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HomeMy WebLinkAbout06-6507PHELAN 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 143588 ABN AMRO MORTGAGE GROUP, INC. COURT OF COMMON PLEAS 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 CIVIL DIVISION Plaintiff TERM V. ?IVC1, NO. ot,:?- &s07 CUMBERLAND COUNTY SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN 305 HIGH STREET SUMMERDALE, PA 17093 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A 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 #: 143588 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 #: 143588 Plaintiff is ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 2. The name(s) and last known address(es) of the Defendant(s) are: SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN 305 HIGH STREET SUMMERDALE, PA 17093 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/30/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1872, Page: 287. 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 #: 143588 6. The following amounts are due on the mortgage: Principal Balance $88,164.45 Interest 2,512.00 06/01/2006 through 11/07/2006 (Per Diem $15.70) Attorney's Fees 1,325.00 Cumulative Late Charges 170.94 06/30/2004 to 11/07/2006 Cost of Suit and Title Search 550.00 Subtotal $ 92,722.39 Escrow Credit 0.00 Deficit 388.05 Subtotal 388.05 TOTAL $ 93,110.44 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. 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 $ 93,110.44, together with interest from 11/07/2006 at the rate of $15.70 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/ rancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 143588 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows; to wit: BEGINNING at a point on the southerly right-of-way line of High Street at the dividing line between Lot No. 2 and Lot No. 1 on the hereinafter referenced Plan; thence along High Street North 81 degrees 30 minutes 20 East, a distance of 80.0 feet to a point; thence South 8 degrees 29 minutes 40 seconds East, a distance of 109.0 feet to a point; thence South 81 degrees 30 minutes 20 seconds West, a distance of 80.0 feet to a point; thence along Lot No. 2, North 8 degrees 29 minutes 40 seconds West, a distance of 109.0 feet to a point, the place of BEGINNING. BEING Lot No. 1 on the Final Subdivision for John D. Horstick, Jr. and Beverly J. Horstick, as prepared Whittock- Hartman, Engineers, dated April 5, 1989 and recorded in Cumberland County Plan Book 58, Page 40. CONTAINING 8,720 square feet more or less, and being improved with a dwelling and garage, known and numbered as 305 High Street, Sumerdale. BEING part of the same premises which Charles W. Hamman and Lottie V. Hamman, husband and wife, by their deed dated August 6, 1957 and recorded in Cumberland County Deed Book'I' Volume 17 Page 543 granted and conveyed unto John D. Horstick, Jr. and Beverly J. Horstick, his wife. Beverly J. Horstick died December 23, 1993, whereupon sole title to said premises became vested in John D. Horstick, Jr. by virtue of the doctrine of survivorship incident to tenancies by the entireties. PROPERTY BEING: 305 HIGH STREET File #: 143588 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ?/ qt ot) Qvt n 40 V , 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 ABN Amro Mortgage Group, Inc. vs. Shirley J. McCorkle a/k/a Shirley Brown Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 06-6507 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, Shirley J. McCorkle a/k/a Shirley Brown, by first class mail and certified mail to the last known address P.O. Box 335, Summerdale, PA 17093 and the mortgaged premises, 305 High Street, Summerdale, PA 17093, and in support thereof avers the following: 1. Attempts to serve Defendant, Shirley J. McCorkle a/k/a Shirley Brown, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 305 High Street, Summerdale, PA 17093. As indicated by the Sheriffs :Return of Service attached hereto as Exhibit "A", no service was made as the Defendant has 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 December 13, 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 & Sc ieg, L.L.P. By: Daniel . Sc , Esquire Attorney for Plaintiff Date: December 13, 2006 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schry ieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ABN Amro Mortgage Group, Inc. vs. Shirley J. McCorkle a/k/a Shirley Brown Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 06-6507 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 By: Daniel Schmi , Attorney for Plaintiff Date: December 13, 2006 Exhibit SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06507 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS MCCORKLE SHIRLEY J AKA SHIRLEY 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 MCCORKLE SHIRLEY J AKA SHIRLEY BROWN but was unable to locate Her in his bailiwick. He therefore returns the .-. i..wrr w -t-rm ArtllTm T1f1T Tl the within named DEFENDANT BROWN 305 HIGH STREET , NOT FOUND , as to MCCORKLE SHIRLEY J AKA SHIRLEY SUMMERDALE, PA 17093 305 HIGH STREET SUMMEDALE IS VACANT. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: So a s: Docketing 18.00 Service 14.08 Not Found 5.00 R. Thomas Kline Surcharge 10.00 iff of Cumberland County .00 47.08 HELAN HALLINAN SCHMIEG L,/ 11/20/2006 Sworn and Subscribed to before me this day of A. D. Exhib1+ B ,0 FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 143588 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Shirley J. McCorkle Property Address: 305 High Street, Summerdale, PA 17093 Possible Additional Mailing: PO Box 335, Summerdale, PA 17093 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 Shirley J. McCorkle -185-50-6828 B. EMPLOYMENT SEARCH Shirley J. McCorkle - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Shirley J. McCorkle reside(s) at: 305 High Street, Summerdale, PA 17093. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Shirley J. McCorkle. B. On 12-06-06 our office made a telephone call to (717) 732-5433 and received the following information: phone disconnected. III. INQUIRY OF NEIGHBORS On 12-06-06 our office made several phone calls in an attempt to contact Terri L. Horstick, at 307 High Street,, Summerdale, PA 17093, (717) 732-6829 and received the following information: no answer. On 12-06-06 our office made several phone calls in an attempt to contact L. Zarr, at 301 High Street, Summerdale, PA 17093, (717) 732-6263 and received the following information: no answer. On 12-06-06 our office made several phone calls in an attempt to contact Robert L. Jacobs, at 300 High Street, Summerdale, PA 17093, (717) 732-9196 and received the following information: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 12-06-06 we reviewed the National Address database and found the following information: Shirley J. McCorkle- 305 High Street, Summerdale, PA 17093. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Shirley J. McCorkle. VI. OTHER INQUIRIES A. DEATH RECORDS As of 12-06-06 Vital Records and all public databases have no death record on file for Shirley J. McCorkle. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Shirley J. McCorkle residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Shirley J. McCorkle - 05-07-1965 B. A.K.A. Shirley Brown * 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 unsworn falsification to authorities. AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 6thday of December 2006. The above information is obtained from available public records kls and we are only liable for the cost of the affidavit. COMMONWEALTH OF PENNSYLVANIA NCiTAr^,.AL SEA , NoL RYA %" P'0,ALVi,N,Gry Public C-Y G' r'hilo. Coin AAY t.? ?''? lY r. x; ,r .. eceml' 21, 2008 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, Phelan Hallinan & SchmiegL.P. By: Daniel G. Schmie , Esquire Attorney for aintiff Date: December 13, 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 ABN Amro Mortgage Group, Inc. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Vs. CUMBERLAND COUNTY Shirley J. McCorkle a/k/a Shirley Brown NO. 06-6507 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 snail, postage prepaid, on the date listed below. Shirley J. McCorkle aWa Shirley Brown at: 305 High Street Summerdale, PA 17093 P.O. Box 335 Summerdale, PA 17093 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. By: - Daniel Schm' , Esquire Attorney for Plaintiff L.L.P. Date: December 13, 2006 Respectfully submitted, 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 ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs. SHIRLEY J. MCCORKLE Defendants COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND County No. 06-6507 PRAECIPE TO REINSTATE CIVII, ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: December 13, 2006 /jcs, Svc Dept. File# 143588 PHELAN HALLINAN & SC IEG, LLP By: S. y FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff ? ? --c '?"_ .:, ... ..: ? a,,,. ? • ?,,,.? i / ? {? ?' Y, ... ?- ` y .. ?G s t' _ pi p ...a. 3= ABN Amro Mortgage Group, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN : NO. 06-6507 CIVIL ORDER OF COURT AND NOW, this 20th day of December, 2006, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, IT IS HEREBY ORDERED AND DIRECTED that said Motion is GRANTED. IT IS FURTHER ORDRED AND DIRECTED that Plaintiff may obtain service of the Complaint on the above captioned Defendant, Shirley J. McCorkle a/k/a Shirley Brown, by: 1. First class mail to Shirley J. McCorkle a/k/a Shirley Brown at the last known address P. O. Box 335, Summerdale, PA 17093 and the mortgaged premises located at 305 High Street, Summerdale, PA 17093; 2. Certified mail to Shirley J. McCorkle a/k/a Shirley Brown at the last known address P. O. Box 335, Summerdale, PA 17093 and the mortgaged premises located at 305 High Street, Summerdale, PA 17093; 3. Posting on the mortgaged premises located at 305 High Street, Summerdale, PA 17093. 4. Service of all future pleadings may be done by First Class and Certified mail to the Defendant at the addresses listed above. By the Court, M. L. Ebert, Jr., J. Daniel Schmieg, Esquire Attorney for Plaintiff bas ?('anC:l 9 S. ttciw? nap ?. _S _? ?? ??? _? _ ? 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 (21-5) 563-7000 ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 06-6507 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 person SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN at 305 HIGH STREET, SUMMERDALE, PA 17093, and P.O. BOX 335, SUMMERDALE, PA 17093 on neremher 77, 2006, in accordance with the Order of Court dated DECEMBER 20, 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 27,E qJ ! T G? FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff 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 ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. : COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County SHIRLEY J. MCCORKLE Defendants No. 06-6507 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. Date: December 27, 2006 F PHELAN HALLINAN & SCHMIEG, LLP V""- By:lj??,r4{,c-.t? S' FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jcs, Svc Dept. File# 143588 ?...-? ?C ?^J ? (.. ._ ».. ) -. ._. ,? ? ?.,i`t z r r '""" ??_? ? .. {?^? SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06507 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC' VS MCCORKLE SHIRLEY J AKA SHIRLEY 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 unable to locate Her in his bailiwick. COMPLAINT - MORT FORE , but was He therefore returns the , NOT FOUND , as to the within named DEFENDANT MCCORKLE SHIRLEY J AKA SHIRLEY BROWN , 305 HIGH STREET SUMMERDALE, PA 17093 305 HIGH STREET SUMMEDALE IS VACANT. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: So a Docketincr 18.00 Service 14.08 Not Found. 5.00 Surcharge 10.00 .00 47.08 / Sworn and Subscribed to before me this day of R. Thomas Kline iff of Cumberland County HELAN HALLINAN SCHMIEG 11/20/2006 A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-06507 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS MCCORKLE SHIRLEY J AKA SHIRLEY GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn acOrding to law, says, the within COMPLAINT - MORT FORE was served upon MCCORKLE SHIRLEY J AKA SHIRLEY BROWN the DEFENDANT at 1654:00 HOURS, on the 2nd day of at 305 HIGH STREET SUMMERDALE, PA 17093 by handing to POSTED PROPERTY AT 305 HIGH ST SUMMERDALE a true and attested copy of COMPLAINT - MORT FORE 2007 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge b? Sworn and Subscibed to before me this of So Answers: 18.00 14.08 6.00 10.00 R. Thomas Kline .00 48.08 01/03/2007 PHELAN HALLINAN SCHMIEG By day 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 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. SHIRLEY J. MCCORKLE Defendant(s). CIVIL DIVISION NO. 06-6507 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against SHIRLEY J. MCCORKLE , Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 11/08/06 to 02/06/07 TOTAL $93,110.44 $1,428.70 $94,539.14 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. .S DANIEL G. SCH IEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ??" 12 1067 PR ROTHY 143588 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 ABN AMRO MORTGAGE GROUP, INC. Plaintiff Vs. SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY :NO. 06-6507 CIVIL Defendants TO: SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN 305 HIGH STREET SUMMERDALE, PA 17093 DATE OF NOTICE: JANUARY 23, 20(17 THIS FIRM IS, A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE INDEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY, ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 FIL (800)990-9108 E Co FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE Plaintiff, V. SHIRLEY J. MCCORKLE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6507 VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SHIRLEY J. MCCORKLE is over 18 years of age and resides at, 305 HIGH STREET, SUMMERDALE, PA 17093. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. U 4ES?QqUIRE DANIEL G. SCHMI G, Attorney for Plaintiff N ? ? c Q ? ? ? -? _ ?' ? t? r_ , ? y ?: ?, E ?`? ?? ?? << ?? (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE Plaintiff, V. SHIRLEY J. MCCORKLE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6507 Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: K11 ? If you have any questions concerning this matter, please contact: ? n t1 n DANIEL G. SCHMIEG, ESQUIRE ' Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. No. 06-6507 SHIRLEY J. MCCORKLE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add'1 cost Interest from 02/(/07 to 06/13/07 (per diem -$15.54) $94,539.14 $1,773.78 $1,973.58 and Costs TOTAL $98,286.50 omeW C-4i 'S Ian DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 143588 r M T O e+ a a z o o o? ? x Oa W U HW ? ? ?" boll, C7 ?, uu d p0 O W ? o a 1 6 d a J CJ .7 rJi a?''• ?- 7 4 u+ ,-• DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows; to wit: BEGINNING at a point on the southerly right-of-way line of High Street at the dividing line between Lot No. 2 and Lot No. 1 on the hereinafter referenced Plan; thence along High Street North 81 degrees 30 minutes 20 East, a distance of 80.0 feet to a point; thence South 8 degrees 29 minutes 40 seconds East, a distance of 109.0 feet to a point; thence South 81 degrees 30 minutes 20 seconds West, a distance of 80.0 feet to a point; thence along Lot No. 2, North 8 degrees 29 minutes 40 seconds West, a distance of 109.0 feet to a point, the place of BEGINNING. BEING Lot No. 1 on the Final Subdivision for John D. Horstick, Jr. and Beverly J. Horstick, as prepared Whittock-Hartman, Engineers, dated April 5, 1989 and recorded in Cumberland County Plan Book 58, Page 40. CONTAINING 8,720 square feet more or less, and being improved with a dwelling and garage, known and numbered as 305 High Street, Sumerdale. BEING part of the same premises which Charles W. Hamman and Lottie V. Hamman, husband and wife, by their deed dated August 6, 1057 and recorded in Cumberland County Deed Book "P" Volume 17 Page 543 granted and conveyed unto John D. Horstick, Jr. and Beverly J. Horstick, his wife. Beverly J. Horstick died December 23, 1993, whereupon sole title to said premises became vested in John D. Horstick, Jr. by virtue of the doctrine of survivorship incident to tenancies by the entireties. PARCEL IDENTIFICATION NO: 09-12-2994-026 Premises: 305 High Street, Summerdale, PA 17093 Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Shirley J. McCorkle, single woman, by Deed from Dennis Gene Horstick, Executor of the Estate of John D. Horstick, Jr., dated 06/30/2004, recorded 07/01/2004, in Deed Book 263, page 4594. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6507 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From SHIRLEY J. MCCORKLE (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 $94,539.14 L.L. $.50 Interest FROM 2/7/07 TO 6/13107 (PER DIEM - $15.54) - $1,973.58 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $177.16 Plaintiff Paid Other Costs ADD'L FEES - $1,773.78 Date: FEBRUARY 13, 2007 (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 - (21Z-4 L?i? C is R. Long, notary 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 ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. SHIRLEY J. MCCORKLE Defendant(s). . ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6507 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHM EG, ESQUIRE Attorney for Plaintiff a ' ? ?? n cA --c3 7 fen , c W c 014 ABN AMRO MORTGAGE GROUP, INC. If .. Plaintiff, V. SHIRLEY J. MCCORKLE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6507 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,305 HIGH STREET. SUMMERDALE, PA 17093. 1. Name and address of Owner(s) or reputed Owner(s): Name SHIRLEY J. MCCORKLE Last Known Address (if address cannot be reasonably ascertained, please indicate) 305 HIGH STREET SUMMERDALE, PA 17093 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 _ . .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) MERS AS A NOMINEE FOR IRWIN UNION BANK AND TRUST COMPANY P.O. BOX 2026, FLINT, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 305 HIGH STREET SUMMERDALE, PA 17093 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. n February 6, 2007 - J P)Uv DATE DANIEL G. SCHMI G, ESQUIRE Attorney for Plaintiff a a .. Viz, t"1"'1 i s.' ? ? ? ? ?? ? r .-? -. r ? ? -t ABN AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY Plaintiff, V. No. 06-6507 SHIRLEY J. MCCORKLE Defendant(s). February 6, 2007 TO: SHIRLEY J. MCCORKLE 305 HIGH STREET SUMMERDALE, PA 17093 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY." Your house (real estate) at, 305 HIGH STREET, SUMMERDALE, PA 17093, is scheduled to be sold at the Sheriff s Sale on 06/13/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $94,539.14 obtained by ABN AMRO MORTGAGE GROUP. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows; to wit: BEGINNING at a point on the southerly right-of-way line of High Street at the dividing line between Lot No. 2 and Lot No. 1 on the hereinafter referenced Plan; thence along High Street North 81 degrees 30 minutes 20 East, a distance of 80.0 feet to a point; thence South 8 degrees 29 minutes 40 seconds East, a distance of 109.0 feet to a point; thence South 81 degrees 30 minutes 20 seconds West, a distance of 80.0 feet to a point; thence along Lot No. 2, North 8 degrees 29 minutes 40 seconds West, a distance of 109.0 feet to a point, the place of BEGINNING. BEING Lot No. 1 on the Final Subdivision for John D. Horstick, Jr. and Beverly J. Horstick, as prepared Whittock-Hartman, Engineers, dated April 5, 1989 and recorded in Cumberland County Plan Book 58, Page 40. CONTAINING 8,720 square feet more or less, and being improved with a dwelling and garage, known and numbered as 305 High Street, Sumerdale. BEING part of the same premises which Charles W. Hamman and Lottie V. Hamman, husband and wife, by their deed dated August 6, 1957 and recorded in Cumberland County Deed Book "I" Volume 17 Page 543 granted and conveyed unto John D. Horstick, Jr. and Beverly J. Horstick, his wife. Beverly J. Horstick died December 23, 1993, whereupon sole title to said premises became vested in John D. Horstick, Jr. by virtue of the doctrine of survivorship incident to tenancies by the entireties. PARCEL IDENTIFICATION NO: 09-12-2994-026 Premises: 305 High Street, Summerdale, PA 17093 Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Shirley J. McCorkle, single woman, by Deed from Dennis Gene Horstick, Executor of the Estate of John D. Horstick, Jr., dated 06/30/2004, recorded 07/01/2004, in Deed Book 263, page 4594. M r C*7 cv m F ..: n U? PINEY PARTNERS, LP, d/b/a Village of Laurel Run, Plaintiff, MAY 0 8 2007 ,A/ i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006- 6506 CIVIL TERM V. JOSEPH A. BRESKI and NANCY L. BRESKI, husband and wife, Defendants. CIVIL ACTION-LAW ORDER OF COURT AND NOW, this / y day of rho, , 2007, upon review of the attached Motion To Make Rule Absolute, it is hereby ordered and decreed that Rule previously issued relative to this matter is absolute. BY THE COURT, r? C Z .G HV S I HH LOU PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. No. 06-6507 CIVIL SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 02/06107 to SEPTEMBER 5, 2007 (per diem -$15.54) $94,539.14 $3,278.94 and Costs Add'1 cost TOTAL $1,773.78 $99,591.86 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of'a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. d Oz > U ? W ? a z ° z x , Uz w? x O A ? O d o04 U d xw ? d z N T LL- r O ? O w U w; ? d wo ? O H ? w wo O V a? ? U ti W a x w M O? 0 r d a w a d 9 )2 w x 0 M b d 3 • V "NI ll?j V Ibl- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6507 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN (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 $94,539.14 L.L. Interest FROM 2/06/07 TO 9/5/07 (PER DIEM - $15.54) - $3,278.94 AND COSTS Atty's Comm % Atty Paid $344.92 Plaintiff Paid Date: JUNE 5, 2007 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $1,773.78 /f / 8,-,- 6- - , is R. ong, Prothonotary '-B y: Deputy 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 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: DANIEL E. BROWN SHIRLEY J. BROWN Bk. No. 1:07-bk-01035 MDF A/K/A SHIRLEY J. BURIAN A/K/A SHIRLEY J. MCCORKLE Chapter No. 07 Debtors ABN AMRO MORTGAGE GROUP, INC. Movant 11 U.S.C.§362 V. DANIEL E. BROWN SHIRLEY J. BROWN A/K/A SHIRLEY J. BURIAN A/K/A SHIRLEY J. MCCORKLE and LAWRENCE G. FRANK, ESQUIRE (TRUSTEE) Respondents ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of ABN AMRO MORTGAGE GROUP, INC. (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 305 HIGH STREET, SUMMERDALE, PA 17093, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and ABN AMRO MORTGAGE GROUP, INC. may immediately enforce and implement this Order granting relief from the automatic stay. By the Cowlt 71 ?` I', Dated: May 8, 2007 Judie (C This document is electronically signed and filed on the same date. ABN Amro Mortgage Group, Inc. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN NO. 06-6507 CIVIL ORDER OF COURT AND NOW, this 2& day of December, 2006, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, IT IS HEREBY ORDERED AND DIRECTED that said Motion is GRANTED. IT IS FURTHER ORDRED AND DIRECTED that Plaintiff may obtain service of the Complaint on the above captioned Defendant, Shirley J. McCorkle a/k/a Shirley Brown, by: 1. First class mail to Shirley J. McCorlde a/kta Shirley Brown at the last known address P. O. Box 335, Summerdale, PA 17093 and the mortgaged premises located at 305 High Street, Summerdale, PA 17093; 2. Certified mail to Shirley J. McCorkle a/k/a Shirley Brown at the last known address P. O. Box 335, Summerdale, PA 17093 and the mortgaged premises located at 305 High Street, Summerdale, PA 17093; 3. Posting on the mortgaged premises located at 305 High Street, Summerdale, PA 17093. 4. Service of all future pleadings may be done by First Class and Certified mail to the Defendant at the addresses listed above. Daniel Schmieg, Esquire Attorney for Plaintiff bas By the Court, PHELAN HALLINAN AND 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 ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6507 CIVIL CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ( ?'s8m DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C3 t" s ^' ?' ? C7 -za 5 ? c.... ? r? ?? . rj ?i'` ? ? { ,i.,.+ 3 L t ? µ{t t ,_ j .? .._ ? 1 ?, ? ?ABN AMRO MORTGAGE GROUP, INC. Plaintiff, . V. SHIRLEY J. MCCORKLE . A/K/A SHIRLEY BROWN . Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6507 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,305 HIGH STREET, SUMMERDALE, PA 17093. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHIRLEY J. MCCORKLE 305 HIGH STREET A/K/A SHIRLEY BROWN SUMMERDALE, PA 17093 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) MERS AS A NOMINEE FOR IRWIN UNION BANK & TRUST COMPANY MERS AS A NOMINEE FOR IRWIN UNION BANK & TRUST COMPANY 1717 E. COLLEGE PARKWAY CARSON CITY, NV 89706 PO BOX 2026 FLINT, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTENTION: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 305 HIGH STREET SUMMERDALE, PA 17093 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 P.O. BOX 8486 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 authorities. June 1, 2007 1 p P DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 4 m - FT- Fri ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN Defendant(s). CUMBERLAND COUNTY No. 06-6507 CIVIL June 1, 2007 TO: SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN 305 HIGH STREET SUMMERDALE, PA 17093 * *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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 305 HIGH STREET, SUMMERDALE, PA 17093, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $94,539.14 obtained by ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 piece or parcel of land situate in East Pennsboro Township, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows; to wit: BEGINNING at a point on the southerly right-of-way line of High Street at the dividing line between Lot No. 2 and Lot No. 1 on the hereinafter referenced Plan; thence along High Street North 81 degrees 30 minutes 20 East, a distance of 80.0 feet to a point; thence South 8 degrees 29 minutes 40 seconds East, a distance of 109.0 feet to a point; thence South 81 degrees 30 minutes 20 seconds West, a distance of 80.0 feet to a point; thence along Lot No. 2, North 8 degrees 29 minutes 40 seconds West, a distance of 109.0 feet to a point, the place of BEGINNING. BEING Lot No. 1 on the Final Subdivision for John D. Horstick, Jr. and Beverly J. Horstick, as prepared Whittock-Hartman, Engineers, dated April 5, 1989 and recorded in Cumberland County Plan Book 58, Page 40. CONTAINING 8,720 square feet more or less, and being improved with a dwelling and garage, known and numbered as 305 High Street, Sumerdale. BEING part of the same premises which Charles W. Hamman and Lottie V. Hamman, husband and wife, by their deed dated August 6, 1957 and recorded in Cumberland County Deed Book "I" Volume 17 Page 543 granted and conveyed unto John D. Horstick, Jr. and Beverly J. Horstick, his wife. Beverly J. Horstick died December 23, 1993, whereupon sole title to said premises became vested in John D. Horstick, Jr. by virtue of the doctrine of survivorship incident to tenancies by the entireties. PARCEL IDENTIFICATION NO: 09-12-2994-026 Premises: 305 High Street, Summerdale, PA 17093 Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Shirley J. McCorkle, single woman, by Deed from Dennis Gene Horstick, Executor of the Estate of John D. Horstick, Jr., dated 06/30/2004, recorded 07/01/2004, in Deed Book 263, page 4594. C'} r-? ? O ?. __., ? c ?-- T_ -n n - ? , ,y y . "? . -? ; `r> "c""; ?, ?. - ;.?, to :-7 ?...? ?-?---mac .? ?, 0 ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. SHIRLEY J. MCCORKLE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6507 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,305 HIGH STREET, SUMMERDALE, PA 17093. 1. Name and address of Owner(s) or reputed Owner(s): Name SHIRLEY J. MCCORKLE Last Known Address (if address cannot be reasonably ascertained, please indicate) 305 HIGH STREET SUMMERDALE, PA 17093 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None W- 4- .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) MERS AS A NOMINEE FOR IRWIN UNION BANK AND TRUST COMPANY P.O. BOX 2026, FLINT, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 305 HIGH STREET SUMMERDALE, PA 17093 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 6, 2007 J tuwj rq , DATE DANIEL G. SCHM G, ESQUIRE Attorney for Plaintiff t Aft ABN AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY Plaintiff, V. No. 06-6507 SHIRLEY J. MCCORKLE Defendant(s). February 6, 2007 TO: SHIRLEY J. MCCORKLE 305 HIGH STREET SUMMERDALE, PA 17093 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANAYTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 305 HIGH STREET, SUMMERDALE, PA 17093, is scheduled to be sold at the Sheriffs Sale on 06/13/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $94,539.14 obtained by ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. i 'L .- - 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows; to wit: BEGINNING at a point on the southerly right-of-way line of High Street at the dividing line between Lot No. 2 and Lot No. 1 on the hereinafter referenced Plan; thence along High Street North 81 degrees 30 minutes 20 East, a distance of 80.0 feet to a point; thence South 8 degrees 29 minutes 40 seconds East, a distance of 109.0 feet to a point; thence South 81 degrees 30 minutes 20 seconds West, a distance of 80.0 feet to a point; thence along Lot No. 2, North 8 degrees 29 minutes 40 seconds West, a distance of 109.0 feet to a point, the place of BEGINNING. BEING Lot No. 1 on the Final Subdivision for John D. Horstick, Jr. and Beverly J. Horstick, as prepared Whittock-Hartman, Engineers, dated April 5, 1989 and recorded in Cumberland County Plan Book 58, Page 40. CONTAINING 8,720 square feet more or less, and being improved with a dwelling and garage, known and numbered as 305 High Street, Sumerdale. BEING part of the same premises which Charles W. Hamman and Lottie V. Hamman, husband and wife, by their deed dated August 6, 1957 and recorded in Cumberland County Deed Book "I" Volume 17 Page 543 granted and conveyed unto John D. Horstick, Jr. and Beverly J. Horstick, his wife. Beverly J. Horstick died December 23, 1993, whereupon sole title to said premises became vested in John D. Horstick, Jr. by virtue of the doctrine of survivorship incident to tenancies by the entireties. PARCEL IDENTIFICATION NO: 09-12-2994-026 Premises: 305 High Street, Summerdale, PA 17093 Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Shirley J. McCorkle, single woman, by Deed from Dennis Gene Horstick, Executor of the Estate of John D. Horstick, Jr., dated 06/30/2004, recorded 07/01/2004, in Deed Book 263, page 4594. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6507 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW b TO THE SHERIFF OF CUMBERLAND COUNTY: " To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s)., From SHIRLEY J. MCCORKLE (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 $94,539.14 L.L. $.50 Interest FROM 2/7/07 TO 6/13/07 (PER DIEM - $15.54) - $1,973.58 AND COSTS Atty's Comm % Due Prothy $1.00 Arty Paid $177.16 Plaintiff Paid Other Costs ADD'L FEES - $1,773.78 Date: FEBRUARY 13, 2007 (Seal) 01'ea"?4 C is R. Long, P o ary 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 i QL) 9 enz GO Real Estate Sale # 50 On February 23, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 305 High Street, Summerdale, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 23, 2007 By: ,J S?vk-? Real Estate Sergeant 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 ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN Defendant(s). Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6507 CIVIL 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 SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN on JUNE 6, 2007 at 305 HIGH STREET, SUMMERDALE, PA 17093 & P.O. BOX 335, SUMMERDALE, PA 17093 in accordance with the Order of Court dated DECEMBER 20, 2006. The property was posted on JUNE 11, 2007. 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. PHELAN Fj?kLLINAN & SCHMIEG, LLP By. 1 A I C IEG ESQUIRE Dated: July 19, 2007 7160 3901 9845 0725 9905 TO: SHIRLEY J. MCCORKLE AIKJA SHIRLEY BROWN 305 HIGH STREET SUMMERDALE, PA 17093 SENDER: TEAM4 LLD REFERENCE: 143588 PS Fonsll Jenw 2005 _ RETURN P08t89e RECEIPT corned Fee SERVICE Retum Receipt Fee Reseeded Delivery Total Po"" & Fees US Postal Service POS OR Receipt for ? f Certified Mail %N No I wimnoe Cwwage Provided Do Not Use for Intemational Mel \sXQ.......a 7160 3901 9845 0725 9899 u TO: SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN a PO BOX 335 SUMMERDALE, PA 17093 SENDER: TEAM4 LLD r; REFERENCE: 143588 L• p RETURN Postage )j RECEIPT d F C ifi ?; SERVICE ee ert e t Fee Retum Recei 2.65 p Restricted Delve d 60 e & Fees ta T t l P a os g o US Postal SerVm s Receipt for a' , O7 { Certified Mail N , No Ineumnoo Covera9p Provided Do Not Use for Mhmrornl Mal ABN Amro Mortgage Group, Inc. V. SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-6507 CIVIL ORDER OF COURT AND NOW, this 2e day of December, 2006, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, IT 1S HEREBY ORDERED AND DIRECTED that said Motion is GRANTED. IT IS FURTHER ORDRED AND DIRECTED that Plaintiff may obtain service of the Complaint on the above captioned Defendant, Shirley J. McCorkle a/k/a Shirley Brown, by: 1. First class mail to Shirley J. McCorkle a/k/a Shirley Brown at the last known address P. O. Box 335, Summerdale, PA 17093 and the mortgaged premises located at 305 High Street, Summerdale, PA 17093; 2. Certified mail to Shirley J. McCorkle a/k/a Shirley Brown at the last known address P. O. Box 335, Summerdale, PA 17093 and the mortgaged premises located at 305 High Street, Summerdale, PA 17093; 3. Posting on the mortgaged premises located at 305 High Street, Summerdale, PA 17093. 4. Service of all future pleadings may be done by First Class and Certified mail to the Defendant at the addresses listed above. Daniel Schmieg, Esquire Attorney for Plaintiff bas By the Court, r PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE ABN AMRO MORTGAGE GROUP, INC. SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN SERVE: *** PLEASE POST THE MORTGAGED PREMISES PER COURT ORDER *** 305 HIGH STREET SUMMERDALE, PA 17093 SERVED CUMBERLAND COUNTY CQS No. 06-6507 CIVIL ACCT. #143588 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 5, 2007 Served and made known to S h 1 h ICJ `1 . 1 Y 1P_GXV(e , Defendant, on the day of T?(-t!1 e , 200-1 at o'clock A.m., at 30t; b JT . i SCk M r11" a( , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. _ an officer of said Defendant s)'s company. Other: aS ?`jf n SFS W ?'1, (VO c e eX_ Sh S'?le Description: Age Height Weight Race Sex Other I, P MA" MO L-L 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 d subs icLbb d ore is 11 da of , 2007 _ No By: P SE ATTEMPT SERVICE AT L AST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the PA-i Qq ?,. .. J at " o'clock : m., Defendant NOT FOUND because: °S1 0n Expires June 16 2008 Moved Unknown' No Answer Vacant 1st Attempt: / J 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 2°d Attempt: / / Time: (P e_?525 ? ? C3 --s. i !'7?, is ?.. r.. -?'T"t ??? r.a.. n, i =? `- ? tt_ ?, `i C.,.3 'L ABN AMRO MORTGAGE GROUP, INC. V. Plaintiff, SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6507 CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,305 HIGH STREET, SUMMERDALE, PA 17093. 1. 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) East Pennsboro Township 98 S. Enlo Drive Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. (2 July 25, 2007 DATE DANIEL G. SCHMI G, ESQUI Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ABN AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN Defendant(s) NO. 06-6507 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: 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: 305 HIGH STREET SUMMF.RDALF., PA 17093. 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 Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. 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 G. SCHM G, ESQUIREOp- Attorney for Plaintiff Date: Inly 25, 007 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he sold in the ahsence of n representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 143588 £016t L OOZ. . 408 w6 GK a et a? ? „d G V Li o V 6 b H '? ? L d z14 o =Ms w 3000d1Z W021.30311VW O N r o too ?Zb000 : TO s M Z D xx ? ? ? yG g ?Q 00 Gp a w W w c7 ??? . W N a C a 8 F+ >C V s x w O0 w z e yy ? !''?• W ?? O4 ? O Q G7a N ? z ° 22 xx4d q ?a v, r. O O "? 4 w cQ ?? "" Ua ? ? o o $ w ts W ; A a 04 zz ? Q O z 9 w m Q w a W w Uc7 -?? d p O W W ° W? ? Q w O ?. p a z? z z > °? O Z Q U o ? U cn ° o Q Q a 4 < w 3 -; w s Z Q u ' U x u¢ $ A3 x m r E z m ff ;E a !S m J ? N c•1 `? v1 ?D (? Oq C? O N M V' N 0 M i 6 L 3400 dlZ V408-4 03111iU}I cooz sz inr o?os?zvooo 05010 $ M z o S31N09-F3N1N ?s cc: W I? ? b rti 7 ? TO_ 7 ON ed ?" ? ? r0 N 44 O ?. a "0 i, c b CC Oi y zco to 0 c-- a O W W CA 00 F II f c B ? a a v C o E 8 ? z s I 6 C I C L d .QC L Z 1 a a .-?I-INI?t I-ice w? U C O .C y v E sg a ecuS 0 o;v.? s d m0 C p ? O ? N ao ?b?e? Md, ? 3?go ? A fin m s a o o? ? r cn ° 0. W a O o c W ? Ye z? V] F oG u o Y' W a z„ .-+ N m 4?t,: 11!! ? e-? o d :?-? 1 ? f.i ?.. W . (? '?i ? _ ^tj` .Y' { ® "SJ ? iv 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 ABM AMRO Mortgage Group, Inc. Plaintiff VS. ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division Cumberland County Shirley J. McCorkle No. 06-6507 Civil Term A/K/A Shirley Brown Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on November 8, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A" 2. Judgment was entered on February 13, 2007 in the amount of $94,539.14. 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. A Sheriffs Sale of the mortgaged property at 305 High Street, Summerdale, PA 17093 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendant filed a Chapter 7 Bankruptcy at docket number 07-01035 on April 6, 2007. Plaintiff obtained relief from the bankruptcy to proceed with foreclosure by order of court dated May 8, 2007. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". The Property is listed for Sheriffs Sale on September 5, 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. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $88,164.45 Interest Through 9/05/07 7,241.90 Per Diem $15.70 Late Charges 170.94 Legal fees 1,325.00 Cost of Suit and Title 1,353.78 Sheriffs Sale Costs 41.42 Property Inspections 180.00 Appraisal/Brokers Price Opinion 85.00 Mortgage Ins. Premium/Private 879.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 1,919.50 TOTAL $101,360.99 The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff s attached brief. 10. 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 Defendant on August 7, 2007 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "D". 11. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that Judge Ebert entered an order for special services date December 20, 2006 . WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: ?I 1416? helan Hallinan & S eg, LLP By: M hel M. radfo d, squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ABM AMRO Mortgage Group, Inc. Court of Common Pleas Plaintiff : Civil Division vs. Cumberland County Shirley J. McCorkle No. 06-6507 Civil Term A/K/A Shirley Brown Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 305 High Street, Summerdale, PA 17093. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. H. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. 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 VillaP, 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 Sheriffs 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 Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. 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 and insurance 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: U ?[ Phela allinan & Schmieg, LLP By: Mi hel M. 13radford, E quire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 143588 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 Plaintiff V. SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN 305 HIGH STREET SUMMERDALE, PA 17093 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O(, G?a?ivL? + I CUMBERLAND COUNTY Defendant C rv CIVIL ACTION - LAW c COMPLAINT IN MORTGAGE FORECLOSURE NOTICE f You have been sued in court. If you wish to defend against the claims set forth in tli?.€ollowsng =L ' pages, you must take action within twenty (20) days after this complaint and notice are senWy "L fel'ses entering a written appearance personally or by attorney and filing in writing with the court y274 or objections to the claims set forth against you. You are warned that if you fail to do so the 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 ATTORNEY FILE COP'S << P' EASE RETURN r File #; 143588 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 #: 143599 1. Plaintiff is ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 2. The name(s) and last known address(es) of the Defendant(s) are: SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN 305 HIGH STREET SUM ERDALE, PA 17093 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 06/3012004 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: 1872, Page: 287. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 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 #: 143588 6. The following amounts are due on the mortgage: Principal Balance $88,164.45 Interest 2,512.00 06/01/2006 through 11/07/2006 (Per Diem $15.70) Attorney's Fees 1,325.00 Cumulative Late Charges 170.94 06/30/2004 to 11/0712006 Cost of Suit and Title Search 550.00 Subtotal $ 92,722.39 Escrow Credit 0.00 Deficit 388.05 Subtotal 388.05 TOTAL $ 93,110.44 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. 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. 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 $ 93,110.44, together with interest from 1-1107/2006 at the rate of $15.70 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP l? By: Is nci 7ra,~ s S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Filet 143598 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows; to wit: BEGINNING at a point on the southerly right-of-way line of High. Street at the dividing line between Lot No. 2 and Lot No. 1 on the hereinafter referenced Plan; thence along High Street North 81 degrees 30 minutes 20 East, a distance of 80.0 feet to a point; thence South 8 degrees 29 minutes 40 seconds .East, a distance of 109.0 feet to a point; thence South 81 degrees 30 minutes 20 seconds West, a distance of 80.0 feet to a point; thence along Lot No. 2, North 8 degrees 29 minutes 40 seconds West, a distance of 109.0 feet to a point, the place of BEGINNING. BEING Lot No. 1 on the Final Subdivision for John D. Horstick, Jr. and Beverly J. Horstick, as prepared Whittock- Hartman, Engineers, dated April 5, 1989 and recorded in Cumberland County Plan Book 58, Page 40. CONTAINING 8,720 square feet more or less, and being improved with a dwelling and garage, known and numbered as 305 High Street, Sumerdale. BEING part of the same premises which Charles W. Hamman and Lottie V. Hamman, husband and wife, by their deed dated August 6, 1957 and recorded in Cumberland County Deed Book T Volume 17 Page 543 granted and conveyed unto John D. Horstick, Jr. and Beverly J. Horstick, his wife. Beverly J. Horstick died December 23, 1993, whereupon sole title to said premises became vested in John D. Horstick, Jr. by virtue of the doctrine of survivorship incident to tenancies by the entireties. PROPERTY BEING: 305 HIGH STREET File #: 143588 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 unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 1//76 -16 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 PHH ADELPHIA, PA 19163-1814 (2151 563-7000 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE CUMBERLAND COUNTY JACKSONVILLE, FL 32258-4455 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-6507 SHIRLEY J. MCCORKLE Defendant(s) prow . PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against SHIRLEY J. MCCORKLE , Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 11/08/06 to 02/06/07 TOTAL $93,110.44 $1,428.70 $94,539.14 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. L t? DANIEL G. SC G, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED f DATE: PRO PROTHY 143588 W"y Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: . DANIEL E. BROWN SHIRLEY J. BROWN Bk. No. 1:07-bk-01035 MDF A/K/A SHIRLEY J. BURIAN A/K/A SHIRLEY J. MCCORKLE Chapter No. 07 Debtors ABN AMRO MORTGAGE GROUP, INC. Movant 11 U.S.C.§362 V. DANIEL E. BROWN SHIRLEY J. BROWN A/K/A SHIRLEY J. BURIAN A/K/A SHIRLEY J. MCCORKLE and LAWRENCE G. FRANK, ESQUIRE (TRUSTEE) Respondents ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of ABN AMRO MORTGAGE GROUP, INC. (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 1 l U.S.C. §362 is modified with respect to premises 305 HIGH STREET, SUMMERDALE, PA 17093, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and ABN AMRO MORTGAGE GROUP, INC. may immediately enforce and implement this Order granting relief from the automatic stay. By the Cowt, Dated: May 8, 2007 Ball p adge (CI) This document is electronically signed and filed on the same date. Exhibit "D" 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 August 7, 2007 Shirley J. McCorkle A/K/A Shirley Brown 305 High Street Summerdale, PA 17093 RE: ABM AMRO Mortgage Group, Inc. vs. Shirley J. McCorkle A/K/A Shirley Brown Premises Address: 305 High Street, Summerdale, PA 17093 Cumberland County CCP, No. 06-6507 Civil Term Dear Defendant, 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 by August 13, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. avely Arad r , Esquire For Phelan Hallinan & Schmieg, LLP Enclosure E 0 ! & L 3000 &Z WOM3 0311VW Looz Loony owstzoooo f 53NIgg A3N1y Mmmdmm_ O ti w Q a a d G ? ' cA a? b, M v? V] M lA ? d ° a ? d s c o a r. ., i go .Y a d V a d z ,G en 'n x N U en 4a a=tl C° .. o ? Q ? ?a x ? Z . ? p .. v M a a M Z G L N 18 r W 7 O G .ti ? v ?20 a o ?c RG N y G §5 8 A ? N C ? d ? u D o y? ? ao S? o?a3n y H c .y a z a y N T O 44 o ? z_ ro w f+i y 'd w J - cv r? v v, ?o r oo rn ZQO am E°- d i9 1 7T J?y? 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: U mil' Phe By n li 'eg, LLP Esquire Attorney for Plaintiff fiche e M. ra o ,E T) 4V. 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 August 14, 2007 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: ABM AMRO Mortgage Group, Inc. vs. Shirley J. McCorkle A/K/A Shirley Brown Cumberland County CCP, No. 06-6507 Civil Term Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return a time-stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. V ry t ly ou , .ch le . B ad idsquire For Phelan Hallinan & Schmieg, LLP Enclosure cc: Shirley J. McCorkle A/K/A Shirley Brown 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 ABM AMRO Mortgage Group, Inc. Plaintiff vs. Shirley J. McCorkle A/K/A Shirley Brown Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division Cumberland County No. 06-6507 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. Shirley J. McCorkle A/K/A Shirley Brown 305 High Street Summerdale, PA 17093 DATE: A 1? 1 Shirley J. McCorkle A/K/A Shirley Brown P.O. Box 335 Summerdale, PA 17093 Attorney for Plaintiff c- ^' .77 ABM AMRO MORTGAGE IN THE COURT OF COMMON PLEAS OF GROUP INC., CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. SHIRLEY J. MCCORKLE, A/K/A SHIRLEY BROWN DEFENDANT NO. 06-6507 CIVIL ORDER OF COURT AND NOW, this 17th day of August, 2007, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before September 7, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting [Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, ?It M. L. Ebert, Jr., J. Michele M. Bradford, Esquire Attorney for Plaintiff Shirley J. McCorkle, ,C4;tz". a/k/a Shirley Brown Defendant bas L. :QI 14f L I SnV L00Z 31HI JO j? Jl?"la !4 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- - 000 ABM AMRO Mortgage Group, Inc. Court of Common Pleas Plaintiff VS. Shirley J. McCorkle A/K/A Shirley Brown : Civil Division : Cumberland County : No. 06-6507 Civil Term Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of September 7, 2007 was sent to the following individual on the date indicated below. Shirley J. McCorkle A/K/A Shirley Brown 305 High Street Summerdale, PA 17093 DATE: v Shirley J. McCorkle A/K/A Shirley Brown P.O. Box 335 Summerdale, PA 17093 Mhlinjan Sc ieg, LLP By: fo quire Attorney for Plaintiff C_n v -< 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 Q15) 5,63-7000 ABM AMRO Mortgage Group, Inc. Plaintiff vs. Shirley J. McCorkle A/K/A Shirley Brown Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 06-6507 Civil Term MOTION TO MAKE RULE ABSOLUTE ABM AMRO Mortgage Group, Inc., 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 August 15, 2007. 3. A Rule was entered by the Court on or about August 17, 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". V- 4. The Rule to Show Cause was timely served upon all parties on August 23, 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 September 7, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP b Date Michele M. Brad ord, Es ' e Attorney for the Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ABM AMRO Mortgage Group, Inc. Plaintiff vs. Shirley J. McCorkle A/K/A Shirley Brown Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 06-6507 Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAU RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on August 15, 2007. A Rule was entered by the Court on or about August 17, 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 August 23, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of September 7, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. & HMIEG, LLP Date MVe Bradford, s re Attorney for the Plaintiff Exhibit "A" ABM AMRO MORTGAGE : IN THE COURT OF COMMON PLEAS OF GROUP INC., : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. SHIRLEY J. MCCORKLE, AIK/A SHIRLEY BROWN DEFENDANT NO. 06-6507 CIVIL ORDER OF COURT AND NOW, this 17'hday of August, 2007, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before September 7, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fad, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, "*\%A, ?AA ' -? M. L. Ebert, Jr., J. Michele M. Bradford, Esquire Attomey for Plaintiff Shirley J. McCorkle, aAda Shirley Brown Defendant FRW bas t' ATMON"Wm", I INre IllfliM I ft I 1i a ?lw lk.. lid. ., ?. Exhibit "B" 0 O 4 Q YS ' i ? ? b P0 -Orr" 1 N Orn 4 ?.d PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 ?. 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 ATTORNEY FOR PLAINTIFF ABM AMRO Mortgage Group, Inc. : Court of Common Pleas Plaintiff : Civil Division VS. OQ? : Cumberland County Shirley J. McCorkle A/K/A Shirley Brown No. 06-6507 Civil Term Defendant CER ATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of September 7, 2007 was sent to the following individual on the date indicated below. Shirley L McCorkle A/K/A Shirley Brown Shirley J. McCorkle A/K/A Shirley Brown 305 High Street f , P.O. Box 335 Summerdale, PA 17093 nmerdale, PA 17093 ?;3 h limn Sc leg, LLP Ian DATE: By: I'M Michel M. uire 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 unworn falsification of authorities. Date Clliche(IeM. F,sOUlre Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215),563-7000 ABM AMRO Mortgage Group, Inc. Plaintiff VS. Shirley J. McCorkle A/K/A Shirley Brown Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 06-6507 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. Shirley J. McCorkle A/K/A Shirley Brown 305 High Street Summerdale, PA 17093 DATE: w1b I Shirley J. McCorkle A/K/A Shirley Brown P.O. Box 335 Summerdale, PA 17093 Phel allinan & Schmieg LP By: ( yy" Michele M. Bradford, Esquire Attorney for Plaintiff ' -v cox cn -? ? ? v ? `' .. N ?? ?' ?' ?~; „? C ?? ? ? ? - .i SEP IS 20070 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ABM AMRO Mortgage Group, Inc. Plaintiff vs. Shirley J. McCorkle A/K/A Shirley Brown Defendant : Court of Common Pleas : Civil Division : Cumberland County : No. 06-6507 Civil Term ORDER AND NOW, this ?? day of S tt"VF2007, upon consideration of Plaintiff's 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 $88,164.45 Interest Through 9/05/07 7,241.90 Per Diem $15.70 Late Charges 170.94 Legal fees 1,325.00 Cost of Suit and Title 1,353.78 Sheriffs Sale Costs 41.42 Property Inspections 180.00 Appraisal/Brokers Price Opinion 85.00 Mortgage Ins. Premium/Private 879.00 Mortgage Ins. NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 1,919.50 TOTAL $101,360.99 Plus interest from 9/05/07 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. BY THE COURT: J ,M/ichele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradforde,fedphe.com 4 Ai?ley J. McCorkle A/K/A Shirley Brown P.O. Box 335 Summmerdale, PA 17093 ,,,g'hirley J. McCorkle A/K/A Shirley Brown 305 High Street Summerdale, PA 17093 Tel: (717)732-5433 143588 ' i VINVnlA5NN3d 9 0 :01 WV h 1835 LOOZ A8VION iHIOW 34L ?O 30l'40-C1U COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Zie lg_er, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Kendre LLP is the grantee the same having been sold to said grantee on the 5th day of Sept A.D., 2007, under and by virtue of a writ Execution issued on the 5th day of June, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 6507, at the suit of ABN AMro Mtg Grogp Inc against Shirley J McCodrkle aka Shirley Brown is duly recorded as Instrument Number 200738087. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 2 day of A.D. of Deeds '16a rudj dl U60U. l:umberkM Z-:- CAft PA * Cw ftuion e*i a the Fbef r W j0L t0 ABN Amro Mortgage Group, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Shirley J. McCorkle a/k/a Shirley Brown Writ No. 2006-6507 Civil Term Megan Gilbride, Deputy Sheriff, who being duly sworn according to law, states that on June 12, 2007 at 1700 hours, she 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: Shirley J. McCorkle a/k/a Shirley Brown, by posting the premises located at 305 High Street, Summerdale, Cumberland County, Pennsylvania pursuant to order of court with a true and correct copy of the same. Megan Marlow, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2007 at 1505 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Shirley J. McCorkle a/k/a Shirley Brown located at 305 High Street, Summerdale, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Shirley J. McCorkle a/k/a Shirley Brown, by regular mail to her last known address of 305 High Street, Summerdale, PA 17093. This letter was mailed under the date of July 2, 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 September 5, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $87,000.00 to Kendre LLP. It being the highest bid and best price received for the same, Kendre LLP of 1018 Wooded Pond Drive, Harrisburg, PA 17111, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $91,329.70. Sheriffs Costs: Docketing $30.00 Poundage 1,740.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Mileage 30.72 Levy 15.00 Surcharge 20.00 Posting 6.00 Law Journal 431.00 Patriot News 408.86 Share of Bills 15.69 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $2,851.77 ? (a ,, &/0,1 It> I So Answers: R. Thomas Kline, Sheriff BY -?, Real Estate rgeant ,z ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6507 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,305 HIGH STREET, SUMMERDALE, PA 17093. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHIRLEY J. MCCORKLE 305 HIGH STREET A/K/A SHIRLEY BROWN SUMMERDALE, PA 17093 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) MERS AS A NOMINEE FOR IRWIN UNION BANK & TRUST COMPANY MERS AS A NOMINEE FOR IRWIN UNION BANK & TRUST COMPANY 1717 E. COLLEGE PARKWAY CARSON CITY, NV 89706 PO BOX 2026 FLINT, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTENTION: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 305 HIGH STREET SUMMERDALE, PA 17093 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 P.O. BOX 8486 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 authorities. June 1, 2007 - DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ABN AMRO MORTGAGE GROUP, INC. - CUMBERLAND COUNTY Plaintiff, V. No. 06-6507 CIVIL SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN Defendant(s). June 1, 2007 TO: SHIRLEY J. MCCORKLE AIK/A SHIRLEY BROWN 305 HIGH STREET SUMMERDALE, PA 17093 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT P URPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFALIEN AGAINST PROPERTY. ** Your house (real estate) at, 305 HIGH STREET, SUMMERDALE, PA 17093, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $94,539.14 obtained by ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. f You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (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 r DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows; to wit: BEGINNING at a point on the southerly right-of-way line of High Street at the dividing line between Lot No. 2 and Lot No. 1 on the hereinafter referenced Plan; thence along High Street North 81 degrees 30 minutes 20 East, a distance of 80.0 feet to a point; thence South 8 degrees 29 minutes 40 seconds East, a distance of 109.0 feet to a point; thence South 81 degrees 30 minutes 20 seconds West, a distance of 80.0 feet to a point; thence along Lot No. 2, North 8 degrees 29 minutes 40 seconds West, a distance of 109.0 feet to a point, the place of BEGINNING. BEING Lot No. 1 on the Final Subdivision for John D. Horstick, Jr. and Beverly J. Horstick, as prepared Whittock-Hartman, Engineers, dated April 5, 1989 and recorded in Cumberland County Plan Book 58, Page 40. CONTAINING 8,720 square feet more or less, and being improved with a dwelling and garage, known and numbered as 305 High Street, Sumerdale. BEING part of the same premises which Charles W. Hamman and Lottie V. Hamman, husband and wife, by their deed dated August 6, 1057 and recorded in Cumberland County Deed Book "I" Volume 17 Page 543 granted and conveyed unto John D. Horstick, Jr. and Beverly J. Horstick, his wife. Beverly J. Horstick died December 23, 1993, whereupon sole title to said premises became vested in John D. Horstick, Jr. by virtue of the doctrine of survivorship incident to tenancies by the entireties. PARCEL IDENTIFICATION NO: 09-12-2994-026 Premises: 305 High Street, Summerdale, PA 17093 Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Shirley J. McCorkle, single woman, by Deed from Dennis Gene Horstick, Executor of the Estate of John D. Horstick, Jr., dated 06/30/2004, recorded 07/01/2004, in Deed Book 263, page 4594. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6507 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: r To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From SHIRLEY J. MCCORKLE A/K/A SHIRLEY BROWN (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 $94,539.14 L.L. Interest FROM 2/06/07 TO 9/5/07 (PER DIEM - $15.54) - $3,278.94 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $344.92 Other Costs $1,773.78 Plaintiff Paid Date: JUNE 5, 2007 (Seal) 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 r2 ? I L J Real Estate Sale # 48 On June 11, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 305 High Street, Summerdale, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 11, 2007 By: Real Estates ergeant E 1 .8,: fir' q- e, 0'r NU SCHEDULE OF DISTRIBUTION SALE NO. 48 Date Filed: September 21, 2007 Writ No. 2006-6507 Civil Term ABN Amro Mortgage Group, Inc. VS Shirley J. McCorkle a/k/a Shirley Brown 305 High Street Summerdale, PA 17093 Sale Date: September 5, 2007 Buyer: Dnyanoba (Ken) Kendre Bid Price: $87,000.00 Real Debt $94,539.14 Interest 39278.94 Attorney Writ Costs 344.92 Misc. Costs 1,773.78 Total: $99,936.78 DISTRIBUTION: Receipts: Cash on account (06/11/2007): $ 1,500.00 Cash on account (09/05/2007): 8,700.00 Cash on account (09/21/2007): 82,629.70 Total Receipts: $92,829.70 Disbursements: Sheriffs Costs Legal Search Transfer Tax, Local Transfer Tax, State Debbie Lupold, Tax Collector East Pennsboro Township Attorney Daniel Schmieg ABN Amro Mortgage Group Total Disbursements: Balance for distribution: So Answers: $2,851.77 300.00 1,144.85 1,144.85 1,149.54 750.35 1,500.00 83,988.34 ($929829.70) 0.00 R. Thomas Kline Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY. AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 48, held September 5, 2007 EFFECTIVE DATE: September 5, 2007 PREMISES: 305 High Street, Summerdale, (East Pennsboro Township), Cumberland County, Pennsylvania, 17093 tax parcel No. 09-12-2994-026 (the "Premises") RECITAL: Being the same premises which Dennis Gene Horstick, Executor of the Estate of John D. Horstick, Jr., by his Deed dated June 30, 2004 and recorded July 1, 2004 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 263, Page 4594, granted and conveyed unto Shirley J. McCorkle, single woman. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. I 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after July 1, 2007. 20. Mortgage in the amount of $90,155.00 from Shirley J. McCorkle to ABN Amro Mortgage Group, Inc. dated June 30, 2004 and recorded July 1, 2004 in Mortgage Book 1872, Page 287. -2- 21. Mortgage in the amount of $28,470.00 from Shirley J. McCorkle, unmarried, to Irwin Union Bank and Trust Company dated July 28, 2004 and recorded August 16, 2004 in Mortgage Book 1877, Page 2203. 22. Judgment against Shirley J. McCorkle, aka Shirley J. Brown, in favor of ABN Arnro Mortgage Group, Inc. in the amount of $94,539.14 entered February 13, 2007 to No. 2006-6507. 23. Judgment against Shirley J. Brown (McCorkle) in favor of East Pennsboro Township in the amount of $467.35 entered May 21, 2007 to No. 2007-3059. 24. All building setback lines, easements, notes, conditions and all matters appearing on the Plan of John D. Horstick, Jr. and Beverly Horstick recorded in Plan Book 58, Page 40. 25. Subject to the rights of others in and to any portion of the Premises lying within or adjoining High Street. 26. Subject to the rights of any spouse of Shirley J. McCorkle. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. Av-\" By: Keith O. Brenneman -3- r REAL ESTA'T'E SALE NO. 48 Writ No. 2006-6,07 Civil ABN AMRO Mortgage Group, Inc. VS. Shirley J. McCorkle a/k/a Shirley Brown Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in East Pennsboro Township, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows; to wit: BEGINNING at a point on the southerly right-of-way line of High Street at the dividing line between Lot No. 2 and Lot No. 1 on the hereinafter referenced Plan; thence along High Street North 81 degrees 30 minutes 20 East, a distance of 80.0 feet to a point; thence South 8 degrees 29 minutes 40 seconds East, a distance of 109.0 feet to a point; thence South 81 degrees 30 minutes 20 seconds West, a distance of 80.0 feet to a point; -thence along Lot No. 2, North 8 degrees 29 minutes 40 seconds West, a distance of 109.0 feet to a point, the place of BEGINNING. BEING Lot No. 1 on the Final Subdivision for John D. Horstick, Jr. and Beverly J. Horstick, as pre- pared Whittock-Hartman, Engineers, dated April 5, 1989 and recorded in Cumberland County Plan Book 58, Page 40. CONTAINING 8,720 square feet more or less, and being improved with a dwelling and garage, known and numbered as 305 High Street, Summerdale. BEING part of the same premises which Charles W. Hamman and Lot- tie V..Hamman, husband and wife, by their deed dated August 6, 1957 and recorded in Cumberland County Deed Book "I' Volume 17 Page 543 granted and conveyed unto John D. Horstick, Jr. and Beverly J. Horstick, his wife. Beverly J. Horstick died December 23, 1993, whereupon sole title to said premises became vested in John D. Horstick, Jr. by virtue of the doctrine of survivorship incident to tenancies by the entireties. PARCEL IDENTIFICATION NO: 09-12-2994-026. Premises: 305 High Street, Sum- merdale, PA 17093 Cumberland County, Pennsylvania. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Shirley J. McCorkle, single woman, by Deed from Dennis Gene Horstick, Executor of the Es- tate of John D. Horstick, Jr., dated 06/30/2004, recorded 07/01/2004, in Deed Book 263, page 4594. EXHIBIT A k 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 July and the 1st day(s) of August 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 #48 . .. ... .... . ...... ..... ... -oil - & 0Z. Sworn to and subscribed bdQ1e,=tbj&2M.day aEA.ugwt2007 A.D. Notarial Seal Teary L Russell, Notary Public City Of Herrisburgi Dauphin County fiAy W*n Expires June %2010 Memb r rnnsY1vM1* A0"1Wbn of Notary N ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ,? . : . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF 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: July 20, July 27, and August 3, 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. Lis Mari oyne, E rtor SWORN TO AND SUBSCRIBED before me this ___3 _day of August, 2007 Notary NOTARIAL SEAL DEBORAH A COLLN s Notary PubUc CARLIKE BORO, CUMBERLAND COUNry My Commlul0n ExF*- t Apt 20, 2010 10" >"it= WA J10. 46 Writ No. 2006-6507 Civil ABN AMRO Mortgage Group, Inc. Vs. Shirley J. McCorkle a/k/a Shirley Brown Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in East Pennsboro Township, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows; to wit: BEGINNING at a point on the southerly right-of-way line of High Street at the dividing line between Lot No. 2 and Lot No. 1 on the her referenced Plan; thence along High Street North 81 degrees 30 minutes 20 East, a distance of 80.0 feet to a point; thence South 8 degrees 29 minutes 40 seconds East, a distance of 109.0 feet to a point; thence South 81 degrees 30 minutes 20 seconds West, a distance of 80.0 feet to a point; thence along Lot No. 2, North 8 degrees 29 minutes 40 seconds West, a distance of 109.0 feet to a point, the place of BEGINNING. BEING Lot No. 1 on the Final Subdivision for John D. Horstick, Jr. and Beverly J. Horstick, as pre- pared Whittock-Hartman, Engineers, dated April 5, 1989 and recorded in Cumberland County Plan Book 58, Page 40. CONTAINING 8,720 square feet more or less, and being improved with a dwelling and garage, known and numbered as 305 High Street, Summerdale. BEING part of the same premises which Charles W. Hamman and Lot- tie V. Hamman, husband and wife, by their deed dated August 6, 1957 and recorded in Cumberland County Deed Book "I" Volume 17 Page 543 granted and conveyed unto John D. Horstick, Jr. and Beverly J. Horstick, his wife. Beverly J. Horstick died December 23, 1993, whereupon sole title to said premises became vested in John D. Horstick, Jr. by virtue of the doctrine of survivorship incident to tenancies by the entireties. PARCEL IDENTIFICATION NO: 09-12-2994-026. Premises: 305 High Street, Sum- merdale, PA 17093 Cumberland County, Pennsylvania. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Shirley J. McCorkle, single woman, by Deed from Dennis Gene Horstick, Executor of the Es- tate of John D. Horstick, Jr., dated 06/30/2004, recorded 07/01 /2004, in Deed Book 263, page 4594.