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HomeMy WebLinkAbout06-4447PHELAN 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 138492 SOVEREIGN BANK, FSB 601 PENN STREET READING, PA 19601 V. Plaintiff JAMES D. SCHROEDER 2422 ROLLING HILLS DRIVE MECHANISBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ry n / ?/LYr? NO. Off. - y?u ( I? ci l 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 after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 139492 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 #: 138492 Plaintiff is SOVEREIGN BANK, FSB 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES D. SCHROEDER 2422 ROLLING HILLS DRIVE MECHANISBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 09/28/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1882, Page: 2144. 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 02/01/2006 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 #: 138492 6. The following amounts are due on the mortgage: Principal Balance $253,128.30 Interest 10,188.54 01/01/2006 through 08/02/2006 (Per Diem $47.61) Attorney's Fees 1,250.00 Cumulative Late Charges 504.96 09/28/2004 to 08/02/2006 Cost of Suit and Title Search 550.00 Subtotal $ 265,621.80 Escrow Credit 0.00 Deficit 58.91 Subtotal 58.91 TOTAL $ 265,680.71 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 $ 265,680.7 1, together with interest from 08/02/2006 at the rate of $47.61 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. PHELAIq LLINAN & SCHMIEG, LLLLPP??C By: //s/Fra LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 138492 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, known and numbered as Lot No. 146 on a plan for Bowman's Hill, dated March 29th, 1993 and recorded in the Office of The Recorder of Deeds, in and for Cumberland County in Subdivision PLAN BOOK 68, PAGE 15 ERRONEOUSLY STATED AS PLAN BOOK 65, PAGE 139 IN PRIOR DEED, more fully bounded and described as follows, to wit: BEGINNING at a point on the South side of Deerview Drive at the Northeast corner of Lot No. 169; thence South fourteen (14) degrees, thirty-five (35) minutes, thirty-eight (38) seconds West, a distance of one hundred and fifty one hundredths (100.50) feet to a point; thence South seventy-five (75) degrees, twenty-four (24) minutes, twenty-two (22) seconds East, a distance of one hundred and fifty one-hundredths (100.50) feet to a point on the West side of Rolling Hills Drive; thence North fourteen (14) degrees, thirty-five (35) minutes, thirty-eight (38) seconds East, a distance of eighty- eight and fifty one-hundredths (88.50) feet to a point; thence along a curve to the left, having a radius of twelve and zero one hundredths (12.00) feet, a chord bearing of North thirty (30) degrees, twenty-four (24) minutes, twenty-two (22) seconds West, an arc distance of eighteen and eighty-five one hundredths (18.85) feet to a point on the South side of Deerview Drive; thence North seventy-five (75) degrees, twenty-four (24) minutes, twenty-two (22) seconds West, a distance of eighty-eight and fifty one hundredths (88.50) feet to a point and place of BEGINNING. PROPERTY BEING: 2422 ROLLING HILLS DRIVE File #: 138492 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. lle? DATE: FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff VMS c1 Dv? SHERIFF'S RETURN - REGULAR CASE NO: 2006-04447 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK FSB VS SCHROEDER JAMES D MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SCHROEDER JAMES D the DEFENDANT , at 1134:00 HOURS, on the 7th day of August , 2006 at 2422 ROLLING HILLS DRIVE MECHANICSBURG, PA 17055 LORING RANDLOPH, ROOMMATE by handing to ADULT IN CHARGE 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: So Answers: Docketing 18.001/?"gal Service 9.68 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 37.68v-1 08/08/2006 qp,5/6G PHELAN HALLINAN SCHMIEG ----?? Sworn and Subscibed to By: < before me this day Deputy Sheriff of A. D. PHELAN HALLINAN & SCHMIEG, L.L.P. + By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK, FSB 601 PENN STREET READING, PA 19601 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. JAMES D. SCHROEDER Defendant(s). CIVIL DIVISION NO. 06-4447 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: J `? 2UC) ?o PRO RIZO-THY ?t TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JAMES D. SCHROEDER, 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 8/3/06 to 9/18/06 TOTAL $265,680.71 $2,237.67 $267,918.38 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. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 SOVEREIGN BANK, FSB : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY JAMES D. SCHROEDER Defendants :NO. 06-4447 CIVIL TERM TO: JAMES D. SCHROEDER FILE COpy 2422 ROLLING HILLS DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: AUGUST 29.2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK, FSB CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 06-4447 JAMES D. SCHROEDER Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JAMES D. SCHROEDER is over 18 years of age and resides at, 2422 ROLLING HILLS 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. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff c W _7 j -4 1 W a ? (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SOVEREIGN BANK, FSB Plaintiff, V. JAMES D. SCHROEDER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4447 Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 . I ? By: If you have any questions concerning this matter, please contact: /C?Y?'j YA DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." 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 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4476 ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 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 ROBERT C. TOWNSLEY and DAWN M. TOWNSLEY, 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 8/4/06 to 9/18/06 TOTAL $118,125.64 $1,101.70 $119,227.34 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. Z06L6a.'a? d. Lc)-Im? . 004J DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. D2, ATE: 9 2GC??o ( /,a A 7L go- PRO OTHY PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (?15) 561-7000 PHH MORTGAGE CORPORATION, F/K/A : COURT OF COMMON PLEAS CENDANT MORTGAGE CORPORATION Plaintiff : CIVIL DIVISION Vs. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendants TO: ROBERT C. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 DATE OF NOTICE: AUGUST 29, 2006 : CUMBERLAND COUNTY NO. 06-4476 FILE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 561-7000 PHH MORTGAGE CORPORATION, F/K/A : COURT OF COMMON PLEAS CENDANT MORTGAGE CORPORATION Plaintiff : CIVIL DIVISION Vs. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendants TO: DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 DATE OF NOTICE: AUGUST 29, 2006 : CUMBERLAND COUNTY NO. 06-4476 FILE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION V. Plaintiff, ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4476 VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ROBERT C. TOWNSLEY is over 18 years of age and resides at, 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257. (c) that defendant DAWN M. TOWNSLEY is over 18 years of age, and resides at, 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. XhAAAV_0 n, L" DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff, V. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4476 Defendant(s). k%m J-4 h, - LL_U? DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: If you have any questions concerning this matter, please contact: PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 SOVEREIGN BANK, FSB Plaintiff, V. No. 06-4447 JAMES D. SCHROEDER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 9/18/06 to 3/7/07 (per diem -$44.04) $267,918.38 $7,486.80 and Costs TOTAL $275,405.18 krlivu 00 .? , DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. d oQ Wa a? zz O H Uz 00 ?z o? H? ZU '- c e) ? o Ev u c ' _ ? am. . C3 N c/1 Q- i 'LLJ Y) L^?U 0- C= O N w d z O W w V G1 ti 0 U ? w? w? O ? H ? w O it wo a? U a w in 0 d a a V z x v w w A a °a N IT N b d r V IZ3 , C4 4 I a ? l O N?rl 03 Ei 3 O M ? f Cl1 u W C?e WRIT OF EXECUTION and/or ATTACHMENT , COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4447 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, FSB, Plaintiff (s) From JAMES D. SCHROEDER (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 $267,918.38 L.L. $.50 Interest FROM 9/18/06 TO 3/7/07 (PER DIEM - $44.04) -- $7,486.80 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $119.68 Plaintiff Paid Other Costs Date: SEPTEMBER 26, 2006 (Seal) Curtis R. Long, ProthpaaraYT- By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK, FSB Plaintiff, V. JAMES D. SCHROEDER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4447 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ?rj DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff I ' -n T r1l Fq, A G. SOVEREIGN BANK, FSB CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS JAMES D. SCHROEDER CIVIL DIVISION Defendant(s). NO. 06-4447 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) SOVEREIGN BANK, FSB, 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 ,2422 ROLLING HILLS DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name JAMES D. SCHROEDER Last Known Address (if address cannot be reasonably ascertained, please indicate) 2422 ROLLING HILLS 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) None 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 2422 ROLLING HILLS 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. September 18, 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff N ? C. cr °" ct? SOVEREIGN BANK, FSB CUMBERLAND COUNTY Plaintiff, V. No. 06-4447 JAMES D. SCHROEDER Defendant(s). September 18, 2006 TO: JAMES D. SCHROEDER 2422 ROLLING HILLS DRIVE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN 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, 2422 ROLLING HILLS DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff s Sale on MARCH 7, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $267,918.38 obtained by SOVEREIGN BANK, FSB (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE 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 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, known and numbered as Lot No. 146 on a plan for Bowman's Hill, dated March 29th, 1993 and recorded in the Office of the Recorder of Deeds, in and for Cumberland County in Subdivision PLAN BOOK 68, PAGE 15 ERRONEOUSLY STATED AS PLAN BOOK 65, PAGE 139 IN PRIOR DEED, more fully bounded and described as follows, to wit: BEGINNING at a point on the South side of Deerview Drive at the Northeast corner of Lot No. 169; thence South fourteen (14) degrees, thirty-five (35) minutes, thirty-eight (38) seconds West, a distance of one hundred and fifty one hundredths (100.50) feet to a point; thence South seventy- five (75) degrees, twenty-four (24) minutes, twenty-two (22) seconds East, a distance of one hundred and fifty one-hundredths (100.50) feet to a point on the West side of Rolling Hills Drive; thence North fourteen (14) degrees, thirty-five (35) minutes, thirty-eight (38) seconds East, a distance of eighty-eight and fifty one-hundredths (88.50) feet to a point; thence along a curve to the left, having a radius of twelve and zero one hundredths (12.00) feet, a chord bearing of North thirty (30) degrees, twenty-four (24) minutes, twenty-two (22) seconds West, an arc distance of eighteen and eighty-five one hundredths (18.85) feet to a point on the South side of Deerview Drive; thence North seventy-five (75) degrees, twenty-four (24) minutes, twenty-two (22) seconds West, a distance of eighty-eight and fifty one hundredths (88.50) feet to a point and place of BEGINNING. UNDER AND SUBJECT, NEVERTHELESS, to the same conditions, restrictions, exceptions and reservations as exist by virtue of prior recorded instruments, deeds and conveyances. BEING THE SAME PREMISES WHICH Frederick R. Dublin and Barbara J. Dublin, by their Deed dated August 16, 1995, recorded August 21, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 126, Page 1141, granted and conveyed unto Frederick R. Dublin and Barbara J. Dublin, the Grantors herein. PARCEL IDENTIFICATION NO: 42-29-2454-270 PREMISES BEING: 2422 ROLLING HILLS DRIVE, MECHANICSBURG, PA 17055 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN James D. Schroeder, by Deed from Frederick R. Dublin and Barbara J. Dublin, husband and wife, dated 09/22/2004, recorded 09/29/2004, in Deed Book 265, page 2331. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Frederick R. Dublin and Barbara J. Dublin, husband and wife, by Deed from Bowman's Hill Associates, a Pennsylvania General Partnership, dated 08/16/1995, recorded 08/21/1995, in Deed Book 126, page 1141. n o c, . -_I T .. V) - 4 AFFIDAVIT OF SERVICE PLAINTIFF SOVEREIGN BANK, FSB DEFENDANT(S) JAMES D. SCHROEDER SERVE: JAMES D. SCHROEDER 2422 ROLLING HILLS DRIVE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY LLD No. 06-4447 'P?5k- W 49Q ACCT. #176854728 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 7, 2007 SERVED Served and made known to -34•n e S )). -SC h roe ACr , Defendant, on the I S?` day of O C p q 20o¢, ati'YS o'clock .m., at z y 2 2 !to ? ? ? n,9 NMIS dr. , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age576-(O Height 4)7)) Weightl00 Race W Sex.- Other I, _?tl t? a 1 46 PJ +,) , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. N to and subscribed mn M day 200_ _ ?....?1i,;•i, i.....i Vl? L.i ..;J jU. !4 16, 2008 On the day of NOT SERVED 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1S1 Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200 _. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 - By: 061_t LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Vacant 2"d Attempt: / / Time: a4 e-= p m? n T ? C I b PHELAN HALLINAN & SCHMIEG, LLP b Mis • h 1 M Bradford Es "ire ATTORNEY FOR PLAINTIFF y. e e q Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Sovereign Bank, FSB Court of Common Pleas Plaintiff : Civil Division VS. James D. Schroeder : Cumberland County : No. 06-4447 Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on August 3, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on September 19, 2006 in the amount of $267,918.38. 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 March 7, 2007. 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 $253,128.30 Interest Through March 7, 2007 20,429.97 Per Diem $46.96 Late Charges 1,094.08 Legal fees 1,675.00 Cost of Suit and Title 1,212.00 Sheriffs Sale Costs 0.00 Property Inspections 0.00 Appraisal/BPO 0.00 MIP/PMI 518.91 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 4,714.76 TOTAL $282,773.02 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. el n Hallinan & "ieg, LLP Date:_ lC By Michele M. radfo , 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, FSB Court of Common Pleas Plaintiff : Civil Division vs. James D. Schroeder : Cumberland County No. 06-4447 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. 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 2422 Rolling Hills Drive, Mechanisburg, 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 Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. 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 The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. IV. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. V. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee 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 of ten 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. elan Hallinan & Sc mieg, LLP DATE: By: Michele M. Bradfor, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLLINAN & 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 138492 SOVEREIGN BANK, FSB 601 PENN STREET READING, PA 19601 V. JAMES D. SCHROEDER 2422 ROLLING HILLS DRIVE MECHANISBURG, PA 17055 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. C-lo LA141 y CUMBERLAND COUNTY { _ W Defendant CIVIL. ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE J J 'rte' 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 BI LOW. 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 Bat Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 ATTORNEY FILE CO Y PLEASE A -9, UAN ,,Ve hereby Certl# etahe within to COY be aofi the correct fiitied of record rioln File #: 138492 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 138492 SOVEREIGN BANK, FSB 601 PENN STREET READING, PA 19601 V. Plaintiff JAMES D. SCHROEDER 2422 ROLLING HILLS DRIVE MECHANISBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF 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 action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800990-9108 . File #: 138492 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. Pile #: 138492 Plaintiff is SOVEREIGN BANK, FSB 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES D. SCHROEDER 2422 ROLLING HILLS DRIVE MECHANISBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 09/28/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1882, Page: 2144. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2006 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 #: 139492 The following amounts are due on the mortgage: Principal Balance $2531128.30 Interest 10,188.54 01/01/2006 through 08/02/2006 (Per Diem $47.61) Attorney's Fees 1,250.00 Cumulative Late Charges 504.96 09/28/2004 to 08/02/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 265,621.80 Escrow Credit 0.00 Deficit 58.91 Subtotal 58.91 TOTAL $ 265,680.71 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. 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 $ 265,680.7 1, together with interest from 08/02/2006 at the rate of $47.61 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. PHELA ;A/Frar?l LiNA?N & SSCHMIEG, LLP By: ci s S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #-. 138492 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, known and numbered as Lot No. 146 on a plan for Bowman's Hill, dated March 29th, 1993 and recorded in the Office of The Recorder of Deeds, in and for Cumberland County in Subdivision PLAN BOOK 68, PAGE 15 ERRONEOUSLY STATED AS PLAN BOOK 65, PAGE 139 IN PRIOR DEED, more fully bounded and described as follows, to wit: BEGINNING at a point on the South side of Deerview Drive at the Northeast comer of Lot No. 169; thence South fourteen (14) degrees, thirty-five (35) minutes, thirty-eight (38) seconds West, a distance of one hundred and fifty one hundredths (100.50) feet to a point; thence South seventy-five (75) degrees, twenty-four (24) minutes, twenty-two (22) seconds East, a distance of one hundred and fifty one-hundredths (100.50) feet to a point on the West side of Rolling Hills Drive; thence North fourteen (14) degrees, thirty-five (35) minutes, thirty-eight (38) seconds East, a distance of eighty- eight and fifty one-hundredths (88.50) feet to a point; thence along a curve to the left, having a radius of twelve and zero one hundredths (12.00) feet, a chord bearing of North thirty (30) degrees, twenty-four (24) minutes, twenty-two (22) seconds West, an arc distance of eighteen and eighty-five one hundredths (18.85) feet to a point on the South side of Deerview Drive; thence North seventy-five (75) degrees, twenty-four (24) minutes, twenty-two (22) seconds West, a distance of eighty-eight and fifty one hundredths (88.50) feet to a point and place of BEGINNING. PROPERTY BEING: 2422 ROLLING HILLS DRIVE File #: 138492 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identifieation No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1.617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK, FSB 601 PENN STREET READING, PA 19601 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4447 JAMES D. SCHROEDER Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO-'-.. ANSWER AND ASSESSMENT OF DAMAGES - ~' -r_ -»,n TO THE PROTHONOTARY: 1 J 1 Kindly enter an in rem judgment in favor of the Plaintiff and against JAMES B? SCHROEDER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint wilin 20-day 'rom service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 813/06 to 9/18/06 TOTAL $265,680.71 $2,237.67 $267,918.38 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. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ?J ,J D ATE: 2.C(o -14 '96'1-L V7 PRO ROTHY r'?• 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. Ph la Hallinan &hmieg, LLP DATE: 0- 1,5100 $y: Michele M. Bra ord, 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, FSB Plaintiff vs. James D. Schroeder Defendant Court of Common Pleas Civil Division : Cumberland County : No. 06-4447 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. James D. Schroeder 2422 Rolling Hills Drive Mechanisburg, PA 17055 helan Hallinan & Sc, mieg, LLP f DATE: By: l ichele M. Bradfor , squire Attorney for Plaintiff DEC 19 2006 /-W? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Sovereign Bank, FSB Plaintiff vs. James D. Schroeder Defendant RULE Court of Common Pleas Civil Division Cumberland County No. 06-4447 AND NOW, this /1 ? day of 2006, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. VlAr 44r,' Pit Rule Returnable the ia. BY THE COURT, 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, FSB Plaintiff VS. James D. Schroeder Defendant Court of Common Pleas Civil Division : Cumberland County : No. 06-4447 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the December 19, 2006 Rule directing the defendant to show by January 16, 2007 was sent to the following individuals on the date indicated below. James D. Schroeder 2422 Rolling Hills Drive Mechanisburg, PA 17055 DATE: Q- Phelan Hallman & Schmie , LLP Y: Michele M. Bradford, Attorney for Plaintiff e;s t_ ? cn 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 Sovereign Bank, FSB Court of Common Pleas Plaintiff : Civil Division VS. James D. Schroeder : Cumberland County : No. 06-4447 Defendant Sovereign Bank, FSB 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 December 15, 2006. 3. A Rule was entered by the Court on or about December 19, 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 27, 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 January 16, 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 ichele M. Brad ord, quire Attorney for the 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 Sovereign Bank, FSB : Court of Common Pleas Plaintiff : Civil Division vs. James D. Schroeder Defendant : Cumberland County : No. 06-4447 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE. RULE, ABSOLUTE, A Motion to Reassess Damages was filed with the Court on December 15, 2006. A Rule was entered by the Court on or about December 19, 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 27, 2006 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 16, 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 Ahhe M. A radfo , 19squire Attorney for the Plaintiff Exhibit "A" DEC 19 2D06 ,b'`? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Sovereign Bank, FSB : Court of Common Pleas Plaintiff : Civil Division vs. : Cumberland County James D. Schroeder : No. 06-4447 Defendant RULE AND NOW, this ! day of 2006, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. '90 ADqs 0.y . cg' 3 eRVICC. Rule Returnable County Courthouse, BY THE COURT, J. 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, FSB Court of Common Pleas Plaintiff f? Civil Division VS. A Cumberland County Q James D. Schroeder No. 06-4447 Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the December 19, 2006 Rule directing the defendant to show by January 16, 2007 was sent to the following individuals on the date indicated below. James D. Schroeder 2422 Rolling Hills Drive Mechanisburg, PA 17055 Phelan Hallinan & Schmi , LLP DATE: y: Michele M. Bradford, Attorney for Plaintiff ® _N (Np ??- t = m ? ? a-- ac 0 iR c?: -c 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. ) ) C71 DDate' I §4904 relating to the unsworn falsific 'on of authorities. is e Brad s wire le M. q 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 Sovereign Bank, FSB : Court of Common Pleas Plaintiff : Civil Division vs. : Cumberland County James D. Schroeder : No. 06-4447 Defendant 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: James D. Schroeder 2422 Rolling Hills Drive Mechanisburg, PA 17055 Date: ich le M. Bradfor , squire Attorney for Plaintiff r-? kJo t ,) 4? SAN 8 8 20Qi A'4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Sovereign Bank, FSB Court of Common Pleas Plaintiff Civil Division vs. Cumberland County James D. Schroeder No. 06-4447 Defendant DER AND NOW, this 2'T°' day of 4 an.ee.-:q , 2007 the Prothonotary is ORDERED to amend the judgment in this case as follows: Principal Balance $253,128.30 Interest Through March 7, 2007 20,429.97 Per Diem $46.96 Late Charges 1,094.08 Legal fees 1,675.00 Cost of Suit and Title 1,212.00 Sheriffs Sale Costs 0.00 Property Inspections 0.00 AppraisalBPO 0.00 MIP/PMI 518.91 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 4,714"76 TOTAL $282,773.02 Plus interest from March 7, 2007 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 138492 Q 'j 90 -.6 Hiv IZ NIT Rol d ?' Hi K) 31IJ SALE DATE: MARCH 7, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SOVEREIGN BANK, FSB VS. JAMES D. SCHROEDER No.: 06-4447 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: 2422 ROLLING HILLS 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. 1? DANIEL SCHMIEG, ESQUIAE Attorney for Plaintiff February 22, 2007 SOVEREIGN BANK, FSB Plaintiff, V. JAMES D. SCHROEDER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4447 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) SOVEREIGN BANK, FSB, 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 ,2422 ROLLING HILLS DRIVE. MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name JAMES D. SCHROEDER Last Known Address (if address cannot be reasonably ascertained, please indicate) 2422 ROLLING HILLS 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 USA, INTERNAL REVENUE SERVICE SPECIAL PROCEDURES BRANCH FEDERATED INVESTORS TOWER U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY EASTERN DISTRICT OF PA Last Known Address (if address cannot be reasonably ascertained, please indicate) 1001 LIBERTY AVENUE 13TH FLOOR, SUITE 1300 PITTSBURGH, PA 15222 615 CHESTNUT STREET, SUITE 1250 PHILADELPHIA, PA 19106-4476 ATTN: LISA MURRAY 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare BOWMAN'S HILL, HOA 2422 ROLLING HILLS DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 C/O GREG WITTERS 118 ROUND RIDGE ROAD MECHANICSBURG, 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 unworn falsification to authorities. February 2, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff x •Z Qn y ? z? ? N r r '? w t' J r © ? 00 A ? to A• ?.? a lot Nol w lilt 9 J Ht. p t n u _ ~9? q Qa_ 0 n w 0 0 104. Fo 0 n to- d ? O t © a? Cs ? w a t" ? a I ? w ? •....,...ccw.ti.E,,.4wgqes. 02 IM P ',?i4 ? .0004218010 S P 25 2008 MAILED FROM ZIPCODE 19103 S N ..+ ? x ? m 2 .0 ? '} 00 Y "dra,+rA 164 ?o ?) ? ) 06 0 R w . . Cit., IOU Qa? R ? A ?I.-R 00 t/J a a iM $00.960 02 E1102 20,17 0004218010 F MMLED FROM ZU ODE 19103 f ; r' f?? 010 ?Tl n f_ ? Lt. -` _a ro ?, 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 FSB is the grantee the same having been sold to said grantee on the 13 day of June A.D., 2007, under and by virtue of a writ Execution issued on the 26th day of Sept, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 4447, at the suit of Sovereign Bank FSB against James D Schoeder is duly recorded in Deed Book No. 281, Page 40. IN TESTIMONY WHEREOF, I have hereunto set my hand and 1 of said office this 7 . day of A.D. a qV,? V- d' . , Ali of Deeds Rsoadw d Deaft Cur"WW county. C&%k PA My C,annielim E*Mw the FW M=* of u L MO Sovereign Bank, FSB VS James D. Schroeder In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-4447 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 13, 2006 at 1955 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: James D. Schroeder, by making known unto James D. Schroeder personally, at 2422 Rolling Hills Drive, Mechanicsburg, PA 17055, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2007 at 1449 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James D. Schroeder located at 2422 Rolling Hills Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: James D. Schroeder, by regular mail to his last known address of 2422 Rolling Hill Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of January 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 13, 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, FSB. It being the highest bid and best price received for the same, Sovereign Bank, FSB, of 601 Penn Street, Reading, PA 19601, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1371.97. Sheriffs Costs: Docketing $30.00 Poundage 26.91 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 19.36 Certified Mail 2.44 Levy 15.00 Surcharge 20.00 Postpone Sale 20.00 Law Journal 581.00 Patriot News 504.68 Share of Bills 16.58 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 1371.97 So Answers: ` R. Thomas Kline, Sheriff 6^^ V b ry a 7 4L ` -? Co- ' C;? S 9194, SOVEREIGN BANK, FSB - Plaintiff, V. JAMES D. SCHROEDER Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) SOVEREIGN BANK, FSB, 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 ,2422 ROLLING HILLS DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES D. SCHROEDER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4447 2422 ROLLING HILLS 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) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 2422 ROLLING HILLS 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. September 18, 2006 DATE DANIEL G. SCI MIEG, ESQUIRE Attorney for Plaintiff SOVEREIGN BANK, FSB CUMBERLAND COUNTY Plaintiff, V. No. 06-4447 JAMES D. SCHROEDER Defendant(s). September 18, 2006 TO: JAMES D. SCHROEDER 2422 ROLLING HILLS DRIVE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE 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 ALIEN AGAINST PROPERTY. Your house (real estate) at 2422 ROLLING HILLS DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on MARCH 7, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $267,918.38 obtained by SOVEREIGN BANK, FSB (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: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You, may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 3-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, known and numbered as Lot No. 146 on a plan for Bowman's Hill, dated March 29th, 1993 and recorded in the Office of the Recorder of Deeds, in and for Cumberland County in Subdivision PLAN BOOK 68, PAGE 15 ERRONEOUSLY STATED AS PLAN BOOK 65, PAGE 139 IN PRIOR DEED, more fully bounded and described as follows, to wit: BEGINNING at a point on the South side of Deerview Drive at the Northeast corner of Lot No. 169; thence South fourteen (14) degrees, thirty-five (35) minutes, thirty-eight (38) seconds West, a distance of one hundred and fifty one hundredths (100.50) feet to a point; thence South seventy- five (75) degrees, twenty-four (24) minutes, twenty-two (22) seconds East, a distance of one hundred and fifty one-hundredths (100.50) feet to a point on the West side of Rolling Hills Drive; thence North fourteen (14) degrees, thirty-five (35) minutes, thirty-eight (38) seconds East, a distance of eighty-eight and fifty one-hundredths (88.50) feet to a point; thence along a curve to the left, having a radius of twelve and zero one hundredths (12.00) feet, a chord bearing of North thirty (30) degrees, twenty-four (24) minutes, twenty-two (22) seconds West, an arc distance of eighteen and eighty-five one hundredths (18.85) feet to a point on the South side of Deerview Drive; thence North seventy-five (75) degrees, twenty-four (24) minutes, twenty-two (22) seconds West, a distance of eighty-eight and fifty one hundredths (88.50) feet to a point and place of BEGINNING. UNDER AND SUBJECT, NEVERTHELESS, to the same conditions, restrictions, exceptions and reservations as exist by virtue of prior recorded instruments, deeds and conveyances. BEING THE SAME PREMISES WHICH Frederick R. Dublin and Barbara J. Dublin, by their Deed dated August 16, 1995, recorded August 21, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 126, Page 1141, granted and conveyed unto Frederick R. Dublin and Barbara J. Dublin, the Grantors herein. PARCEL IDENTIFICATION NO: 42-29-2454-270 PREMISES BEING: 2422 ROLLING HILLS DRIVE, MECHANICSBURG, PA 17055 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN James D. Schroeder, by Deed from Frederick R. Dublin and Barbara J. Dublin, husband and wife, dated 09/22/2004, recorded 09/29/2004, in Deed Book 265, page 2331. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Frederick R. Dublin and Barbara J. Dublin, husband and wife, by Deed from Bowman's Hill Associates, a Pennsylvania General Partnership, dated 08/16/1995, recorded 08/21/1995, in Deed Book 126, page 1141. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4447 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, FSB, Plaintiff (s) From JAMES D. SCHROEDER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) 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 $267,918.38 L.L. $.50 Interest FROM 9/18/06 TO 3/7/07 (PER DIEM - $44.04) -- $7,486.80 AND COSTS Atty's Comm % Atty Paid $119.68 Due Prothy $1.00 Other Costs Plaintiff Paid Date: SEPTEMBER 26, 2006 (Seal) Curtis . Long, rotho otary By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Deputy JuBas.taS ajv sg Iua-d -lpw? ?qDT :g 90OZ `I £ iogoloo :ajvQ •uta.zatl paitaodioaui aaua.tapi situ Xq puu 1i.im sigl tijim palid y "AR4 pagposap XIInj a.tow `2.ingsatuugoo W `ant.la SIM Buiilo2l ZZt?Z su pa.iagwnu puu umou}I Vd `filunoD puuIzagtunD `ditlsumoj uallV zaddn ut pajuMts X:tadotd luaz atlj ut isa.zajui s jurpuapp aqj uodn painal JjpagS aqj 90OZ `I £ zagola0 u0 i0 #aIleS OWISg iva2l h `01 b L z d3S 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 sameas was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 26, February 2, and February 9, 2007 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. iMarie Co Y94 Editor SWORN TO AND SUBSCRIBED before me this 9 day of February, 2007 _ NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 1 Writ No. 2006-4447 Civil Sovereign Bank, FSB VS. James D. Schroeder Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Township of Upper Allen, County of Cumber- land, Commonwealth of Pennsylva- nia, known and numbered as Lot No. 146 on a plan for Bowman's Hill, dated March 29th, 1993 and re- corded in the Office of the Recorder of Deeds, in and for Cumberland County in Subdivision PLAN BOOK 68, PAGE 15 ERRONEOUSLY STATED AS PLAN BOOK 65, PAGE 139 IN PRIOR DEED, more fully bounded and described as foll©ws, to wit: BEGINNING at a point on the South side of Deerview Drive at the Northeast corner of Lot No. 169; thence South fourteen (14) degrees, thirty-five (35) minutes, thirty-eight (38) seconds West, a distance of one hundred and fifty one hundredths (100.50) feet to a point: thence South seventy-five (75) degrees, twenty- four (24) minutes, twenty-two (22) seconds East, a distance of one hundred and fifty one-hundredths (100.50) feet to a point on the West side of Rolling Hills Drive; thence North fourteen (14) degrees, thirty- five (35) minutes, thirty-eight (38) seconds East, a distance of eighty- eight and fifty one-hundredths (88.50) feet to a point: thence along a curve to the left, having a radius of twelve and zero one hundredths (12.00) feet, a chord bearing of North thirty (30) degrees, twenty- four (24) minutes, twenty-two (22) seconds West, an arc distance of eighteen and eighty-five one hun- dredths (18.85) feet to a point on the South side of Deerview Drive; thence North seventy-five (75) de- grees, twenty-four (24) minutes, twenty-two (22) seconds West, a distance of eighty-eight and fifty one hundredths (88.50) feet to a point and place of BEGINNING. UNDER AND SUBJECT, NEVER- THELESS, to the same conditions, restrictions, exceptions and reser- vations as exist by virtue of prior recorded instruments, deeds and conveyances. BEING THE SAME PREMISES WHICH Frederick R. Dublin and Barbara J. Dublin, by their Deed dated August 16, 1995, recorded August 21, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Permayhrania In Record Book 126, Page 1141, granted and conveyed unto Frederick R. Dublin and Barbara J Dublin, the Grantors herein. PARCEL IDENTIFICATION NO: 42-29-2454-270. PREMISES BEING: 2422 ROLL- ING HILLS DRIVE, MECHANICS- BURG, PA 17055. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN James D. Schroeder, by Deed from Frederick R. Dublin and Barbara J. Dublin, husband and wife, dated 09/22/2004, re- corded 09/29/2004, in Deed Book 265, page 2331. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Frederick R. Dublin and Barbara J. Dublin, husband and wife, by Deed from Bowman's Hill Associates, a Pennsylvania General Partnership, dated 08/16/1995, recorded 08/21/1995, in Deed Book 126, page 1141. a, THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever 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 24th and 31st day(s) of January and the 7th day(s) of February 2007. 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 and s s ' ed ore me this 26th day of February 2007 A.D. SALE # 1 COMMONWEALTH OF PE_NNSYLVAI Notarial Seal Terry L. Russell, Notary Public C' rri Dauphin County My Co M, Aires June 6, 2010 I NOTARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 WW mW 2m1*4WaVNVW rM1 Sotnirelp flank, FSB Vs. James D. Schroeder Mr. Daniel Schim g DI IP"1MON ALL THAT ortenet of had d mae in the Tim* of 'Upper Ailm, County of Cumbedaad, Cotmeunweft of'Paemaylvaoia, known and annabtned as Lot No. 146 on a plan for°BowmWs X14 dated March 299L1993 and recorded in the Orke of die Rea staof Deeds, in and for. Ciambedand Cove in So lplividon PLAN Hti(3K 68, PAGE 15 WWANDUSLY STATED AS PLAN BOOK 65, PAGE 1391N PRIOR Dom, mate fully bounded and descaW as follows, mwit: BECHRO M at a point an the Sash side of Deerview Drive at the Nottheam caner of Lot No. 169; them South fiwrteen (14) degecs, thirty-five (35) minutes, thirty-e* (58) seconds West, a &Ake a of one hundred and fifty one hnndindlks (188.Sb) heat to a po* thanee Saanh reventy-five (73) deBreea, tvweWt- four (24) mm uses, t wmty-lwo (22) seconds East, a d ommee of one hundred and My aw , . M (1410.3% feat to a point the West A& of Rolling f511s Drive; them Nadi fommm (14) degm, thirty-five (35) mnuae% W*- eight (38) seconds Fast a dicta= of eighty- eight aced My oue-l? (8&.50) feet to a point; theaft along a am 10 the W havmg a radius of twelve and Wo one h a (12.00) fact, a chard bearing of Nodh thidy (30) ddgmm?'twoty4m (24) mica um twenty-two (22) acem* West, a we distauce of eighteen and ewe one haskedds (18.85) feet to a point on the Sand' sidar of Dearsiew Diiw *mw Noah x-q-five (75) 4WP% twenty- four (24) minor. ocitytwo (22) seconds West, a distance of eight and My osre hombe lr (88.5%feet40 a Pow and pMoe of iii. Umm Am B1 , aft ei" etammissa,10060 a, 0000 ad iiMltalMwr as arfd 1pr inn of l 606 ani Imm TIM SAME PRUS R. Dublin and l L DA" Deed dated August 16, 1995, reorA?11 Au nt 21,1995 w the OSos of 6c Recorder of Deeds in and for Cotmty, Petmrylvgdk in Reenid I Pmr t1i91, grassed aspic" wets Esderick IL DuMm and IN m Ira Dablin, the Gallium herein. PAROI>JP#42-29.2270 M;2 1VUAW EMUS ^? f ( ® Y13SM IN Jana D. Scaroedm by Deed from Fredmck R. DA& mi Odom J. Dublin, husband and wife, dates recorded 09V291 M4, in Deed Book 265, page 2331. PRIOR DES) HE T() 76 SO T1TLE SAID *MOES lSvESTEa.Ilv Ptedmd R Dabtut ad %fta J. DWin, husband and wife, by Deed from BowudsIS Acs mWK a Pamsylvanta General Partnership, dated 9111&1995, mantled 0021/1995, in Deed %*Mpap1141.