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HomeMy WebLinkAbout06-5323PHELAN 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 140195 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE 4828 LOOP CENTRAL DRNE HOUSTON, TX 77081-2226 ~. BRIAN C. HANCOCK PAULA D. HANCOCK 213 WALNUT DALE ROAD SHII'PENSBURG, PA 17257 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM No. d` -S'.3~3 ~~~~~~ CUMBERLAND COUNTY Defendants CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 140195 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 #: 140195 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: BRIAN C. HANCOCK PAULA D. HANCOCK 213 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 08/17/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR FINANCE AMERICA, LLC, DB/A FIN AM. LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1878, Page: 3971. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2006 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 #: 140195 6. The following amounts are due on the mortgage: Principal Balance $137,652.96 Interest 4,318.12 04/01/2006 through 09/11/2006 (Per Diem $26.33) Attorney's Fees 1,250.00 Cumulative Late Charges 184.24 08/17/2004 to 09/11/2006 Cost of Suit and Title Search 550.00 Subtotal $ 143,955.32 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 143,955.32 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 143,955.32, together with interest from 09/11/2006 at the rate of $26.33 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN LLINAN ~, SC IEG, LLP By: !slFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 140195 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR TRACT OF LAND SITUATE IN SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A LAND SUBDIVISION OF WALNUT DALE PREPARED BY CARL D. BERT, REGISTERED SURVEYOR, DATED JUNE 6, 1983, AND RECORDED IN THE HEREINAFTER MENTIONED RECORDER'S OFFICE IN PLAN BOOK 45, PAGE 35, AND DESIGNATED AS LOT #4 THEREIN, AND AS IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A RAILROAD SPIKE IN THE CENTERLINE OF TOWNSHIP ROAD T-323 KNOWN AS WALNUT DALE ROAD AT LINE OF LAND NOW OR FORMERLY OF DONALD E. GRUVER; THENCE ALONG SAID LINE OF LAND NOW OR FORMERLY OF DONALD E. GRUVER, NORTH 11 DEGREES 06 MINUTES 20 SECONDS EAST, 949.88 FEET TO AN IRON PIN AT A CORNER COMMON TO LAND NOW OR FORMERLY OF DONALD E. GRUVER, LOT #3, AS SHOWN ON THE ABOVE-MENTIONED PLAN AND THE WITH DESCRIBED PREMISES; THENCE ALONG THE DIVIDING LINE BETWEEN LOTS #3 AND #4 AS SHOWN ON THE ABOVE- MENTIONED PLAN, SOUTH 28 DEGREES 08 MINUTES OS SECONDS EAST, 1,027.06 FEET TO A RAILROAD SPIKE IN THE CENTERLINE OF SAID TOWNSHIP ROAD T-323 KNOWN AS THE WALNUT DALE ROAD; THENCE ALONG THE CENTERLINE OF SAID ROAD, SOUTH 53 DEGREES 03 MINUTES 06 SECONDS WEST, 114.46 FEET TO A RAILROAD SPIKE; THENCE CONTINUING ALONG THE CENTERLINE OF SAID ROAD BY A CURVE TO THE RIGHT HAVING A RADIUS OF 170.55 FEET TO AN ARC DISTANCE OF 13.31 FEET (CHORD BEARING SOUTH 55 DEGREES 17 MINUTES 15 SECONDS WEST, CHORD LENGTH 13.31 FEET) TO A RAILROAD SPIKE; THENCE CONTINUING ALONG THE CENTERLINE OF SAID ROAD BY A CURVE TO THE RIGHT HAVING A RADIUS OF 170.55 FEET AN ARC DISTANCE OF 136.10 FEET (CHORD BEARING SOUTH 75 DEGREES 54 MINUTES 48 SECONDS WEST, CHORD LENGTH 132.52 FEET) TO A RAILROAD SPIKE; THENCE CONTINUING ALONG THE CENTERLINE OF SAID ROAD, NORTH 81 DEGREES 13 MINUTES 29 SECONDS WEST, 203.49 FEET TO A RAILROAD SPIKE; THENCE STILL CONTINUING ALONG THE CENTERLINE OF SAID ROAD, NORTH 79 DEGREES 57 MINUTES 00 SECONDS WEST, 249.99 FEET TO A RAILROAD SPIKE AT THE POINT AND PLACE OF BEGINNING. TOGETHER, WITH UNTO THE GRANTEES, THEIR HEIRS AND ASSIGNS, IN COMMON, NEVERTHELESS, WITH JOSEPH B. HAZZARD AND ESTHER M. HAZZARD, THEIR HEIRS AND ASSIGNS, THE RIGHT OF INGRESS, EGRESS AND REGRESS OVER AND ALONG A FIFTY (50) FOOT WIDE STRIP OF LAND ADJACENT TO THE WESTERN BOUNDARY OF THE WITHIN CONVEYED PREMISES AND RUNNING FROM TOWNSHIP ROAD T-323 IN A NORTHERLY DIRECTION. UNDER AND SUBJECT, NEVERTHELESS, TO ALL EASEMENTS, RESTRICTIONS, ENCUMBRANCES AND OTHER MATTERS OF RECORD OR THAT WHICH A PHYSICAL INSPECTION OR SURVEY OF THE PREMISES WOULD REVEAL. COMMONLY KNOWN AS: 213 WALNUT DALE ROAD, SHIPPENSBURG, PA, 17257 PARCEL : 3 9-14-016 5 -03 9 BEING THE SAME PROPERTY CONVEYED TO BRIAN C. HANCOCK AND PAULA D. HANCOCK, HUSBAND AND WIFE, BY DEED DATED APRIL 3, 2000, FROM BRAIN C. HANCOCK AND PAULA D. HANCOCK, HUSBAND AND WIFE, (INCORRECTLY SPELLED IN PRIOR DEED AS BRYAN C. HANCOCK AND PAULA P. HANCOCK, HUSBAND AND WIFE, OF RECORD IN BOOK 219, PAGE 120, OFFICE OF THE CUMBERLAND COURT CLERK. File #: 140195 ., 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. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~,~.-~i.Ce~._ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~ ~ ~ n +a. ~ ~!. u~tt a te,, d F ~ ,... d '_~ i~~ ~ ~ ~~ +- ~ r1 1 ~ ~~~ ~ . \...'6 ~b _ T} ' ~. ~ I - , ` ~ G, ""~ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY DEUTSCHE BANK NATIONAL TRUST, ET. AL., CIVIL DIVISION Plaintiff Case No.: 06-5323 Civil Term vs. BRIAN C. HANCOCK and PAULA D. HANCOCK, Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. After reasonable investigation, defendant(s) are without knowledge or information sufficient to form a belief regarding plaintiff s claim of default and the amount that is due. (Pa.R.C.P. 1029(c). The debtor(s) cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. 2. Insofar as an answer can be made, the defendant(s) state, upon information and belief, that the arrearage amount due on the mortgage is $3,600.00 which amount should be able to be paid within ninety days of filing of this answer. WHEREFORE, the defendant(s) pray(s) that plaintiff's complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the mortgage current. Frank E. Yourick, Esquire P.O. Box 644, Murrysville, PA 15668 (412) 243-5698 Pa. ID # 00245 VERIFICATION FRANK E. YOURICK, JR., ESQUIRE hereby states that he is the attorney for Defendant(s) in this matter, that 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 Answer to Complaint in Mortgage Foreclosure are based upon information supplied by Defendant(s) and are true and correct to the best of his knowledge, information and belief. Frank E. Youric r., Esqui e Pa. ID # 00245 P.O. Box 644, Murrysville, PA 15668 (412) 243-5698 CERTIFICATE OF SERVICE I certify that on the 28th day of September, 2006, I served a copy of the Answer to Plaintiff s Complaint upon the following by US first class mail, postage prepaid: Janine Davey, Esquire Suite 1400, One Penn Center at Suburban Station 161? John F. Kennedy Boulevard Philadelphia, P 19103-1814 Frank E. Yourick, r., Es u're Attorney for Defendant(s) P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PA ID No.: 00245 {7 N ~ ~ ^ r- T7 ~-{ i _ 1 ~ _r. ^. ~ i_. "~ i~~ . . ~i - '-t" . ~ 4 ~~~ Q .J~ ~.~ •1 . , DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR DEFENDANT BY: FRANCIS E. MARSHALL, JR., ESQUIRE HOLY SPIRIT HOSPITAL ATTORNEY ID. N0.27594 BY: AARON S. JAYMAN, ESQUIRE ATTORNEY ID. N0.85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 731-4800 (Tel) (717) 731-4803 (Fax) ANNA THOMPSON, Executrix of the Estate of THOMAS E. THOMPSON, Deceased, and ANNA THOMPSON, Individually and in her own right, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA N0.2006-5353 v CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION HOLY SPIRIT HEALTH SYSTEM t/dlbla HOLY SPIRIT HOSPITAL, Defendant :JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Francis E. Marshall, Jr., Esquire and Aaron S. Jayman, Esquire on behalf of Defendant, Holy Spirit Health System t/d/dla Holy Spirit Hospital, with respect to the above-captioned matter. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: October 2, 2006 By: Francis F~ Mars 11, Jr., Esq Supre Co L D. #27594 Aaron J an, Esquire Supreme Court I.D. #$5651 CERTIFICATE OF SERVICE AND NOW, this 2"d day of October, 2006, I, Francis E. Marshall, Esquire, Jr., hereby certify that I did serve a true and correct copy of the foregoing document upon all counsel of record or parties involved by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Lisa M. B. Woodburn, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintif~ C > ~-~ ' _ r.~ r ~~i: 1 ~'" __ s $ ~ ~_ ~~ . t. _ ,f-. `_ r~ '~~ ~- 's} --~ • r ~~ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station -Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION BRIAN C. HANCOCK PAULA D. HANCOCK l..vNS~ N0.06-5323 rnw~'-~- R TO THE PROTHONOTARY: Kindly enter Consent Judgment in favor of the Plaintiff and against BRIAN C. HANCOCK AND PAULA D. HANCOCK, Defendant(s) in accordance with the ~~~t.J" 11%20~ Assess Plaintiff's damages against BRIAN C, HANCOCK AND PAULA D. HANCOCI as of ows: As set forth in the Order Interest - TOTAL DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~ ~~~ Q~, PRO PRO- $143,955.32 $1,026.87 ~*. ~~ Itfi' C 'e ~g~ •F~=1~LAi~1 HALLINAN & SCHMIEG, LLP By: Jenine R. Davey, Esquire Identification No. 87077 One Penn Center at Suburban Station Suite 1400 1617 J.F.K. Blvd. Philadelphia, PA 19103-1814 (215)563-7000 Deutsche Bank National Trust Company, As Trustee 4828 Loop Central Drive Houston, TX 77081-2226 Plaintiff vs. Brian C. Hankcock Paula D. Hancock 213 Walnut Dale Road Shippensburg, PA 17257 Defendants Court of Common Pleas Civil Division Cumberland County No. 06-5323 Civil Term CONSENT JUDGMENT AND NOW, This ~~' day of dC~'r•~-~ , 2006 it is hereby agreed by and between, Deutsche Bank National Trust Company, As Trustee (hereinafter "Plaintiff'), by and through its counsel, Jenine R. Davey, Esquire and Brian C. Hankcock and Paula D. Hancock (hereinafter "Defendants") by and through his counsel, Frank E. Yourick, Jr., as follows: WHEREAS, Plaintiff is the holder of the Mortgage on the property located at 213 Walnut Dale Road, Shippensburg, PA 17257 (hereinafter the "Property"); WHEREAS, Defendants are the mortgagors and owners of the Property; WHEREAS, the Mortgage is in default because monthly payments on the Mortgage due May 1, 2006 and each month thereafter are due and unpaid; WHEREAS, by the terms of the Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are due forthwith; WHEREAS, the parties to this Consent Judgment are desirous of resolving the issues raised in the Complaint and therefore, Plaintiff and Defendants agree as follows: An in rem judgment is entered in favor of Plaintiff and against Defendants Brian C. Hankcock and Paula D. Hancock in the sum of $143,955.32 plus interest from September 11, 2006 at the rate of $26.33 per diem and other costs and charges collectible under the Mortgage, for foreclosure and sale ATTORNEY FOR PLAINTIFF of the Property. `` ~ ~ Plaintiff may immediately file the instant Consent Judgment with the Court. Although the Plaintiff shall file the Consent Judgment and may list the property for Sheriff s Sale, Plaintiff agrees that the earliest date that the property may be sold at Sheriff's Sale is March 7, 2007. Any future bankruptcy filing by Defendants shall not apply to Plaintiffs mortgage foreclosure action, and Defendants will stipulate to grant Plaintiff relief from the bankruptcy automatic stay upon Plaintiffs request. 4. In the event that, prior to a Sheriffs Sale, it is determined that Plaintiff has expended sums with regard to the Mortgaged Property, including but not limited to real estate taxes and insurance, then Defendants will stipulate with Plaintiff to the reassessment of damages in order to increase or decrease the judgment to reflect the expenditure made by Plaintiff. Defendants will peacefully vacate the Mortgaged Property by the date of the Sheriffs Sale. 6. Defendants hereby releases and forever discharges Plaintiff, its successors and assigns, predecessors, servicers, agents, employees, officers, directors, representatives, and attorneys from any and all claims, demands, damages, or liabilities whether now known or unknown arising out of or in any way connected to Plaintiffs servicing of Defendants' loan and the within foreclosure action. 7. The attorneys executing this Consent Judgment have done so only after having discussed the terms with their respective clients and having obtained their consent to be bound by the terms of this Consent Judgment. This Consent Judgment may be executed in counterpart. A facsimile version of a signature on this document shall be treated for all purposes as the equivalent of the original signatures. Date: l (rt e in .Davey, Esquire rnev for Plair~iff Date: b ~~ Frank E. Youric J ., Esquir Attorney for Defen ants, Brian C. Hankcock and Paula D. Hancock PHELAN HALLINAN AND SCHMIEG, LLP 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE 4828 LOOP CENTRAL DRIVE v. Plaintiff, BRIAN C. HANCOCK PAULA D. HANCOCK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION . N0.06-5323 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 BRIAN C. HANCOCK is over 18 years of age and resides at , 213 WALNUT DALE ROAD, SHIPPENSBURG, PA 17257 . (c) that defendant PAULA D. HANCOCK is over 18 years of age, and resides at , 213 WALNUT DALE 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. 3 ~, ~ ~° ~ ?~ ~~ ~- C _. ~, ~; ~. ~~. w~ ~, ~~ r~-~ Q K.~ C~ Q ~~; ~^^.atry l v CV S "t1 I" -r'; s^i1 _~~ _~i ~ 1J -1~ (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE 4828 LOOP CENTRAL DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. BRIAN C. HANCOCK PAULA D. HANCOCK Defendant(s). CIVIL DIVISION NO. 06-5323 Notice is given that a Judgment in the above-captioned matter has been entered against you on dCE- ~ ~ 200. sy: - ., If you have any questions concerning this matter, please contact: n ~ G. ~CHMIF~, ES Attorney or laintif~~T7 ONE PE CENTER BURBAN 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. +, PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE Plaintiff, . v. No. 06-5323 BRIAN C. HANCOCK . PAULA D. HANCOCK . Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest - 9/11/06 to 10/20/06 Interest from 10/20/06 to 3/7/07 (per diem -$23.83) $143,955.32 $1,026.87 $3,288.54 and Costs TOTAL Add'1 fees $148,270.73 $ 2369.50 DtxNIELn~(''ll IE ,ESQUIRE One Pe C ter t Su rban Station 1617 John F. Kenne y 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. ~ ~ ~ N N t,,, r ~ as t~ ~ a ~~ ww per`., a ~~ z ~~ w~ ~ p0 O ~ ~ ~ c~ 04 W ~ ~" v ~ . ~ "~ d' d a~ HW UV ~j, ~ .~ Ap Z~~, Z~ O~ G a ~,~~ O w O H ~z H ~+ ~ z h d U V A a, bn ~~''~, OO ~~ ~~ O o NN A W~ ~~ ~ O~ ~ O V ~ ~ V~ ~U ~ d H~ ~ a W Z~ A "' C.) a ~ \ ti- y y /~a ~. v \ ) r. ..~' ~ V 4 ~ ,~:. - ~,,~ v-, ~~ ~ ~ ~ ~ ~'' `~- a~ a t3+ N U 1 ~ DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Land Subdivision of Walnut Dale prepared by Carl D. Bert, Registered Surveyor, dated June 6, 1983, and recorded in the hereinafter mentioned Recorder's Office in Plan Book 45, Page 35, and designated at Lot #4 therein, and as is more particularly bounded and described as follows: BEGINNING at a railroad spike in the centerline of Township Road T-323 known as Walnut Dale Road at line of land now or formerly of Donald E. Gruver; thence along said line of land now or formerly of Donald E. Gruver, North 11 degrees 06 minutes 20 seconds East, 949.88 feet to an iron pin at a corner common to land now or formerly of Donald E. Gruver, Lot #3, as shown on the above- mentioned Plan and the within described premises; thence along the dividing line between Lots #3 and #4 as shown on the above-mentioned Plan, South 28 degrees 08 minutes OS seconds East, 1,027.06 feet to a railroad spike in the centerline of said Township Road T-323 known as the Walnut Dale Road; thence along the centerline of said road, South 53 degrees 03 minutes 06 seconds West, 114.46 feet to a railroad spike; thence continuing along the centerline of said road by a curve to the right having a radius of 170.55 feet to an arc distance of 13.31 feet (chord bearing South 55 degrees 17 minutes 15 seconds West, chord length 13.31 feet) to a railroad spike; thence continuing along the centerline of said road by a curve to the right having a radius of 170.55 feet an arc distance of 136.10 feet (chord bearing South 75 degrees 54 minutes 48 seconds West, chord length 132.52 feet) to a railroad spike; thence continuing along the centerline of said road, North 81 degrees 13 minutes 29 seconds West, 203.49 feet to a railroad spike; thence still continuing along the centerline of said road, North 79 degrees 57 minutes 00 seconds West, 249.99 feet to a railroad spike at the point and place of BEGINNING. TOGETHER, with unto the Grantees, their heirs and assigns, in common, nevertheless, with Joseph B. Hazzard and Esther M. Hazzard, their heirs and assigns, the right of ingress, egress and regress over and along a fifty (50) foot wide strip of land adjacent to the western boundary of the within conveyed premises and running from Township Road T-323 in a northerly direction. UNDER AND SUBJECT, nevertheless, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. BEING the same premises which Keith A. Varner and Monique P. Varner, husband and wife, by their Deed dated November 8, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 211, Page 628, granted and conveyed unto Bryan C. Hancock and Paula P. Hancock, husband and wife, Grantors herein. PARCEL IDENTIFICATION NO: 39-14-0165-039 Premises: 213 Walnut Dale Road, Shippensburg, PA 17257 Southampton Township, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Brian C. Hancock and Paula D. Hancock, husband and wife, by Deed from Brian C. Hancock and Paula D. Hancock, husband and wife, dated 04/03/2000, recorded 04112/2000, in Deed Book 219, page 120. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5323 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, Plaintiff (s) From BRIAN C. HANCOCK AND PAULA D. HANCOCK (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 $143,955.32 L.L. $.50 Interest 9/11/06 TO 10/20/06 - $1,026.87 --- INTEREST FROM 10/20/06 TO 3/7/07 (PER DIEM - $23.83) - $3,288.54 AND COSTS Atty's Comm Atty Paid $142.72 Plaintiff Paid Due Prothy $1.00 Other Costs ADD'L FEES - $2369.50 Date: NOVEMBER 6, 2006 (Seal) 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 C s R. Long onot By: Deputy Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN AND SCHMIEG, LLP 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE Plaintiff, v. BRIAN C. HANCOCK PAULA D. HANCOCK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5323 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. ~~ ~ ~~ ~`' ..-~ _ ` ~ f.~.=, _ ~y ~', i , .e -- , 1 r'1 1 ...r.... ~w DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE Plaintiff, v. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION BRIAN C. HANCOCK PAULA D. HANCOCK . Defendant(s). N0.06-5323 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, 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 ,213 WALNUT DALE ROAD, SHIPPENSBURG, PA 17257 . 1. Name and address of Owner(s) or reputed Owner(s): Name BRIAN C. HANCOCK PAULA D. HANCOCK Last Known Address (if address cannot be reasonably ascertained, please indicate) 213 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 213 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 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 w 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 213 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 FRANK E. YOURICK, JR. P.O. BOX 644 MURRYSVILLE PA 15668 I verify that the statements made in this affidavit are t e and correct to the best of my personal knowledge or information and belief. I understand that f se tatements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn f sific tion to authorities. November 2, 2006 DATE ESQUIRE ~`~? ~ ~ r ' , - . r, , ~ ~ ~ ~ - - ~ ~ ar - _ ~> _ =- -M,-a t -; . -. -:i4`~ r - ~ -'i DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE Plaintiff, v. BRIAN C. HANCOCK PAULA D. HANCOCK Defendant(s). CUMBERLAND COUNTY . No. 06-5323 October 27, 2006 TO: BRIAN C. HANCOCK 213 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 PAULA D. HANCOCK 213 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TD 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 , 213 WALNUT DALE ROAD, SHIPPENSBURG, PA 17257Lis scheduled to be sold at the Sheriffs Sale on 3/7/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $144.982.19 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANYLAS TRUSTEE (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 X215) 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 (7l 7) 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 ALL THAT CERTAIN lot or tract of land situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Land Subdivision of Walnut Dale prepared by Carl D. Bert, Registered Surveyor, dated June 6, 1983, and recorded in the hereinafter mentioned Recorder's Office in Plan Book 45, Page 35, and designated at Lot #4 therein, and as is more particularly bounded and described as follows: BEGINNING at a railroad spike in the centerline of Township Road T-323 known as Walnut Dale Road at line of land now or formerly of Donald E. Gruver; thence along said line of land now or formerly of Donald E. Gruver, North 11 degrees 06 minutes 20 seconds East, 949.88 feet to an iron pin at a corner common to land now or formerly of Donald E. Gruver, Lot #3, as shown on the above- mentioned Plan and the within described premises; thence along the dividing line between Lots #3 and #4 as shown on the above-mentioned Plan, South 28 degrees OS minutes OS seconds East, 1,027.06 feet to a railroad spike in the centerline of said- Township Road T-323 known as the Walnut Dale Road; thence along the centerline of said road, South 53 degrees 03 minutes 06 seconds West, 114.46 feet to a railroad spike; thence continuing along the centerline of said road by a curve to the right having a radius of 170.55 feet to an arc distance of 13..31 feet (chord bearing South 55 degrees 17 minutes 15 seconds West, chord length 13.31 feet) to a railroad spike; thence continuing along the centerline of said road by a curve to the right having a radius of 170.55 feet an arc distance of 136.10 feet (chord beazing South 75 degrees 54 minutes 48 seconds West, chord length 132.52 feet) to a railroad spike; thence continuing along the centerline of said road, North 81 degrees 13 minutes 29 seconds West, 203.49 feet to a railroad spike; thence still continuing along the centerline of said road, North 79 degrees 57 minutes 00 seconds West, 249.99 feet to a railroad spike at the point and place of BEGINNING. TOGETHER, with unto the Grantees, their heirs and assigns, in common, nevertheless, with Joseph B. Hazzard and Esther M. Hazzard, their heirs and assigns, the right of ingress, egress and regress over and along a fifty (50) foot wide strip of land adjacent to the western boundary of the within conveyed premises and running from Township Road T-323 in a northerly direction. UNDER AND SUBJECT, nevertheless, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. BEING the same premises which Keith A. Varner and Monique P. Varner, husband and wife, by their Deed dated November 8, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 211, Page 628, granted and conveyed unto Bryan C. Hancock and Paula P. Hancock, husband and wife, Grantors herein. PARCEL IDENTIFICATION NO: 39-14-0165-039 Premises: 213 Walnut Dale Road, Shippensburg, PA 17257 Southampton Township, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Brian C. Hancock and Paula D. Hancock, husband and wife, by Deed from Brian C. Hancock and Paula D. Hancock, husband and wife, dated 04/03/2000, recorded 04/12/2000, in Deed Book 219, page 120. c~ ~n C"'? `_, ...f T~ ~ ~ ..r~ei T',. ~st G, ~ _'t --- .• -' ',~' ~. C~-1 SHERIFF'S RETURN - REGULAR C' -.~ CASE N0: 2006-05323 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS HANCOCK BRIAN C HANCOCK KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon HANCOCK BRIAN C the DEFENDANT at 0018:38 HOURS, on the 14th day of September, 2006 at 213 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 by handing to PAULA HANCOCK (WIFE) a true and attested copy of NOTICE together with COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answe s: '~~ Docketing 18.00 Service 16.72 ~ Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 44.72,/ 09/15/2006 PHELAN, HALLINAN, SCHMIEG io/a~ fay (~,,.,_ Sworn and Subscibed to By: before me this day ep y Sh ff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-05323 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS HANCOCK BRIAN C HANCOCK KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE HANCOCK PAULA D was served upon the DEFENDANT at 0018:33 HOURS, on the 14th day of September, 2006 at 213 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 PAULA HANCOCK a true and attested copy of NOTICE COMPLAINT IN MORTGAGE FORECLOSURE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 ~' Service .00 ~ ~ ~ Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00,/ 09/15/2006 PHELAN, HALLINAN & SCHMIEG Sworn and Subscibed to By: before me this day D e f of A.D. by handing to 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 Deutsche Bank National Trust Company, As Trustee Court of Common Pleas Plaintiff Civil Division vs. Brian C. Hancock Paula D. Hancock Cumberland County No. 06-5323 Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on September 12, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on October 30, 2006 in the amount of $144,982.19. 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 Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $137,652.96 Interest Through 3/07/07 10,317.62 Per Diem $25.98 Late Charges 366.92 Legal fees 1,600.00 Cost of Suit and Title 1,127.00 Sheriffs Sale Costs 0.00 Property Inspections 31.50 Appraisal/BPO 92.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 0.00 TOTAL $151,188.00 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 Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. he n lli n & Scl~tni , LLP Date: t ~ By ,'' ~` 7 I ' ichele .Bra ford, squire 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 Deutsche Bank National Trust Company, As Trustee Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Brian C. Hancock No. 06-5323 Paula D. Hancock Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 213 Walnut Dale Road, Shippensburg, PA 17257. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, 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 Mort~a~e 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 Mortg_a~e Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.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 Com,~any v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct 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 Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. IV. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. V. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal SavingLs and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. VI~IEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. e n al ' an & Sc g, LLP ~' DATE: E (L~J l~ ~ By: j' ichele M. Bradford, squire Attorney for Plaintiff Exhibit "A" PHELAN HAI,LINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id_ No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No, b2b9S ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA i 9103 ~15~63-7000 ,__ !aol9s DEUTSCHE BANK. NATIONAL TRUST COMPANX, AS TRUSTEE 4828 LOOP CENTRAL ARIVE HOUSTON, TX 77081-222b V. BRIAN C. IiANCOCK PAULA D, YIANCOCK 213 WALNUT PALE ROAD SI-IlPPENBBURG, PA 17257 Plaintiff Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ~• - 1a.~o~.~ ~iC~~ ~, CUMBERLAND COUNTY ATTp~IVE`~,~jL~ ~~~~ r CIVIL ACTION -LAW COMP HINT MORTGAGE FORECT, SURE NOTICE You have been sued in court. ):f you wish to defend against the claims set forth in the following pages, you must take action within twenty {ZU} 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 Earth 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 ar 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 PROVIbE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT. AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITI-I INFORMATION~ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELICII>I1.1; PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service ~? ~_ ~' ~ Cumberland County BQr Association ~- `_`. ' ' ` ~ ~ ~ ~ 32 South Bedford Street = ' ~ Carlisle, FA 17013 ~r.'_ .d -r~ (800}994-9108 ~' _ ~~ ~ -=~ (~1 ~ ~ rrY` p~~/i~ -~ ~' ~; , ~f .. ±; .mow. T1 ~ ~ s ~~ . ~~~, ' . 4 _ ~~ File f/: !40195 PI~IELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PI-IELAN, ESQ., Id. No. 32227 FRANCIS S. HALLTNAN, ESQ., Id. No. 62695 ONE PENN CENTER PI,A7A, SUITE 1400 PHILADELPHIA, PA 19103 {2I5} 563-7000 raol9s DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 v. Plaintiff BRIAN C. HANCOCK PAULA D. HANCOCK 213 V~ALNUT DALE ROAD SHII'PENSBURG, PA 17257 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION 1`ERM NO. CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORI+~CLOSURE 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 far any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you.. YOU SHOULD'I'AKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPI~ONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION AIIOUT 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. E.awyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 f~~"Ed" -6~~~bd'~ V~! a~u~r ~O ~ ~~I~fa ~I~ :~If~ tGCI~a Fite fit: Ia0195 I.I< THIS IS TI~IE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, I3E ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IS 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 WITIIIN THIRTY (3U) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANTS} 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 (3Q} 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 T~iE 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 (3Q) DAY PERIOD THAT $EGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR 01'HERWISE) 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 TS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 140195 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE 4828 LOOP CENTRAIa DRIVE HOUSTON, TX 77081-2226 2. The names} and last known address(es) of the Defendant(s) are: BRIAN C. HANCOCK PAULA D. HANCOCK 213 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 08117J2044 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE rOR FITIANCE AMERICA, LLC, D/B/A FIN AM. LLC which mortgage is recorded in the Office of the Retarder of CUMBERLAND County, in Book: 1878, Page: 3971. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject fa said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due OS/Ol /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 speciEed lay written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File ~: 140195 6. The following amounts arc due on the mortgage: Principal Balance $137,652.96 Interest 4,318.12 04/01/2006 through 0911 I12006 {Per Diem $26.33) Attorney's Fees 1,250.00 Cumulative Late Charges i 84.24 08/17/2004 to 09/ 11 /2006 Cost of Suit and Title Search $ SSOAO Subtotal $ 143,955.32 Escrow Credit 0.00 Deficit 0,00 Subtotal $ O.oo TOTAL $ 143,955.32 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the evenC 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 I-Iomeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the ma•tgage docwnerlt, 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 b of 1974 because the original mortgage amount exceeds $so,ooo. Vi~HEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 143,955.32, together with interest from 09/11/2006 at the rate of $26.33 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN LLINAN SCH IEG, LLP ~t..ct~f / .- By: is/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. I-IALLINAN, ESQUIRE Attorneys for Plaintiff Pile #: 140195 LEGAL DESCitIPT10N ALL THAT CERTAIN LOT OR TRACT' OF LAND SITUATE IN SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A LAND SUBDIVISION OF WALNUT DALE PREPARED BY CARL D. BERT, REGISTERED SURVEYOR, DATED JUNE 6, 1983, AND RECORDED IN THE HEREINAFTER MENTIONED RECORDER'S OFFICE IN PLAN BOOK 45, PAGE 35, AND DESIGNATED AS LOT #4 THEREIN, AND AS IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A RAILROAD SPIKE IN THE CENTERLINE OF TOWNSHIP ROAD T-323 KNOWN AS WALNUT DALE ROAD AT LINE OF LAND NOW OR FORMERLY OF DONALD E. GRUVER; THENCE ALONG SAID LINE OF LAND NOW OR FORMERLY OF DONALD E. GRUVER, NORTH 11 DEGREES 06 MINUTES 20 SECONDS EAST, 949.88 FEET TO AN IRON PIN AT A CORNER COMMON TO LAND NOW OR FORMERLY OF DONALD E. GRIJVER, LOT #3, AS SHOWN ON THE ABOVE-MENTIONED PLAN AND THE WITH DESCRIBED PREMISES; THENCE ALONG THE DIVIDING LINE BETWEEN LOTS #3 AND #4 AS SHOWN ON 'I'HE ABOVE- MENTIONED PLAN, SOUTH 28 DEGREES 08 MINUTES 05 SECONDS EAST, ],027.06 FEET TO A RAILROAD SPIKE IN THE CENTERLINE OF SAID TOWNSHIP ROAD T-323 KNOWN AS THE WALNUT DALE ROAD; THENCE ALONG THE CENTERLINE OF SAID ROAD, SOUTH 53 DEGREES 03 MINUTES 06 SECONDS WEST, 114.46 FEET TO A RAILROAD SPIKE; THENCE CONTINUING ALONG THE CENTERLINE OF SAID ROAD BY A CURVE TO THE RIGHT HAVING A RADIUS OF 170.55 FEET TO AN ARC DISTANCE OF 13.31 FEET (CHORD )SEARING SOUTH 55 DEGREES 17 MINUTES 15 SECONDS WEST, CHORD LENGTH 13.31 FEET) TO A RAILROAD SPIKE; THENCE CON'T'INUING ALONG THE CENTERLINE OF SAID ROAD BY A CURVE TO THE RIGHT HAVING A RADIUS OF 170.55 FEET AN ARC DISTANCE OF 136.10 FEET (CHORD BEARING SOUTH 7S DEGREES 54 MINUTES 48 SECONDS WEST, CI-IORD LENGTH 132.52 FEET) TO A RAILROAD SPIKE; THENCE CONTINUING ALONG THE CENTERLINE OF SAID ROAD, NORTH 81 DEGREES 13 MINUTES 29 SECONDS WEST, 203.49 FEET TO A RAILROAD SPIKE; THENCE STILL CONTINUING ALONG THE CENTERLINE OF SAID ROAD, NORTH 79 DEGREES 57 MINU'T'ES 00 SECONDS WEST, 249.99 FEET TO A RAILROAD SPIKE AT THE POINT AND PLACE OF BEGINNING. TOGETHER, WITH UNTO THE GRANTEES, THEIR HEIRS AND ASSIGNS, IN COMMON, NEVERTHELESS, WITH JOSEPH B. HAZZARD AND ESTHER M. HAZZARD, THEIR HEIRS AND ASSIGNS, THE RIGHT OF INGRESS, EGRESS AND REGRESS OVER AND ALONG A FIFTY (50} FOOT WIDE STRIP OF LAND ADJACENT TO THE WESTERN BOUNDARY OF THE WITHIN CONVEYED PREMISES AND RUNNING FROM TOWNSHIP ROAD T-323 IN A NORTHERLY DIRECTION. UNDER AND SUBJECT, NEVERTHELESS, TO ALL EASEMENTS, RESTRICTIONS, ENCUMBRANCES AND OTHER MATTERS OF RECORD OR 'T'HAT WHICH A PHYSICAI. INSPECTION OR SURVEY OF THE PREMISES WOULD REVEAL. COMMONLY KNOWN AS: 2l3 WALNUT DALE ROAD, SHIPPENSBURG, PA, 17257 PARCEL: 3 9-14-016 5 -03 9 BEING THE SAME PROPERTY CONVEYED TO BRIAN C, HANCOCK AND PAULA D. HANCOCK, HUSBAND AND WIFE, BY DEED DATED APRIL 3, 2000, FROM BRALN C. HANCOCK AND PAULA D. HANCOCK, HUSBAND AND WIFE, (INCORRECTLY SPELLED IN PRIOR DEED AS BRYAN C. HANCOCK AND PAULA P. HANCOCK, HUSBAND AND WIFE, OF RECORD IN BOOK 219, PAGE 120, OFFICE OF THE CUMBERLAND COURT CLERK. File #!: 14!)195 Exhibit "B" PHELAN HALLINAN & SCHivVJiFF~G, L.L.P. By: DANIEL G. SCl~llvt>EG Identificat<'an Na. X2205 ,.,, . Ozle Penn Center at °~-. ~ 5ubvrban Station -Suite 1400 ..U ~y o , ~ Philadelphia, PA 19143 Attorney far Plaintiff ~'t~! ~ r21s~ s~~~~ooo z~~~ - ~ `"" C_ DEUTSCHE BANK NATIONAL TRUST ~-' C COMPANY, AS TRUSTEE :CUMBERLAND CO a COURT OF COMMON _ A ,~,,..,,,.,,, r. - ~ r ~ r ,..; , '.~ ~,; ~ vs. ~~ g ,, `• = - `! ; C ~- ~r .. ~., .CIVIL DIVISION BRIAN C. HANCQCK ~~ }-k.k .... ,.. ~}~.,,. f PAULA D. HANCOCK ~~ ..~. , c~ ~ ~_ -~~ -~. - _ r - ~: N0.06-b323 PRAr_CIPE FOR ENTRY OF S TO THE PROTHONOTARY: Kindly enter Consent Judgment in favor of the Plaintiff and against ~RIA,N C. HANCOCK AND PAULA p. IIANC~CK, Defendant(s) in aecord$nae with the Court's Order dated 1 Q120/~6. Assess Plaintiff's damagcs against BRIAN C. HANCOCK AND PAULA D. HANCOCK as follows: As set forth in the Order lnter~est - TOTAL ' ,r . ~1 'r :~, x ; .. x .- 4 DANIA,GES ARE HEREBY ASSESSED AS 1NDICATED ; r,. - ~. , - DATE: ~p ~ ~ ~ ~~ ~ . RO T ~~o~,~~ $143,955.32 $1,026.87 VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: ~ Q fls Bye, ' i hele M. Brad ord, Esquire Attorney for Plaintiff Phelan Ha roan & c mieg, LLP PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 X215) 563-7000 Deutsche Bank National Trust Company, As Trustee Plaintiff vs. Brian C. Hancock Paula D. Hancock Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 06-5323 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages, and Brief in Support thereof were sent to the following individuals on the date indicated below. Brian C. Hancock Paula D. Hancock 213 Walnut Dale Road Shippensburg, PA 17257 DATE: Frank E. Yourick Jr., Esquire P.O. Box 644 Murrysville, PA 15668 Phelan Hallinan & Schmieg, LLP B y' Michele . Bradfor ,Esquire Attorney for Plaintiff _ by _ E ~ T :~ 'i ~~_ , ~ ___ ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Deutsche Bank National Trust Company, As Trustee Plaintiff vs. Brian C. Hancock Paula D. Hancock RULE Court of Common Pleas Civil Division Cumberland County No. 06-5323 Defendants ~IIg16200] ~' AND NOW, this ! ~ ` day of 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff s Motion to Reassess Damages. ~~. 1{,,,,,,r,L ~~ ~ ~ Rule Returnable a a ouse, . BY THE COURT, J. >-- cn c~ ~' ~J '~ ~ ~ ~ ' ~' .. ~1 . .,. ~S ~'}~"' 'f" C 3 ~ 1 ~' - ~. ~~ .~~~- CJJ i LL _. _,,. ~ ~ =.1.1 ~ '' ~ ~1 t .,t ~•.;~: ° C~ v- J c~+ ~J a r . -.. Phelan Ilallinan &Schmieg By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard 'suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. . NO. 06-5323 BRIAN C. HANCOCK SALE DATE: MARCH 7, 2007 PAULA D. HANCOCK Defendant(s). AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.RC.P., 404(2)/403 Daniel G. Schmieg, Esquire, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriff s Sale was made by sending a true and correct copy by regular mail to FRANK E. YOURICK, JR, Attorney of Record for Defendant(s), BRIAN C. HANCOCK & PAULA D. HANCOCK at P.O. BOX 644, MURRYSVILLE, PA 15668 on NOVEMBER 10, 2006. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S.4904 relating to the unsworn falsification to authorities. P LAN LINAN & SCHMIEG By: DANIEL G. SCHMIEG, ESQUIRE E01& L 3UOJdZ WA2~ Q371dW '~ QOOZ O 1 AON` 0 LOQ LZdp00 • . o5Z`I~0 $ ~ wL• ao - .~ ..~,~ .~.'~r.:..i~ ~ `~~,~~ ~ ~ S w~ ~~ ~~~ ~~f" ~ o ~~ a ~ w .~' .~ ~. a ~. a ~ :° ~ • .~ ~ - ~ ~ > ~ ~ ~ ~ `^~ ~ O a ~ tL ~ W ~ ~ a ~ o ~ ~ ~ ~ w a ~ ~ ~ z° ~. ~-~~ ~a ~~'"~SA~ ~~~ o N V~ ~ P~~? ~~l$ ~i{~ ~ji~t i}~;1 =I` 1f: ~s# o- 4 b d A '!! V! z~~ i ~ !I z~ ~~ s z~~ o~ ~~ ~Q y ~~ ~ .~ N h d ' : -n , _ -,-; rp ; c~ rr~?? _ ~ :?~; _ -~ ~~ -~ _. _, - -: -' - ~._ J C.... ' • • ..~,~ \ e ~ SALE DATE: MARCH 7, 2007 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE No.: 06-5323 vs. BRIAN C. HANCOCK PAULA D. HANCOCK 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: 213 WALNUT DALE ROAD SHIPPENSBURG PA 17257. 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. G~'~,c;ev ~.~J DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff January 31, 2007 ..- _o -a ~, ~ a u. b° ~~ ~~ A 0 ``F ~ '~ 3 ~~ E;~ Al~~f ~R~~f j~l(. if~~ `~r~ 0 ~' A ~ ~ a ~ a o ~W~ ~~g wg~ ~'~; ~ aro~~o~• ~~~ o ., C 7J ~ A ro ~ ° ~~'~~ ~-+ ~ a ~ ~ ~~. ~. ~ ~ ~ ~ . ~ ~• . .~ 0 0 0 ~~ . ~~~ :~ ~~ . 02 .1M $ O f w~'~ ' • 0004218010 ~iOV 10 2008 ~~ fiROHI 2~ GODS 19103 ~- . c`-, ~.~ ~,~ ~ _ ~, {"cl a C:J ~- I -r''', - _ t'43 -- _, ,, : - >. . . . :ter ~ = `7 C "' 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 Deutsche Bank National Trust Company, As Trustee Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Brian C. Hancock No. 06-5323 Paula D. Hancock Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 16, 2007 Rule directing the defendants to show by February 16, 2007 was sent to the following individuals on the date indicated below. Brian C. Hancock Paula D. Hancock 213 Walnut Dale Road Shippensburg, PA 17257 DATE: Frank E. Yourick Jr., Esquire P.O. Box 644 Murrysville, PA 15668 Phelan Hallinan & Schmieg, hLP '-~ ; -~ ~J ~y~ " '~ t Mi he e M. radfo Attorney for Plaintiff t~-? !1 ,ri'i .-°' - --~ ,~. 1 :..1 fir., .:e C:~ ~~ fa Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 X215) 563-7000 Deutsche Bank National Trust Company, As Trustee Court of Common Pieas PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Plaintiff Civil Division vs. Cumberland County Brian C. Hancock No. 06-5323 Paula D. Hancock Defendants PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws the Motion to Reassesses Damages, which it filed on January 10, 2007. o ~1 Date Michel M. Brad s ire Attorney for Plaintiff yf ,~ 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 Deutsche Bank National Trust Company, As Trustee Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Brian C. Hancock No. 06-5323 Paula D. Hancock Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Withdraw its Motion to Reassesses Damages was sent via first class mail to the person on the date listed below: Brian C. Hancock Paula D. Hancock 213 Walnut Dale Road Shippensburg, PA 17257 DATE: Ion d Frank E. Yourick Jr., Esquire P.O. Box 644 Murrysville, PA 15668 By: Miche a M. radf wire Attorney for Plaintiff G ~_ ~' -~ r:: .C"' ~ ' '"~ 3~ `'~t~ l ~ ~ A ~~ Deutsche Bank National Trust Company, In the Court of Common Pleas of as Trustee Cumberland County, Pennsylvania VS Writ No. 2006-5323 Civil Term Brian C. Hancock and Paula D. Hancock Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on December 27, 2006 at 1735 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Brian C. Hancock and Paula D. Hancock, by making known unto Paula Hancock, personally and wife of Brian C. Hancock, at 213 Walnut Dale Road, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 17, 2007 at 1915 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 Brian C. Hancock and Paula D. Hancock located at 213 Walnut Dale Road, Shippensburg, 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 defendants, to wit: Brian C. Hancock and Paula D. Hancock, by regular mail to their last known address of 213 Walnut Dale Road, Shippensburg, PA 17257. These letters were mailed under the date of January 16, 2007 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of instruction from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 317.19 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 35.20 Levy 15.00 Surcharge 30.00 Certified Mail 6.19 Law Journal 695.00 Patriot News 567.71 Share of Bills 16.83 / ~ $1744.62 ~ ~,u tom. R. Thomas Kline, Sheriff ~~.~°~ BY ~~~- ~SY~u ~~~ ~ ~ qa~ Real Estat eputy ~~ ~ J ,,,,..DEUTSCHE BANK NATIONAL TRUST ~ y~' COMPANY, AS TRUSTEE CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION BRIAN C. HANCOCK PAULA D. HANCOCK N0.06-5323 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, 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 X13 WALNUTWALNUT DALE ROAD, SHIPPENSBURG, PA 17257 . 1. Name and address of Owner(s) or reputed Owner(s): Name BRIAN C. HANCOCK PAULA D. HANCOCK Last Known Address (if address cannot be reasonably ascertained, please indicate) 213 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 213 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 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 213 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 FRANK E. YOURICK, JR. P.O. BOX 644 MURRYSVILLE PA 15668 I verify that the statements made in this affidavit are a and correct to the best of my personal knowledge or information and belief. I understand that f se tatements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn f sific tion to auth9rities. November 2, 2006 DATE DA G. S MIEG, ESQUIRE Att v for Plain t DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE Plaintiff, v. BRIAN C. HANCOCK PAULA D. HANCOCK Defendant(s). TO: BRIAN C. HANCOCK 213 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 October 27, 2006 CUMBERLAND COUNTY No. 06-5323 PAULA D. HANCOCK 213 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAYE PREYIOUSLYRECEIYED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at , 213 WALNUT DALE ROAD, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on 3/7/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $144,982.19 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE (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 chazges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale 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 laintiff 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 ALL THAT CERTAIN lot or tract of land situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Land Subdivision of Walnut Dale prepared by Carl D. Bert, Registered Surveyor, dated June 6, 1983, and recorded in the hereinafter mentioned Recorder's Office in Plan Book 45, Page 35, and designated at Lot #4 therein, and as is more particularly bounded and described as follows: BEGINNING at a railroad spike in the centerline of Township Road T-323 known as Walnut Dale Road at line of land now or formerly of Donald E. Gruver; thence along said line of land now or formerly of Donald E. Gruver, North 11 degrees 06 minutes 20 seconds East, 949.88 feet to an iron pin at a corner common to land now or formerly of Donald E. Gruver, Lot #3, as shown on the above- mentioned Plan and the within described premises; thence along the dividing line between Lots #3 and #4 as shown on the above-mentioned PIan, South 28 degrees 08 minutes OS seconds East, 1,027.06 feet to a railroad spike in the centerline of said Township Road T-323 known as the Walnut Dale Road; thence along the centerline of said road, South 53 degrees 03 minutes 06 seconds West, 114.46 feet to a railroad spike; thence continuing along the centerline of said road by a curve to the right having a radius of 170.55 feet to an arc distance of 13..31 feet (chord bearing South 55 degrees 17 minutes 15 seconds West, chord length 13.31 feet) to a railroad spike; thence continuing along the centerline of said road by a curve to the right having a radius of 170.55 feet an arc distance of 136.10 feet (chord bearing South 75 degrees 54 minutes 48 seconds West, chord length 132.52 feet) to a railroad spike; thence continuing along the centerline of said road, North 81 degrees 13 minutes 29 seconds West, 203.49 feet to a railroad spike; thence still continuing along the centerline of said road, North 79 degrees 57 minutes 00 seconds West, 249.99 feet to a railroad spike at the point and place of BEGINNING. TOGETHER, with unto the Grantees, their heirs and assigns, in common, nevertheless, with Joseph B. Hazzard and Esther M, Hazzard, their heirs and assigns, the right of ingress, egress and regress over and along a fifty (50) foot wide strip of land adjacent to the western boundary of the within conveyed premises and running from Township Road T-323 in a northerly direction. UNDER AND SUBJECT, nevertheless, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. BEING the same premises which Keith A. Varner and Monique P. Varner, husband and wife, by their Deed dated November 8, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 21 I, Page 628, granted and conveyed unto Bryan C. Hancock and Paula P. Hancock, husband and wife, Grantors herein. PARCEL IDENTIFICATION NO: 39-14-0165-039 Premises: 213 Walnut Dale Road, Shippensburg, PA 17257 Southampton Township, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Brian C. Hancock and Paula D. Hancock, husband and wife, by Deed from Brian C. Hancock and Paula D. Hancock, husband and wife, dated 04/03/2000, recorded 04/12/2000, in Deed Book 219, page 120. - - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-5323 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, Plaintiff (s) From BRIAN C. HANCOCK AND PAULA D. HANCOCK (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) ar, 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 duected to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $143,955.32 L.L. $.50 Interest 9/11/06 TO 10/20/06 - $1,026.87 --- INTEREST FROM 10/20/06 TO 3/7/07 (PER DIEM - $23.83) - $3,288.54 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $142.72 Other Costs ADD'L FEES - $2369.50 Plaintiff Paid Date: NOVEMBER 6, 2006 C R. Long, notary (Seal) 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 ~C Real Estate Sale # 43 On November 09, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 213 Walnut Dale Road, ~ Shippensburg, more fully described on Exhibit "A" ~ ~-, filed with this writ and by this reference incorporated herein. Date: November 09, 2006 By: Real Est a Sergeant 81 :~ ~' b - ;jON 9COl PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: 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 st ~xtemen#s as to time, place and character of publication are true. isa Marie Co , Edi SWORN TO AND SUBSCRIBED before me this 9 day of February, 2007 NOTARIAL SEAL `~ LOlS E. SNYDER, Notary Public Carlisle Soro, Cumberland County My Commission Expires March ;i, 2009 • ,,, .. 9ti1t~TTtetttc ~~ , ;; , ILF,AL ESTATE SALE NO. 43 Writ No. 2006-5323 Civil Deutsche Bank National Trust Company, as Trustee vs. Brian C. Hancock and Paula D. Hancock Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in Southampton Township, Cumberland County, Pennsylvania, bounded and de- scribed in accordance with a Land Subdivision of Walnut Dale prepared by Carl D. Bert> Registered Sur- veyor, dated June 6, 1983, and re- corded in the hereinafter mentioned Recorder's Office in Plan Book 45, Page 35, and designated at Lot #4 therein, and as is more particularly bounded and described as follows: BEGINNING at a railroad spike in the centerline of Township Road T-323 known as Walnut Dale Road at line of land now or formerly of Donald E. Gruver, thence along said ~~ 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 andlor 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. PuB>LicAT1oN ............................ .. ..... ... .~-~µ..~......................... COPY Sworn to and subscri ed efo me this 26th day of February 200'~77 pp,,~~LD~~~ SALE #43 COMMONWEALTH OF PENNSYLVAN Notarial Seal Terry L. M~ussel{, Ngq1i Public City Of HBfr~sburg, p~iin Courrty nnv rnm fission Er~ii June 6, 2010 Y CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013