant (s)and to Sall see -egal description . (2) You aze also duected 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) 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 duetted to notify him/her tlpat he/she has been added as a garnishee and is enjoined as above stated. Amount Due$69,82139 L.L.$.50 Interest from 7/8/06 to December 6, 2006 (per diem - $11.48) $1,733.48! and Costs Atty's Comm Atty Paid $134.64 Plaintiff Paid Date: July 11, 2006 (Seal) Due Prothy $1.00 Other Costs CURTIS R. LONG ProthonotazyQQ , By: Y~LH~ /~ pA~r°~, Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOIIN F. KENNEDY BLVD., SUITE 1400 PffiLADELPHIA, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK SB/M TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION v. Plaintiff, RICHARD L. FISHEL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 06-2662 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: Q 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. D L G. G, ESQUIRE Attorney for Plaintiff ~. "~' SOVEREIGN BANK SB/M TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION v. Plaintiff, RICHARD L. FISHEL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.Od-2662 AFFIDAVTT PURSUANT TO RULE 3129 (Affidavit No. l) Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEIG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following infotmation concerning the real property located at ,640-12 GENEVA DRIVE. MECHANICSBURG. PA' 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Name RICHARD L. FISHEL Last Known Address (if address cannot be reasonably ascertained, please indicate) 640-12 GENEVA DRIVE MECHANICSBURG, PA 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 UPPER ALLEN TOWNSHIP Last Known Address (if address cannot be reasonably asceruained, please indicate) 'IKE PA 17055 r 4. Name and address of last recorded holder of every mortgage ofrecord: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ARCHIE V. DIVEGLIA 108 FOX FIRE LANE LEWISBERRY', PA 17331 r- 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Addh~ess (if address cannot be reasonably ascertained, please indicate) 640-12 GENEVA DRIVE MECHANICSB!URG, PA 17055 13 Nortb Hanovier Street Carlisle, PA 170!13 PO Box 2675 Harrisburg, PA'17105 I verify that the statements made in this affidavit aze true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July 7, 2006 DATE DANIEL G. ~G, ESQUIRE Attorney for Plaintiff DESCRIPTION ~^ ~ ALL THAT CERTAIN dwelling unit situated in Sunguild Condomini um, Upper Allen Township, Cumberland County, Pennsylvania, designated as Unit No. 1080-12, in the Declaration and Declaration Plan of Sunguild Condominium, dated December 6, 1979 and November 29, 1979 respectively, recorded December 12, 1979 in Cumberland County Misc. Book 249, Page 784 and Plan Book 37, Page 23 respectively; Amendment to the Declaration and Declazation Plans of Sunguild Condominium both dated February 2&, 1986, both recorded March 31, 1986, in Cumberland County Misc. Book 315, Page 804 and Plan Book 49, Page 129, respectively; and Second Amendment to Declaration of Sunguild Condominium dated May 25, 1988, recorded June 8, 1988, in Cumberland County Misc. Book 350, Page 753 under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. 196). TOGETHER with al] right of title and interest of, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans, as amended from time to time. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of the deey(, covenant and agree to pay such charges for the maintenance of, repairs to, replacement of and ekpenses in connection with the Common Elements as may be assessed from time to time by the Executive Boazd in accordance with the Unit Property Act of Pennsylvania; and further, covenant and agree that the unit conveyed by this deed shall be subject to a chazge for all amounts so assessed and that, except insofar as Sections 705 and 706 of said Unit Property Act and of applicable Sections of the Uniform Condominium Act, may relieve a subsequent unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or unit hereby conveyed and all subsequent owner thereof. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by acceptance of this deed, acknowledge that this conveyance is subject in every respect to the Declaration, the Declazation Plans, Code of Regulations and al] amendments thereto; and the Grantee further acknowledges that each and every provision of the foregoing is essential to the best interest and for the benefit of all unit owners therein. Grantee and all owners of units in said Condominium covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. The Grantee, for and on behalf of the Grantee, acknowledge that the Grantee has received, no later than fifteen (15) days prior to this conveyance, a full and complete Public Offering Statement for Sunguild Condominium and, therefore, waive any and all rights under Section 3406(c) of the Uniform Condominium Act, as amended. BEING the same premises which John D. Ktulock and Kazen Ann Krulock by their deed dated January 15, 1991 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "Y", Volume 34, Page 395, ganted and conveyed unto Archie V. Diveglia, Grantor herein. PARCEL IDENTIFICATION NO: 42-24-0792-041A~64012 CONTROL #: 42000885 TITLE TO SAID PREMISES IS VESTED IN Richazd L. Fishel, a sirpgle man, by Deed from Archie V. Diveglia, a married man, dated 3-22-93, recorded 3-26-93, lin Deed Book 36E, page 704. PREMISES BEING: 640-12 GENEVA DRIVE, MECHANICS~URG, PA 17055 0 ,-~ ^' - r. ~ . ~_ ~_:, -~ r~ ,..' ,~=, =r` :u ,_,,, .. - o ~? -<. SOVEREIGN BANK S/B/M TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff, v. RICHARD L. FISHEL Defendant(s). C[JMBERLAND COUNTY No. 06»2662 July 7, 2006 TO: RICHARD L. FISHEL 640-12 GENEVA DRIVE MECHANICSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECI'A DEBT AND ANYINFORMATTON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIO(/SLYRECEIVED ADISCHARGE IN BANKRUPTCYAND 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 , 640-12 GENEVA DRIVE, M1;CHANICSBURG. PA 17055, i 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, Cazlisle, PA 17013, to enforce the court judgment of 69 821.39 obtained by SOVEREIGN BANK SB/M TO YORKI Fr'EDERAL SAVINGS AND LOAN ASSOCIATION (the mortgagee) against you. in the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.G~.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: The sale will be cancelled if you pay to the mortgage the back payments, late chazges, costs and reasonable attorney's fees due. To find ouk how much you must pay, you may call: (215) 563-7000. 2. You maybe 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 ~egal 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.) 1, If the Sheriff s Sate 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 maybe able to pefition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a shaze 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) aze filed with the Sheriff within ten (10} days aRer 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 A'I' ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELI~PHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL H)~LP. IMPORTANT NOTICE: This property is sold at the direction postponed or stayed in the event that a of the the plaintiff. It may not be sold Sale. The sale must be aintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY' REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COUR'I~HOUSE CARLISLE, PA 17013 j (717) 249-3166 (800)990-9108 ALL THAT CERTAIN dwellmg unit situated in Sunguild Condominium, Upper Allen Township, Cumberland County, Pennsylvania, designated as Unit Na. 1080-12, in the Declaration and Declaration Plan of Sunguild Condominium, dated December 6, 1979 and November 29, 1979 respectively, recorded December 12, 1979 in Cltenberland County Misc. Book 249, Page 784 and Plan Book 37, Page 23 respectively; Amendment to the Declaration and Declaration Plans of Sunguild Condominium both dated Februazy 28 1986, both recorded Mazch 31, 1986, in Cumberland County Misc. Book 315, Page 804 and PI Book 49, Page 129, respectively; and Second Amendment to Declaration of Sunguild C dominium dated May 25, 1988, recorded June 8, 1988, in Cumberland County Misc. Book 350} Page 753 under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. 196). TOGETHER with all right of title and interest of, in and to tlje Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans, as amended from time to time. The Grantee, for and on behalf of the Grantee and the Grant 's heirs, personal representatives, successors and assigns, by the acceptance of the dee ,covenant and agree to pay such chazges for the maintenance of, repairs to, replacement of and penses in connection with the Common Elements as may be assessed from time to time by the xecutive Boazd in accordance with the Unit Property Act of Pennsylvania; and further, ovenant and agree that the unit conveyed by this deed shall be subject to a chazge for all amoun~s so assessed and that, except insofar as Sections 705 and 706 of said Unit Property Act andof applicable Sections of the Uniform Condominium Act, may relieve a subsequent unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or unit hetteby conveyed and all subsequent owner thereof. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by acceptance of this deed, acknowledge that this conveyance is subject in every respect to the Declaration, the Declaration Plans, Code of Regulations and all amendments thereto; and the Grantee further acknowledges that each and every provision of the foregoing is essential to the best interest and fir the benefit of all unit owners therein. Grantee and all owners of units in said Condominiunp covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. The Grantee, for and on behalf of the Grantee, acknowledge that the Grantee has received, no later than fifteen (15) days prior to this conveyance, a full and complete Public Offering Statement for Sunguild Condominium and, therefore, waive any and all rights under Section 3406(c) of the Uniform Condominium Act, as amended. BEING the same premises which John D. Krulock and Kaze4 Ann Krulock by their deed dated January 15, 1991 and recorded in the Office of the Recorder o$ Deeds in and for Cumberland County in Deed Book "Y", Volume 34, Page 395, granted and conveyed unto Archie V. Diveglia, Grantor herein. PARCEL IDENTIFICATION NO: 42-24-0792-041A-464012 CONTROL #: 42000885 TITLE TO SAID PREMISES IS VESTED IN Richazd L. Fishel, a si~gle man, by Deed from Archie V. Diveglia, a married man, dated 3-22-93, recorded 3-26-93 m Deed Book 36E, page 704. PREMISES BEING: 640-12 GENEVA DRIVE, MECHANICSIBURG, PA 17055 i ,._, t~1 `-e n ~-i C . - -a ~ ~, ~ ci1 { __ --' ~ ~... n r., '~ ~ GG7 ` AFFIDAVIT OF SERVICE PLAIIVTIFF SOVEREIGN BANK SB/M TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION DEFENDANT(S) RICHARD L. FISHEL CUMBERLAND COUNTY Ne. 06-2662 ~stk ia~ 3sl ACCT. #0356120641 Type of Action SERVE RICHARD L. FISHEL AT -Notice of Sheriff's Sale 640-12 GENEVA DRIVE MECHANICSBURG, PA 17055 Sale Date: DECEMBER 6, 2006 p SERVED Served and made lmownnnto 1~ i C' ~ngl` tl ~ • `She ~ ,Defendant, on the Z d day of ~~+ ~ Y , 200 ai ~ o'clock N.m., at o- a~~l Cs of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Aduh in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s ot5ce or usual place of business. an officer of said Defendant(s)'s company. Other. Description: Age 3o- t{O Height S 19 t r W eight Z IG Race W Sex M commonwealth I, 1'J G u i d 1~. D 6 e/`)<-S , a competent adult, being duly sworn according to law, depose and state that I petsonally handed a hue 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. and _ By Dcc,.rl '~ AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. State of New Jersey PATRICIA E. HARRIS NOT SERVED Commission Expires June 16, 2008 On the day of . 2tH1~ at o'clock - m, Defendant NOT FOUND because: Moved Unlmown _ No Answer Vacant 1" Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscnbed before me this day of .200 _. Notary: By: Attomev [or Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 2"a Attempt: / / Time: /l ~~ c ~ o ~, - ' ~„ 7 ny~ _ W b~ _ ~. `~ { r ~ `D C ~~; C_ Ca ~m "C ~ ---1 U -' . K SHERIFF'S RETURN - REGULAR CASE NO: 2006-02662 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK ET AL VS FISHEL RICHARD L WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FISHEL_RICHARD L the DEFENDANT at 1756:00 HOURS, on the 24th day of May 2006 at MOE'S BAR 4709 GETTYSBURG ROAD CAMP HILL, PA 17011 RICHARD FISHEL by handing to 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 18.00 Service 24.64 Affidavit .00 Surcharge 10.00 .00 52 . 64/ Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 05/25/2006 PHELAN HALLINAN SCHMIEG By~ Deputy Sheriff of A.D. 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 Sovereign Bank S/B/M to York Federal Savings and Loan Association Plaintiff vs. Richard L. Fishel Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 06-2662 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: Plaintiff commenced this foreclosure action by filing a Complaint on May 10, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". Judgment was entered on July 8, 2006 in the amount of $69,821.39. 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 1037(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. 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 $54,057.89 Interest Through 12/06/06 5,725.63 Per Diem $11.83 Late Charges 357.07 Legal fees 2,475.00 Cost of Suit and Title 1,347.00 Sheriff s Sale Costs 0.00 Property Inspections 0.00 AppraisalBPO 0.00 MIP/PMI 0.00 NSF 0.00 Suspense/Nlisc. Credits 0.00 Escrow Deficit 11,313.52 TOTAL $75,276.11 The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 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. I P~ lan Hallinan & Sch ieg, LLP Date: ~ (~o By, / ichele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 Sovereign Bank S/B/M to York Federal Savings Court of Common Pleas and Loan Association vs. Richard L. Fishel Plaintiff Civil Division Cumberland County No. 06-2662 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 640-12 Geneva 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, 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 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 Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied, 20 P,L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortea~e Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. 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 Properly, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. l 57, 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 of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. 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 Sheriffs 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 of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallman & hmieg, LLP DATE: ~_c~ 2~ y. Michele M. Bra ford, Esquire Attorney for Plaintiff Exhibit ~~A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 tz73st SOVEREIGN BANK S/B/M TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION 601 PENN STREET READING, PA 19601 Plaintiff v. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DNISION TERM NO. ~tm -~~ CUMBERLAND COUNTY RICHARD L. FLSHEL 640-12 GENEVA DRIVE MECHANICSBURG, PA 17055 ATTORIV~1f FlL~ t Defendant CIVIL ACTION -LAW COMPLAINT IIY MORTGAGE FORECLOSURE NOTICE You have been sued in court. Ifyou 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 eatering 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 maybe 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 W i'i'H INFORMATION ABOUT HIRING A LAWYER. [F 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 ~ o 32 South Bedford Street ~ ~ Carlisle, PA 17013 -d i'x~ n r;• ~~ (80090.9108 ~;.~.~ ]'wp 8 tCI~E :.~ 31.1Oxfj 1~ ~.~F' of our rnvof `- t Y ~~ ~ w ~ ~ File k: 127351 PHELAN HALLINAN & SC[-Ilv1IEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE ! 400 PHILADELPHIA, PA 19103 (215) 563-7000 1273s1 SOVEREIGN BANK S/BJM TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION 601 PENN STREET READING, PA 19601 Plaintiff v. RICHARD L. FISHEL 640-12 GENEVA DRIVE MECHANICSBURG, PA 17055 Defendant ATTORNEY FOR PLAIN'T'IFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY 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 actioa within twenty {20) days after this complaint and notice aze 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, PA 17013 (800}990-9108 ~ the W~~11~ die teereby s~ '~ c erect coP~ File q: 127351 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECENED 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 RECEH'T 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, NQ REQUEST WILL BE MADE TO T$E 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 CREDTIOR 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 OTHERWLSE) 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. File p: 127351 Plaintiff is SOVEREIGN BANK SBlM TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: RICHARD L. FISHEL 640-12 GENEVA DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and rest owner(s) of the property hereinafter described. On 03/22/1993 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLA1N'ITFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No: 1 i 23, Page: 287. The premises subject to said mortgage is described as attached S. 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 N: 127351 6. The following amounts are due on the mortgage: Principal Balance $54,057.89 Interest 3,349.90 08/01/2005 through OS/051200b (Per Diem $ l2.OS) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 03/22/1993 to OS/OS/2006 Cost of Suit and Title Search SSO 0 Subtotal $ 59,207.79 Escrow Credit 0.00 Deficit 9,842.40 Subtotal $ 9.842.40 TOTAL $ 69,050.19 The attorney's fees set forth above are inconformity 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 Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 9l 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 $so,o0o. WHEREFORE, PLAINTIFF demands an in ~ Judgment against the Defendants} in the sum of $ 69,OS0.19, together with interest from OS/OS/200b at the rate of $12AS 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 H~I,LINAN & SCHMIEG, LLP By. /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. NALLINAN, ESQUIRE Attorneys for Plaintiff File !l: f 27351 LEGAL UESCR[PTION ALL THAT CERTAIN dwelling unit situated in Sunguild Condominium, Upper Allen Township, Cumberland County, Pennsylvania, designated as Unit No. 1080-12, in the Declaration and Declaration Plan of Sunguild Condominium, dated December 6, 1979 and November 29, 1979 respectively, recorded December i 2, 1979 in Cumberland County Misc. Book 249, Page 784 and Plan Book 37, Page 23 respectively; Amendment to the Declaration and Declaration Plans of Sunguild Condominium both dated February 28, 1986, both recorded March 31, 198b, in Cumberland County Misc. Book 315, Page 804 and Plan Book 49, Page 129, respectively; and Second Amendment to Declaration of Sunguild Condominium dated May 25, 1988, recorded June 8, 1988, in Cumberland County Misc. Book 350, Page 753 under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 19b3, P.L. No. 196). TOGETHER with all right of title and interest of, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans, as amended from time to time. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of the deed, covenant and agree to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in acwrdance with the Unit Property Act of Pennsylvania; and further, covenant and agee that the unit conveyed by this deed shall be subject to a charge for ail amounts so assessed and that, except insofar as Sections 70S and 706 of said Unit Property Act and of applicable Sections of the Uniform Condominium Act, may relieve a subsequent unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or unit hereby conveyed and all subsequent owner thereof. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by acceptance of this deed, aclwowledge that this conveyance is subject in every respect to the Declaration, the Declaration Plans, Code of Regulations and all amendments thereto; and the Grantee further acknowledges that each and every provision of the foregoing is essential to the best interest and for the benefit of all unit owners therein. Grantee and all owners of units in said Condominium covenant and ages, as a covenant running with the land, to abide by each and every provision of said documents. The Grantee, for and on behalf of the Grantee, acknowledge that the Grantee has received, no later than fifteen (15) days prior to this conveyance, a full and complete Public Offering Statement for Sunguild Condominium and, therefore, waive any and all rights under Section 3406(c) of the Uniform Condominium Act, as amended. BEING the same premises which John D. Krulock and Karen Ann Krulock by their deed dated January 15, 1991 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Dead Book'Y', Volume 34, Page 395, granted and conveyed unto Archie V. Diveglia, Grantor herein. PROPERTY BEING: b40-12 GENEVA DRIVE File ~: 127351 Exhibit "B" 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 PHILADELPHIA, PA 19103-1814 f215) 563-7000 SOVEREIGN BANK SB/M TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION CUMBERLAND COUNTY 601 PENN STREET COURT OF COMMON PLEAS READING, PA 19601 . CIVIL DIVISION v. Plaintiff, RICHARD L. FISHEL Defendant(s). NO. 06-2662 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 RICHARD L. FISHEL and ,Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 5/6/06 to 7/8/06 TOTAL $69,050.19 771.20 $69,821.39 I hereby certify that (1) 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. , ESQUIltE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 127351 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. helan Hallman & hpmieg~, LLP TE: ~' 1~~0 B ~ ~3'~~ )A y ichele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford. Esauire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (2151563-7000 Sovereign Bank S/B/M to York Federal Savings and Loan Association Plaintiff vs. Richard L. Fishel Defendant Court of Common Pleas Civil Division Cumberland County No. 06-2662 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. Richard L. Fishel 640-12 Geneva Drive Mechanicsburg, PA 17055 elan Hallinan & mieg, LLP DATE: _J~~ By. Michele M. Bradford, Esquire Attorney for Plaintiff SOVEREIGN BANK, IN THE COURT OF COMMON PLEAS OF S/B/M to York Federal Savings :CUMBERLAND COUNTY, PENNSYLVANIA And Loan Association PLAINTIFF V. RICHARD L. FISHEL, DEFENDANT NO. 06-2662 CIVIL ORDER OF COURT AND NOW, this 29`h day of November, 2006, upon consideration of the Plaintiff's 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 19, 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, ~~ M. L. Ebert, Jr., J. ~chele M. Bradford, Esquire Counsel for Plaintiff 1 chard L. Fishel Defendant bas `~! ~~t F;~f1_~~ w ~~ Pd'~ ~dzr~~~~.uLd ~ ~o ~~~~-o--nom SALE DATE: DECEMBER 6, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW SOVEREIGN BANK S/B/M TO YORK FEDERAL SAVINGS AND LOAN No.: 06-2662 ASSOCIATION vs. RICHARD L. FISHEL 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: 640-12 GENEVA DRIVE. MECHANICSBURG. PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(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. DANIEL SCHMIEG, ESQ Attorney for Plaintiff November 30, 2006 1 ~ SOVEREIGN BANK SB/M TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. . CIVIL DIVISION RICHARD L. FISHEL . N0.06-2662 Defendant(s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) SOVEREIGN BANK S/B/M TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, 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 ,640-12 GENEVA DRIVE, MECHANICSBURG, PA 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Name RICHARD L. FISHEL Last Known Address (if address cannot be reasonably ascertained, please indicate) 640-12 GENEVA DRIVE MECHANICSBURG, PA 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) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG, PA 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) ARCHIE V. DIVEGLIA 108 FOX FIRE LANE LEWISBERRY, PA 17331 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 maybe 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 maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare SUNGUILD CONDOMINIUM 640-12 GENEVA DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 C/O 640 GENEVA DRIVE MECHAINCSBURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 3, 2006 ~~~~~~ DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff r~M4 Name and PHELAN HALLINAN & SC!-IlVIIEG, L.L.P. Address One Fenn Center at Subtallan Station OT Sender 1617 7olut F. Kem/edy Boulcvard, Suitc 1400 PMladciphia, PA 14103-1814 CHRTSI'IIHE SCHOFFLEIt/! Liter ArticleNurnber Nameaf,-arrara~,sa.r,,.afroaofaee,uan. tachge P« 1 DOMFSTiC RELATIONS OF CUMBBRLAND COUNIY,13 NORTH HANOVER STREET, CARLISLE, P7 S ,~ - - 2 COMMONW)+:ALTH OF PENNSYLVANIA, DEPARTMENT OF WELFARE, PO BOX 2675, HARRISBIJRt ~N q 3 TENANT/ OQCf]PANT,640-12 GENEVA DRIVE, N11BC1iAMCSBURt3, PA 17055 ~~ r'~ ~ ~ 4 ~ ~ RICHARD L. FISHEl., 640-12 GENEVA DRTVFi, MECHANICSBURG, PA 17055 ~ fA ~ 5 UPPER ALIEN TOWNSHIP, 100 GEITYSBURG PIKE, MECFTANICSBURG, PA 17055 ~~ h 6 ~ v ~ ARCHIE V. D[VEGLIA, 108 FOX FIRE LANE, LEW[SBERRY, PA 17331 ~~ ° 7 _ p~ o ~ "'~1iI1 N 00.E 8 R 9 I ]0 :. 11 12 ~' 13 .- 14 15 RICHARD L. FISIIEL CQS CUMABRLAND 127351 TodPloiaot Piacu Islad BY Seada ToWlBoahetot!~iaoo Raceirrd al Poq OAes F'em»utaFbr(Na~cOlRaoti.m{ FioPbyce) 7Leilldeelna6onafwlucianpuimdaaJdornealkaodo~laaa0a0alwu7.Thsaalxiamidetotypayah4for in neoaubtuctimatnm~gOWble dxvaoO mler ExD~ Mao doeuawt ~ewoctumm imxe io 730.000.00 PW D~ oa6jaq n ~ Ihmt oC7300A00per ooeure0ee. The ~oalova Edandy' WYE wY.~raa Fial avadnad'se Ysvcaeee h f300.TIr ncdmov indeom(tY payabic io 723,000 for nr7irioad ~ aeo<wi0c huiranw. Sac I?ocaa0c 72a0 ARm,rl 8900,5917 a0d 5921 fat IholYOaoe eSteaen~r. ,~< ~~~ 3~ ~' ~,;,~ '~o,~ bo H z v, .p w N ~-- o r ~ 1 o~ ° ~ ~ ~ ~I C 1 ~ ,~ ~ z ~ n ~ n ~ trJ p z z o . ~ ~ C ~ a ° ' ~,o " r i ~ ~ C1 r i ~ k' °~..~~ ~~3 ~ bd C ~ ~ s ° r C ~d~ s ~~~ ~ ~ b to ro ,~ u°, H 1..- M.y A d ° ~ .. ~ ~ ~ O ~ ~ ~ ;~ ~ o y.7 m ,r N J w ~. ~+ b'~^ ~, ~' g ee g ~ ~ w~s~~' ~. ~ Q. ~ : ° ~ .~ n c. N M O n M M ~ C ~ O g ~ !~ H 8 ~ p C ~ O' 6 ~ oq ep 4 ~ " ~ p ( Ol~ N ~ n p'{ ~ W n g p X y n ~g ~~. N ~ ~ ° a. ~ ~ t ,y g ~.'~ S ~ ~' n a~ m y'CP'lf.~ ~T~ ~' 7 ~~ g• ~' $ - 02 1M ~ OO 000421 801 0 NOV 0 ~ ~ 8 ~ MAILED FROM ZIP CODE ~ ~•b n o ~am v,a~ C ~ t~ ~ y •~ a h~~ ~- c~ ~o ~~~~ ~ ~ n Y~~r y~y `a ~ Z ' Gd ~ ~~ ~~~c~ C/~ ~ ~ G ~ • r 'r o :-d 0 b wvues 1.95° 3 2006 .19103 h ~ c~ ~ o -_ ~ ~ , ~ ' r ~ U _ :: ~ ~ 'Z? -~ F'~ C 1'l C.a ~j "`-t CTl ."'C PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 X215) 563-7000 Sovereign Bank S/B/M to York Federal Savings and Loan Association Court of Common Pleas Civil Division vs. Richard L.Fishel Plaintiff Defendant Cumberland County No. 06-2662 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the November 29, 2006 Rule directing the defendant to show by December 19, 2006 was sent to the following individuals on the date indicated below. Richard L. Fishel 640-12 Geneva Drive Mechanicsburg, PA 17055 DATE: ~ O~ Phelan Hallinan & Schmieg, LLP /' By: Michele M. Bradford, Attorney for Plaintiff ~ ~ Cy _ c~ri "+'1 j i} ~ --1 ~~ ~ F.:... ~ ~ ~ y x/` } . - .. rya ',~'/ f r 1 '^ . ~ . ~ ~ ~} ` ry u a em , q f Y PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (2151 SE3-7(l~~ Sovereign Bank S/B/M to York Federal Savings Court of Common Pleas and Loan Association vs. Richard L. Fishel Plaintiff Defendant Civil Division Cumberland County No. 06-2662 Sovereign Bank S/B/M to York Federal Savings and Loan Association 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: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on November 22, 2006. 3. A Rule was entered by the Court on or about November 29, 2006 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on December 4, 2006, in accordance with the applicable rules of civil procedure. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of December 19, 2006. 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 ,~ ~~ Date Michele M. Bra ford, Esquire Attorney for the Plaintif 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 ~21~,1 SEA-7~~~ Sovereign Bank S/B/M to York Federal Savings and Loan Association Plaintiff vs. Richard L. Fishel Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 06-2662 Bl~[F.F [N SUPPnRT nF P[,A[NT[FF'~ MOT[nN Tn MAKF, R[TLF, AR~n[,[TTF A Motion to Reassess Damages was filed with the Court on November 22, 2006. A Rule was entered by the Court on or about November 29, 2006 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on December 4, 2006 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of December 19, 2006. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN &SCHMIEG, I,LP o~ ~'v Date is ele M. radford, Esquire Attorney for the Plaintiff Exhibit "A" SOVEREIGN BANK, S/B/M to York Federal Savings And Loan Association PLAINTIFF V. RICHARD L. FISHEL, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2662 CIVIL ORDER OF COURT AND NOW, this 29"' day of November, 2006, upon consideration of the Plaintiff s 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 19, 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, `~ ,,. M. L. Ebert, Jr., J. Michele M. Bradford, Esquire Counsel for Plaintiff Richard L. Fishel Defendant bas Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Sovereign Bank S/B/M to York Federal Savings Court of Common Pleas and Loan Association Civil Division Plaintiff ~~~ Cumberland County vs. ~ ~~G~ ~, '~~~ No. 06-2662 .~ ~~, Richard L. Fishel ~'~~~ ~~~~ _ _ - =- _..,-~ Defendant ~"' ~-; ° '?' ';'-~:; . ;- CERTIFICATION OF SERVICE ~-~ `~' -~--_ .- f' ~- -. _ ~, I hereby certify that a true and correct copy of the November 29, 2006 Rule~~ directing the defendant to show by December 19, 2006 was sent to the following individuals on the date indicated below. Richard L. Fishel 640-12 Geneva Drive Mechanicsburg, PA 17055 F.,.~~! ~ ~~) ,~- F w- ;, Phelan Hallinan & Schmieg, LLP .~ ']~ / BY~ 1 DATE: ~D Michele M. Bradford, Attorney for Plaintiff ~~ . r, . :;, 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. . , (~ c~.o Date Michele M. Bradford, Esquire Attorney for Plaintiff ' ~ PHELAN HALLINAN & SCHMIEG, LLP b Michele M Bradford Esquire ATTORNI?Y FOR PLAINTIFF Y• Atty. LD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Sovereign Bank S/B/M to York Federal Savings Court of Common Pleas and Loan Association vs. Richard L. Fishel Plaintiff Defendant Civil Division Cumberland County No. 06-2662 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: Richard L. Fishel 640-12 Geneva Drive Mechanicsburg, PA 17055 ., i ~~ Date: i ichele 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 Sovereign Bank S/B/M to York Federal Savings and Loan Association vs. Richard L. Fishel Plaintiff Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 06-2662 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: l . Plaintiff commenced this foreclosure action by filing a Complaint on May 10, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on July 8, 2006 in the amount of $69,821.39. 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 1037(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 $54,057.89 Interest Through 02/07!07 6,198.92 Per Diem $11.83 Late Charges 357.07 Legal fees 2,900.00 Cost of Suit and Title 1,407.00 Sheriff s Sale Costs 0.00 Property Inspections 0.00 Appraisal/BPO 0.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 19,624.87 TOTAL $84,646.52 6. Plaintiff paid the following amounts for real estate taxes during the time the loan has been in default: The escrow breakdown is as follows: 1993-2000 Taxes $2,959.00 11 /08/00 Taxes 605.00 11 / 16/00 Taxes 605.00 1/30/01 Taxes 4,310.00 06/08/05 Township Taxes 222.11 08/24/05 School Taxes 1,141.29 04/18/06 Township Taxes 329.83 08!21 /06 School Taxes 1,141.29 11 / 17/06 County Taxes 8,311.3 5 Total Escrow $19,624.87 7. The j udgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. 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. Pl~lan Hallinan & S h ieg, LLP Date: ~~ f ~ By: ~ ~ Michele M. Bra ord, 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, PA 19103-1814 (215) 563-7000 Sovereign Bank S/B/M to York Federal Savings and Loan Association vs. Richard L. Fishel Plaintiff Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 06-2662 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 640-12 Geneva 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. [n 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 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 Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988}. The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mort~a~e 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. 1 17, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment 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 Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. INTEREST 1'he 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, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 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, 5 I Pa. 78 (1865); First Federal 5avin~s 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 of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. h/e!lan Hallinan hmieg, LLP ~" ~' f~ /" DATE: c~, By: i` Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLIIVAN & SCHMIEG, LLP LA W RENCE T. PHELAN, ESQ., id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUTI-E 1400 PHILADELPHIA, PA 19103 (215,563-7000 t273s1 SOVEREIGN BANK S/B/M TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION 601 PENN STREET READING, PA 19601 Plaintiff v. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVII. DIVISION TERM e,~.(.`1~~~ CUMBERLAND COUNTY RICHARD L. FTSHEL 640-12 GENEVA DRIVE MECHANICSBURG, PA 17055 ATr(~1~ Fll~ C01~ Defendant ~~~~ ~'~ CIVIL ACTION -LAW COMPII.AINT 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 nay money claimed in the complaint oc 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 EIIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WTTH 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 t"~ o 32 Soutfi Bedford Street ~ ~ ~ Carlisle, PA 17013 ~ ~% ~ r.' (80090-9108 > ~ ~.~ ~ ~ ~~ O~ ~~ C'Al,tj ~ ~ DB ~: i0 ra# C~Y~.~ ~ of our rnvoic~ .. w ~ ~ Fik M: 127351 PHELAN HALLTNAN & SCHMIEG, LLP LAWRENCE 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 tz73si SOVEREIGN BANK S/B/M TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION 601 PENN STREET READING, PA 19601 Plaintiff v. RICHARD L. FISI~EL 640-I2 GENEVA DRIVE MECHANICSBURG, PA 17055 Defendant ATTORNEY FOR PLAINT~F COURT OF COMMON PLEAS CTV1L DIVISION TERM NO. CUMBERLAND COUNTY CTYIL 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. TH[S OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFF[CE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FBE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Redford Street Cariisle, PA 17013 ~goo}~9o-9taa ~ 4h~ .wY~~~~ We ~te~y a~+a. ~ rat ~~y ~t~e~`t~ ~rtt~ File f: 127351 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I5 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DE$T OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTI' (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 WII,L SEND DEFENDANTS} THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, TF 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 TQ 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 TIIIRTY (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 TffiS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. TT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Eile p: 127751 1. Plaintiff is SOVEREIGN BANK SB/M TO YORK FEDERAL SAVINGS AND LOAN A5SOCIATION 60I PENN STREET READING, PA 19601 2. ~ The name{s) and last known address(es) of the Defendant(s) are: RICHARD L. FISHEL 640-12 GENEVA DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described 3. On 03/22/1993 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is cecorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No: 1123, Page: 287. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal andutterest upon said mortgage due 09101/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments aRer a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Filc ~: 127351 6. The following amounts are due on the mortgage: Principal Balance $54,057.89 Interest 3,349.90 08/01/2005 through 05/0512006 (Per Diem $ 12.05) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 03/22/1993 to 05/05/2006 Cost of Suit and Title Search S 0.00 Subtotal $ 59,207.79 Escrow Credit 0.00 Deficit 9,842.40 Subtotal $ 9,842.40 TOTAL $ 69,050.19 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 purchases 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 We temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiffor 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 refit Judgment against the Defendants} in the sum of $ 69,050.19, together with interest from 05/05/2006 at the rate of $12.05 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. PfiELAN~,~I~LINAN 8t SCH~M~IEG, LLF By. /s/Francis S. Hnllinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQiTIRE Attorneys for Plaintiff Filc /!_ IZ735! LEGAL llESCRIPTION ALL THAT CERTAIN dwelling unit situated in Sunguild Condominium, Upper Allen Township, Cumberland County, Pennsylvania, designated as Unit No. 1080-12, in the Declaration and Declaration Plan of Sunguild Condominium, dated Deccmber 6, 1979 and November 29, 1979 respectively, recorded December I2, 1979 in Cumberland County Misc. Book 249, Page 784 and Plan Book 37, Page 23 respectively; Amendment to the Declaration and Declaration Plans of Sunguild Condominium both dated February 28, 1986, both recorded March 31, 198b, in Cumberland County Misc. Book 315, Page 804 and Plan Book 49, Page 129, respectively; and Second Amendment to Declaration of Sunguild Condominium dated May 25, 1988, recorded June 8, 1988, in Cumberland County Misc. Book 350, Page 753 under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. 196). T'OG'ETHER with all right of title and interest of, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans, as amended from time to time. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of the deed, covenant and agree to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Unit Property Act of Pennsylvania; and further, covenant and agree that the unit conveyed by this deed shall be subject to a charge for all amounts so assessed and that, except insofar as Sections 705 and 706 of said Unit Property Act and of applicable Sections of the Uniform Condominium Act, may relieve a subsequent unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or unit hereby conveyed and alt subsequent owner thereof. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by acceptance of this deed, acknowledge that this conveyance is subject in every respect to the Declaration, the Declaration Plans, Code of Regulations and all amendments therein; and the Grantee further acknowledges that each and every provision of the foregoing is essential to the best interest and for the benefit of all unit owners therein. Grantee and all owners of units in said Condominium covenant and agee, as a covenant running with the land, to abide by each and every provision of said documents. The Grantee, for and on behalf of the Grantee, acknowledge that the Grantee has received, no later than fifteen (15) days prior to this conveyance, a full and complete Public Ot~ering Statement for Sunguild Condominium and, therefore, waive nay and all rights under Section 3406(c) of the Uniform Condominium Act, as amended. BEING the same premises which John D. Krulock and Karen Ann Krulock by their deed dated January 15, 1991 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book''Y', Volume 34, Page 395, granted and conveyed unto Archie V. Diveglia, Grantor herein. PROPERTY BEING: 640-12 GENEVA DRIVE File 11: 127351 Exhibit "B" 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 PHILADELPHIA, PA 19103-1814 X2151 563-7000 SOVEREIGN BANK SB/M TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION CUMBERLAND COUNTY 601 PENN STREET COURT OF COMMON PLEAS READING, PA 19601 CIVIL DIVISION Plaintiff, ~• NO. 06-2662 RICHARD L. FISHEL 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 RICHARD L. FISHEL and ,Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 5/6/06 to 7/8/06 TOTAL $69,050.19 771.20 $69,821.39 I hereby certify that (1) 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. , ESQ[IIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 127351 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. elan Hallinan &%5`~hmieg, LLP ~' DATE: By: ich le M. Brad ord, 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, PA 19103-1814 (215 563-7000 Sovereign Bank S/B/M to York Federal Savings and Loan Association vs. Richard L. Fishel Plaintiff Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 06-2662 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. Richard L. Fishel 640-12 Geneva Drive Mechanicsburg, PA 17055 he n Hallinan &,~~hmieg, LLP /' /'~ . ~, f DATE: _ ~ ~ By:~~' . is el ra f rd, Esquire Attorney for Plaintiff ~~ ~ m ~"::. ,~, ~ f~~ ~ ~ ~ ~"~ 1 '~"} '~ r' ~. ~' T's £r.~ IN THE COURT OF COMMON PLEAS SEC $ 7 2OOBA~'~ CUMBERLAND COUNTY, PENNSYLVANIA Sovereign Bank SB/M to York Federal Savings Court of Common Pleas and Loan Association Civil Division Plaintiff Cumberland County vs. No. 06-2662 Richard L. Fishel Defendant QBI2EB h << ~ AND NOW, this 2 day of ~ o.N ~ ~~`~ , 200~the Prothonotary is ORDERED to amend the judgment in this case as follows: Principal Balance $54,057.89 Interest Through 12/06/06 5,725.63 Per Diem $11.83 Late Charges 357.07 Legal fees 2,475.00 Cost of Suit and Title 1,347.00 Sheriffs Sale Costs 0.00 Property Inspections 0.00 Appraisal/BPO 0.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 11,1 TOTAL $75,276.11 Plus interest from 12/06/06 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. BY THE COURT ~ ~; ~~~ J. 133838 s ' ~.: f a ~ltl. r ^..rr-.r^~+ i/ ~i~ ' / -+~ PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (2152563-7000 Sovereign Bank SB/M to York Federal Savings Court of Common Pleas and Loan Association Civil Division Plaintiff Cumberland County vs. No. 06-2662 Richard L. Fishel Defendant PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws the Motion to Reassesses Damages, which it filed on November 22, 2006 and Motion to Make Rule Absolute, which it filed on December 20, 2006. ~~~ Da / chele M. Bra ford, Esquire Attorney for Plaintiff ~ ~ PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 X215) 563-7000 Sovereign Bank S/B/M to York Federal Savings Court of Common Pleas and Loan Association Plaintiff Civil Division Cumberland County vs. Richard L. Fishel Defendant No. 06-2662 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to Withdraw its Motion to Reassesses Damages and Motion to Make Rule Absolute was sent via first class mail to the person on the date listed below: Richard L. Fishel 640-12 Geneva Drive Mechanicsburg, PA 17055 ~,,-~ DATE: ~~ By: ichele d or , squire Attorney for Plaintiff r `"~ ~ `~' ~ i ~. . ~r.~ c:: ~ rn~ ~' t ~ ,_, . cn .:-:. ep ~ '- ~ rtj - ,,,~ - '~_" ~ ~ ; ~"' ~ ~ W _ ~ ~ SOVEREIGN BANK, IN THE COURT OF COMMON PLEAS OF SIB/M to York Federal Savings :CUMBERLAND COUNTY, PENNSYLVANIA And Loan Association PLAINTIFF V. : RICHARD L. FISHEL, DEFENDANT NO. 06-2662 CIVIL ORDER OF COURT AND NOW, this 9th day of January, 2007, upon consideration of the Plaintiff's 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; Z. The Defendant will file an answer on or before January 29, 2007; 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, "~~ ~ M. L. Ebert, Jr., ichele M. Bradford, Esquire Counsel for Plaintiff ' chard L. Fishel Defendant bas J. ~?t~~il~i~E~'J~J~u t, ~ . ~~ ~~~ ~~ 0 ~ ~~~ ~~~~ t-'t~l(J~v~-i.f ~~~ ~1~3. ~fl PHELAN HALLINAN & SCHMIEG, LLP b Michele M Bradford Esquire ATTORNEY FOR PLAINTIFF Y• Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 Sovereign Bank SB/M to York Federal Savings and Loan Association Court of Common Pleas Civil Division vs. Richard L. Fishel Plaintiff Defendant Cumberland County No. 06-2662 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 9, 2007 Rule directing the defendant to show by January 29, 2007 was sent to the following individuals on the date indicated below. Richard L. Fishel 640-12 Geneva Drive Mechanicsburg, PA 17055 DATE: l t ~ Ph Hallinan & Schmi , L By: fiche e . Bradfor Attorney for Plaintiff .. c7 ~ ~, ~~ ~ _ L~ ~ t_. t r ~ r~-- Vii; .v"" C7 .. ~ 4 ~ 3 ~--= .i { ~) - ~ =~ ~. ' S> 1'f"t ~ C.,3 ~'"? ~ : PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (? 151 5fi~-7()(1!1 T Sovereign Bank S/B/M to York Federal Savings : Court of Common Pleas and Loan Association vs. Richard L. Fishel Plaintiff Defendant Civil Division Cumberland County No. 06-2662 Sovereign Bank S/B/M to York Federal Savings and Loan Association 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 Motion to Reassess Damages was filed with the Court on December 29, 2006. 3. A Rule was entered by the Court on or about January 9, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon alI parties on January 17, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "B". S. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 29, 2007. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. Date PHELAN HALLINAN & SCHMIEG, LLP Mic ele M. Br rd, Esquire Attorney for the Plaintif PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 f 21515Fi~-7()(Nl Sovereign Bank S/B/M to York Federal Savings : Court of Common Pleas and Loan Association vs. Richard L. Fishel Plaintiff Defendant Civil Division Cumberland County No. 06-2662 BRiF,F iN SITPPnRT nF PLAINTIFF'S MnTTnN Tn MAKF RI1I F ARC[lI ITTF A Motion to Reassess Damages was filed with the Court on December 29, 2006. A Rule was entered by the Court on or about January 9, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on January 17, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 29, 2007. 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 ~~ Date Michele M. Brad ,Esquire Attorney for the Plaintiff Exhibit "A" SOVEREIGN BANK, IN THE COURT OF COMMON PLEAS OF S/B/M to York Federal Savings :CUMBERLAND COUNTY, PENNSYLVANIA And Loan Association PLAINTIFF V. RICHARD L. FISHEL, DEFENDANT N0.06-2662 CIVIL ORDER OF COURT AND NOW, this 9~' day of January, 2007, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rute 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 January 29, 2007; 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, M. L. Ebert, Jr., J. Michele M. Bradford. Esquire Counsel for Plaintiff Richard L. Fishel Defendant bas Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (2151563-7000 Sovereign Bank SB/M to York Federal Savings Court of Common Pleas and Loan Association vs. Richard L. Fishel Civil Division Cumberland Countyn c No. 06-2662 ,' ~. ~'~_. ~.-_ CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 9, 2007 Rule directing the -.~ w ca w defendant to show by January 29, 2007 was sent to the following individuals on the date indicated below. Richard L. Fishel 640-12 Geneva Drive Mechanicsburg, PA 17055 ;~ ~~~, ~~~ ~~~ ~i ~~~~ ~ ~, ~ '~~ DATE: t Plaintiff G~t~`t ~ ~~~~ ~~ ~~~~~~~ ~ ~~~~~ Defendant ~P ~ $~ ... ~~ a! ', ~ _-,~~~ Ph Hallinan & Schmi , L By: ache a .Brad o Attorney for Plaintiff 0 ~~ ~~ •,-t -,-; ~; :~`_. ~ ~'-' .A -G 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. Date §4904 relating to the unsworn falsification of authorities. Michele M. Bra ,Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 12151 Sf ~-7()()~ Sovereign Bank S!B!M to York Federal Savings Court of Common Pleas and Loan Association Plaintiff Civil Division vs. Richard L. Fishel Defendant Cumberland County No. 06-2662 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: Richard L. Fishel 640-12 Geneva Drive Mechanicsburg, PA 17055 Date: Q M he e M. radfor ,Esquire Attorney for Plaintiff m E'~ ~= - il ..~,~ -~ ~ ~. a't ~ C,°:~ t~ .,~ " ; _. r_ i -; : _ ~"""s C~ _ ".'~{ :~ ~. ,, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Sovereign Bank S!B/M to ITork Federal Savings Court of Common I' and Loan Association Civil Division Plaintiff Cumberland County vs. No. 06-2662 Richard L. Fishel Defendant ~unFu AND NOW, this 8 day o~ ~'~ , 2007 the Prothonotary is the judgment in this case as follows: Principal Balance $54,057.89 Interest Through 02107!07 6,198.92 Per Diem $11.83 Late Charges 357.07 Legal fees 2,900.00 Cost of Suit and Title 1,407.00 Sheriffs Sale Costs 0.00 Property Inspections 0.00 Appraisal/BPO 100.77 MIP/PMI 0.00 NSF 0.00 FEB 0 6 20Q7MY to amend s Suspense/Misc. Credits Escrow Deficit TOTAL Q. $84,646. Plus interest from 2/07/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff s commission is not include in the above figure. BY THE COURT w~~~; 127351 ~~ c7 4~ -..I ~~ ~~ ~~ `~ -'.-{ ~ _,~ ~ , ~' ~ },-`t ~v I ~ i v_' ~t."fj~ ~i~~~M .:~:: ..~- , , _: , ~;.i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Sovereign Bank is the grantee the same having been sold to said grantee on the 7th day of Feb A.D., 2007, under and by virtue of a writ Execution issued on the 1 lth day of J ly, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 06 Number 2662, at the suit of Soverei ng_ Bank against Richard L fishel is duly recorded in Deed Book No. 278, Page 4962. IN TESTIMONY WHEREOF, I have hereunto set my hand and, seal of said office this .~~ day of 0 ~ ° Recorder of Deeds R~oo-der of Deals, Cumberr.rxl C°u~f : ~%wIN. PA My t:onmiaeion des the Fleet A~a+aey a,~, ZOtO Sovereign Bank s/b/m to York Federal Savings and Loan Association VS Richard L. Fishel In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-2662 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: Richard L. Fishel, but was unable to locate him in his bailiwick. He therefore returns the within Real estate Writ, Notice of Sale and Description as NOT FOiJND as to the defendant, Richard L. Fishel. Seven attempts at service were made by Deputies, but no one was home. A post office confirmed defendant's mail is still delivered to 640-12 Geneva Drive, Mechanicsburg, PA, although the home appears vacant. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2006 at 1908 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Richard L. Fishel located at 640-12 Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 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 February 7, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Sovereign Bank s/b/m to York Federal Savings and Loan Association. It being the highest bid and best price received for the same, Sovereign Bank s/b/m to York Federal Savings and Loan Association, of 601 Penn Street, Reading, PA 19601, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,499.24. Sheriffs Costs: Docketing $30.00 Poundage 29.40 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 21.12 Certified Mail 3.52 Levy 15.00 Surcharge 20.00 Post Pone Sale 20.00 Law Journal 713.00 Patriot News 495.26 Share of Bills 15.94 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1,499.24 / ~~~~1~~? So Answers: ~il~~~~C ,a~ sr.,c.~ d'' a~~ , R. Thomas Kline, eriff ~ BY 3 ~.y~ ~` S~SSa ~,. l9eosl • T y SOVEREIGN BANK SB/M TO YORK FEDER~.I. SAVINGS AND LOAN ASSOCIATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION RICHARD L. FISHEL _ . N0.06-2662 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) SOVEREIGN BANK SB/M TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION 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 ,640.12 GENEVA DRIVE, MECHANICSBURG, PA 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Name RICHARD L. FISHEL Last Known Address (if address cannot be reasonably ascertained, please indicate) 640-12 GENEVA DRIVE MECHANICSBURG, PA 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} UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG, PA 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) ARCHIE V. DIVEGLIA 108 FOX FIRE LANE LEWISBERRY, PA 17331 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 maybe 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 maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 640-12 GENEVA DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July 7, 2006 DATE D IEL G. G, ESQLTIItE Attorney for Plaintiff DESCRIPTIDi~i ALL THAT CERTAIN dwelling unit situated in Sunguild Condominium, Upper Allen Township, Cumberland County, Pennsylvania, designated as Unit No. 1Q80-12, in the Declaration and Declaration Plan of Sunguild Condominium, dated December 6, 1979 and November 29, 1979 respectively, recorded December 12, 1979 in Cumberland County Misc. Book 249, Page 784 and Plan Book 37, Page 23 respectively; Amendment to the Declaration and Declaration Plans of Sunguild Condominium both dated February 28, 1986, both recorded March 31, 1986, in Cumberland County Misc. Book 315, Page 804 and Plan Book 49, Page 129, respectively; and Second Amendment to Declaration of Sunguild Condominium dated May 25, 1988, recorded June 8, 1988, in Cumberland County Misc. Book 350, Page 753 under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. 196). TOGETHER with all right of title and interest of, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans, as amended from time to time. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of the deed, covenant and agree to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Unit Property Act of Pennsylvania; and further, covenant and agree that the unit conveyed by this deed shall be subject to a charge for all amounts so assessed and that, except insofar as Sections 705 and 706 of said Unit Property Act and of applicable Sections of the Uniform Condominium Act, may relieve a subsequent unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or unit hereby conveyed and all subsequent .owner thereof. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by acceptance of this deed, acknowledge that this conveyance is subject in every respect to the Declaration, the Declaration Plans, Code of Regulations and all amendments thereto; and the Grantee further acknowledges that each and every provision of the foregoing is essential to the best interest and for the benefit of all unit owners therein. Grantee and all owners of units in said Condominium covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. The Grantee, for and on behalf of the Grantee, acknowledge that the Grantee has received, no later than fifteen (15) days prior to this conveyance, a full and complete Public Offering Statement for Sunguild Condominium and, therefore, waive any and all rights under Section 3406(c) of the Uniform Condominium Act, as amended. BEING the same premises which John D. Krulock and Karen Ann Krulock by their deed dated January 15, 1991 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "Y", Volume 34, Page 395, granted and conveyed unto Archie V. Diveglia, Grantor herein. PARCEL IDENTIFICATION NO: 42-24-0792-04IA-464012 CONTROL #: 42000885 TITLE TO SAID PREMISES IS VESTED IN Richard L. Fishel, a single man, by Deed from Archie V. Diveglia, a married man, dated 3-22-93, recorded 3-26-93, in Deed Book 36E, page 704. PREMISES BEING: 640-12 GENEVA DRIVE, MECHANICSBURG, PA 17055 SOVEREIGN BANK S/B/M TO YORK FEDERAL CUMBERLAND COUNTY SAVINGS AND LOAN ASSOCIATION Plaintiff, No. 06-2662 v. RICHARD L. FISHEL Defendant(s). July 7, 2006 TO: RICHARD L. FISHEL 640-12 GENEVA 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 YOUHAVE PREVIOUSLYRECEIYED ADISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHO ULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at , 640-12 GENEVA DRIVE, MECHANICSBURG, PA 17055, 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 $69,821.39 obtained by SOVEREIGN BANK SB/M TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION (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 maybe 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. ,~ f 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 X215) 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 find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe 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, PA 17013 (717) 249-3166 (800) 990-9108 ~i~ DESCRIPTTO:gt ALL THAT CERTAIN dwelling unit situated in Sunguild Condominium, Upper Allen Township, Cumberland County, Pennsylvania, designated as Unit No. 1Q80-12, in the Declaration and Declaration Plan of Sunguild Condominium, dated December 6, 1979 and November 29, 1979 respectively, recorded December 12, 1979 in Cumberland County Misc. Book 249, Page 784 and Plan Book 37, Page 23 respectively; Amendment to the Declaration and Declaration Plans of Sunguild Condominium both dated February 28, 1986, both recorded March 31, 1986, in Cumberland County Misc. Book 315, Page 804 and Plan Book 49, Page 129, respectively; and Second Amendment to Declaration of SunguiId Condominium dated May 25, 1988, recorded 3une 8, 1988, in Cumberland County Misc. Book 350, Page 753 under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. I96}. TOGETHER with all right of title and interest of, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans, as amended from time to time. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of the deed, covenant and agree to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Unit Property Act of Pennsylvania; and further, covenant and agree that the unit conveyed by this deed shall be subject to a charge for all amounts so assessed and that, except insofar as Sections 705 and 706 of said Unit Property Act and of applicable Sections of the Uniform Condominium Act, may relieve a subsequent unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or unit hereby conveyed and all subsequent owner thereof. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by acceptance of this deed, acknowledge that this conveyance is subject in every respect to the Declaration, the Declaration Plans, Code of Regulations and all amendments thereto; and the Grantee further acknowledges that each and every provision of the foregoing is essential to the best interest and for the benefit of all unit owners therein. Grantee and all owners of units in said Condominium covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. The Grantee, for and on behalf of the Grantee, acknowledge that the Grantee has received, no later than fifteen (15) days prior to this conveyance, a full and complete Public Offering Statement for Sunguild Condominium and, therefore, waive any and all rights under Section 3406(c) of the Uniform Condominium Act, as amended. BEING the same premises which John D. Krulock and Karen Ann Krulock by their deed dated January 15, 1991 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "Y", Volume 34, Page 395, granted and conveyed unto Archie V. Diveglia, Grantor herein. PARCEL IDENTIFICATION NO. 42-24-0792-041 A-464012 CONTROL #: 42000885 TITLE TO SAID PREMISES IS VESTED IN Richard L. Fishel, a single man, by Deed from Archie V. Diveglia, a married man, dated 3-22-93, recorded 3-26-93, in Deed Book 36E, page 704. PREMISES BEING: 640-12 GENEVA DRNE, MECHANICSBURG, PA 17055 WRIT OF EXECUTION and/o~ ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-2662 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Sovereign Bank S/B/M to York Federal Savings and Loan Association Plaintiff (s) From Richard L. Fishel (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$69,821.39 L.L.$.50 Interest from 7/8/06 to December 6, 2006 (per die m - $11.48) $1,733.48 and Costs Atty's Comm % Due Prothy $1.00 Atty Paid $134.64 Other Costs Plaintiff Paid Date: July 11, 2006 CURTIS R. LONG Prothonotary (Seal) ~ / By: ~i~~ ~~~JD, 5~.~h Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. 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 # 65 On September 11, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 640-12 Geneva Drive, Mechanicsburg, more fully described on Exhibit "A" ,. filed with this writ and by this reference incorporated herein. Date: September 11, 2006 By. a, a ~ ^ , ~~ Real Es~ta-~tle Sergeant S fi ~b d L I lfif 9001 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 20, October 27 and November 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L' a Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 3 day of November, 2006_ NOTARIAL SEAL ~/ LOlS E. SNYDER, Notary Public Cauhsle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 6S Writ No. 2006-2662 Civil Sovereign Bank s/b/m to York Federal Savings and Loan Association vs. Richard L. Fishel Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN dwelling unit situated in Sunguild Condominium, Upper Allen Township, Cumberland County, Pennsylvania, designated as Unit No. 1080-12, in the Decla- ration .and Declaration Plan of Sunguiid Condominium, dated De- cember 6, 1979 and November 29, 1979 respectively, recorded Decem- ber 12, 1979 in Cumberland County Misc. Book 249, Page 784 and Plan Book 37, Page 23 respectively; Amendment to the Declaration and Declaration Plans of Sunguild Con- dominium both dated February 28, 1986, both recorded March 31, 1986, in Cumberland County Misc. Book 315, Page 804 and Plan Book 49, Page 129, respectively; and Second Amendment to Declaration of Sunguild Condominium dated May 25, 1988, recorded June 8, 1988, in Cumberland County Misc. Book 350, Page 753 under the provisions of the Unit Property Act of the Com- monwealth of Pennsylvania (Act of July 3, 1963, P.L. No. 196). TOGETHER with all right of title and interest of, in and to the Com- mon Elements as more fully set forth in the aforesaid Declaration of Con- dominium and Declaration Plans, as amended from time to time. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the ac- ceptance of the deed, covenant and agree to pay such charges .for the maintenance of, repairs to, replace- ment of and expenses in connec- tion with the Common Elements as may be assessed from time to time by the Executive Board in accor- dance wlth the Unit Property Act of Pennsylvania; and further, covenant and agree that the unit conveyed by this deed shall be subject to a charge for all amounts so assessed and that, except insofaz as Sections 705 and 706 of said Unit Property Act and of applicable Sections of the Uniform Condominium Act, may re- lieve asubsequent unit owner of li- ability for prior unpaid assess- ments, this covenant shall run with and bind the land or unit hereby ~nnvPVPrI and all ci~hseauent owner The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by accep- tance of this deed, acknowledge that this conveyance is subject in even' respect to the Declaration, the Dec- laration Plans, Code of Regulations and all amendments thereto; and the Grantee further o ~ o~loftglreie foret each and every p going is essential to the best inter- est and for the benefit of all unit owners therein. Grantee and all owners of units in said Condominium covenant and agree, as a covenant ~n~g with the ]and, to abide by each and every provision of said documents. The Grantee, for and on behalf of the Grantee, acknowledge that the Grantee has receiv~o no ~tYtiis than fifteen (15) day p conveyance, a full and complete Public Offering Statement for Sunguild Condoana ~ n hts under fore, waive any g Section 3406(c) of the Uniform Con- dominium Act, as amended. BEING the same premises which John D. Krulock and Karen Ann Kiulock by their deed dated Janu- ary 15, 1991 and recorded in the Office of the Recorder of DleneDeed and for Cu Volume 34 Page 395, Book "Y", granted and conveyed unto Archie V. Diveglia, Grantor herein. PARCEL IDENTIFICATION NO: 42-24-0792-041A-464012. CON- TROL #: 42000885• TITLE TO SAID PREMISES IS VESTED IN Richard L. Fishel, a single man, by Deed from Archie V. Diveglia, a married man, dated 3- 22-83, recorded 3-26-93, in Deed Book 36E, page 704. PREMISES BEING: 640-12 GENEVA DRIVE, MECHANICS- BURG, PA 17055. 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 off ce 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 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 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 Sworn to ands sc d ore me tCOMM~M~1~~~®~~"~~~ SALE #65 Notarial Seal Terry L. Russell, Notary Pubii my City Of Harrisburg ir~J Uin 6, 0 Commission p ..____..~.. ;~n~cn of Notaries NOTARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 y ~« ~ ~~. .y,.~., '~ M1fi'9 !' ~+aa ~ P. r ,p Vt;. Rkha~d L Fttshel A71y: Se~Mnls9 DESCRlP710N AIL THAT CFRTAIl~T djveliiog unit situated in Swgar~d Caodominiipn,'~Tpper Alten Township, Cbmbedaod Googly, Pennsylvania, desr~ated as Unit No. 1a9f1.12, in the Declaration a~ Ikchttation Pfau of Sttaguild Condominium, d I3a>riabea 6; 1979 and November 29, I979 respectively, rocaded D 12,'1979 in Ctrmdorl~ad Cort~,y 11Bsc. Book 249, page 784 sad >'i,a Book 37, p~ 23 respcatively; Ameednteat to the Declaranoa aed Declaration plans of Semguild Coodomietum both dated Fehmary 28, 1986, both` recorded March 31, ~ Maac,Yneit 315, ~it 8Nb `~ !>Iltt. ~ ~ 119, tet~tlilwll-ts~._ _ lipr, lP],, Detdaalioe d Setttla8d ('.odaaaYdaae dated ' 1~' 25, 19~, ieaoadod Jme 8, 1498, ~-~ ' ~ County Misc. Book 350, page 7'53, adla rite provisions of the Utdt Pmperty Act of - tll~N of Femaylvama (Act of ~' II 3; , P.L. No. 196). Together Frith all right of title and interest of, in and to the Common 1letnents as more fully set forth in the aforesaid Declaration of Condominieun and Declaration PLn>s, as a from time to tem. The Gtaotee, for and onbehalf of the Grantee and the Gramme's heirs, Personal represe~tives, sucossors and as~ggr, by the aeceplanrR of the deed, coves and agree to pay such charges for the maimenance of, repairs ro, replacement of and eapeaces in connection with the Common Elem~tts as may be assessed from time to time by the Eaxotive Board in accordance with the Unit Property Act of Penosylvama; and furdter, coveoarn and agtex that the unit conveyed by this deed shall be subject to a charge for all amoei~ so assesxd and that, exc ~t rosofar as Sectiaea 705 a>y! 706 of said Umk Piopetty Act agd of a~tplicable Sections of the Uniform Condo~wnm Act, may relieve a subsequent unit owner of .liability for prior unpaid assessments, this coved shall run with and bind the Ltnd or writ h~eby conveyed and all s mvaer therecE' T~, for and ern behalf of the Grantee and thaCirantee's heirs, personal represematives, successors and assigns, ~'y ? of this deed, aclmmrledge thaf this conveyance is subject in every respect to the Declaration, the Decluahon PLms, Code of Regulations and all ameadinenrs thereto; and the Grantee further acknowh~ges that each and every provision of the f is essegtiai to the best interest and for the of all wit owners therein. Grantee and all owners of amts in said Condomimeun covenant and agree, as a covenant running with the bmd, to abide by each and every pronsron of said documents. The Grantee, for and on behalFof the Grantee, acimovviedge that the Gramee has received, no Lather than fifteen (1S) days. prior to this conveyance, a full and complete Public Offering Statemtatt for Sungnild Condominium sad, tltaefore; weiwe a~ sal all rights under Sectiioa 3406(c) of ~ Uniform Cceodomiiunm Act, as amended. Bang the same premises which Jahn D. Kndock and isuen Ann by tlreit deed. dated Ja>tuary 15, 199I amd~ded in the Office of the Itecarder of De'in andfor Cumberland Canty in Deed Book "Y", Voltnne 34, Page 395, granted and conveyed unto Archie V. Diveglia, Gramor hereifi. Parcel LD. #: 42-24-0792-041A-464012 Comrol4k 42000885 Title. m said premises is vested m Richard L. Fishel, a single moo, by Deed from Archie V. Diveglis, a monied. man, . dated 3-22-43, recorded 3-26-93, in Deed Book 36f±, page 704, Premises bein¢: 640-12 Geneva Drive,