Loading...
HomeMy WebLinkAbout06-6267PHELAN 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 142900 GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY 2300 BROOKSTONE CTR PKWY COLUMBUS, GA 31904 Plaintiff V. CLAYTON W. ANDERSON LYNN M. ANDERSON A/K/A LYNN M. SPICER 687 STATE STREET LEMOYNE, PA 17043 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.0 (c -- 4v Z/ 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 #: 142900 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 #: 142900 I . Plaintiff is GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY 2300 BROOKSTONE CTR PKWY COLUMBUS, GA 31904 The name(s) and last known address(es) of the Defendant(s) are: CLAYTON W. ANDERSON LYNN M. ANDERSON A/K/A LYNN M. SPICER 687 STATE STREET LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 07/29/1999 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 Book: 1563, Page: 1117. 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 07/01/2006 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 #: 142900 6. The following amounts are due on the mortgage: Principal Balance $55,914.93 Interest 2,140.32 06/01/2006 through 10/25/2006 (Per Diem $14.56) Attorney's Fees 1,325.00 Cumulative Late Charges 69.84 07/29/1999 to 10/25/2006 Cost of Suit and Title Search 550.00 Subtotal $ 60,000.09 Escrow Credit 0.00 Deficit 146.82 Subtotal 146.82 TOTAL $ 60,146.91 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 $ 60,146.91, together with interest from 10/25/2006 at the rate of $14.56 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. PHEL HALLINAN & SCHMIE ?,L By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 142900 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described as follows: BEING one-half of Lot No. 21 in the Plan of Lots known as Plan No. 2 of North Riverton, said Plan being recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book'X', Volume 5, Page 601; having a frontage on State Street (also known as Gettysburg Road) of 22.5 feet and extending, at an even width, 125 feet, more or less, to a twenty foot alley in the rear; being improved with one-half of a double frame dwelling house known and numbered as 687 State Street, Lemoyne, Pennsylvania. BEING the same premises which Harold S. Irwin and Paul E. Clouser, Administrators of the Estate of Oren S. Baker, by deed dated 11 July 1960 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book Y, Volume 19, Page 85, granted and conveyed unto J. Leonard Campbell and Rhoda Campbell, his wife. PROPERTY BEING: 687 STATE STREET File #: 142900 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 unswom falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ?? ?? -14 tri .....i .?..4A Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Greenpoint Mortgage Funding, Inc., f/k/a Headlands Mortgage Company vs. Clayton W. Anderson Lynn M. Anderson a,Wa Lynn M. Spicer Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 06-6267 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, Lynn M. Anderson a/k/a Lynn M. Spicer, by first class mail and certified mail to the mortgaged premises, 687 State Street, Lemoyne, PA 17043, and in support thereof avers the following: 1. Attempts to serve Defendant, Lynn M. Anderson a/k/a Lynn M. Spicer, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 687 State Street, Lemoyne, PA 17043. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as the Defendant moved and left no forwarding address. 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of November 21, 2006 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.P. By: Danie c , Esquire Attorney for Plaintiff Date: November 21, 2006 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Greenpoint Mortgage Funding, Inc., Fk/a Headlands Mortgage Company COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY NO. 06-6267 Clayton W. Anderson Lynn M. Anderson a/k/a Lynn M. Spicer MEMORANDUM OF LAW Pa. R.C.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.P. By: Daniel ;erg; E Attorney for Plaintiff Date: November 21, 2006 ? x k, A SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06267 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREENPOINT MORTGAGE FUNDING VS ANDERSON CLAYTON W ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ANDERSON LYNN M AKA LYNN M SPICER but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT SPICER , 687 STATE STREET , NOT FOUND , as to ANDERSON LYNN M AKA LYNN M LEMOYNE, PA 17043 DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge So answers- 6.00 .00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 11/06/2006 Sworn and Subscribed to before me this day of A. D. Exti,bif 8 FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 142900 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Clayton W. Anderson & Lynn Anderson Current Address: 687 State Street, Lemoyne, PA 17043 Property Address: 687 State Street, Lemoyne, PA 17043 Mailing Address: 687 State Street, Lemoyne, PA 17043 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Clayton W. Anderson - 208-52-0770 Lynn Anderson - 201-52-7953 B. EMPLOYMENT SEARCH Clayton W. Anderson & Lynn Anderson - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Clayton W. Anderson & Lynn Anderson reside(s) at: 687 State Street, Lemoyne, PA 17043. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Clayton W. Anderson & Lynn Anderson reside(s) at: 687 State Street, Lemoyne, PA 17043. On 11-16-06 our office made a telephone call to the subjects' phone number, (717) 737-4430 and received the following information: spoke with an unidentified male who confirmed both Clayton W. Anderson & Lynn Anderson reside(s) at: 687 State Street, Lemoyne, PA 17043. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 11-16-06 we reviewed the National Address database and found the following information: Clayton W. Anderson & Lynn Anderson- 687 State Street, Lemoyne, PA 17043. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. IV. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Clayton W. Anderson & Lynn Anderson. V. OTHER INQUIRIES A. DEATH RECORDS As of 11-16-06 Vital Records and all public databases have no death record on file for Clayton W. Anderson & Lynn Anderson. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Clayton W. Anderson & Lynn Anderson residing at: last registered address. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Clayton W. Anderson -10-07-1959 Lynn Anderson - 06-08-1967 B. A.K.A. Lynn M. Spicer * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I herby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unworn falsification to authorities. AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 16th day of November 2006. The above information is obtained from available public records kls and we are only liable for the cost of the affidavit. . M..,0 ARiAk SEAL V}N, ?' public P'L'AN F' C;p,:L blot city J Ph,taue Pnia' Phila. CoW1y mbe 2W6 M ?mmission EXPK? Deco VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Respectfully submitted, PhelpHallinan & Schmieg, By Daniel G. tchmiag, ,squire Attorney for Plaintiff Date: November 21, 2006 By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Greenpoint Mortgage Funding, Inc., f/k/a Headlands Mortgage Company Vs. Clayton W. Anderson Lynn M. Anderson a/k/a Lynn M. Spicer Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 06-6267 CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Clayton W. Anderson and Lynn M. Anderson a/k/a Lynn M. Spicer at: 687 State Street Lemoyne, PA 17043 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, By: G./Schmi , Esquire Date: November 21, 2006 :"G 3i PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION vs. CLAYTON W. ANDERSON LYNN M. ANDERSON Defendants CUMBERLAND County : No. 06-6267 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHM G, LLP By:_`Z??'?C.t? ?. FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: November 21, 2006 /jcs, Svc Dept. File# 142900 G CZ= -n r C co tit ? D DECO 1 200?f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Mortgage Funding, Inc., f/k/a Headlands Mortgage Company CIVIL DIVISION vs. NO. 06-6267 Clayton W. Anderson Lynn M. Anderson a/k/a : Lynn M. Spicer ORDER AND NOW, this y day of I , 2006, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all fixture pleadings on the above captioned Defendant, Lynn M. Anderson a/k/a Lynn M. Spicer, by: 1. First class mail to Lynn M. Anderson a/k/a Lynn M. Spicer at the mortgaged premises located at 687 State Street, Lemoyne, PA 17043; and 2. Certified mail to Lynn M. Anderson a/k/a Lynn M. Spicer at the mortgaged premises located at 687 State Street, Lemoyne, PA 17043. BY THE COURT: i fl4r Vi 1,N% 1" -]-,4 31 :Z lid ?- 330 9001 AMONC?Mllklodd 31411 JO 30H OD-091H PHELAN HALLINAN & SCHMIEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION VS. CLAYTON W. ANDERSON LYNN M. ANDERSON A/K/A LYNN M. SPICER : CUMBERLAND COUNTY : NO. 06-6267 Defendant(s) AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, LYNN M. ANDERSON A/K/A LYNN M. SPICER at 687 STATE STREET, LEMOYNE, PA 17043, on DECEMBER 11, 2006, in accordance with the Order of Court dated DECEMBER 4, 2006. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: December 11, •2 06 7&? ?- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff r ?' i.= A ; - CASE NO: 2006-06267 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENPOINT MORTGAGE FUNDING VS ANDERSON CLAYTON W ET AL BRIAN 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 ANDERSON CLAYTON W the DEFENDANT , at 2024:00 HOURS, on the 2nd day of November , 2006 at 687 STATE STREET LEMOYNE, PA 17043 CLAYTON ANDERSON by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 14.08 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 - 42.08%,/ 11/06/2006 ?a?c.4 JD` l PHELAN HALLINAN S)FHMI EG Sworn and Suhscibed to By: C before me this day Deputy Sheriff of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06267 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREENPOINT MORTGAGE FUNDING VS ANDERSON CLAYTON W ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ANDERSON LYNN M AKA LYNN M SPICER but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT -I ANDERSON LYNN M AKA LYNN M SPICER 687 STATE STREET LEMOYNE, PA 17043 DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So answers- Docketing 6.00 =;?-- Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00v-/ PHELAN HALLINAN SCHMIEG 11/06/2006 Sworn and Subscribed to before me this day 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 GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY 2300 BROOKSTONE CENTER PARKWAY COLUMBUS, GA 31904 Plaintiff, V. CUMBERLAND CO COURT OF COMM, CIVIL DIVISION NO. 06-6267 CIVIL CLAYTON W. ANDERSON LYNN M. ANDERSON, A/K/A LYNN M. SPICER Defendant(s). . PRAECIPE FOR IN REM JUDGMENT FOR FAILURE T( ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: PLEAS Kindly enter an in rem judgment in favor of the Plaintiff and against CLAYTON W. ANDERSON and LYNN M. ANDERSON, A/K/A LYNN M. SPICER, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for l; reclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 10/26/06 to 1/23/07 TOTAL $60,146.91 $1,310.40 $61,457.31 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, E Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 31. 20,07 PRO above, and 142900 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) 561-7000 GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Vs. CLAYTON W. ANDERSON LYNN M. ANDERSON A/K/A LYNN M. SPICER Defendants TO: CLAYTON W. ANDERSON 687 STATE STREET LEMOYNE, PA 17043 DATE OF NOTICE:.IANITARY 4, 2007 CUMBERLAND COUNTY NO. 06-6267 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THI NOTICE IS SENT TO YOU IN AN r ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT P OSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPO: ENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A D BT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN AI PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFI OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN '7 DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A 11 MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD, TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO' GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE 1 REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ES OR DAYS FROM THE ZING AND YOU HAVE A LAWYER, JU WITH YOU WITH AT A ` 171 r COP FRANCIS S. HALL AN, ESQUIRE Attorneys for Plainti.f 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) 561-7000 GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY Plaintiff Vs. CLAYTON W. ANDERSON LYNN M. ANDERSON A/K!A LYNN M. SPICER Defendants COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 06-6267 TO: LYNN M. ANDERSON A/K/A LYNN M. SPICER 687 STATE STREET LEMOYNE, PA 17043 DATE OF NOTICE: JANUARY 4,200? THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED FU OSE.IF YOU HAVE INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRES SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE TH.[ NOTICE IS SENT TO TO HEREIN, AND ANY P0dBT, ENCE IS NOT AND BUT ONLY AS YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN Al PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEF: OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN I DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A I= MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO' GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE " INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE I REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 Cop, FRANCIS S. Attorneys for EARANCE dSES OR N DAYS FROM THE ARING AND YOU VE A LAWYER, WITH YOU WITH AT A gjLr,? -, AN, ESQUIRE PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAIN IFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY CUMBERLAND COU TY 2300 BROOKSTONE CENTER PARKWAY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. NO. 06-6267 CIVIL TE M CLAYTON W. ANDERSON LYNN M. ANDERSON, A/K/A LYNN M. SPICER Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attome for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge o the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service o the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Rel of Act of Congress of 1940, as amended. (b) that defendant CLAYTON W. ANDERSON is over 18 years of la ge and resides at, 687 STATE STREET, LEMOYNE, PA 17043. (c) that defendant LYNN M. ANDERSON, A/K/A LYNN M. SPIC R is over 18 years of age, and resides at, 687 STATE STREET, LEMOYNE, PA 17040. This statement is made subject to the penalties of 18 Pa. C.S. Section 904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQ 7 Attorney for Plaintiff :-r (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION - LAW GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY CUMBERLAND CO 2300 BROOKSTONE CENTER PARKWAY COURT OF COMM, CIVIL DIVISION Plaintiff, V. NO. 06-6267 CIVIL CLAYTON W. ANDERSON . LYNN M. ANDERSON, A/K/A LYNN M. SPICER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered age 3 1 200 By: If you have any questions concerning this matter, please contact: ;-_x 16 YLVANIA PLEAS you on DANIEL G. SCHMIEG, ES(hUI E Attorney for Plaintiff ONE PENN CENTER AT SUBUF' AN STATION 1617 JOHN F. KENNEDY BLVD., UITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY V FORMATION 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 ENFORCE ENT OF A LIEN AGAINST PROPERTY." k c c 0 4-00a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Mortgage Funding, Inc., f/k/a Headlands Mortgage Company CIVIL DIVISION VS. NO. 06-6267 Clayton W. Anderson Lynn M. Anderson a/k/a Lynn M. Spicer ORDER AND NOW, this 144' day of 1 L, e rv1- ?t..1 , 2006,1 consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is ereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendant, Lynn M. Andersen a/k/a Lynn M. Spicer, by: 1. First class mail to Lynn M. Anderson a/k/a Lynn M. Spicer at the premises located at 687 State Street, Lemoyne, PA 17043; and 2. Certified mail to Lynn M. Anderson a/k/a Lynn M. Spicer at the r premises located at 687 State Street, Lemoyne, PA 17043. BY THE COURT: TRW GPPY FROM R J. the wvftere?f I unto set", cf saw 'arflsw,1 P& ,r 1--,. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FO P.R.C.P. 3180-3183 GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY Plaintiff, V. No. 06-6267 CIVIL CLAYTON W. ANDERSON LYNN M. ANDERSON, A/K/A LYNN M. SPICER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 1/23/07 to 6/13/07 (per diem -$10.42) TOTAL $61,457.31 $1,469.22 and $64,627.53 c I 1 k OSURE) DANIEL G. SCCHMIEG, ESQVU?RE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite I Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction f the plaintiff. It may not be sold in the absence of a represe tative of the plaintiff at the Sheriff's Sale. The sale must be poi poned or stayed in the event that a representative of the plaintiff is not present at the sale. 142900 d d x W? A H ow ?? Ndw o? ono 0 0 '? v V 4a E ?W W N ?v ?v I O W eA) J7 'ZO p? dA ? U d V w L? V ? V y v y w v y r V y ? V V y O o ^va 1 a O *pf w M O r„ d d? W? p0 as ?, W W .y r ? d c? o ?+ ? o cu i 3 C-i 4 ?s U AV' .--4 DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate it the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described as follows: BEING one-half of Lot No. 21 in the Plan of Lots known as Plan No. 2 of North Rivert n, said Plan being recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book X', Volume 5, Page 601; having a frontage on State Street (also known as Gettysburg Road) of 22.5 feet an extending, at an even width, 125 feet, more or less, to a twenty foot alley in the rear; being improved wi one-half of a double frame dwelling house known and numbered as 687 State Street, Lemoyne, Penn ylvania. BEING the same premises which Harold S. Irwin and Paul E. Clouser, Administrators Oren S. Baker, by deed dated 11 July 1960 and recorded in the Office of the Recorder Cumberland County, Pennsylvania, in Deed Book Y, Volume 19, Page 85, granted and Leonard Campbell and Rhoda Campbell, his wife. The said Leonard Campbell predec Campbell on whereby title vested in Rhoda Campbell as the sn the entireties. PARCEL IDENTIFICATION NO: 12-21-0267-302 Control #: 12000897 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Clayton W. Anderson and Lynn M. i Deed from Rhoda Campbell, widow, dated 07/29/1999, recorded 08/13/1999, in 889. 'the Estate of Deeds in and for ,nveyed unto J. ?ed Rhode iving tenant by on, his wife, by Book 205, page WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6267 Civil CIVIL ACTT - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GREENPOINT MORTGAGE FUNDING, NC., F/K/A HEADLANDS MORTGAGE COMPANY, Plaintiff (s) From CLAYTON W. ANDERSON AND LYNN M. ANDERSON, AIK/A LYNN M. SP CER (1) You are directed to leery 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 poss ssion of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enj fined from paying any debt to or for the account of the defendant (s) and from delivering any property of th defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the poss ssion of anyone other than a named garnishee, you are directed to notify him/her that he/she has been ded as a garnishee and is enjoined as above stated. Amount Due $61,457.31 L.L. $30 Interest FROM 1/23/07 TO 6/13/07 (PER DIEM - $10.42) - $1,469.22 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $145.08 Other Costs Plaintiff Paid Date: JANUARY 31, 2007 R. Long, (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 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 By: Deputy 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 GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY Plaintiff, V. CLAYTON W. ANDERSON LYNN M. ANDERSON, A/K/A LYNN M. SPICER Defendant(s). ATTORNEY FOR CUMBERLAND COUN COURT OF COMMON CIVIL DIVISION NO. 06-6267 CIVIL CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attor the above-captioned matter, and that the premises are not subject to the provisions 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 rela falsification to authorities. DANIEL G. SCHMIEG, Attorney for Plaintiff for the Plaintiff in act 91 to unsworn r-., °, _ -- --,s ?_ ---a ? P J . - ?1 ?..? "'?. GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY CUMBERLAND CO Plaintiff, COURT OF COMMON V. CIVIL DIVISION CLAYTON W. ANDERSON . LYNN M. ANDERSON, A/K/A LYNN M. SPICER NO. 06-6267 CIVIL TEI Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) GREENPOINT MORTGAGE FUNDING INC. F/K/A HEADLANDS MORT AGE COMPANY, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG., SQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following iri rmation concerning the real property located at 687 STATE STREET LEMOYNE PA 17 )43. 1. Name and address of Owner(s) or reputed Owner(s): Name CLAYTON W. ANDERSON LYNN M. ANDERSON, A/K/A LYNN M. SPICER Last Known Address (if address caj reasonably ascertained, please indic 687 STATE STREET LEMOYNE, PA 17043 687 STATE STREET LEMOYNE, PA 17043 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 property to be sold: Name Last Known Address (if address c, reasonably ascertained, please indi be e) lien on the real be None „4. Name and address of last recorded holder of every mortgage of record: A Name Last Known Address (if address reasonably ascertained, please it None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address reasonably ascertained, please it 665 Market Street Borough of Lemoyne Lemoyne, PA 17043 6. Name and address of every other person who has any record interest in the pro] interest may be affected by the sale. Name None Last Known Address (if address cz reasonably ascertained, please indi 7. Name and address of every other person of whom the plaintiff has knowledge the property which may be affected by the sale: Name Last Known Address (if address reasonably ascertained, please it Tenant/Occupant 687 STATE STREET LEMOYNE, PA 17043 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Square Dept. #280601 Harrisburg, PA 17128 Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 ate) be be and whose be has any interest in be TPL Casualty Unit P.O. Box 8486 Estate Recovery Program Willow Oak Building Harrisburg, PA 17105-8486 I verify that the statements made in this affidavit are true and correct to the best knowledge or information and belief. I understand that false statements herein are ma penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to a orities. ` . January 23, 2007 DATE DANIEL G. SCHMIEG, ES IRE my personal subject to the Attorney for Plaintiff .'? [ `3 ' C 1? ?.. ,i.._ t, zi 1_ ~. i GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY Plaintiff, V. CLAYTON W. ANDERSON LYNN M. ANDERSON, A/K/A LYNN M. SPICER Defendant(s). CUMBERLAND No. 06-6267 CIVIL January 23, 2007 TO: CLAYTON W. ANDERSON 687 STATE STREET LEMOYNE, PA 17043 LYNN M. ANDERSON, A/K/A LYNN M. SPICER 687 STATE STREET LEMOYNE, PA 17043 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY FORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A D SCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE ONSTR UED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPS TY. * * Your house (real estate) at, 687 STATE STREET, LEMOYNE, PA 17043: sold at the Sheriffs Sale on 6/13/07 at 10:00 a.m. in the Cumberland County Courtho Street, Carlisle, PA 17013, to enforce the court judgment of $61,457.31 obtained by ( MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPAN against you. In the event the sale is continued, an announcement will be made at said 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 payn costs and reasonable attorney's fees due. To find out how much you call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to judgment, if the judgment was improperly entered. You may also ask t: postpone the sale for good cause. s scheduled to be ise, South Hanover REENPOINT (the mortgagee) le in compliance late charges, pay, you may rike or open the Court to 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 on the more chance you will have of stopping the sale. (See notice on page two on how to obtain an att rney.) 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 highe t 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 as grossly inadequate compared to the value of your property. I 3. The sale will go through only if the buyer pays the Sheriff the full amount ldue 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 remai 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 p 4d to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal pro eedings to evict you. 6. You may be entitled to a share of the money which was paid for your hous . A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 da of the sale. This schedule will state who will be receiving that money. The money will be paid out in ccordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are led 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 lback, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YO DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE O TCE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. in the absence of a representative of the plaintiff at the Sheriffs Sale. The postponed or stayed in the event that a representative of the plaintiff is not CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 must be ant at the sale. DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate i? the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described as follows: BEING one-half of Lot No. 21 in the Plan of Lots known as Plan No. 2 of North Rivert n, said Plan being recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book'X', Volume 5, Page 601; having a frontage on State Street (also known as Gettysburg Road) of 22.5 feet an extending, at an even width, 125 feet, more or less, to a twenty foot alley in the rear; being improved wi h one-half of a double frame dwelling house known and numbered as 687 State Street, Lemoyne, Pen sylvania. BEING the same premises which Harold S. Irwin and Paul E. Clouser, Administrators Oren S. Baker, by deed dated 11 July 1960 and recorded in the Office of the Recorder Cumberland County, Pennsylvania, in Deed Book Y, Volume 19, Page 85, granted and Leonard Campbell and Rhoda Campbell, his wife. The said Leonard Campbell predece Campbell on whereby title vested in Rhoda Campbell as the sui the entireties. PARCEL IDENTIFICATION NO: 12-21-0267-302 Control #: 12000897 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Clayton W. Anderson and Lynn M. Deed from Rhoda Campbell, widow, dated 07/29/1999, recorded 08/13/1999, in 889. of the Estate of 1 Deeds in and for yed unto J. Rhode ig tenant by on, his wife, by Book 205, page r-- ; '`-= ?-, r-; _? c.._. •-t _ --; c ? ___ _ `?- , `. , _i ice- AFFIDAVIT OF SERVICE PLAINTIFF GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY DEFENDANT(S) CLAYTON W. ANDERSON LYNN M. ANDERSON, A/K/A LYNN M. SPICER SERVE CLAYTON W. ANDERSON AT 687 STATE STREET LEMOYNE, PA 17043 SERVED CUMBERLAND COUNTY No. 06-6267 CIVIL TERM ACCT. #0071662076 Type of Action f HSi l v q6 o - Notice of Sheriff's Sale Sale Date: 6/13/07 Served and made known to C 1 \1 -4 Q V\ W, AKd et*--7 , Defendant, on the day of rebwtzany , 200 , at, o'clocktp.m., at G .S i e T11, , Commonwealth of Pennsylvania, in the manner described below: sy ? 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: Descri tion: Age40 -5-0 Height A lZ ?I Weight Z 70 Race _? Sex ?1 Other I, Q y d 14 b 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. Sworn to and subsc ' ed e this day a 20 ` otary: S Al ` State ci Mew Jersey pATRIC1A E. HARRIS Commission EVp ",kris 16, 2008 On the day of By: .0 Cwd? . LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED 200, at Moved Unknown No Answer 1" 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 o'clock _.m., Defendant NOT FOUND because: Vacant 2°d Attempt: / / Time: / q F C- C= Zi- 40 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Greenpoint Mortgage Funding, Inc., F/K/A Headlands Mortgage Company Plaintiff VS. Clayton W. Anderson Lynn M. Anderson A/K/A Lynn M. Spicer Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 06-6267 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 October 26, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A" 2. Judgment was entered on January 31, 2007 in the amount of $61,457.31. 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 Sheriff s Sale on June 13, 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 $55,914.93 Interest Through 6/13/07 5,414.42 Per Diem $14.36 Late Charges 69.84 Legal fees 1,325.00 Cost of Suit and Title 851.28 Sheriffs Sale Costs 0.00 Property Inspections 667.91 Appraisal/Brokers Price Opinioin 0.00 Mortgage Ins. Premium/Private 120.75 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 338.84 TOTAL $64,702.97 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. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on May 3, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that Judge Hess entered an order granting Plaintiff s Motion for Special Services dated December 4, 2006. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallihan &_Schmieg, LLP Date: Attorney for PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Greenpoint Mortgage Funding, Inc., F/K/A Headlands Mortgage Company Plaintiff vs. Clayton W. Anderson Lynn M. Anderson A/K/A Lynn M. Spicer Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County : No. 06-6267 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. 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 687 State Street, Lemoyne, PA 17043. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, 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 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. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. 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. V. 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 a slviYab and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. 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. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: S la)? llinan c ieg, LLP M e Mi hel M. r fo , quire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62.695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 142900 GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY 2300 BROOKSTONE CTR PKWY COLUMBUS, GA 31904 Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM 0,.-,L 11--?' NO. d C. -&0'24-7 CUMBERLAND COUNTY CLAYTON W. ANDERSON LYNN M. ANDERSON A/K/A LYNN M. SPICER 687 STATE STREET LEMOYNE, PA 17043 r.' C. C: C= Defendants rT j' CIVIL ACTION - LAW =-" o COMPLAINT IN MORTGAGE FORECLOSURE NOTICE rn .?- You have been sued in court. If you wish to defend against the claims set forth in the follow ir 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 tie hereby certify tI , within to be a true and correct copy of the riginai filed. of record File 4: 142900 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id_ No. 32227 FRANCIS S. H.ALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 142900 GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY 2300 BROOKSTONE CTR PKWY COLUMBUS. GA 31904 Plaintiff v. CLAYTON W. ANDERSON LYNN M. ANDERSON A/K/A LYNN M. SPICER 687 STATE STREET LEMOYNE, PA 17043 Defendants 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 14IRING 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 ? hj wz a? 9 S } File 1421W AI IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THA'I': 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; OTHERMSE, 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 EFFOR'T'S (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 n: 142900 I. Plaintiff is GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY 2300 BROOKSTONE CTR PKWY COLUMBUS, GA 31904 2. The name(s) and last known address(es) of the Defendant(s) are: CLAYTON W. ANDERSON LYNN M. ANDERSON A/K/A LYNN M. SPTCER 687 STATE STREET LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/29/I999 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 Book. 1563, Page: 1117. 4. The premises subject to said mortgage is described as attached. S. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2006 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. Fite 142900 The following amounts are due on the mortgage: Principal Balance $55,914.93 Interest 2,140.32 06/01/2006 through 10/25/2006 (Per Diem $14.56) Attorney's Fees 1,325.00 Cumulative Late Charges 69.84 07/29/1999 to 10/25/2006 Cost of Suit and Title Search $550.00 Subtotal $ 60,000.09 Escrow Credit 0.00 Deficit 146.82 Subtotal 146.82 TOTAL $ 60,146.91 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 attorneys 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 $ 60,146.91, together with interest from 10/25/2006 at the rate of $14.56 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. "Zt PHEI: HALLINAN & SCHMIE L . ,/y' By: !s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff U'de p. 142900 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described as follows: BEING one-half of Lot No. 21 in the Plan of Lots known as Plan No. 2 of North Riverton, said Plan being recorded in the Ogee of the Recorder of Deeds for Cumberland County in Deed Book X, Volume 5, Page 601; having a frontage on State Street (also luiown as Gettysburg Road) of 22.5 feet and extending, at an even width, 125 feet, more or less, to a twenty foot alley in the rear;, being improved with one-half of a double frame dwelling house known and numbered as 687 State Street, Lemoyne, Pennsylvania. BEING the same premises which Harold S. Irwin and Paul E. Clouser, Administrators of the Estate of Oren S. Baker, by deed dated I 1 July 1950 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book Y, Volume 19, Page 85, granted and conveyed unto J. Leonard Campbell and Rhoda Campbell, his wife. PROPERTY BEING: 687 STATE STREET File a: 1:12900 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By_ DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GREENPOINT MORTGAGE FUNDING, INC., FIK/A HEADLANDS MORTGAGE COMPANY 2300 BROOKSTONE CZNrI'ER PARKWAY COLUMBUS, GA-3 CLAYTON W. ANDERSON LYNN-M. ANDERSON,A/K/A LYNN M. SPICER Defendant(s). CUMBERLAND COUNTY COURT OF COMIY ON PLEAS C - C OUT. Zr W67 CIVIL T ., a -? IT -:;? 77 r . ?? (" 1• i fit L `? 1 . -i n _x PRAECIPE FOR IN REM JUDGMENT FOR. FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: X, 0-0 Kindly enter an in rem judgment in favor of the Plaints &* *i7 against CLAYTON W. ANDERSON and LYNN M. ANDERSON, AXIA. LYNN M. SPICER, Defendant(s) for failure to file an Answer to of the TOTAL Complaint within 20 days from service thereof and for Foreclosure and Sale and assess Plaintiffs damages as follows: )rth in Complaint from 10/26106 to 1/23/07 $60,146.91 $1,310.40 $61,45731 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. C IMIEG, ESQ Attorney for Plaintiff 'Y r. DAMAGES ARNH$Y ASSESSED AS INDICATE ~ -:4''''?` DATE: PRO PROTHY 142900 E xhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey May 3, 2007 Clayton W. Anderson Lynn M. Anderson A/K/A Lynn M. Spicer 687 State Street Lemoyne, PA 17043 RE: Greenpoint Mortgage Funding, Inc., F/K/A Headlands Mortgage Company vs. Clayton W. Anderson and Lynn M. Anderson A/K/A Lynn M. Spicer Premises Address: 687 State Street, Lemoyne, PA 17043 Cumberland County CCP, No. 06-6267 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within five days, by Tuesday, May 8, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Tch ly yours, ra or ui e For Phelan Hallinan & Schmieg, LLP Enclosure ao r .t+ W ?r r 11 CA o ht?yS^ M to "g 1 O A ? Af " b a N HMO r r. ? +J M o. Fn"?. ero ?a A ? Q Q ? ? oG d m ? p oro En b o H ? a m I I ? 1 ` 4?.? PQS?. ? ,fro pfrfar ROWE5 a • 02 1M 0004218010 MAN 03 2007 . MAILED FROM ZIP CODE 19103 d W 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: Phelan Hallinan & Schmieg, LLP By: PMfiche e r f squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Greenpoint Mortgage Funding, Inc., F/K/A : Court of Common Pleas Headlands Mortgage Company Plaintiff : Civil Division vs. : Cumberland County Clayton W. Anderson No. 06-6267 Lynn M. Anderson A/K/A Lynn M. Spicer Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. Clayton W. Anderson Lynn M. Anderson A/K/A Lynn M. Spicer 687 State Street Lemoyne, PA 17043 DATE: l7 Attorney for Plaintiff c - .? ? ? f _ ._?? „ ___. --? __ -. ..? r-=, _:-t ,.. --- ;, ui ?- _:r?; .. _.._'j a a- t. .t• MAY 16 2007 #s ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Greenpoint Mortgage Funding, Inc., F/K/A Headlands Mortgage Company Plaintiff vs. Clayton W. Anderson Lynn M. Anderson A/K/A Lynn M. Spicer Defendants Court of Common Pleas : Civil Division : Cumberland County : No. 06-6267 RULE AND NOW, this day of A, 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. 2,6 dAIJ .4 C' 'rAf' ?? Rule Returnable rR°'"L BY Z?'O URT Miche M. Bradford, Esquire an Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele. bradford(d-fedphe. corn q ayton W. Anderson Lynn M. Anderson A/K/ 687 State Street Lemoyne, PA 17043 J. M. Spicer 142900 j 1 n C +tJ l-`( 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 Greenpoint Mortgage Funding, Inc., Court of Common Pleas F/K/A Headlands Mortgage Company Plaintiff Civil Division vs. Cumberland County Clayton W. Anderson No. 06-6267 Lynn M. Anderson A/K/A Lynn M. Spicer Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of June 14, 2007 was sent to the following individual on the date indicated below. Clayton W. Anderson Lynn M. Anderson A/K/A Lynn M. Spicer 687 State Street Lemoyne, PA 17043 & DATE: LLP Attorney for Plaintiff ors ? ? rn a 0- r a 4 SALE DATE: 6/13/07 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE No.: 06-6267 CIVIL TERM COMPANY VS. CLAYTON W. ANDERSON LYNN M. ANDERSON, A/K/A LYNN M. SPICER 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: 687 STATE STREET, LEMOYNE, PA 17043. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, Attorney for Plaintiff June 1, 2007 w s 0 i 6 4 9000 Niz WONJ ogli tw L OOZ 91 83) 0 WS M7000 OWN $ VU z o 53A710H A3Nlld e ? a w W x a ,? w ?b ? ? U ? .- ? TO n. O.O.-. O-. zoo w U N ww, N H o ? w 7 x E-. o ? O r M ? H H U W A A F4 d w ? U 0 p w c a a Z Q U z b ? O 0 a ? o z L d ?c G 7 tit', O F+? Li 7 M Fy ? a o am F+ G . E' y n ?, rrV??l a o wl o x O ?; 0 w 00 C4 kn H H u 34 ?? 00 • azn is ? ? A O ? ° o vl 12a v W w It wl 6 P .? L y A O. G'N 0. N vi 'b A N t0 7 u ? ? E C _ ? N y o F .C .? K c 8 Ls7 N V O O C g ?' E ._ e y C?C N F M ua'x `? w y o Y3?g ai o a u ? ?w ? O VVV ? 7 N p T C o o c w ? N O ti O ? ? 'd ? ? A E b ? s ? or ?? o o O` H $ h +r. CL d ? A G Q w o U a aW L x v a. 0 0?1 Q v 3 j y Q O O Z > ? ? w V H? v A ? u F O T y ? P N z cn ?* 00 rn ° = Fa r _ N_ C `l7 ! G? C- r n •' c. {,f. r Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY Plaintiff, V. CLAYTON W. ANDERSON LYNN M. ANDERSON A/K/A LYNN M. SPICER Defendant(s). Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6267 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to LYNN M. ANDERSON A/K/A LYNN M. SPICER on FEBRUARY 16, 2007 at 687 STATE STREET, LEMOYNE, PA 17043 in accordance with the Order of Court dated DECEMBER 4, 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. I4AL LINAN & SCHMIEG, LLP By: HMIEGG ESQUIRE Dated: June 4, 2007 3901 9849 6941 71% TO: LYNN M. ANDERSON, AJYJA LYNN M. SPICER 687 STATE STREET LEMOYNE, PA 17043 i 1 SENDER: TEAM 4 - KXL } REFERENCE:142900 i 1 PS Forth 3800 Jana 2005 Postage j RETURN i RECEIPT Cerl A)d Fee SERVICE Retum Reoeipt Fee j Resirided Delivery Total Postage & Fees c RK OR DATE uS POSW Servim `? . Receipt for *` Certified Mail 4 1 No umm w:e Coverage Provided M? , l1SP ij Do w use for wmnatww ma Dec Q 4006 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Mortgage Funding, Inc., f/k/a Headlands Mortgage Company vs. Clayton W. Anderson Lynn M. Anderson a/k/a Lynn M. Spicer CIVIL DIVISION NO. 06-6267 ORDER AND NOW, this /4-(ft' day of e `vy ?t, , 2006, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is,GRANTED. It is further ORDERED and DEaCREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendant, Lynn M. Anderson a/k/a Lynn M. Spicer, by: 1. First class mail to Lynn M. Anderson a/k/a Lynn M. Spicer at the mortgaged premises located at 687 State Street, Lemoyne, PA 17043; and 2. Certified mail to Lynn M. Anderson a/k/a Lynn M. Spicer at the mortgaged premises located at 687 State Street, Lemoyne, PA 17043. BY THE COURT: 0 the :)PY FROM RED ?rl?reef 1 '? ^? -, xtlt0 set Stw r! `arf cpjL .'°?"?10, ? .'C.o J 'C7 1 i1 f _.) Fj- PHELAN HALLINAN & SCH IEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Greenpoint Mortgage Funding, Inc., F/K/A Headlands Mortgage Company Plaintiff ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division VS. Cumberland County Clayton W. Anderson Lynn M. Anderson No. 06-6267 A/K/A Lynn M. Spicer Defendants MOTION TO MAKE RULE ABSOLUTE Greenpoint Mortgage Funding, Inc., F/K/A Headlands Mortgage Company, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on May 15, 2007. 3. A Rule was entered by the Court on or about May 18, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on May 25, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of June 14, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP i r Date liifcce4leMn df d, squire Attorney for the Plaintiff PHELAN HALLINAN & SCB IIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Greenpoint Mortgage Funding, Inc., F/K/A Headlands Mortgage Company Plaintiff VS. Clayton W. Anderson Lynn M. Anderson A/K/A Lynn M. Spicer Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 06-6267 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on May 15, 2007. A Rule was entered by the Court on or about May 18, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on May 25, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of June 14, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess l ?k Date SCHMIEG, LLP Attorney for the Exhibit "A" MAY 18 2007 A'`/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Greenpoint Mortgage Funding, Inc., F/K/A Headlands Mortgage Company Plaintiff : Court of Common Pleas : Civil Division vs. Clayton W. Anderson Lynn M. Anderson A/K/A Lynn M. Spicer Defendants AND NOW, this 4 4?4 day of to show cause why an Order should not be : Cumberland County : No. 06-6267 E 2007, a Rule is entered upon the Defendants granting Plaintiff's Motion to Reassess Damages. O g Q??e ?, se Rv ? C?° • ?. y Rule Returnable-- ,-at tho 8ift- Ge"FtFeem of the GVffihW4 el Carlisle, Irenn BY THE OURT o I A) J. Michele M. Bradford, Esquire Clayton W. Anderson Phelan Hallman do Schmieg, LLP Lynn M. Anderson AWA Lynn M. Spicer 1617 JFK Boulevard, Suite 1400 687 State Street Philadelphia, PA 19103 Lemoyne, PA 17043 TEL: (215) 563-7000 FAX: (215) 563-3459 michdr ,corn 142900 Exhibit "B" o d p am! Z 7: ' - C -- F- z r tta W pp n 'Y1 _ 5;; 0 L -TI m Lm c3 PHELAN HALLINAN & SCH IIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 awcc ` Greenpoint Mortgage Funding, In F/K/A Headlands Mortgage Company Plaintiff VS. Clayton W. Anderson Lynn M. Anderson A/K/A Lynn M. Spicer Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division Cumberland County No. 06-6267 CERTIFICATION O VICE I hereby certify that a true and correct of ofir Motion to Reassess Damages noting a Rule Return date of June 14, 2007 was `following individual on the date indicated below. Clayton W. Anderson Lynn M. Anderson A/K/A Lynn M. Spicer 687 State Street Lemoyne, PA 17043 & Pc*ieg, LLP DATE: Attorney for Plaintiff 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 Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn r ` U t Date of authorities. Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Greenpoint Mortgage Funding, Inc., F/K/A Headlands Mortgage Company Plaintiff ATTORNEY FOR PLAINTIFF : Court of Common Pleas Civil Division VS. Cumberland County Clayton W. Anderson Lynn M. Anderson No. 06-6267 A/K/A Lynn M. Spicer Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. Clayton W. Anderson Lynn M. Anderson A/K/A Lynn M. Spicer 687 State Street Lemoyne, PA 17043 DATE: P MHi rrad uire q Attorney for Plaintiff (`1 w c-? Cw' R:? ,?'' ?. ,. „ ? ? ?T t " p 1 ¢{ t: ?"? y} j i V i ? T ? `;? ?; .. ? ,... _ `' '?• .t C..jl ?-G "'? ?z'I "w Juri $72007pW IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Mortgage Funding, Inc., Court of Common Pleas F/K/A Headlands Mortgage Company Plaintiff Civil Division VS. Cumberland County Clayton W. Anderson Lynn M. Anderson No. 06-6267 A/K/A Lynn M. Spicer Defendants ORDER AND NOW, this ? ` day of ! /? , 2007, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the writ of execution nunc pro tunc as follows: Principal Balance Interest Through 6/13/07 Per Diem $14.36 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/Brokers Price Opinion Mortgage Ins. Premium/Private Mortgage Ins. NSF (Non-Sufficient Funds charge) $55,914.93 5,414.42 69.84 1,325.00 851.28 0.00 61.50 0.00 120.75 0.00 Fill Ry 2007 [J- 4 t •4r??r - "A I-;r Suspense/Misc. Credits Escrow Deficit TOTAL 0.00 338.84 $64,702.97 Plus interest from 6/13/07 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. 142900 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 Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 11th day of July A.D., 2007, under and by virtue of a writ Execution issued on the 31 st day of jan, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 6267, at the suit of Greenpoint Mtg Funding Inc against Clayton W Anderson & Lynn M aka Lynn M Spicer is duly recorded in Deed Book No. 281, Page 161. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. a ozq? .? 1,12 Deeds D" CwnboWd Ca", CM6. PA Non Eon #* Flat *r4q atJ1.=0 ? 1 t Greenpoint Mortgage Funding, Inc. f/k/a In the Court of Common Pleas of Headlands Mortgage Company Cumberland County, Pennsylvania VS Writ No. 2006-6267 Civil Term Clayton W. Anderson and Lynn M. Anderson a/k/a Lynn M. Spicer Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 20, 2007 at 1915 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: Clayton W. Anderson, by making known unto Clayton Anderson personally, at 687 State St., Lemoyne, PA 17043, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the within Real Estate Writ, Notice of Sale and Description, in the above entitled action, upon the within named defendant to wit: Lynn M. Anderson, by certified mail, return receipt requested, at 687 State Street, Lemoyne, PA 17043, pursuant to order of court. This letter was received by defendant, Lynn M. Anderson, on February 16, 2007. The return receipt card was returned to the Sheriffs Office with an unreadable signature. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 0916 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 Clayton W. Anderson and Lynn M. Anderson a/k/a Lynn M. Spicer located at 687 State Street, Lemoyne, 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: Clayton W. Anderson and Lynn M. Anderson a/k/a Lynn M. Spicer, by regular mail to their last known address of 687 State Street, Lemoyne, PA 17043. These letters were mailed under the date of April 3, 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 July 11, 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 Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation, of Foreclosure Unit, Mail Stop 61, P.O. Box 5000, Vienna, VA 22183-5000, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,035.33. Sheriffs Costs: Docketing $30.00 Poundage 20.30 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 28.80 Certified Mail 4.64 Levy 15.00 Surcharge 30.00 Post Pone Sale 20.00 Law Journal 365.00 Patriot News 350.42 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 40.50 $ 1035.33 ? So An .?i? ,. R. Thomas Kline, Sheriff BYJOCWN y/61/a, ? TO 413. G? GRFENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION CLAYTON W. ANDERSON LYNN M. ANDERSON, A/K/A LYNN M. SPICER NO. 06-6267 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY, 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,687 STATE STREET, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CLAYTON W. ANDERSON LYNN M. ANDERSON, A/K/A LYNN M. SPICER 687 STATE STREET LEMOYNE, PA 17043 687 STATE STREET LEMOYNE, PA 17043 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) 665 Market Street Borough of Lemoyne Lemoyne, PA 17043 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 Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 687 STATE STREET LEMOYNE, PA 17043 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Square Dept. #280601 Harrisburg, PA 17128 Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 TPL Casualty Unit P.O. Box 8486 Estate Recovery Program Willow Oak Building Harrisburg, PA 17105-8486 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 a rities. t + January 23, 2007 DATE DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff s GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY Plaintiff, V. CLAYTON W. ANDERSON LYNN M. ANDERSON, A/K/A LYNN M. SPICER Defendant(s). January 23, 2007 TO: CLAYTON W. ANDERSON 687 STATE STREET LEMOYNE, PA 17043 CUMBERLAND COUNTY No. 06-6267 CIVIL TERM LYNN M. ANDERSON, A/K/A LYNN M. SPICER 687 STATE STREET LEMOYNE, PA 17043 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 687 STATE STREET, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriff s Sale on 6/13/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $61,457.31 obtained by GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY (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. 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 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 DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described as follows: BEING one-half of Lot No. 21 in the Plan of Lots known as Plan No. 2 of North Riverton, said Plan being recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book IX', Volume 5, Page 601; having a frontage on State Street (also known as Gettysburg Road) of 22.5 feet and extending, at an even width, 125 feet, more or less, to a twenty foot alley in the rear; being improved with one-half of a double frame dwelling house known and numbered as 687 State Street, Lemoyne, Pennsylvania. BEING the same premises which Harold S. Irwin and Paul E. Clouser, Administrators of the Estate of Oren S. Baker, by deed dated 11 July 1960 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book Y, Volume 19, Page 85, granted and conveyed unto J. Leonard Campbell and Rhoda Campbell, his wife. The said Leonard Campbell predeceased Rhode Campbell on whereby title vested in Rhoda Campbell as the surviving tenant by the entireties. PARCEL IDENTIFICATION NO: 12-21-0267-302 Control #: 12000897 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Clayton W. Anderson and Lynn M. Anderson, his wife, by Deed from Rhoda Campbell, widow, dated 07/29/1999, recorded 08/13/1999, in Deed Book 205, page 889. . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6267 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY, Plaintiff (s) From CLAYTON W. ANDERSON AND LYNN M. ANDERSON, A/K/A LYNN M. SPICER (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 $61,457.31 L.L. $.50 Interest FROM 1/23/07 TO 6/13/07 (PER DIEM - $10.42) - $1,469.22 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $145.08 Other Costs Plaintiff Paid Date: JANUARY 31, 2007 Curti A. Lon*Protary (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 Real Estate Sale # 23 On February 13, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA Known and numbered as 687 State Street, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 13, 2007 By: \\j iJrvu Real Estate Sergeant 0 0 :01 ",, Z I QUJ L66Z 0 A? PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 20, 27 & May 4, 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. Coyne, SWORN TO AND SUBSCRIBED before me this 4 day of MU, 2007 NCTA'R!j^'i_ SEAL " LOIS E. SiNYDEAR, Notary Public Carlic-i^ Soi'o, Curnaetl?rm d Cowniy My Cun;riission E;q..i es March 5, 2,,J REAL ESTATE BALE NO. 23 Writ No. 2006-6267 Civil Greenpoint Mortgage Funding, Inc. f/k/a Headlands Mortgage Company vs. Clayton W. Anderson and Lynn M. Anderson a/k/a Lynn M. Spicer Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and de- scribed as follows: BEING one-half of Lot No. 21 in the Plan of Lots known as Plan No. 2 of North Riverton, said Plan being recorded in the Office of the Re- corder of Deeds for Cumberland County in Deed Book `X', Volume 5, Page 601; having a frontage on State Street (also known as Gettysburg Road) of 22.5 feet and extending, at an even width, 125 feet, more or less, to a twenty foot alley in the rear; being improved with one-half of a double frame dwelling house known and numbered as 687 State Street, Lemoyne, Pennsylvania. BEING the same premises which Harold S. Irwin and Paul E. Clouser, Administrators of the Estate of Oren S. Baker, by deed dated 11 July 1960 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book Y, Volume 19, Page 85, granted and conveyed unto J. Leonard Campbell and Rhoda Campbell, his wife. The said Leonard Campbell predeceased Rhode Campbell on whereby title vested in Rhoda Campbell as the surviving tenant by the entireties. PARCEL IDENTIFICATION NO: 12-21-0267-302. Control #: 120- 00897. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Clayton W. Anderson and Lynn M. Anderson, his wife, by Deed from Rhoda Campbell, widow, dated 07/29/1999, re- corded 08/13/1999, in Deed Book 205, page 889. 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 18th and 25th day(s) of April and the 2nd day(s) of May 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 SALE#23 Sworn to and subscribed before me this 18th day of May 2007 A.D. Notarial Seal Terry L. Russell, Notary Public City OF Harrisburg, Dauphin County My Co fission Expires June 6, 2010 @m er. nsvlvani? 6ssoPi?t+on of Notaries NO 'VARY PUBLI CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013