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HomeMy WebLinkAbout06-6583 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 143368 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-BC3 7105 CORPORATE DRIVE PLANO, TX 75024 V. BRIAN S. SCHREINER A/K/A BRIAN H. SCHREINER HEATHER L. SCHREINER 3507 COUNTRYSIDE LANE CAMP HILL, PA 17011 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. -4,Z U CUMBERLAND COUNTY Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 143368 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 #: 143368 Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-BC3 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: BRIAN S. SCHREINER A/K/A BRIAN H. SCHREINER HEATHER L. SCHREINER 3507 COUNTRYSIDE LANE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/13/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ASA NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1891, Page: 3836. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/13/2006 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 #: 143368 The following amounts are due on the mortgage: Principal Balance $179,892.78 Interest 7,379.75 05/13/2006 through 11/03/2006 (Per Diem $42.17) Attorney's Fees 1,250.00 Cumulative Late Charges 347.75 12/13/2004 to 11/03/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 189,420.28 Escrow Credit 0.00 Deficit 1,860.69 Subtotal $ 1,860.69 TOTAL $ 191,280.97 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 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 $ 191,280.97, together with interest from 11/03/2006 at the rate of $42.17 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. By: /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHE H LINAN & SCHMIEG, LP File #: 143368 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the westerly right-of-way line of Countryside Lane, a 50.00 foot wide right-of-way, which said point of beginning is located at the intersection of the westerly right-of-way line of Countryside Lane and the dividing line between Lots Nos. 114 and 115 on the Plan of Lots known as Countryside, Section (B); thence from said point of beginning along the dividing line between Lots Nos. 114 and 115 South 81 degrees 16 minutes West, a distance of 106 84 feet to a point on the easterly property line of Lot No. 105 on the aforesaid Plan of Lots; thence from said point along the easterly property line of Lot No. 105 North 08 degrees 44 minutes West, a distance of 89.55 feet to a point on the southerly property line of Countryside, Section (A); thence from said point along the southerly property line of Countryside Section (A) North 76 degrees 29 minutes East, a distance of 107.21 feet to a point on the westerly right-of- way line of Countryside Lane; thence from said point along the westerly line of Countryside Lane south 08 degrees 44 minutes East, a distance of 98.50 feet to a point, and place of BEGINNING. BEING Lot No. 115 on the Plan of Lots known as 'Countryside', Section (B), prepared by John C. Brilhart, dated December 4, 1973 and recorded on April 11, 1974 in Plan Book 25, Page 7. HAVING thereon erected a dwelling house being known and numbered as premises 3507 Countryside Lane, Camp Hill, Pennsylvania. BEING THE SAME PREMISES which Edward J. Genther, III and Barbara J. Genther, his wife, by deed dated And recorded in the Office of the Recorder of Deeds Office of Cumberland County, Pennsylvania in Deed Book Page , Granted and conveyed unto Edward J. Genther, III and Barbara J. Genther. The said Barbara J. Genther having passed away on November 8, 2002; thereby vesting sole title to Edward J. Genther, III by operation of law. BEING KNOWN AS: 3507 COUNTRYSIDE LANE. File #: 143368 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: t ? (3 ? O,(, zt) SHERIFF'S RETURN - REGULAR CASE NO: 2006-06583 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS SCHREINER BRIAN S ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon hlYTTTl T1TTTT1Tl T'?T)--TAT C1 TTP7T UDTANT a 0,!T-TRF'.TTNTFR the DEFENDANT , at 2030:00 HOURS, on the 15th day of November , 2006 at 3507 COUNTRYSIDE LANE _ CAMP HILL, PA 17011 by handing to BRIAN SCHREINER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 12.32 Affidavit .00 ' Surcharge 10.00 R. Thomas Kline .00 40.32/ 00/00/0000 Sworn and Subscibed to By: before me this day epu Sheriff of A. D. 1 SHERIFF'S RETURN - REGULAR CASE NO: 2006-06583 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS SCHREINER BRIAN S ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SCHREINER HEATHER L DEFENDANT the , at 2030:00 HOURS, on the 15th day of November , 2006 at 3507 COUNTRYSIDE LANE CAMP HILL, PA 17011 BRIAN SCHREINER HUSBAND by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 aal Affidavit .00 , Surcharge 10.00 R. Thomas Kline .00 16.00,/ 00/00/0000 Sworn and Subscibed to / By: before me this day pu y Sheriff of , A.D. .PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-BC3 CUMBERLAND COUNTY 7105 CORPORATE DRIVE COURT OF COMMON PLEAS PLANO, TX 75024 V. Plaintiff, CIVIL DIVISION BRIAN S. SCHREINER, A/K/A BRIAN H. SCHREINER HEATHER L. SCHREINER NO. 06-6583-CIVIL TERM Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against BRIAN S. SCHREINER A/K/A BRIAN H. SCHREINER and HEATHER L. SCHREINER, 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 11/4/06 to 1/8/07 TOTAL $191,280.97 $2,783.22 $194,064.19 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. ?ANIELL G. CHMIEG, QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE: ?La I a6o7 4avvv PRO PROTHY 143368 PHELAN HALLWAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE : COURT OF COMMON PLEAS CERTMICATEHOLDERS OF CWABS 2005-BC3 Plaintiff : CIVIL DIVISION Vs. CUMBERLAND COUNTY BRIAN S. SCHREINER A/K/A BRIAN H. SCHREINER : NO. 06-6583-CIVIL TERM HEATHER L. SCHREINER Defendants TO: BRIAN S. SCHREINER A/K/A BRIAN H. SCHREINER 3507 COUNTRYSIDE LANE CAMP HILL, PA 17011 FILE COPY DATE OF NOTICE: DECEMBER 13.2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLMAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP 'By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE : COURT OF COMMON PLEAS CERTIFICATEHOLDERS OF CWABS 2005-BC3 Plaintiff : CIVIL DIVISION Vs. CUMBERLAND COUNTY BRIAN S. SCHREINER A/K/A BRIAN H. SCHREINER : NO. 06-6583-CIVIL TERM HEATHER L. SCHREINER Defendants TO: HEATHER L. SCHREINER 'ILE COPY 3507 COUNTRYSIDE LANE CAMP HILLPA17011 DATE OF NOTICE: DECEMBER 13, 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 S F NCIS 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 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-BC3 7105 CORPORATE DRIVE Plaintiff, V. BRIAN S. SCHREINER, A/K/A BRIAN H. SCHREINER HEATHER L. SCHREINER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6583-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant BRIAN S. SCHREINER, A/K/A BRIAN H. SCHREINER is over 18 years of age and resides at, 3507 COUNTRYSIDE LANE, CAMP HILL, PA 17011. (c) that defendant HEATHER L. SCHREINER is over 18 years of age, and resides at, 3507 COUNTRYSIDE LANE, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. HMIEG, ES Attorney for Plaintiff z l t\D ?o 0 d r. r^ , -i N ar N co CZ) n W -=i (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-BC3 7105 CORPORATE DRIVE Plaintiff, v. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6583-CIVIL TERM BRIAN S. SCHREINER, A/K1A BRIAN H. SCHREINER HEATHER L. SCHREINER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on J?v L? 200:7 By: z _j ?) - ? If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, E UIRE 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." (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-BC3 Plaintiff, V. BRIAN S. SCHREINER, A/K/A BRIAN H. SCHREINER HEATHER L. SCHREINER Defendant(s). No. 06-6583-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add'l cost Interest from 1/8/07 to JUNE 13, 2007 (per diem -$31.90) TOTAL $194,064.19 $4,976.40 and Costs $199,040.59 DANIEL G. SCHMIEG, ESQ 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 a oz 03 > w wa v a z ? C ? H a W ? d °z 0 x O o O N ? aA 3? o? z? U w a ? x U F ., Z Cy- C") LIA t /e•U _ LIJ - © N C) h a x w z x xW zz dV zH ?x U d 0 U ? w? w ° o? H ? a° bA (OT.i O a? W a w i-4 4° d O Cv v M v Q L O ,) ` V-4 rl 0 0 dd as as as xx as UU dz as AA a W H F z 00 O O M M b d b a? 00 110 M M a N V ? ? Y V r1 'r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-6583 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWA13S 2005-BC3, Plaintiff (s) From BRIAN S. SCHREINER, A/K/A BRIAN H. SCHREINER AND HEATHER L. SCHREINER (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 $194,064.19 L. L. $.50 Interest FROM 1/8/07 TO 6/13/07 (PER DIEM - $31.90) - $4,976.40 AND COSTS Atty's Comm % Atty Paid $138.32 Plaintiff Paid Date: JANUARY 12, 2007 (Seal) Due Prothy $1.00 Other Costs 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 -r-..7 k' i-lv-WhL Tes*nM whew, I we u* sot w# her, tto so of Sam C44, 'UL n= 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 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-BC3 Plaintiff, ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION V. BRIAN S. SCHREINER, A/K/A BRIAN H. SCHREINER HEATHER L. SCHREINER NO. 06-6583-CIVIL TERM Defendant(s). 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 falsificatioij to authorities. DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff ?s C? ? ? --, -??. ;, ? -.': _ _ : 1 ?- f? L? ? ? .. _ y--?'?l r ? - ` BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-BC3 Plaintiff, V. BRIAN S. SCHREINER, A/K/A BRIAN H. SCHREINER HEATHER L. SCHREINER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6583-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005- BC3, 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,3507 COUNTRYSIDE LANE, CAMP HILL, PA 17011 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BRIAN S. SCHREINER, A/K/A BRIAN H. SCHREINER HEATHER L. SCHREINER 3507 COUNTRYSIDE LANE CAMP HILL, PA 17011 3507 COUNTRYSIDE LANE CAMP HILL, PA 17011 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 .i A'%. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 3507 COUNTRYSIDE LANE CAMP HILL, PA 17011 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. January 8, 2007 , DATE DANIEL G. S MIEG, ES RE Attorney for Plaintiff am? A BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-BC3 Plaintiff, V. BRIAN S. SCHREINER, A/K/A BRIAN H. SCHREINER HEATHER L. SCHREINER Defendant(s). CUMBERLAND COUNTY No. 06-6583-CIVIL TERM January 8, 2007 TO: BRIAN S. SCHREINER, A/K/A BRIAN H. SCHREINER 3507 COUNTRYSIDE LANE CAMP HILL, PA 17011 HEATHER L. SCHREINER 3507 COUNTRYSIDE LANE CAMP HILL, PA 17011 "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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 3507 COUNTRYSIDE LANE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $194,064.19 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-BC3 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows:. BEGINNING at a point on the westerly right-of-way line of Countryside Lane, a 50.00 foot wide right-of-way, which said point of beginning is located at the intersection of the westerly right-of-way line of Countryside Lane and the dividing line between Lots Nos. 114 and 115 on the Plan of Lots known as Countryside, Section (B); thence from said point of beginning along the dividing line between Lots Nos. 114 and 115 South 81 degrees 16 minutes West, a distance of 106 84 feet to a point on the easterly property line of Lot No. 105 on the aforesaid Plan of Lots; thence from said point along the easterly property line of Lot No. 105 North 08 degrees 44 minutes West, a distance of 89.55 feet to a point on the southerly property line of Countryside, Section (A); thence from said point along the southerly property line of Countryside Section (A) North 76 degrees 29 minutes East, a distance of 107.21 feet to a point on the westerly right-of- way line of Countryside Lane; thence from said point along the westerly line of Countryside Lane south 08 degrees 44 minutes East, a distance of 98.50 feet to a point, and place of BEGINNING. BEING Lot No. 115 on the Plan of Lots known as 'Countryside', Section (B), prepared by John C. Brilhart, dated December 4, 1973 and recorded on April 11, 1974 in Plan Book 25, Page 7. HAVING thereon erected a dwelling house being known and numbered as premises 3507 Countryside Lane, Camp Hill, Pennsylvania. BEING THE SAME PREMISES which Edward J. Genther, III and Barbara J. Genther, his wife, by deed dated And recorded in the Office of the Recorder of Deeds Office of Cumberland County, Pennsylvania in Deed Book , Page , Granted and conveyed unto Edward J. Genther, III and Barbara J. Genther. The said Barbara J. Genther having passed away on November 8, 2002; thereby vesting sole title to Edward J. Gentiler, III by operation of law. BEING KNOWN AS: 3507 COUNTRYSIDE LANE File #: 143368 C?3 t- ...,) .ra.- _ _ ? } ?. ` 7 { y ? ? ?? ?? ?? ._? - .. '1„ 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 Bank of New York As Trustee for the Certificat:eholders of CWABS 2005-BC3 Plaintiff VS. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County Brian S. Schreiner No. 06-6583 CIVIL TERM A/K/A Brian H. Schreiner Heather L. Schreiner Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on November 14, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A» 2. Judgment was entered on January 12, 2007 in the amount of $194,064.19. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "El". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 13, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $179,892.78 Interest Through 6/13/07 19,146.63 Per Diem $41.60 Late Charges 208.65 Legal fees 1,675.00 Cost of Suit and Title 867.00 Sheriffs Sale Costs 0.00 Property Inspections 87.50 Appraisal/Brokers Price Opinioin 0.00 Mortgage Insurance Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 1,860.69 TOTAL $203,738.25 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on April 17, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No Judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: -? Phelan Hallinan & Schmieg, LLP f Michele M. Bradf rd,b4uire 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 Bank of New York As Trustee for the Certificateholders of CWABS 2005-BC3 Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County Brian S. Schreiner No. 06-6583 CIVIL TERM A/K/A Brian H. Schreiner Heather L. Schreiner Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE; Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 3507 Countryside Lane, Camp 14111, PA 17011. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa-Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, tees and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rein and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the 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 Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending 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, enter, 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: 0 tae H4in & Schmi4), LP By: M chele M. ra ford, cuir Attorney for Plaintiff Exhibit "A" PHEL.AN 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 2( 15) 563-7000 __ -_143368 BANK OF NEW YORK AS TRUSTEE COURT OF COMMON PLEAS FOR THE CERTIFICATEHOLDERS OF CWABS 2005-BC3 CIVIL DIVISION 7105 CORPORATE DRIVE TERM PLAT10, TX 75024 Plaintiff NO d Z. V. L CUMBERLAND COUNTY _ BRIAN S. SCHREINER l t-e-A AIKIA BRIAN H. SCHREINER HEATHER L. SCHREINER 04 3507 COUNTRYSIDE LANE CAMP HILL, PA 17011 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE rw _r You have been sued in court. 'If you wish to defend against the claims set forth in the%ollovumg -V, 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 y".0 w defeMes or objections to the claims set forth against you. You are warned that if you fail to do so thi7case m proceed without you and a judgment may be entered against you by the court without furthest btice?ffir =? any money claimed in the complaint or for any other claim or relief requested by the plaintiff You Way 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 8ELOW. 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 We herebY cWt1 W 'ta V,;ihin jts Ue true and Correct copy the ATTOMY Ff odglnal filed Of 'nrd' .1;-f - um I' S Filet!: 1433(3$ PHELAN HALLMAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLMAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 215 .`i63-7000 143368 BAND OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-BC3 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. BRIAN S. SCHREINER A/K,'A BRIAN H. SCHREINER HEATHER L. SCHREINER 3507 COUNTRYSIDE LANE CAMP HILL, PA 17011 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. Uyou 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 the Vote hereby G? UUe and Within to CObe 8 IN oi ?? . oK9Inaiawdo r File #; 143369 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) DAS'S, 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 #. 143:368 Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-BC3 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: BRIAN S. SCHREINER A/K/A BRIAN H. SCHREINER HEATHER L. SCHREINER 3507 COUNTRYSIDE LANE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/13/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ASA NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC which mortgage is recorded in the Office of the Recorder ol'CUMBERLAND County, in Book: 1891, Page: 3836. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. 'The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/13/2006 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 #: 143368 The following amounts are due on the mortgage: Principal Balance $179,892.78 Interest 7,379.75 05/13/2006 through 11/03/2006 (Per Diem $42.17) Attorney's Fees 1,250.00 Cumulative Late Charges 347.75 12/13/2004 to 11/03/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 189,420.28 Escrow Credit 0.00 Deficit 1,860.69 Subtotal $ 1.860.69 TOTAL $ 191,280.97 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 $ 191,280.97, together with interest from 11/03/2006 at the rate of $42.17 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. P79is LINAN & SCHMiEG, LLP By: cS. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 143368 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the westerly right-of-way line of Countryside Lane, a 50.00 foot wide right-of-way, which said point of beginning is located at the intersection of the westerly right-of-way line of Countryside Lane and the dividing line between Lots Nos. 114 and 115 on the Plan of Lots known as Countryside, Section (B); thence from said point of beginning along; the dividing line between Lots Nos. 114 and 115 South 81 degrees 16 minutes Nest, a distance of 106 84 feet to a pouit on the easterly property line of Lot No. 105 on the aforesaid Plan of Lots; thence from said point along the easterly property line of Lot No. 105 North 08 degrees 44 minutes West, a distance of 89.55 feet to a point on the southerly property line of Countryside, Section (A); thence from said point along the southerly property line of Countryside Section (A) North 76 degrees 29 minutes East, a distance of 107.21 feet to a point on the westerly right-of- way line of Countryside Lane; thence from said point along the westerly line of Countryside Lane south 08 degrees 44 minutes East, a distance of 98.50 feet to a point, and place of BEGINNING. BEING Lot No. 115 on the Plan of Lots known as 'Countryside, Section (B), prepared by John C. Brilhart, dated December 4, 1973 and recorded on April 11, 1974 in Plan Book 25, Page 7. HAVING thereon erected a dwelling house being known and numbered as premises 3507 Countryside Lane, Camp Hill, Pennsylvania. BEING THE SAME PREMISES which Edward J. Genther, III and Barbara J. Genther, his wife, by deed dated And recorded in the Office of the Recorder of Deeds Office of Cumberland County, Pennsylvania in Deed Book , Page , Granted and conveyed unto Edward J. Genther, III and Barbara J. Genther. The said Barbara J. Genther having passed away on November 8, 2002; thereby vesting sole title to Edward J. Genther, III by operation of law. BEING KNOWN AS: 3507 COL N'IRYSIDE LANE. File #: 143368 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 1215) 563-7000 BANK OF NEW YORK A TRUSTEE FOR THE CERTIFICATEH OF CWABS 2005-BC3 7105 CORP PLAN Plaintiff, CUMBERLAND ICY N PLEAS : CO ?WON NO. 06-6583-CIVIL TERM BRIAN S. SCHREINER, AfK/A BRIAN H. SCHREINER' HEATHER L. SCHREINER Defendant(s)., PRAECIPE FOR IN REM JUDGMENT FOR FAILURE T ANSWER AND ASSESSMENT OF D N Zf_ ZZ: r%) Zx P W d a o? m 6M TO THE PROTHONOTARY: V01 Kind1 enter an y = tin favor of the Plaintiff and against BRIAN S. SCHREINER., A/K,/A BRIAN R and HEATHER L. SCHREINER, Defendant(s) for failure to file an Answer to Plain aint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises; and assess Plaintiffs damages as fellows: As set forth in Complaint Interest from 11/4/06 to 1/8/07 TOTAL $191,280.97 $2,783.22 $194,064.19 I hereby certify that (1) the addres es of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accpr4afce with Rule 237. 1, copy attached. a c. i ANIEL G. CHMIEG, QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: jC17, ?? a 2607 PRO PROTHY 143368 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey April 17, 2007 Brian S. Schreiner A/K/A Brian H. Schreiner Heather L. Schreiner 3507 Countryside Lane Camp Hill, PA 17011 RE: Bank of New York As Trustee for the Certificateholders of CWABS 2005-BC3 vs. Brian S. Schreiner A/K/A Brian H. Schreiner and Heather L. Schreiner Premises Address: 3507 Countryside Lane, Camp Hill, PA 17011 Cumberland County CCP, No. 06-6583 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within five days, by April 23, 2007 Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V truly yours, the . B d r squire For Phelan Hallman & Schmieg, LLP Enclosure NW £O L6 L 3003d'Z WOdj CI:DI 1W LOOZ LLadV OL08Lzt7OZO ` 096'00 $ G S3mog )cl-ld `•t a I Y M U Q? L V N ,J t d ?C = ? G U ? 4? m o a SY y y r" a td c a_ Co '?, `3 y Q tr p00 ?aU a t H c. mt ? M Z a 10 ? d a ai w 00 r-- ?D d .n N c+' v ? "? Jy Gy >, p V ' A a $ t°? N ?a e? FA d J a ? i r w ?, s y y N G J A5, •Gaa? ^w K o w A gGg??,, U ? > G G y o 5"a r g 7 d b ? :: 7 O O C ?" rte., w ?9? ? O G 0 a SA Nqp T N a V V 6? o O ?a A a o? v a?? 1? 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: t Phelan Hallinan & Schmieg, LLP By Michele M. Bradfor , squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP b • Michele M Bradford Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF .7 > 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215 563-7000 Bank of New York As Trustee for the Court of Common Pleas Certificateholders of CWABS 2005--BC3 Plaintiff Civil Division VS. Brian S. Schreiner A/K/A Brian H. Schreiner Heather L. Schreiner Defendants : Cumberland County : No. 06-6583 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 individuals on the date indicated below. Brian S. Schreiner A/K/A Brian H. Schreiner Heather L. Schreiner 3507 Countryside Lane Camp Hill, PA 17011 DATE: _ Phpf'a Ha lin & Schmie ; LP IBy: `ps l Mic ele M. B ad ord, Es ire Attorney for Plaintiff AID WAVIT OF SERVICE PLAMItEFF BAND OF NEW YORK AS TRUSTEE FOR T$E CEYLTIiFICATEHOLD OF CWABS 2005:BC3 BEFENDAN (S) BRIAN 3. SCHRBIN9, AWA BRIAN $. SCHREINER KFATEUM L. SCEMMO Yt URVE BRIAN S. SCAR, AWA BRIAN H. SC YNM AT 3507 COUNTRYSME LANE CAMP JUL4 PA 17011 SERV1# C BRI.AND CQUNIY No. 064$043M TFRM ACCT. ON &W37 Tn,,fActloa tS# 143JCo - Noftoce of Sharma Bak Bak Date: JUNX 13,2W7 Sarvpd aAd made ktwwn to ? f ` ? 4n S . 5 c h r e ? n e? ?? oa the ,p dsy oft 61Y.? g n 2042 o'dockLm.,nt 35-0-7 eoun s,'de C4 'le - - e=ammomrealth ofPmnsYlvu,ia, in the manner de+scnlW below: --ZDAndaat Aeirmazliy waved.. Aduk nnfly amber with whom DMOdaWs) tesido(s). Name attd Ae1 hiA Adult in charge of Defendent(a)'s rsskk= who re ieW to giVG name W NWor a6ip. MaROW/Clerk of PhW of lodgutg in which Defeunt(s) ride(s), -`g'am °r i In ergo of Dd=dant(s)'a ofioe or umW place of buaW=. Other. an officer of said be pKs)'o compow. Dcscripdon: Age r D° il?? -?- Weight ZYo Rsee {?J -Sex /i4 Qtber s I ply 'd ab ts' a boWgdalys, , aww*ft to law, a true and owred copy ofthe >] .4f SheriB's a!e in the Emm as get bor, sued In the depose tand stage tioned CadW handed the address indicated above. e, issue an the date and at to and mbacpW me this day LZ 200„17( j \ Igb'f SKKVSCE AT LSASP 3 MEL MDICA19 DATES & T;? OF SEYI'ir1CB A State or New Jersey TTY. PATRICIA E. HARRIS NOT SERVED Commission Expi QfJune 16, 2008 y 200, at _.T,_ o'clock _„m%., I)etimdent !V'OrT FOUND because: Moved Unknown - No Answer Vacant 1'r Attempt: / I Time: 2" Attempt: / I Time: 3rd Att mpt;. Sworn to and 3011not it befibm me this day of? 200 Notary: BY Damid G. fthmbg, Figa;re - LD. Iva. 62205 G z ,? ,?` ? z .. fly` `?` ?j.i ?? , _ © ? -: `mot.' ,. r ?:.? ?? . f_ / ? ,_ ? _ ?+J T ??f' _?? «.? ? ` ?.f C.1? ''C AnWAM OF SERVICE pLAMTOT "RK OF NM YOUK AS TitUSTEE FOR THE CERMCATIMOLDMS OF CWARS 20WBM SC AIV'Y',7 BRYAN S. 5 AWA BRIAN It REATIYER I., SC$RETN$R SERVE MA'Y Y; SCE AT 3507 COUN PRYME LANE CAW BIUL FA 17011 CUMBERLAND COUNTY No. 06-65MC , TE1tM ACCT. 37 e Type afAetion HS# IqS - Nonce of MWWS Saje Bab DNk'JUNE 13, 2007 SERV$D sowed and Made known to P her - t? i "^ - Ddaxh #. on the 1 2??At '5'S o'atock ---?,-. dsy of I<bnc,q?y 050awnw"kh of Pesmsyivmk m t* manner delarilm! below; personally servoed. Adult wily Member wj& whom Aafuinmt(s) Vie), Name and A"onghip is A dull in dwV do of s)?a naldelm Vft rued to >i. e or ;?4 Sb?,rol _ Agent or person , Ph" Of ? in whJ& (:) mid*). dmW of mss) s oface or usual ph= of business. _ An officer of said De s)?s oompnW. p : A$ 1r-gSgS" 2 ?1 Re?ht?_ 1VWW 2 10 Race. -^ Sex Older 11*? Robep-fS persaoally bAaded $ true a com"" °d duly MM a0= ft to low, depose and state tbat i csptioned afore on tho dft and at the !nab in the man= as aet fte h,.wn, it,s„W in the above. to and suljY? b of 200. AA, ?-qc:2aj .?_w a^.,* Public ' 8MVWR AT ZZ"T?RW1C?TE DA MM VICL .`4eC-' 01? S$R State Of New Jersey PATRICIA E, HARRIS NOT SERVSD On mission Expires une 16 .??, daY o}< 2008 200_, at a'clodc ?,my OdmWent NOT FOUND Moved becaiaw - Unknown -- No Answer Vacant I" Attempts Time: 3rd Attempt. ._/ I?me: SWOM to and subactA d be:fnre rm this of200, Notary By: David G. SlehAft Esquire Lb. No. 62m 2°u Attempt: low? N C C13 f l Y 1 C-n W APR 87 2007 #?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Bank of New York As Trustee for the Court of Common Pleas Certificateholders of CWABS 2005-BC3 Plaintiff Civil Division vs. Cumberland County Brian S. Schreiner No. 06-6583 CIVIL TERM A/K/A Brian H. Schreiner Heather L. Schreiner Defendants RULE AND NOW, this day of 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. . .rJ'1 Rule Returnable on the day of 2007, at?'? in the lVi'dih Courtroom of the Cumberland County Courthouse, Carlisle ennsylvania. J. 3 1 ! :1 WJ Z?- AIW LOOZ "d _IHI jO ?t?r?.?.11?1J'r'? ! tJt:; as 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 Bank of New York As Trustee for the Certificateholders of CWABS 2005-BC3 Plaintiff vs. Brian S. Schreiner A/K/A Brian H. Schreiner Heather L. Schreiner Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 06-6583 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of June 6, 2007 was sent to the following individual on the date indicated below. Brian S. Schreiner A/K/A Brian H. Schreiner Heather L. Schreiner 3507 Countryside Lane Camp Hill, PA 17011 DATE: Phelan Hallinan LLP B: Zieg, Michele'M. Brddfbh?,-Esquire Attorney for Plaintiff r`"'; N 1 `_`F ---j T -r? " ' -? G :; r?-- -, - - -? ..:?,? -= i" - . ?? .. =?. ?a • _. ..,-? 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 Bank of New York As Trustee for the Certificateholders of CWABS 2005-BC3 Plaintiff vs. Brian S. Schreiner A/KJA Brian H. Schreiner Heather L. Schreiner Defendants PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 06-6583 CIVIL TERM Plaintiff hereby withdraws its Motion to Reassess Damages, filed on April 26, 2007 in the above referenced action. ela4ifl-- Date tinorney ror riamuir l 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 Bank of New York As Trustee for the Certificateholders of CWABS 2005-BC3 Plaintiff VS. Brian S. Schreiner A/K/A Brian H. Schreiner Heather L. Schreiner Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County No. 06-6583 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. Brian S. Schreiner A/K/A Brian H. Schreiner Heather L. Schreiner 3507 Countryside Lane Camp Hill, PA 17011 a? Date Michele . a__ s E's'quire Attorney for Plaintiff o - s_r, r .: -? „ co 4 o rri Bank of New York, as Trustee for Certificate In The Court of Common Pleas of Holders of CWABS 2005-BC3 Cumberland County, Pennsylvania VS Writ No. 2006-6583 Civil Term Brian S. Schreiner a/k/a Brian S. Schreiner and Heather L. Schreiner Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 23, 2007 at 1928 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Brian S. Schreiner a/k/a Brian H. Schreiner and Heather L. Schreiner, by making known unto Brian S. Schreiner, personally and husband of Heather L. Schreiner, at 3507 Countryside Lane, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2007 at 1221 hours he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Brian S. Schreiner a/k/a Brian H. Schreiner and Heather L. Schreiner located at 3507 Countryside Lane, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Brian S. Schreiner a/k/a Brian H. Schreiner and Heather L. Schreiner, by regular mail to their last known address of, 3507 Countryside Lane, Camp Hill, PA 17011. These letters were mailed under the date of April 3, 2007 and never returned to he Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of instruction from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 4,142.50 Advertising 15.00 Posting Handbills 15.00 Mileage 28.80 Levy 15.00 Surcharge 30.00 Prothonotary 1.00 Law Library .50 Ue- 59s / r 4, igsFF-41 Share of Bills 16.17 Law Journal 467.00 Patriot News 423.98 n$5,184.95 So Answers: R. Thomas Kline, Sheriff BY J Real Estate rgeant i BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-BC3 Plaintiff, v. BRIAN S. SCHREINER, A/K/A BRIAN H. SCHREINER HEATHER L. SCHREINER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6583-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005- BC3, 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,3507 COUNTRYSIDE LANE, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BRIAN S. SCHREINER, A/K/A BRIAN H. SCHREINER HEATHER L. SCHREINER 3507 COUNTRYSIDE LANE CAMP HILL, PA 17011 3507 COUNTRYSIDE LANE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 3507 COUNTRYSIDE LANE CAMP HILL, PA 17011 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. January 8, 2007 y DATE DANIEL G. S IEG, ES Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-BC3 Plaintiff, V. BRIAN S. SCHREINER, A/K/A BRIAN H. SCHREINER HEATHER L. SCHREINER Defendant(s). CUMBERLAND COUNTY No. 06-6583-CIVIL TERM January 8, 2007 TO: BRIAN S. SCHREINER, A/K/A BRIAN H. SCHREINER 3507 COUNTRYSIDE LANE CAMP HILL, PA 17011 HEATHER L. SCHREINER 3507 COUNTRYSIDE LANE CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 3507 COUNTRYSIDE LANE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriff s Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $194,064.19 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-BC3 (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 fmd 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 J LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows:. BEGINNING at a point on the westerly right-of-way line of Countryside Lane, a 50.00 foot wide right-of-way, which said point of beginning is located at the intersection of the westerly right-of-way line of Countryside Lane and the dividing line between Lots Nos. 114 and 115 on the Plan of Lots known as Countryside, Section (B); thence from said point of beginning along the dividing line between Lots Nos. 114 and 115 South 81 degrees 16 minutes West, a distance of 106 84 feet to a point on the easterly property line of Lot No. 105 on the aforesaid Plan of Lots; thence from said point along the easterly property line of Lot No. 105 North 08 degrees 44 minutes West, a distance of 89.55 feet to a point on the southerly property line of Countryside, Section (A); thence from said point along the southerly property line of Countryside Section (A) North 76 degrees 29 minutes East, a distance of 107.21 feet to a point on the westerly right-of- way line of Countryside Lane; thence from said point along the westerly line of Countryside Lane south 08 degrees 44 minutes East, a distance of 98.50 feet to a point, and place of BEGINNING. BEING Lot No. 115 on the Plan of Lots known as 'Countryside, Section (B), prepared by John C. Brilhart, dated December 4, 1973 and recorded on April 11, 1974 in Plan Book 25, Page 7. HAVING thereon erected a dwelling house being known and numbered as premises 3507 Countryside Lane, Camp Hill, Pennsylvania. BEING THE SAME PREMISES which Edward J. Genther, III and Barbara J. Genther, his wife, by deed dated And recorded in the Office of the Recorder of Deeds Office of Cumberland County, Pennsylvania in Deed Book , Page , Granted and conveyed unto Edward L Genther, III and Barbara J. Genther. The said Barbara J. Genther having passed away on November 8, 2002; thereby vesting sole title to Edward J. Genther, III by operation of law. BEING KNOWN AS: 3507 COUNTRYSIDE LANE. File #: 143368 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N006-6583 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-BC3, Plaintiff (s) From BRIAN S. SCHREINER, A/K/A BRIAN H. SCHREINER AND HEATHER L. SCHREINER (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 $194,064.19 L.L. $.50 Interest FROM 1/8/07 TO 6/13/07 (PER DIEM - $31.90) - $4,976.40 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $138.32 Other Costs Plaintiff Paid Date: JANUARY 12, 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 ru" 99 fug Real Estate Sale # 10 On January 25, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 3507 Countryside Lane, Camp Hill, Hampden Township, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 25, 2007 By: Real Estate Sergeant L tl :Z d Z I NVr U01 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 20, 27 & May 4, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ' " ?. e- 2 /,/-/- , i arie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 4 day of Mgy, 2007 NOTARIAL SEAL " LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 20©9 REAL ESTATE SALE NO. 10 Writ No. 2006-6583 Civil Bank of New York, as Trustee for Certificate Holders of CWABS 2005-BC3 vs. Brian S. Schreiner a/k/a Brian H. Schreiner and Heather L. Schreiner LEGAL DESCRIPTION ALL THAT CERTAIN tract or Par- cel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumber- land and Commonwealth of Penn- sylvania, more particularly descri- bed as follows: BEGINNING at a point on the westerly right-of-way line of Coun- tryside Lane, a 50.00 foot wide right-of-way, which said point of beginning is located at the Intersec- tion of the westerly right-of-way line of Countryside Lane and the divid- ing line between Lots Nos. 114 and 115 on the Plan of Lots known as Countryside, Section (B); thence from said point of beginning along the dividing line between Lots Nos. 114 and 115 South 81 degrees 16 minutes West, a distance of 106 84 feet to a point on the easterly property line of Lot No. 105 on the aforesaid plan of Lots; thence from said point along the easterly prop- erty line of Lot No. 105 North 08 degrees 44 minutes West, a distance of 89.55 feet to a point on the south- erly property line of Countryside, Section (A); thence from said point along the southerly property line of Countryside Section (A) North 76 degrees 29 minutes East, a distance of 107.21 feet to a point on the westerly right-of-way line of Coun- tryside Lane; thence from said point along the westerly line of Country- side Lane south 08 degrees 44 min- utes East, a distance of 98.50 feet to a point, and place of BEGINNING. BEING Lot No. 115 on the Plan of Lots known as 'Countryside', Sec- tion (B), prepared by John C. Brilhart, dated December 4, 1973 and recorded on April 11, 1974 in Plan Book 25, Page 7. HAVING thereon erected a dwelling house being known and numbered as premises 3507 Countryside Lane, Camp Hill, Pennsylvania. BEING THE SAME PREMISES which Edward J. Genther, III and Barbara J. Genther, his wife, by deed dated And recorded in the Office of the Recorder of Deeds Office of Cumberland County, Penn- sylvania in Deed Book , Page Granted and conveyed unto Edward J. Genther, III and Barbara J. Genther. The said Barbara J. Genther having passed away on November 8, 2002; thereby vesting sole title to Edward J. Genther, III by operation of law. BEING KNOWN AS: 3507 COUN- TRYSIDE LANE. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#10 Z ........ ........... c .................. Sworn to and subscribed before me this 18th day of May 2007 A.D. Notarial Seal 4M.. L Russell, Notary Public Hanisburg, Dauphin County iss Ares June 6, 20110 n nip Associaf ota CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ,-0 ?`? ? r?MlMhs ift= illl=wmli?? Far. #> AIL ItIW ` it FVcd of'W F d ale ditlkyy of a na ?e ?y '? y n?1`a??is of-way tint &Vwog be ttmatta wwr, lF,tt "ft of tt 1Nrdte r? n? l??r.1?6 ? II a?i+f?R?tn a b No of *4 the -4* pop"Ou Of ebt-0f-¦ag'lixde COOOOPWAAM; thence hm said g*, *ft t*, tiietlWg l se of Ime aatl$9t3 OWm 44 mires fast, a dieEaoco 019M*O to a poit* and plow of . BEI*G Lot No. 115 on t e Elan of Lou b m as 'Coomtysitte', Se tt ,' by 3clm C Rdbt, doled Dcwat 1 Yw! teawded oa-April 11, aloe Wft `kom aad 4ide lap, L