Loading...
HomeMy WebLinkAbout07-0155PHELAN 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 146776 COUNTRYWIDE HOME LOANS, INC. COURT OF COMMON PLEAS 7105 CORPORATE DRIVE PLANO, TX 75024 CIVIL DIVISION Plaintiff TERM 1l NO. 0.7 - IS' 5 CJ CUMBERLAND COUNTY HAROLD E. DEARDORFF, JR. 1294 BRANDT ROAD MECHANICSBURG, PA 17055 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 #: 146776 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 #: 146776 Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: HAROLD E. DEARDORFF, JR. 1294 BRANDT ROAD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 67/24/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MADISON EQUITY CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1961, Page: 940. 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 09/01/2006 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 #: 146776 6. The following amounts are due on the mortgage: Principal Balance $146,250.00 Interest 7,515.48 08/01/2006 through 01/08/2007 (Per Diem $46.68) Attorney's Fees 1,250.00 Cumulative Late Charges 289.44 07/24/2006 to 01/08/2007 Cost of Suit and Title Search 550.00 Subtotal $ 155,854.92 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 155,854.92 9 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 $ 155,854.92, together with interest from 01/08/2007 at the rate of $46.68 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. L ALLINAN& SCHMIEG LLP By: Hj /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 146776 LEGAL DESCRIPTION THE FOLLOWING DESCRIBED REAL PROPERTY SITUATE IN THE TOWNSHIP OF MONROE, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, TO WIT: BEGINNING AT A POINT IN THE PUBLIC ROAD AND AT THE EASTERN LINE OF A 16 FEET WIDE ALLEY AS SHOWN ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE LINE OF SAID ALLEY NORTH 12 DEGREES EAST 101 FEET TO A POINT; THENCE FURTHER ALONG THE LINE OF SAID ALLEY NORTH 18 DEGREES 09 MINUTES WEST 78.3 FEET TO A POINT AT THE SOUTHERN LINE OF A 16 FEET WIDE ALLEY AS SHOWN ON SAID PLAN OR LOTS; THENCE ALONG THE SOUTHERN LINE OF SAID LAST MENTIONED ALLEY SOUTH 78 DEGREES EAST 189.5 FEET TO THE LINE OF LOT NO. 12 ON SAID PLAN THENCE ALONG THE LINE OF SAID LOT NO. 12 SOUTH 12 DEGREES WEST 167 FEET TO A POINT IN THE AFORESAID PUBLIC ROAD; THENCE ALONG SAID ROAD NORTH 78 DEGREES WEST 150 FEET TO A POINT IN SAID ROAD AT THE PLACE OF BEGINNING. BEING LOTS NOS. 9, 10 AND 11 ON A PLAN OF LOTS CALLED ALLEN HEIGHTS RECORDED IN CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 3, PAGE 102. HAVING THEREON SITUATE A 1967 SKYLINE TRAILER 12 FEET BY 50 FEET, TITLE NO. B00583876, VEHICLE I.D. 450197612P. TAX ID #: 22-28-240 3-003 BY FEE SIMPLE DEED FROM QUAY E. BROCIOUS, JR. AND GAIL M. BROCIOUS, HUSBAND AND WIFE AS SET FORTH IN DEED BOOK 244, PAGE 368 AND RECORDED ON 5/9/2001. THE SOURCE DEED AS STATED ABOVE IS THE LAST RECORD OF VESTING FILED FOR THIS PROPERTY. THERE HAVE BEEN NO VESTING CHANGES SINCE THE DATE OF THE ABOVE REFERENCED SOURCE. 1891583VT PROPERTY BEING: 1294 BRANDT ROAD File #: 146776 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: ? rA C/I a T C7 rv ca x?• O i? ot-3 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Countrywide Home Loans, Inc. Plaintiff VS. Harold E. Deardorff, Jr. Defendant COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07-155-Civil Term 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, Harold E. Deardorff, Jr., by first class mail and certified mail to the mortgaged premises, 1294 Brandt Road, Mechanicsburg, PA 17055, and in support thereof avers the following: 1. Attempts to serve Defendant, Harold E. Deardorff, Jr., with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 1294 Brandt Road, Mechanicsburg, PA 17055. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", this property consists of two apartments but the Defendant does not reside in either. 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 February 13, 2007 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the Defendant(s) 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, Z.egg, Schmieg, L.L.P. ;Dame ;EsquIrAttorney for Plaintiff Date: February 13, 2007 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Countrywide Home Loans, Inc. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION VS. CUMBERLAND COUNTY NO. 07-155-Civil Term Harold E. Deardorff, Jr. Defendant MEMORANDUM OF LAW Pa. R.C.P. 430(a) specifically provides: If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs return of 'Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. Dame g, Esquire Attorney for Plaintiff Date: February 13, 2007 E??b?+ ? SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00155 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS DEARDORFF HAROLD E JR 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 DEARDORFF HAROLD E JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT DEARDORFF HAROLD E JR 1294 BRANDT ROAD MECHANICSBURG, PA 17055 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. THERE ARE TENANTS IN 2 APARTMENTS AT THIS ADDRESS. Sheriff's Costs: So answ Docketing 18.00 Service 9.68 4 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 42.68 PHELAN HALLINAN SCHMIEG 01/16/2007 Sworn and Subscribed to before me this day of , A. D. r r FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 146776 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Harold Deardorff Property Address: 1294 Brandt Road, Mechanicsburg, PA 17055 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 Harold Deardorff - 210-42-xxxx B. EMPLOYMENT SEARCH Harold Deardorff - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Harold Deardorff reside(s) at: 1294 Brandt Road, Mechanicsburg, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Harold Deardorff. B. On 12-27-06 our office made several telephone calls to the phone number (717) 938-2919 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 12-27-06 our office made a phone call in an attempt to contact Keith M. Schmidt (717) 258-5957,1280 Brandt Road, Mechanicsburg, PA 17055: spoke with an unidentified male who could not confirm that the subject reside(s) at 1294 Brandt Road, Mechanicsburg, PA 17055. On 12-27-06 our office made several phone calls in an attempt to contact Stephen L. Foreman (717) 258-6154,1282 Brandt Road, Mechanicsburg, PA 17055: no answer. On 12-27-06 our office made a phone call in an attempt to contact Nester Enterprises (717) 258-6175,1286 Brandt Road, Mechanicsburg, PA 17055: spoke with an unidentified female who could not confirm that the subject reside(s) at 1294 Brandt Road, Mechanicsburg, PA 17055. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 12-27-06 we reviewed the National Address database and found the following information: Harold Deardorff -1294 Brandt Road, Mechanicsburg, PA 17055. 00 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 Harold Deardorff. VI. OTHER INQUIRIES A. DEATH RECORDS As of 12-27-06 Vital Records and all public databases have no death record on file for Harold Deardorff. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Harold Deardorff residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Harold Deardorff -12-1966 B. A.K.A. Harold E. Deardorff * 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. J 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 hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unworn falsification to authorities. a?- NOTARIAL SEAL NORA M. FERRER, Notary Pabit AFFIANT - Brendan Booth C* of pt&Mphia Ph& r Full Spectrum Legal Services, Inc. N k-6lGc.M Sworn to and subscribed before me this 27th day of December, 200 . The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND 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 Hall' & Schmieg, L.L.P. Dame ieg, Esquire Attorney for Plaintiff Date: February 13, 2007 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Countrywide Home Loans, Inc. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. Harold E. Deardorff, Jr. CUMBERLAND COUNTY Defendant NO. 07-155-Civil Term 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(s) as indicated below by first class mail, postage prepaid, on the date listed below. Harold E. Deardorff, Jr. at: 1294 Brandt Road Mechanicsburg, PA 17055 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. By: .e , Esquire Attorney for Plaintiff Date: February 13, 2007 Q c' + -n M gm r F cn -c ri P T <_ -Tj =i 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 COUNTRYWIDE HOME LOANS, INC. Plaintiff VS. HAROLD E. DEARDORFF, JR. Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY No. 07-155-CIVIL TERM 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: February 13, 2007 PHELAN HALLINAN & SCHMIEG, LLP By: S F NCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff File# 146776/jmr, Svc Dept. ° a v- R O Countrywide Home Loans, Inc. : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Harold E. Deardorff, Jr., Defendant NO. 07-0155 CIVIL ORDER OF COURT AND NOW, this 23`d day of February, 2007, 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, Harold E. Deardorff, Jr., by: 1. First class mail to Harold E. Deardorff, Jr., at the mortgaged premises located at 1294 Brandt Road, Mechanicsburg, PA 17055; 2. Certified mail to Harold E. Deardorff, Jr., at the mortgaged premises located at 1294 Brandt Road, Mechanicsburg, PA 17055; 3. Posting on the mortgaged premises located at 1294 Brandt Road, Mechanicsburg, PA 17055 4. Service of all future pleadings may be done by First Class and Certified mail to the Defendant at the address listed above. Daniel Schmieg, Esquire Attorney for Plaintiff bas 2•.27.67 By the Court, fold C Z 83 4 LOOZ AbKO" H i ? 0 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 COUNTRYWIDE HOME LOANS, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. : CUMBERLAND COUNTY HAROLD E. DEARDORFF, JR. No. 07-155-CIVIL TERM Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMMG, LLP FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: March 15, 2007 1jmr, Svc Dept. File# 146776 O 5Sl °.a 3 t un L?7 x` Ir ,PHELAN HALLINAN & SCHMIEG LLP Ry: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Countrywide Home Loans, Inc. Plaintiff vs. Harold E. Deardorff, Jr. Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY : NO. 07-155-Civil Term 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 Harold E. Deardorff, Jr. at 1294 Brandt Road, Mechanicsburg, PA 17055, on March 15, 2007, in accordance with the Order of Court dated February 23, 2007. 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: March 15, 2007 5 FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff 7160 3901 9849 9378 3687 TO: HAROLD E. DEARDORFF, JR. i 1294 BRANDT ROAD MECHANICSBURG, PA 17055 e SENDER: JMR REFERENCE: t } PS Form 3800 Jena 2005 RETURN POO" RECEIPT Ce WW Fee SERVICE Realm ReoW Fee Restricted Delivery j Total Postage & Fees us Postal Service Receipt for Certified Mail 1 No 1118 9 Coverage Provided Do Not Use for kd matlaal Mai ---- - -------- - -------- - -- - ------------ - - f> P R 3 cn G? SHERIFF'S RETURN - NOT FOUND CASE'NO: 2007-00155 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS DEARDORFF HAROLD E JR 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 DEARDORFF HAROLD E JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , DEARDORFF HAROLD E JR 1294 BRANDT ROAD MECHANICSBURG, PA 17055 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. THERE ARE TENANTS IN 2 APARTMENTS AT THIS ADDRESS. So answ --? Sheriff's Costs: Docketing 18.00 Service 9.68 4 - Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 42 . 68? I' 00 Sworn and Subscribed to before me this day of A. D. PHELAN HALLINAN SCHMIEG 01/16/2007 1. 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 146776 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. HAROLD E. DEARDORFF, JR. 1294 BRANDT ROAD MECHANICSBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. n7^ISSO CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service . Cumberland County Bar As §,ocia6i i`..; ?)-' 'Y t, Iia 32 South Bedford StrW reCr Copy ? Q tru@ and Carlisle, (800)990 9 08I ?ri9'lnaI fl/ d0 the of re?rd Y E COPY F 0 GORD Tab"whm"?? ft N -? . ,,.,A„ File #: 146776 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 #: 146776 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: HAROLD E. DEARDORFF, JR. 1294 BRANDT ROAD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 67/24/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MADISON EQUITY CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1961, Page: 940. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2006 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 #: 146776 6. The following amounts are due on the mortgage: Principal Balance $146,250.00 Interest 7,515.48 08/01/2006 through 01/08/2007 (Per Diem $46.68) Attorney's Fees 11-250.00 Cumulative Late Charges 289.44 07/24/2006 to 01/08/2007 Cost of Suit and Title Search 550.00 Subtotal $ 155,854.92 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $ 155,854.92 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 155,854.92, together with interest from 01/08/2007 at the rate of $46.68 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHEL ALLINAN & SCHMIEG LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 146776 LEGAL DESCRIPTION THE FOLLOWING DESCRIBED REAL PROPERTY SITUATE IN THE TOWNSHIP OF MONROE, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, TO WIT: BEGINNING AT A POINT IN THE PUBLIC ROAD AND AT THE EASTERN LINE OF A 16 FEET WIDE ALLEY AS SHOWN ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE LINE OF SAID ALLEY NORTH 12 DEGREES EAST 101 FEET TO A POINT; THENCE FURTHER ALONG THE LINE OF SAID ALLEY NORTH 18 DEGREES 09 MINUTES WEST 78.3 FEET TO A POINT AT THE SOUTHERN LINE OF A 16 FEET WIDE ALLEY AS SHOWN ON SAID PLAN OR LOTS; THENCE ALONG THE SOUTHERN LINE OF SAID LAST MENTIONED ALLEY SOUTH 78 DEGREES EAST 189.5 FEET TO THE LINE OF LOT NO. 12 ON SAID PLAN THENCE ALONG THE LINE OF SAID LOT NO. 12 SOUTH 12 DEGREES WEST 167 FEET TO A POINT IN THE AFORESAID PUBLIC ROAD; THENCE ALONG SAID ROAD NORTH 78 DEGREES WEST 150 FEET TO A POINT IN SAID ROAD AT THE PLACE OF BEGINNING. BEING LOTS NOS. 9, 10 AND 11 ON A PLAN OF LOTS CALLED ALLEN HEIGHTS RECORDED IN CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 3, PAGE 102. HAVING THEREON SITUATE A 1967 SKYLINE TRAILER 12 FEET BY 50 FEET, TITLE NO. B00583876, VEHICLE I.D. #50197612P. TAX ID #: 22-28-240 3-003 BY FEE SIMPLE DEED FROM QUAY E. BROCIOUS, JR. AND GAIL M. BROCIOUS, HUSBAND AND WIFE AS SET FORTH IN DEED BOOK 244, PAGE 368 AND RECORDED ON 5/9/2001. THE SOURCE DEED AS STATED ABOVE IS THE LAST RECORD OF VESTING FILED FOR THIS PROPERTY. THERE HAVE BEEN NO VESTING CHANGES SINCE THE DATE OF THE ABOVE REFERENCED SOURCE. 1891583VT PROPERTY BEING: 1294 BRANDT ROAD File #: 146776 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 b, 1?„a 8 1 :c,.- u u - NIvT L(4I1 a 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 COUNTRYWIDE HOME LOANS, INC. 1705 COROPORATE DRIVE PLANO, TX 75024 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION V. HAROLD E. DEARDORFF, JR. Defendant(s). NO. 07-155-CIVIL TERM 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 HAROLD E. DEARDORFF, JR. _, 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 $155,854.92 Interest from 01/09/07 to 04/25/07 $4,994.76 TOTAL $160,849.68 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 ?,37.1, copy attached. , DANIEL Gy SCHMIEG, ES Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ?f ;LW - li.^Zm? - PRO ROTHY 146776 w 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 COUNTRYWIDE HOME LOANS, INC. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY HAROLD E. DEARDORFF, JR. Defendant :NO. 07-155-CIVIL TERM TO: HAROLD E. DEARDORFF, JR. 1294 BRANDT ROAD , F I L LT MECHANICSBURG, PA 17055 DATE OF NOTICE: APRIL 11, 2007 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. HALL AN, 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 COUNTRYWIDE HOME LOANS, INC. 1705 COROPORATE DRIVE V. Plaintiff, HAROLD E. DEARDORFF, JR. Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-155-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 HAROLD E. DEARDORFF, JR. is over 18 years of age and resides at, 1294 BRANDT ROAD, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ANIEL G. SCHMIEG, ESQ Attorney for Plaintiff O Cri OP ^a IFS) m J C- co 0 . , a (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. 1705 COROPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. HAROLD E. DEARDORFF, JR. Defendant(s). CIVIL DIVISION NO. 07-155-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 2002. By: If you have any questions concerning this matter, please contact: 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." 4 ,1-11 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. HAROLD E. DEARDORFF, JR. Defendant(s). No. 07-155-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 04/25/07 to SEPTEMBER 5, 2007 (per diem -$26.44) $160,849.68 $3,516.52 and Costs TOTAL $166,322.13 r B n it ? , VANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Stati n 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold-in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 146776 d Od w 00 U pG A ? d o? H? ?v z d 0 x A 0 z O r w ? O w° d y o tx+ W d 0 00 a a Y r Y C V t y + y v a a ?. ci 7 C,4 LO ti i Q V) in a r- d a -cj 00 a? d a Z ? J ?, c 4 1.# 64-2307391ir Sorraw r(s) T)EARD0k,", HAROLD Exldblt •A' THE FOLLC?VVEI O DESCMED REAL PROPERTY SITUATE IN THE TOWNSHIP OF I 3 OE, C0tWTY OF CUMBERLAND, AND COMMONWEALTH OF PM4N$YL:VAXM,,. TOiVIT 1) Vested by Special Warranty Deed, dated 05104/2001, given by Quay E. Brocious, Jr. and Gail M. Brocious, husband and wife to Harold E. Deardorff, Jr. and recorded 5/9/2001 in Book 244 Page 368 Instrument # 2001- 013346 Real Property Owner. Harold E. Deardorff, Jr. PREMISES BEING 1294 BRANDT ROAD MECHANICSBURG, PA 17055 PENNSYLVANIA PARCEL #: 22-28-2403-003 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-155 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From HAROLD E. DEARDORFF, JR. (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 $160,849.68 L.L. $.50 Interest FROM 4/25/07 TO 9/5/07 (PER DIEM - $26.44) - $3,516.52 AND COSTS Atty's Comm % Atty Paid $179.40 Plaintiff Paid Due Prothy $2.00 Other Costs Date: APRIL 27, 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 -4 C is R. Long, P o By: Deputy Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. HAROLD E. DEARDORFF, JR. Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-155-CIVIL TERM 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. 0J, DANIEL G. SCHMIEG,'ES(?? Attorney for Plaintiff N nIr- .?? -MM --I) Q COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. HAROLD E. DEARDORFF, JR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-155-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, 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 1294 BRANDT ROAD, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name HAROLD E. DEARDORFF, JR. Last Known Address (if address cannot be reasonably ascertained, please indicate) 1294 BRANDT ROAD MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1294 BRANDT ROAD MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unslrn falsification to authorities. April 25, 2007 DATE ANIEL G Attorney for Plaintiff C`7 0 ? o -s! r> - n rxl F. rn T rte. W ? -j G V, COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. HAROLD E. DEARDORFF, JR. Defendant(s). CUMBERLAND COUNTY No. 07-155-CIVIL TERM April 25, 2007 TO: HAROLD E. DEARDORFF, JR. 1294 BRANDT ROAD MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 1294 BRANDT ROAD, MECHANICSBURG, PA 17055, 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 $160,849.68 obtained by COUNTRYWIDE HOME LOANS, 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 Awo- rer(s), DEARDORFF, H "OLD Ex dbit'A? THE VOLLOwWa DESCRMD REAL PROPERTY SITUATE IN THE TOWNSHIP OF MO ROE, GOt NTY OF CUMBERLAND, AND'COMMONWEALTH OF PLNl YLvANLA, TO` NIT BEGMINO ATA POST I TM PUBLIC ROAD AT THE EASTERN LINK OF A 1,6 VUBT E ALLEY AS SHOW ON THE HERMAF'M M MI71LINM PLAN OF LOTS; THW1rE ALONG T L OF SAID ALLEY NORTH 11 DEGREES EAST 101 FEET TO POD. M-4 TCE F[7tI,R ALONG TIM - LINE OF SALE ALLEY NQRTH t8 GREE$ 09 `NMM$ *'M-79.3 FEET TO A POINT AT TIM SOT ERN LINE OF A ;t6 F.Sa WIDE.ALLn AS SHOWN ON S. PLAN OF LOTS„ TFIENrX ALONG THE 01 T ;I LINE. BAIL LAST M I O D ALLEY. OUM'78 DEGREES FAST UO VEET TO T . L OF GAT NO. 12 ON SAID .PLAN TI NCE ALONN n [E LINE OP SA-ED ?LOryTING, 12 $0XT M 12 DEGMS WWr 167 FEES" TO A kOMT.IN THE AI?OI I7 IC O}A 'y TMIEN C-E ALONG SAID READ NORTIi 78 D 128 WEST 150 PEEP" TO A PO TS SAID AD AT THE -PLACE OF BEtiINT G. 1) Vested by Special Warranty Deed, dated 05/04/2001, given by Quay E. Brocious, Jr. and Gail M. Brocious, husband and wife to Harold E. Deardorff, Jr. and recorded 5/9/2001 in Book 244 Page 368 Instrument # 2001- 013346 Real Property Owner. Harold E. Deardorff, Jr. PREMISES BEING 1294 BRANDT ROAD MECHANICSBURG, PA 17055 PENNSYLVANIA PARCEL #: 22-28-2403-003 rl-a - n ? T,' { n r- ? ? ' N ? a J , C-- l s co SHERIFF'S RETURN - REGULAR CASE NO: 2007-00155 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS DEARDORFF HAROLD E JR VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DEARDORFF HAROLD E JR DEFENDANT the at 1432:00 HOURS, on the 21st day of March , 2007 at 1294 BRANDT ROAD MECHANICSBURG, PA 17055 by handing to POSTED PROPERTY AT 1294 BRANDT ROAD MECHANICSBURG 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: Docketing 18.00 Service 6.72 Posting 6.00 Surcharge 10.00 .00 7?ay?d p 4 0. 7 2 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 03/22/2007 PHELAN HALLINAN SCHMIEG By _ / Deputy Sheriff--- A. D. 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 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. HAROLD E. DEARDORFF, JR. Defendant(s). Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-155-CIVIL TERM 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 HAROLD E. DEARDORFF, JR. on APRIL 26, 2007 at 1294 BRANDT ROAD, MECHANICSBURG, PA 17055 in accordance with the Order of Court dated FEBRUARY 23, 2007. The property was posted on MAY 18, 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 1AALLINAN & SCHMIEG, LLP By: DANIEL G. S HMIE ,ESQUIRE Dated: June 15, 2007 ? l 7-1L-Jj 3901 4644 4379 45M - TO: HAROLD E. DEARDORFF, JR. 1294 BRANDT ROAD MECHANICSBUR , PA 17055 TEAM4/AXA SENDER: REFERENCE: 144159624 PAIGE PS Form 3800 Jammm.2005 i RETURN Postage .39 RECEIPT Certified Fee i SERVICE . Retum Receipt Fee Restricted Delius i TCfel Postage do Fees US Postal Service Receipt for 6„?1 Certified Mail ??- Countrywide Home Loans, Inc. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Harold E. Deardorff, Jr., : Defendant NO. 07-0155 CIVIL ORDER OF COURT AND NOW, this 23rd day of February, 2007, 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, Harold E. Deardorff, Jr., by: 1. First class mail to Harold E. Deardorff, Jr., at the mortgaged premises located at 1294 Brandt Road, Mechanicsburg, PA 17055; 2. Certified mail to Harold E. Deardorff, Jr., at the mortgaged premises located at 1294 Brandt Road, Mechanicsburg, PA 17055; 3. Posting on the mortgaged premises located' at 1294 Brandt Road, Mechanicsburg, PA 17055 4. Service of all future pleadings may be done by First Class and Certified mail to the Defendant at the address listed above. M. L. Ebert, Jr., Daniel Schmieg, Esquire Attorney for Plaintiff bas TWE COPY FROM Rr4ORV ? whereof, I here t w set .7 h.. d eat: of s aid Cou at Cafft, p. Ay 0 ?thogollKrv By the Court, i AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) HAROLD E. DEARDORFF, JR. POST PREMISES WITH NOTICE OF SALE: "Please post premises with Notice of Sheriffs Sale per court order" 1294 BRANDT ROAD MECHANICSBURG, PA 17055 SERVED CUMBERLAND COUNTY No. 07-155-CIVIL TERM ACCT. #146776 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 5, 2007 Served and made known to 4&66W C . D eaY iADT t t jr- Defendant, on the day of Mme , 2001, at (Old() o'clock k-m., at 1 ¢ B ra-K {- k12cfia0%!e 5 h u tS , 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 bo Dy uT-p mm t SeS Vi L,% e p - he& .5 Sc1\ - Descripjtiioon: Age p Height Weight Race Sex Other I, I?6N 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 Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Swo and subset 5e is of 200 _ Notary- By: SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. w,. aew Jersey c RAI'i i, it" E. HARRIS NOT SERVED On memmission Expjres day or June 16, 2008 , 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of . 200 . Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 1 N 1 ? .. J rT1 i?.J PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Court of Common Pleas vs. Plaintiff : Civil Division : Cumberland County Harold E. Deardorff, Jr. No. 07-155-CIVIL TERM 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 January 9, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A» 2. Judgment was entered on April 27, 2007 in the amount of $160,849.68. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on 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. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $146,250.00 Interest Through 9/05/07 18,388.57 Per Diem $46.04 Late Charges 217.08 Legal fees 1,925.00 Cost of Suit and Title 778.43 Sheriffs Sale Costs 0.00 Property Inspections 102.50 Appraisal/Brokers Price Opinion 0.00 Mortgage Ins. Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 0.00 TOTAL $167,661.58 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 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 Defendant on August 8, 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 "C". 10. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that Judge Ebert entered an order for special service dated February 23, 2007 . WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Dater 4hean llinan & Sc eg, LLP By: . EB ord.Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Court of Common Pleas Plaintiff vs. Civil Division Cumberland County Harold E. Deardorff, Jr. No. 07-155-CIVIL TERM 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 1294 Brandt Road, Mechanicsburg, PA 17055. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the 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 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 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 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 Shoppm Cg 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: U"i Phelan Hallinan & Schmie , LLP By: M chele M. B ad or ,Esquire Attorney for Plaintiff Exhibit "A" PHELAN 1 ALLINAN & 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 146776 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. HAROLD E. DEARDORFF, JR. 1294 BRANDT ROAD MECHANICSBURG, PA 17055 C!> -' j. U ca ? ATTORNEY FOR PLAM19 F "- COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. W1- 1&5 CUMBERLAND COUNTY Defendant r . PLEd??? COPY CIVIL ACTION - LAW RETUM !QOMPJ.AINT 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 finther 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 AT rowikY FILL copy )p PLEASE FiMFW i "10 true and OB 1? e #41jmn U Ord of th COPY tled of te?td V` Qrg%a 1? File #; 146776 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 #: 146776 Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: HAROLD E. DEARDORFF, JR. 1294 BRANDT ROAD MECHANICSBURG, PA 17055 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/24/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MADISON EQUITY CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1961, Page: 940. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09101/2006 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. Ric *: 146776 6. The following amounts are due on the mortgage: Principal Balance $146,250.00 Interest 7,515.48 08/01/2006 through 01/08/2007 (Per Diem $46.68) Attorney's Fees 1,250.00 Cumulative Late Charges 289.44 07/24/2006 to 01108/2007 Cost of Suit and Title Search 550.00 Subtotal $ 155,854.92 Escrow Credit 0.00 Deficit 0.00 Subtotal .00 TOTAL $ 155,854.92 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in mm Judgment against the Defendant(s) in the sum of $ 155,854.92, together with interest from 01/08/2007 at the rate of $46.68 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHEL ALLINAN & SCHMIEG LP By. S. inan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File If: 146776 LEGAL DESCRIPTION THE FOLLOWING DESCRIBED REAL PROPERTY SITUATE IN THE TOWNSHIP OF MONROE, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, TO WIT: BEGINNING AT A POINT IN THE PUBLIC ROAD AND AT THE EASTERN LINE OF A 16 FEET WIDE ALLEY AS SHOWN ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE LINE OF SAID ALLEY NORTH 12 DEGREES EAST 101 FEET TO A POINT; THENCE FURTHER ALONG THE LINE OF SAID ALLEY NORTH 18 DEGREES 09 MINUTES WEST 78.3 FEET TO A POINT AT THE SOUTHERN LINE OF A 16 FEET WIDE ALLEY AS SHOWN ON SAID PLAN OR LOTS; THENCE ALONG THE SOUTHERN LINE OF SAID LAST MENTIONED ALLEY SOUTH 78 DEGREES EAST 189.5 FEET TO THE LINE OF LOT NO. 12 ON SAID PLAN THENCE ALONG THE LINE OF SAID LOT NO. 12 SOUTH 12 DEGREES WEST 167 FEET TO A POINT IN THE AFORESAID PUBLIC ROAD; THENCE ALONG SAID ROAD NORTH 78 DEGREES WEST 150 FEET TO A POINT IN SAID ROAD AT THE PLACE OF BEGINNING. BEING LOTS NOS. 9, 10 AND I 1 ON A PLAN OF LOTS CALLED ALLEN HEIGHTS RECORDED IN CUMBERLAND COUNTY RECORDER`S OFFICE IN PLAN BOOK 3, PAGE 102. HAVING THEREON SITUATE A 1967 SKYLINE TRAILER 12 FEET BY 50 FEET, TITLE NO. B00583876, VEHICLE I.D. 450197612P. TAX ID #: 22-28-240 3-003 BY FEE SIMPLE DEED FROM QUAY E. BROCIOUS, ]R. AND GAIL M. BROCIOUS, HUSBAND AND WIFE AS SET FORTH IN DEED BOOK 244, PAGE 368 AND RECORDED ON 5/9/2001. THE SOURCE DEED AS STATED ABOVE IS THE LAST RECORD OF VESTING FILED FOR THIS PROPERTY. THERE HAVE BEEN NO VESTING CHANGES SINCE THE DATE OF THE ABOVE REFERENCED SOURCE. 1891583VT PROPERTY BEING: 1294 BRANDT ROAD File #: 146776 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: Exhibit "B" PHELAN HALLINAN & SCHMIEG, LL.P. By: DANIEL G. SCHNIIEG 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 COUNTRYWIDE HOME LOANS, INC. 1705 COROPORATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 07-155-CIVIL TERM HAROLD E. DEARDORFF, JR. ATTORNEY FILE Coer C= o Defendant(s). ? PLEASE RETUR r U3 d..' • ? .:C3 <l? iit- PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TQa o ANSWER AND ASSESSMENT OF DAMAGES C «> Srn TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against HAROLD E. DEARDORFF, JR, , 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: . ATTORNEY FILE copy As set forth in Complaint PLEASE REtU$155,854.92 Interest from 01/09/07 to 04/25/07 $4,994.76 TOTAL $160,849,68 I hereby certify that 0) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule,;?37.1, copy attached. ATTJRwEl FILE COPY ' uiu PLEASE RETURN ANIEL G. SCHMII Attorney for Plaintiff ES DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTI Y 146776 ?-? oP'NEy Flu. CO? r PC:cASE R&URR 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 August 8, 2007 Harold E. Deardorff, Jr. 1294 Brandt Road Mechanicsburg, PA 17055 RE: Countrywide Home Loans, Inc. vs. Harold E. Deardorff, Jr. Premises Address: 1294 Brandt Road, Mechanicsburg, PA 17055 Cumberland County CCP, No. 07-155-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 within 5 days, by Monday, August 13, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. le . ra fo , Esquire Eich For Phelan Hallinan & Schmieg, LLP Enclosure b y n' o n y w _r z y 0. ?o y ? O I n n m ?z A C b O ? ro 'G gy n y n z R 0 ^ n 6 .8 rW ? cam' wed 6n d n o.?1?- ovnAE on m'?c a? ? n 3 m n 3 y ? CL ? b c n b j o .a ?y p?y-3 O N j - In ^ ? o n o• ?0 0 W N O 4D oo ? rill A V Z O? h O L1. tD .r. 0 y ? ? Q ? ? U ? CC a c ? b y 'T A n C a a ? y 00 'tr a Q N b 0 n m 00 eos Pa. OP- qn+[r eoyves 02 1M $01 05 0 0004218010 AUG08 2003 a MAILED FROM ZIP CODE 19 103 (D Q ? A ? A y in Q. 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: )( 64 Ph an 11 & Sch i LP B: 'che a ra o , Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Plaintiff vs. Harold E. Deardorff, Jr. Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 07-155-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. Harold E. Deardorff, Jr. 1294 Brandt Road Mechanicsburg, PA 17055 DATE: V `1 -4 h Ya a c i g, LLP III I ICY By: cM. Bradfor , E uire Attorney for Plaintiff ff r> ?-_, C?? __ : ? _ " --} - ?i ; r.7 -, t.a ?. ,_ _ _ _. .. _.a ' : y, e: . - ,. r:{ ?:_! +'? ...d ? l ? COUNTRYWIDE HOME, LOANS, INC. PLAINTIFF V. HAROLD E. DEARDORFF, JR., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-0155 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, '*-? ?x \ `` M. L. Ebert, Jr., J. Michele M. Bradford, Esquire Attorney for Plaintiff Harold E. Deardorff, Jr. Defendant bas ``?. L 7Q :01 WV ILI SAV LOOZ AdvIi'l-?l;.,??,--?,??,,-,,,?':,Hi JO 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 Countrywide Home Loans, Inc. Court of Common Pleas Plaintiff VS. Harold E. Deardorff, Jr. Defendant : Civil Division : Cumberland County No. 07-155-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 September 7, 2007 was sent to the following individual on the date indicated below. Harold E. Deardorff, Jr. 1294 Brandt Road Mechanicsburg, PA 17055 DATE: ?j al)l v rhe AB??df eg, LLP B ache Squire Attorneyfor Plaintiff fir 7' ' v i c Fy : ;rey c? m crt cx? -t •' f _r 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 Countrywide Home Loans, Inc. Plaintiff VS. Harold E. Deardorff, Jr. Defendant PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County No. 07-155-CIVIL TERM Plaintiff hereby withdraws its Motion to Reassess Damages, filed on August 16, 2007 in the above referenced action. !D-te Mh M. Bradfor squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215 563-7000 Court of Common Pleas Countrywide Home Loans, Inc. Plaintiff : Civil Division VS. Harold E. Deardorff, Jr. Defendant : Cumberland County : No. 07-155-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. Harold E. Deardorff, Jr. 1294 Brandt Road Mechanicsburg, PA 17055 ny -- AAR- Michele M. Bradford, Esquire Date Attorney for Plaintiff N remit X- r n tt Fn t' J CD Countrywide Home Loans, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Harold E. Deardorff, Jr. Writ No. 2007-155 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 18, 2007 at 0906 hours, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Harold E. Deardorff, Jr., by posting the premises located at 1294 Brandt Road, Mechanicsburg, 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 13, 2007 at 2033 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 Harold E. Deardorff, Jr. located at 1294 Brandt Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Harold E. Deardorff, Jr., by regular mail to his last known address of 1294 Brandt Road, Mechanicsburg, PA 17055. This letter was mailed under the date of July 2, 2007 and was returned to the Sheriffs Office on July 5, 2007. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Law Library Prothonotary Mileage Levy Surcharge Posting Postpone Sale Law Journal Patriot News Share of Bills 30.00 17.73 15.00 15.00 .50 2.00 15.36 15.00 30.00 6.00 20.00 355.00 366.83 15.69 $ 904.11 V ,.:-lo 1,/6 7 , So Answers: R. Thomas Kline, Sheriff BY Real state ergeant ?ro u Zv /t-7 r COUNTRYWIDE HOME LOANS, INC. . Plaintiff, V. HAROLD E. DEARDORFF, JR. . Defendant(s). . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-155-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) COUNTRYWIDE HOME LOANS, 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 ,1294 BRANDT ROAD, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HAROLD E. DEARDORFF, JR. 1294 BRANDT ROAD MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1294 BRANDT ROAD MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsy?grn falsification to authorities. April 25, 2007 DATE DANIEL G. SCHMII Attorney for Plaintiff a COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. HAROLD E. DEARDORFF, JR. Defendant(s). CUMBERLAND COUNTY No. 07-155-CIVIL TERM April 25, 2007 TO: HAROLD E. DEARDORFF, JR. 1294 BRANDT ROAD MECHANICSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 1294 BRANDT ROAD, MECHANICSBURG, PA 17055, 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 $160,849.68 obtained by COUNTRYWIDE HOME LOANS, 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 46 Ldsin.A- 06x6. 3:4137A %or,roWer{s) (DEARDORFF, HAROLD Exhibit "A' THE FOLLOWING DESCRIBED REAL PROPERTY SITUATE IN THE TOWNSHIP OF MOI OE, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENIS MVANLk, TO WIT; DEt' MIND AT A POINT IN THE PUBLIC ROAD AT THE EASTERN LINE. OF A 16 'FEF,T" FIDE ALLEY AS SHOwN ON THEE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG TM L OF SAID ALLEY NORTH .12 DEGREES EAST 101 FLET TO A POT 'I , THENCE FURTIIER ALONG THE LINE OF SAID ALLEY NORTH 18 DE, GROS 09 MINUTES WEiBT 7&3 FEET TO A. POINT AT THE SOUTHER' LINE OF A 115 'FEa WIDE ALLEY AS SHOWN ON SAID PLAT OF LOTS; THENCE ALONG THE SOUTI RN LINE OF SAID LAST MENU ONEED ALLEY SOUTH 78 DEGREES EAST IMS FEET TC( . THE L OF LOT NO. 12 CAN SAID PLAN 'i`H8NCE ALONG THE LINE OF SAID LOT NO 12'80"UTH 12 DEGREES EST 167 FEET TO A POINT IN THE AFORESAID PUBLIC ROAA; "IHMWE ALONG SAID LOAD NORTH 78 DEGREES 'EST 150 FEET TO A POINT'IN SAID ROAD. AT THE PLACE AE BEGINNING. 1) Vested by Special Warranty Deed, dated 05/04/2001, given by Quay E. Brocious, Jr. and Gail M. Brocious, husband and wife to Harold E. Deardorff, Jr. and recorded 519/2001 in Book 244 Page 368 Instrument # 2001- 013346 Real Property Owner. Harold E. Deardorff, Jr. PREMISES BEING 1294 BRANDT ROAD MECHANICSBURG, PA 17055 PENNSYLVANIA PARCEL #: 22-28-2403-003 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-155 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From HAROLD E. DEARDORFF, JR. (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 $160,849.68 L.L. $.50 Interest FROM 4/25/07 TO 9/5/07 (PER DIEM - $26.44) - $3,516.52 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $179.40 Other Costs Plaintiff Paid Date: APRIL 27, 2007 By 1 Curti R. Long on to (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 P Real Estate Sale # 28 On May 3, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as 1294 Brandt Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 3, 2007 By: Real Estate Sergeant 0S :1 Ci I - , VNI LGQ7 09, 4. ! 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 #28 Faint 7?1` , 71" 'N f . . . .......... D% ... I . . ..... v VE Jr `i+4ivslrtVAivlR Sworn to and subscribed ugust 007, .D. j Terry L. Russell, Notary Public City of Harrisburg, Dauphin County My Commission Expires June 6, 2010 '40 er. P vlvanfa 4sswatinn mf Nn %10r NOT Y PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 , L09' - film 1 >l m± 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. REAL ESTATE SALE NO. 28 , Writ No. 2007-155 Civil ' Countrywide Home Loans, Inc. L1S Marie Coyne, ltor vs. Harold E. Deardorff, Jr. Atty.: Daniel Schmieg SWORN TO AND SUBSCRIBED before me this DESCRIPTION 3 day of August, 2007 Loan #:06-6-230737A. y Borrower(s): DEARDORFF, HAR- OLD. Exhibit `A' THE following described real Notary property situate in the Township of Monroe, County of Cumberland, and Commonwealth of Pennsylvania, to wit: BEGINNING at a point in the NOTARIAL SEAL public road at the eastern line of a DEBORAH A COLLINS 16 feet wide alley as shown on the "M Pub0c hereinafter mentioned plan of lots; CARLISLE BORO, CUMBERLAND COM41Y thence along the line of said alley MY Commis M Ezplres Apr 26. 2010 North 12 degrees East 101 feet to a point; thence further along the line of said alley North 18 degrees 09 minutes West 783 feet to a point at the southern line of a 16 feet wide ,a1ey_,a shnvm nn ,,a2id n1an f lots:_ Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff Court of Common Pleas : I Civil Division vs CUMBERLAND County HAROLD E. DEARDORFF, JR Defendant No. 07-155-CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Please m k t judgment(s) satisfied and the action settled, dis nued and ended. Date: PHELAN H AN & LLP By: Lawrence T. el , Esq., Id. No. 32227 Francis S. alli n, Esq., Id. No. 62695 Daniel G. mieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Splvack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua L Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 20837?- Ico , Allison F. Wells, Es Id. No. 309519 PHS# 146776 Attorneys for Plaintiff