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HomeMy WebLinkAbout07-2083PHELAN HALLINAN & SCHMIEG, LLP 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 152642 WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. PHILIP B. GOSHORN BRANDY N. MOODY 9 & 11 CORPORATION STREET NEWVILLE, PA 17241 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. d'`j -•20 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 152642 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 #: 152642 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 File #: 152642 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 #: 152642 1. Plaintiff is WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: PHILIP B. GOSHORN BRANDY N. MOODY 9 & 11 CORPORATION STREET NEWVILLE, PA 17241 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/05/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCAS A NOMINEE FOR SLM FINANCIAL CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1950, Page: 3315. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 12/01/2006 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 #: 152642 6 The following amounts are due on the mortgage: Principal Balance $127,380.52 Interest $3,677.28 11/01/2006 through 04/12/2007 (Per Diem $22.56) Attorney's Fees $1,250.00 Cumulative Late Charges $172.00 05/05/2006 to 04/12/2007 Cost of Suit and Title Search 550.00 Subtotal $133,029.80 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $133,029.80 7. 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 152642 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $133,029.80, together with interest from 04/12/2007 at the rate of $22.56 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, P By: A ancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 152642 LEGAL DESCRIPTION ALL that certain lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, as follows: BEING Lot No. 46 in the plan of said Borough, lying and being on the west side of Corporation Street and containing 60 feet in width on said Corporation Street, and 180 feet in depth, and bounded on the North by lot formerly of Robert Elliott, now or formerly of Samuel J. Burkholder; on the South by lot now or formerly of R.B. Miller Enterprises, now of Charles H. Anderson; and on the West by an alley. PROPERTY BEING: 9 & 11 CORPORATION STREET File #: 152642 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. ?l Gam,- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: I 13-01 0 E 103 13 ' 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 WELLS FARGO BANK, N.A. 3476 STATEVIEW BLVD. FORT MILL, SC 29715 Plaintiff, V. BRANDY N. MOODY PHILLIP B. GOSHORN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2083 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 BRANDY N. MOODY and PHILLIP B. GOSHORN, Defendant(s) for failure to file an Answer to Plaintiff s 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 $133,029.80 Interest from 04/13/07 to 06/20/07 $1,556.80 TOTAL $134,586.44 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and /,?37.1, copy attached. (2) that notice has been given in accordance with Rule DANIEL G. SCHMIEG, Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ri 2007 R PROTHY 152642 '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 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. PHILIP B. GOSHORN BRANDY N. MOODY Defendants TO: PHILIP B. GOSHORN I I CORPORATION STREET NEWVILLE, PA 17241 DATE OF NOTICE: MAY 30.2007 CUMBERLAND COUNTY : NO. 07-2083-CIVIL TERM FILE COPY 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. HALLINAN, ESQUIRE Attorneys for Plaintiff * 'PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY PHILIP B. GOSHORN BRANDY N. MOODY : NO. 07-2083-CIVIL TERM Defendants TO: BRANDY N. MOODY 71 CIRCLE DRIVE DILLSBURG, PA 17019 F I L E DATE OF NOTICE: MAY 30, 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 ti FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff " PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff Vs. CIVIL DIVISION : CUMBERLAND COUNTY PHILIP B. GOSHORN BRANDY N. MOODY Defendants TO: BRANDY N. MOODY 11 CORPORATION STREET NEWVILLE, PA 17241 DATE OF NOTICE: MAY 30, 2007 NO. 07-2083-CIVIL TERM FILE CI PY 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 ---?? 5. hjJ77-_? FANCIS S. HA LINAN, ESQUIRE Attorneys for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A 3476 STATEVIEW BLVD. Plaintiff, V. BRANDY N. MOODY PHILLIP B. GOSHORN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2083 CIVIL TERM `Notice is given that a Judgment in the above-captioned matter has been entered against you on JILL ZS 200x. By: /-< / e ? - ci?? If you have any questions concerning this matter, please contact: ANIEL G. S IEG, EAttorney 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." ` 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 WELLS FARGO BANK, N.A 3476 STATEVIEW BLVD. Plaintiff, V. BRANDY N. MOODY PHILLIP B. GOSHORN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2083 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 BRANDY N. MOODY is over 18 years of age and resides at, 71 CIRCLE DRIVE, DILLSBURG, PA 17019. (c) that defendant PHILLIP B. GOSHORN is over 18 years of age, and resides at, 11 CORPORATION STREET, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Attorney for Plaintiff C... N) Cil X- .97- -91 5!:m Fri PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK, N.A Plaintiff, V. No. 07-2083 CIVIL TERM BRANDY N. MOODY PHILLIP B. GOSHORN Defendant(s). . TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 06/20/07 to DECEMBER 5, 2007 (per diem -$22.12) Add'I Costs TOTAL $134,586.44 $3,716.16 and Costs $2,317.89 $140,620.49 DANIEL G. SCHMIEG, ESQ One Penn Center at Suburban 1617 John F. Kennedy Boule-v Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach. description of property.No. ite 1400 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. 152642 O? w? az zz ?a U? Q aA O? w? xw ?a F? ?U U-1- CD U-) .. .f 1 CV J ,A Z: CL C=l cC"i C a i 0 H ? Gp w' A a ? aiu za ? a? w o a ? a a a q?aV6 p- O O o p d?o1n° roo Q et N n a a ?W 0 a? ?w a?W a A rFi, ado A? w? U? a UU Q O V Q V9 N N U V v DESCRIPTION ALL that certain lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, as follows: BEING Lot No. 46 in the plan of said Borough, lying and being on the west side of Corporation Street and containing 60 feet in width on said Corporation Street, and 180 feet in Depth, and bounded on the North by lot formerly of Robert Elliott, now or formerly of Samuel J. Burkholder; on the South by lot now or formerly of R.B. Miller Enterprises, now of Charles H. Anderson; and on the West by an alley. BEING THE SAME PREMISES Richard B. Biller and Nancy L. Miller, his wife by their Deed dated August 8, 2003 and recorded August 14, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 258, Page 3500, granted and conveyed unto Keith E. Jones and Michele R. Wiley, adult individuals, Grantors herein. PARCEL IDENTIFICATION NO: 27-20-1754-226 Premises: 9 & I 1 Corporation Street, Newville, PA 17241 Borough of Newville Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Philip B. Goshorn and Brandy N. Moody, as joint tenants with the Right of Survivorship, by Deed from Keith E. Jones and Michele R. Wiley, adult unmarried Individuals, dated 05/05/2006, recorded 05/16/2006, in Deed Book 274, page 2716. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2083 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. Plaintiff (s) From BRANDY N. MOODY & PHILLIP B. GOSHORN (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 $134,586.44 L.L. $.50 Interest from 6/20/07 to 12/05/07 (per diem -$22.12) -- $3,716.16 and Costs Atty's Comm % Atty Paid $321.25 Plaintiff Paid Date: 06-25-07 (Seal) REQUESTING PARTY: Name DANIEL G SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Due Prothy $2.00 Other Costs $2,317.89 1ieputy 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 WELLS FARGO BANK, N.A Plaintiff, V. BRANDY N. MOODY PHILLIP B. GOSHORN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2083 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: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Attorney for Plaintiff 7 r1 :'= - jol r -.16 WELLS FARGO BANK, N.A Plaintiff, V. BRANDY N. MOODY PHILLIP B. GOSHORN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2083 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A , 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 ,11 CORPORATION STREET, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name BRANDY N. MOODY PHILLIP B. GOSHORN Last Known Address (if address cannot be reasonably ascertained, please indicate) 71 CIRCLE DRIVE DILLSBURG, PA 17019 11 CORPORATION STREET NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None w 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 11 CORPORATION STREET NEWVILLE, PA 17241 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 unswM falsification to authorities. June 20, 2007 DATE 13ANIEL G. SCHMIEG, ESQ Attorney for Plaintiff a F r r. r-A - Ti WELLS FARGO BANK, N.A Plaintiff, V. BRANDY N. MOODY PHILLIP B. GOSHORN Defendant(s). CUMBERLAND COUNTY No. 07-2083 CIVIL TERM June 20, 2007 TO: BRANDY N. MOODY 71 CIRCLE DRIVE DILLSBURG, PA 17019 PHILLIP B. GOSHORN 11 CORPORATION STREET NEWVILLE, PA 17241 * *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, 11 CORPORATION STREET, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriff s Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $134,586.44 obtained by WELLS FARGO BANK, N.A (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL that certain lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, as follows: BEING Tot No. 46 in the plan of said Borough, lying and being on the west side of Corporation Street and containing 60 feet in width on said Corporation Street, and 180 feet in Depth, and bounded on the North by lot formerly of Robert Elliott, now or formerly of Samuel J. Burkholder; on the South by lot now or formerly of R.B. Miller Enterprises, now of Charles H. Anderson; and on the West by an alley. BEING THE SAME PREMISES Richard B. Biller and Nancy L. Miller, his wife by their Deed dated August 8, 2003 and recorded August 14, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 258, Page 3500, granted and conveyed unto Keith E. Jones and Michele R. Wiley, adult individuals, Grantors herein. PARCEL IDENTIFICATION NO: 27-20-1754-226 Premises: 9 & 11 Corporation Street, Newville, PA 17241 Borough of Newville Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Philip B. Goshorn and Brandy N. Moody, as joint tenants with the Right of Survivorship, by Deed from Keith E. Jones and Michele R. Wiley, adult unmarried Individuals, dated 05/05/2006, recorded 05/16/2006, in Deed Book 274, page 2716. O =fc -:: Ln SHERIFF'S RETURN - REGULAR CASE NO: 2007-02083 P MMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS GOSHORN PHILIP B ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GOSHORN PHILIP B the DEFENDANT , at 1207:00 HOURS, on the at 11 NORTH CORPORATION STREET NEWVILLE, PA 17241 PHILLIP GOSHORN 9th day of May , 2007 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 11.52 Affidavit .00 Surcharge 10.00 .00 01310q ? 27.52 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 05/29/2007 PHELAN HALLINAN SCHMIEG By: , Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-02083 P C10MMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS GOSHORN PHILIP B ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MOODY BRANDY N the DEFENDANT , at 1207:00 HOURS, on the 9th day of May 2007 at 11 NORTH CORPORATION STREET NEWVILLE, PA 17241 PHILLIP GOSHORN, BOYFRIEND by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 11/a/01 16.00 Sworn and Subscibed to before me this day So Answers: ?' R. Thomas Kline 05/29/2007 PHELAN HALLINAN SCHMIEG By: eputy Sheriff of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-02083 P dOMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS GOSHORN PHILIP B ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GOSHORN PHILIP B but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT GOSHORN PHILIP B 9 NORTH CORPORATION STREET , NOT FOUND , as to NEWVILLE, PA 17241 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge (.1016 7 ;x?- 18.00 11.52 ? 4or 5.00 R. Thomas Kline 10.00 ,S ri f of Cumberland County .00 1/ 44.52 PHELAN HALLINAN SCHMIEG 05/29/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-02083 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS GOSHORN PHILIP B ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MOODY BRANDY N but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT MOODY BRANDY N NOT FOUND , as to 9 NORTH CORPORATION STREET NEWVILLE, PA 17241 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 1 .00 21.0b So an i R. Tftomas Kline e i f of Cumberland County ELAN HALLINAN SCHMIEG 05/29/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02083 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS GOSHORN PHILIP B ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: GOSHORN PHILIP but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On May 29th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: So ans s• Docketing 6.00 Out of County 9.00 Surcharge 10.00 1? fR?'T as Kline Dep York County 50.86 of Cumberland County Postage 1.35 77.21 v' 6?lsle? 05/29/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of , A. D. SHERIFF'S RETURN - OUT OF COUNTY BASE NO: 2007-02083 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS GOSHORN PHILIP B ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: MOODY BRANDY N but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On May 29th , 2007 this office was in receipt of the attached return from YORK Sheriff's Costs: So a Docketing 6.00 Out of County .00 Surcharge 10.00 R. as Kline .00 er'ff of Cumberland County .00 16.00 ? 1.?1J? q 05/29/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of , A. D. 1152642 COUNTY OF YORK 1 OF 2 OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 L1 SERVICE CALL. (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LV E 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ 2 COURT?Ntffi civil 3. DEFELL'R SFARGO HAM, / 4. TYPE OF WRIT OR COMPLAINT C I M F SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION O fPRJOPERTY TO BE LEVIED, ATTACHED, OR SOLD PHILIP R C-.[ S RN ?? AL C'/ ? y 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO, TWP, STATE AND ZIP CODE) AT 71 CTRCT'R DRTVK- DTTTgRTTRG- PA 17019 c;?- C2fC4'$k 7. INDICATE SERVICE L3 PERSONAL t] PERSON IN CHARGE DEPUTIZE J MA ? 1ST CLASS MAIL U POSTED -I OT ER NOW April 16 -'2007 I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this y*is-an!?jmake return th cording to law. This deputization being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVIC6U T OF COUNTY PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES AND 1 TIME AFTER 6PM. ADVANCE FEE PAID BY ATTY. Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 1617 JFK BLVD SUITE 1400 10. TELEPHONE NUMBER 11 DATE FILED FRANCIS S. BALLINAN PHILADELPRIA, PA 19103 215-563-7000 4/13/2007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed A notice is to be mailed). CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LW 13. 1 acknowledge receipt of the writ 4. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. MJ MC G I L L Y C SO kl/13/2007 15/13/2007 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. I hereby cerby and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 16. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTS D M Time Miles Int. Date Time Miles Int Date Time Miles Int Date Time Miles Int. Date Time Miles Int. Dale Time Miles Int. 22. REMARKS: PER MRS. ROCHELLE BRANT (MOTHER ) SHE SAYS HE DOES NOT LIVE AT THIS ADDRESS AND NEVER HAS. HE IS AT 9 & 11 CORPORATION ST., NEWVILLE, PA 17241 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. Costs 33 Costs Due or efun Check No $100.00 )CA, 00 cg? I P L, 69 1150a 34. Foreign County Costs 35. Advance Costs 36. Service Costs Cert. 37Notary 38. Mileage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund SO ANSWERS 41. AFFIRMED _ t 44. Signature of 45. DATE 42. day of _ p. Sheriff NOT ARIA NOTARY 46 Signature of York r. 47 DATE LISA L E?O'r01AN, NOTARY PUBLIC County Sheriff " CITY OF YORK, YORK COUNTY 141LL1Ai,1 ii "a OS ,SHE"AIF - MYCOM ISS' 0;' EXPIR SA.'!G. 12, 2009 d 48. Signature of Foreign 49 DATE County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE J 51 UA rE KEGE1VEU OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. VA41TE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office 2 OF 2 COUNTY OF YORK OFFICE OF THE SHERIFF ;#152642 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL. (717) 7.11-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THIVU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ 3 DEFENDANT/S/ PHILP B. GOSHORN & BRANDY N. MOODY 2 COURT NUMBER 07-2083 civil 4. TYPE OF WRIT OR COMPLAINT CIMF MORTGAGE FORECLOSURE SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR 5OLU RRANDY ig MWDY 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO. CITY, BORO. TWP, STATE AND ZIP CODE) AT 71 CIRCLE DRIVE, DILLSBURG, PA 17019 7. INDICATE SERVICE O PERSONAL U PERSON IN CHARGE DEPUTIZE J CE T L U 1ST CLASS MAIL U POSTED J OTHER ?,-sa- - NOW April 16 , 20 07 I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute thi ake return tccording to law. This deputization being made at the request and risk of the plaintiff. ?' SHERIFF OF COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERO%T OF COUNTY CLrnberland PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES AND 1 TIME AFTER 6PM• ADVANCE FEE PAID BY ATTY. Please mail return of service to Cmberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED FRANCIS S. HALLINAN 1b17 JFK BLVD SURE 1400 PHILADELPHIA, PA 19103 215-563-7000 4/13/2007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must be completed if notice is to be mailed). CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SWJW - DO NOT WRFTE BELOW THS LNG 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 4/11/20( 7 5/13/2007 16. HOW SERVED: PERSONAL( ) RESIDENCe><' POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. // A D TI LE OF INDIVIDUAL SERVED / LIST ADDRESS H RE IF NOT SHOWN ABOVE (Relationshi o Defendant) ,? ? 19 Date o?f Service ' f 20 Time of Service ri-rln ?-J- C o CC ?iF G Z 21. A EMPTS Date Time Miles Int. Date Time Miles Int. Date Time Miles Int Date a Miles Int. Date Time Miles Int. Dale Time Miles Int. y 22. REMARKS 23. Advance Costs 24 Service Costs 25 N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound J 30 Notary 31. Sufchg. 32. Tot. Costs 33 Costs Due or Refund Check No. 34. ForWgn County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. Mileage/Postage/Not Found 39 Total Costs 40 Costs Due or Refund SO ANSWERS 41. AFFIRMED and su!>scritxtd to befo me this ?FEi)PO O T of 4+. Signature id Z / J l ?(? 45. OATS ?0 12. day of h , Sheriff NOTAP " 6. Signature of York County Sheriff J 47. DATE 5/7/07 LISA L. BOA 1'v1AN ^ Q Ir?,?Y PUBLIC ,- lin -LL a U- ' ?L L CITY OFYORK, YORK COUNTY L xl t i ER FF 0 S E SL MY COMMISSION EXP!RESAUG 12 2009 8. Signature of Foreign 49 DATE . , County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 151 UA 1 E KEGtIVEU OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office 9E :1 d L 1 ddtl 1001 J, 0 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. Plaintiff VS. Philip B. Goshorn Brandy N. Moody Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 07-2083 CIVIL TERM 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 April 13, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on June 25, 2007 in the amount of $134,586.44. 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 December 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. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $127,380.52 Interest Through 12/05/07 9,107.77 Per Diem $23.00 Late Charges 172.00 Legal fees 1,250.00 Cost of Suit and Title 1,565.39 Sheriffs Sale Costs 0.00 Property Inspections 60.00 Appraisal/Brokers Price Opinioin 0.00 Mortgage Ins. Premium/Private 259.57 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 1,829.39 TOTAL $141,624.64 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on September 25, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: ? 61 a I 6-? Phelan Hallinan & Sc ieg, LLP By: M chele M. Bra fo d, squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. Court of Common Pleas Plaintiff : Civil Division vs. : Cumberland County Philip B. Goshorn : No. 07-2083 CIVIL TERM Brandy N. Moody Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 9 & I 1 Corporation Street, Newville, PA 17241. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgagee 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. Cion oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: ? CA 3?1 ?% 9 1 i S e LLP By: Michele M. Bradford, Esq 'r Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP 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 152642 WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff PHILIP B. GOSHORN BRANDY N. MOODY 9 & 11 CORPORATION STREET NEWVILLE, PA 17241 Defendants n ^' ° O - Mir - -n ?' bGiJ U ° 4 .. j ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 011 --Jo . C:. l v c ?, l FOL. CUMBERLAND COUNTY ATTt'aNEy ME OPY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ALE We hereby ceruty -Ent- hMn to be a true anc, oorrect copy of the original filed of record File t1: 152642 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 #: 152642 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 File 11: 152642 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 k: 152642 1. Plaintiff is WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: PHILIP B. GOSHORN BRANDY N. MOODY 9 & 11 CORPORATION STREET NEWVILLE, PA 17241 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/05/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCAS A NOMINEE FOR SLM FINANCIAL CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1950, Page: 3315. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 12/01/2006 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 #: 152642 6. The following amounts are due on the mortgage: Principal Balance $127,380.52 Interest $3,677.28 11/0 1 /2006 through 04/12/2007 (Per Diem $22.56) Attorney's Fees $1,250.00 Cumulative Late Charges $172.00 05/05/2006 to 04/12/2007 Cost of Suit and Title Search $550.00 Subtotal $133,029.80 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $133,029.80 7. 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third parry purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 152642 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $133,029.80, together with interest from 04/1212007 at the rate of $22.56 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, P By: / cis S. Hal inan < LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 152642 LEGAL DESCRIPTION ALL that certain lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, as follows: BEING Lot No. 46 in the plan of said Borough, lying and being on the west side of Corporation Street and containing 60 feet in width on said Corporation Street, and 180 feet in depth, and bounded on the North by lot formerly of Robert Elliott, now or formerly of Samuel J. Burkholder; on the South by lot now or formerly of R.B. Miller Enterprises, now of Charles H. Anderson; and on the West by an alley. PROPERTY BEING: 9 & I 1 CORPORATION STREET File #: 152642 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. See. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: _ y - 1;) -01.? PHELAN HALLINmi & SCHMIEG, L.L.P. By: DANIEL G. SCUMIEG Identifieation No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION ATTORNEY F{« COPY 1617 JOHN F. KENNEDY BLVD., SUITE 1400 D PLEAS * ?; PHILADELPHIA, PA 19103-1814 R? ?1f (215) 563-7000 WELLS FARGO BANK, N.A .3476 STATEVIEW BLVD. CUMBERLAND COUNTY FORT MILL, SC 29715 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 07-2083 CIVIL TERWb o BRANDY N. MOODY PHILLIP B. GOSHORN `? c M13 ? Defendant(s). . • C, rn PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO " ANSWER AND ASSESSMENT OF DAMAGES X TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against BRANDY N. MOODY and PHILLIP B. GOSHORN, 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 RETURN $133,029.80 Interest from 04/13/07 to 06/20/07 $1,556.80 TOTAL $134,586.44 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. r' ATTORNEY FILE COPY .. vPLEASE RETURN A)\TIEL G. SC IEG, ESQPIqE Attorney for P? intiff l ORNFY FILE COPY r''. DAMAGES ARE HEREBY ASSESSED AS INDICATED. PLEASE RFTUR.rU 411 DATE: PRO PROTHY 152642 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 September 25, 2007 Philip B. Goshorn Brandy N. Moody 9 & 11 Corporation Street Newville, PA 17241 RE: Wells Fargo Bank, N.A. vs. Philip B. Goshorn and Brandy N. Moody Premises Address: 9 & 11 Corporation Street, Newville, PA 17241 Cumberland County CCP, No. 07-2083 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by Monday, October 1, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V y , the e . Bra fo d, Esquire For Phelan Hallinan & Schmieg, LLP Enclosure I d VIA a a7- w0" a nlvvi £045??ad? 04084w doo f IQOZ . s O C. 019 1 S 9 ' # 0 on 0 a i N o d Q a o c a3 an rn ? o O s-. O a ?a .? p o U c 4.0 ?n V1 Q oo Z o U, O EA a ?oa ? T p, V P.g ? ?n S ?A N .5 m '? ? ? l1 O t.f.-.. Z O C O O YD ? T C n a r r z : ?,,, o .a g u? p c N "m %6b w ?b o saom y '[3 U W N a u ? n o > 0 v O0?5-o K' c S °' N a a w ar ? aW N N Q 0 c ?a s m Z .? a N N E Z. a? N i V u ? `D r' oo rn ? ?b? •a f ? M zd0 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: )CA &? A Phelan Hallinan & Schmieg, LLP 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 Wells Fargo Bank, N.A. Plaintiff VS. Philip B. Goshorn Brandy N. Moody Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division Cumberland County No. 07-2083 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. Philip B. Goshorn Philip B. Goshorn Philip B. Goshorn Brandy N. Moody 71 Circle Drive 1871 Old Main Drive 9 & 11 Corporation Street Dillsburg, PA 17019 Shippensburg, PA 17257 Newville, PA 17241 DATE: L 0 Phelan Hallinan & Sc ' g, LLP Wd , qure Attorney for Plaintiff C3 J? OCT 0 52001,41? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, N.A. Plaintiff vs. Philip B. Goshorn Brandy N. Moody Court of Common Pleas : Civil Division : Cumberland County : No. 07-2083 CIVIL TERM Defendants /,? RULE AND NOW, this ?Q day of (!? 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. - lddJ G?'.w? ? i?? Rule Returnable evait, ia. BY THE C URT J. Mi le M. Bradford, Esquire elan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michel e. bradford(.2fedphe.com J Philip B. Goshorn LJA?T Old Main Drive Shiipppensburg, PA 17257 i .?hilin B. Goshorn 71 Circle Drive Dillsbure. PA 17019 152642 Philip B. Goshorn / Br dy N. Moody 11 Corporation Street d??ddd Newville, PA 17241 ,??-??? ?,? :Di u? ? ? Z?© ?.DO? ?? ? h???? j?,??t 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 Wells Fargo Bank, N.A. Plaintiff vs. Philip B. Goshorn Brandy N. Moody Defendants Court of Common Pleas Civil Division : Cumberland County : No. 07-2083 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 November 5, 2007 was sent to the following individual on the date indicated below. Philip B. Goshorn Brandy N. Moody 9 & 11 Corporation Street Newville, PA 17241 DATE: I A01 l-' Philip B. Goshorn 71 Circle Drive Dillsburg, PA 17019 Philip B. Goshorn 1871 Old Main Drive Shippensburg, PA 17257 Phelan Hallinan & c ieg, LLP B: ichele M. Bradford quire Attorney for Plaintiff Q 49 , AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A DEFENDANT(S) BRANDY N. MOODY PHILLIP B. GOSHORN SERVE BRANDY N. MOODY AT 71 CIRCLE DRIVE DILLSBURG, PA 17019 SERVED CUMBERLAND COUNTY No. 07-2083 CIVIL TERM ACCT. #152642 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 5, 2007 Served and made known to ['ar+r?? 1V1-,rTDefendant, on the day of Sure 200 7 at y = Lls . o'clock _E.m., at 71 Cm lc br-,ug ? 1S6rcn pA- ?7d t A Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. _3Z-Adult family member with whom Defendant(s) reside(s). N e and Relationship is mo4er drr. 10c kC 11e 9rct-4 Adult in charge of Defendant(s)'s residence who refitsed 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: Description: Age LWt Height S ?E,,r Weight I Wt Race ja2_ Sex F_ Other I, a ,s,}a6O( bcm,'s C- Mvb- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner asset forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of -},.. Ak , 20017. By ., Notary: r C ONWEALTH OF PENN&YL ANIA PLEASE TTEMPT S> wy T 3 TI ES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. RYAN P GALVIN, Notary City o ph,;a apnia, Phila. Ceunty N T SERVED My Commission Expires Dees 21,2008 On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1St Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of 7200-. Notary: _ Vacant i 2°, Attempt: I / Time: Attornev for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 O c3 - !? rr C ) nl xt { r0 ..5'3 ;: 6.. rn <, C7 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF WELLS FARGO BANK, N.A No. 07-2083 CIVIL TERM DEFENDANT(S) BRANDY N. MOODY PHILLIP B. GOSHORN ACCT. #152642 SERVE PHILLIP B. GOSHORN AT Type of Action 11 CORPORATION STREET - Notice of Sheriff's Sale NEWVILLE, PA 17241 Sale Date: DECEMBER 5, 2007 / SERVED Served and made known to 1,::517411"o Defendant, on the :;LY day of , 200 Z at 4/- ,?o , o'clock /?m., at , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). N e and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to g ve name or relationship. Manager/Clerk of place. of lodging in which Defendant(s) res de(s). Agent or person in charge of Defendant(s)'s office or usual p ace of business. an officer of said Defendant(s)'s ompany. Other: Description: Age ? i) Height 6 ! Weight ZAD Race rirJ Sex 4, Other I, ? oO?T46-'L , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of 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 subscr•b e e iso7_?ay / of 2002. % No By: EASE MPT ERVICE A LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE t<.-:-;, F ' `.C ATTEMPTED. a,a r; New Jersey Pn; ?:_iA c• HARRIS NOT SERV91) Commission Expires June 16, 2008 On the day of , 200. at o'clock _.in., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 15` Attempt: / / Time: 2?d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attoj before me this day DAN of , 200. One Notary: By: 1617 (215) G. SCHMIEG, Esquire - I.D. No. 62205 Center at Suburban Station, Suite 1400 i F. Kennedy Boulevard hia, PA 19103-1814 7000 aa- a? rv -LI s ? ? R PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station - Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Attorney for Plaintiff (215) 563-7000 WELLS FARGO BANK, N.A Plaintiff vs BRANDY N. MOODY PHILIP B. GOSHORN Defendant(s) CUMBERLAND COUNTY NO. 07-2083 CIVIL TERM SITGGF.STTON OF RFC-ORD CHANGE. RE: DFFE,NDANT'S NAME DANIEL G. SC) IlVIIEG attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief the Defendant's name was erroneously listed as: PHILLIP B. GOSHORN The correct name for the Defendant(s) are: PHILIP B. GOSHORN Kindly change the information on the docket. -rt SALE DATE: DECEMBER 5, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A No.: 07-2083 CIVIL TERM VS. BRANDY N. MOODY PHILLIP B. GOSHORN AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 9 AND 11 CORPORATION STREET, NEWVILLE, PA 17241. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ES Attorney for Plaintiff October 29, 2007 -WELLS FARGO BANK, N.A Plaintiff, V. BRANDY N. MOODY PHILIP B. GOSHORN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2083 CIVIL TERM Amended AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A , 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 9 & ,11 CORPORATION STREET, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name BRANDY N. MOODY Last Known Address (if address cannot be reasonably ascertained, please indicate) 71 CIRCLE DRIVE DILLSBURG, PA 17019 PHILIP B. GOSHORN 11 CORPORATION STREET NEWVILLE, PA 17241 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 t 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which=may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX'DIVISION INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 9 & 11 CORPORATION STREET NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 ATTN: JOHN MURPHY 6' FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 1001 LIBERTY AVENUE 13' FLOOR, SUITE 1300 PITTSBURGH, PA 15222 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. October 29, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 1175 V40 a:, £ov6v Z J-00 01.084 ?ZQ J-00 oaso, 0 o a Q U ? H rp a a ? ?a a a c u ay T p d p V h ' u Il a 0,0 , a '? M p w i a O W N a A ? W ? O v a ;.,H w UO d C? WN MW c? Ln (n 0 C4 o b d a ?-+ N N a i„y ri ct' E-? d v-4 Z rX4 O w Opp a >Z•? x a O?Hpvs?cnOV?W? ?$ ,a a r- p U ?p?a L 10 s.• moo N M oa SV .• 'o &n w .?a w ? U v p U o? o? u ?a I p? - t-s 1 77, PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. Plaintiff VS. Philip B. Goshorn Brandy N. Moody Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas Civil Division : Cumberland County No. 07-2083 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE Wells Fargo Bank, N.A., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on October 5, 2007. 3. A Rule was entered by the Court on or about October 10, 2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on October 16, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of November 5, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP 111 (0 1 or --- Date Aichhel. ra ord, Esquire Attorney for the Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. Plaintiff vs. Philip B. Goshorn Newville, PA 17241 Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas Civil Division : Cumberland County : No. 07-2083 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on October 5, 2007. A Rule was entered by the Court on or about October 10, 2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on October 16, 2007 in accordance with the applicable rules of civil procedure. Defendants failed to respond or otherwise plead by the Rule Returnable date of November 5, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. pMichleM. AL N & SCHMIEG, LLP Date ra f , Esquire Attorney for the Plaintiff OCT 0 6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, N.A. Plaintiff VS. : Court of Common Pleas : Civil Division : Cumberland County Philip B. Goshorn Brandy N. Moody : No. 07-2083 CIVIL TERM Defendants RULE AND NOW, this day o 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule AVIV of ?On7 at UoUMMMe, , BY COURT J. Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford a(l edphe.com Philip B. Goshorn Brandy N. Moody 9 & 11 Corporation Street Newville, PA 17241 Philip B. Goshorn 1871 Old Main Drive Shippensburg, PA 17257 Philip B. Goshorn 71 Circle Drive Dillsburg, PA 17019 152642 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 _n XV Wells Fargo Bank, N.A. 0, ?: ra O ?TrST- ATTORNEY FOR PLAI TIFF- r' R o -? Plaintiff vs. : Court of Common Pleas : Civil Division Cumberland County Philip B. Goshorn ° No. 07-2083 CIVIL TERM Brandy N. Moody , Defendants' C y TION OF SERVICE VC 'W I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 5, 2007 was sent to the following individual on the date indicated below. Philip B. Goshorn Brandy N. Moody 9 & 11 Corporation Street Newville, PA 17241 Philip B. Goshorn 71 Circle Drive Dillsburg, PA 17019 DATE: i bI l (p 16 Vt q Philip B. Goshorn 1871 Old Main Drive Shippensburg, PA 17257 Phelan Hallinan & $c miep, LLP Michele M. Bradford Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S 111ulff --- Date §4904 relating to the unsworn falsification of authorities. ichele 4ad, 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 Wells Fargo Bank, N.A. Plaintiff VS. Philip B. Goshorn Brandy N. Moody Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas Civil Division Cumberland County : No. 07-2083 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. Philip B. Goshorn Brandy N. Moody 9 & 11 Corporation Street Newville, PA 17241 Philip B. Goshorn 71 Circle Drive Dillsburg, PA 17019 DATE: 1) -1 b I Philip B. Goshorn 1871 Old Main Drive Shippensburg, PA 17257 Phe n al SBra LLP B: Miche, Esquire Attorney for Plaintiff X AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A DEFENDANT(S) BRANDY N. MOODY PHILLIP B. GOSHORN SERVE BRANDY N. MOODY AT 71 CIRCLE DRIVE DILLSBURG, PA 17019 CUMBERLAND COUNTY No. 07-2083 CIVIL TERM ACCT. #162642 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 5, 2007 SERVED 1 C+l Served and made known to ryrul? NNDoja Defendant, on the 1 day of Note&4u- 200 , at H , o'clocke.m., at 71 C,r? br 've- D,'IlsbJen P#- / JO! 9 , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _YND?tlrr one ginOke I /e 0ran0/7, 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: Description: Age Height i] x_' Weight lSa?' Race 41 Sex _ Other I, Coos&bU-, benn.`s (• AA" , 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. Sworn to and subscribed before a this / day of , 200 Notary: i By: PLEASE AT F T 3"TIME ?. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTSERVED On the day bI""`,_.__ 0`0_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vt Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200_. Notary: Vacant 2°d Attempt: / / Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ,WN N_ Q - Tf "t1 "aL7W" ;a Fn r' 6,1'1 f?7 Gov e gap l ?,, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. Plaintiff vs. Philip B. Goshorn Brandy N. Moody Court of Common Pleas Civil Division : Cumberland County : No. 07-2083 CIVIL TERM Defendants ORDER AND NOW, this 3 day of i'jr? , 2007, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance Interest Through 12/05/07 $127,380.52 Per Diem $23.00 9,107.77 Late Charges Legal fees 172.00 Cost of Suit and Title 1,250.00 Sheriffs Sale Costs 1,565.39 Property Inspections 0.00 Appraisal/Brokers Price Opinion 60.00 Mortgage Ins. Premium/Private Mortgage Ins 0.00 . NSF (Non-Sufficient Funds charge) 259.57 0.00 "Ot\JA1? Loot Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from 12/05/07 through the date of sale at six percent per annum. 0.00 1,829.39 $141,624.64 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE C URT: J. 152642 AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A CUMBERLAND COUNTY No. 07-2083 CIVIL TERM DEFENDANT(S) BRANDY N. MOODY PHILLIP B. GOSHORN ACCT. #152642 SERVE PHILLIP B. GOSHORN AT Type of Action 9 & 11 CORPORATION STREET - Notice of Sheriffs Sale NEWVILLE, PA 17241 Sale Date: DECEMBER 5, 2007 SERVED , r Served and made known to P W ,l.( P ?S)}ORN , Defendant, on the `T'4 day of No V OM662 , 200 T, at ( I ' SS , o'clock .g.m., at it (?a AP0 A47- I DN 5. r NCaW V (L( F- C Sommmonwealth 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: Description: Age 3os Height 5'(0 k Weight 96 Race W Sex W Other I, P(lM*" k1o Int.- . 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. Sworn to and sub cribed before me this da of N0?:4,??ra?Z 200 Notary: By: PLEASE ATTEMP SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY On tWy C Wffij Q JEXPIRES 10/2512012 .200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 j-< ?9 -- :?.. ? ..,W., ?' -?-i c:a, .?... _.., " ' -?:? ? ? ??:-w [\,3 -; ?; C't'? 1°` ?. ?} ?° ?' - "G'. . _,? a? , ? PHELAN HA,LLINAN & BY: DANIEL SCHMIEG, L.L.P. G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN 1617 JOHN F. KENNEDY BLV STATION PHILADELPHIA, PA 19103-1814 SUITE 1400 215 563-7000 WELLS FARGO BANK, N.A 3476 STATEVIEW BLVD. FORT MILL, SC 29715 V. Plaintiff, . BRANDY N• MOODY PHILLIP B. GOSHORN Defendant(s). • CUMBERLAND COUNTY COURT OF COMMON PLEAS • CIVIL DIVISION NO. 07-2083 CIVIL TERM AMENDVY% pRAECIPE FOR IN REM ANSWER AND ASSE E? OF DR FAILURE TO TO THE PROTHONOTARY: AMAGES Kindly enter an in rem judgment in favor of the Plaintiff and against B glad PHI days LIP R. within from GOSHservice' Defendant(s) for failure to file ?NDI' N. Plaintiffs d thereof and for Foreclosure an Answer to Plaintiffs Co ------ amageS as follows: and Sale of the mortgaged premises, and assess As set forth in Complaint Interest from 04/13/07 to 06/20/07 TOTAL $133,029.80 $1,556.64 $134,586.44 I hereby certify that (1) the addresses of the (2) that notice has been given in accordance Plaintiff and Defendant (s) with Rule 237.1 (s) are as shown above, and copy attached. DANIEL G. SCHIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY DATE: 152642 ASSESSED AS INDICATED. PRO PRO HT y 1 r-n .G J-j V -- .? ' OD . N COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wells Fargo Bank N A is the grantee the same having been sold to said grantee on the 5th day of Dec A.D., 2007, under and by virtue of a writ Execution issued on the 25th day of June, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 2083, at the suit of Wells Fargo Bank N A against Brandy N Moody & Phillip B Goshorn is duly recorded as Instrument Number 200746888. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 2d day of 0-4- , A.D. 006'07 Recorder of Deeds Meco of Deocia c urnr? n" County, Carlin, PA Y lion Expires to Firat MW&y of den. 2010 i 1 Wells Fargo Bank, N.A. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Brandy N. Moody and Writ No. 2007-2083 Civil Term Phillip B. Goshorn R. Thomas Kline, Sheriff, who being duly swron according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Brandy N. Moody, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description in the above entitled action, according to law. York County Return: And Now: October 15, 2007 at 8:55 o'clock pm served the within Real Estate Writ, Notice of Sale and Description upon Brandy N. Moody by handing to Rochelle Brandt, mother of Brandy N. Moody, at 71 Circle Drive, Dillsburg, PA 17019, and made known unto her the contents thereof according to law. So answers: William M. Hose, Sheriff of York County, Pennsylvania. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1052 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Phillip B. Goshorn, by making known unto Jessica Aby, adult in charge, at 11 Corporation Street, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1052 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Brandy N. Moody and Phillip B. Goshorn located at 11 Corporation Street, Newville, Cumberland County, Pennsylvania according to law. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 24, 2007 at 1710 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Brandy N. Moody and Phillip B. Goshorn located at 09 Corporation Street, Newville, 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: Phillip B. Goshorn by regular mail to his last known address of 11 Corporation Street, Newville, PA 17241. This letter was mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. 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: Brandy N. Moody by regular mail to her last known address of 71 Circle Drive, Dillsburg, PA 17019. This letter was mailed under the date of November 02, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 5, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Wells Fargo Bank, N.A. It being the highest bid and best price received for the same, Wells Fargo Bank, N.A. of 3476 Stateview Blvd., Fort Mill, SC 29715 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $998.43. 1 Sheriffs Costs: Docketing $30.00 Poundage 19.58 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 11.52 Levy 15.00 Surcharge 30.00 Out of County 9.00 York County 64.72 Law Journal 355.00 Patriot News 293.69 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 998.43 So Answers- 4 R. Thomas Kline, Sheriff B,_ Real Estat Sergeant ,1131/67 y? .crJ?o C,. ?`" dot cFi G ? t WELLS FARGO BANK, N.A CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS BRANDY N. MOODY CIVIL DIVISION PHILLIP B. GOSHORN NO. 07-2083 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WELLS FARGO BANK, N.A , 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 ,11 CORPORATION STREET, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name BRANDY N. MOODY PHILLIP B. GOSHORN Last Known Address (if address cannot be reasonably ascertained, please indicate) 71 CIRCLE DRIVE DILLSBURG, PA 17019 11 CORPORATION STREET NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None I I 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 11 CORPORATION STREET NEWVILLE, PA 17241 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 unswAm falsification to authorities. June 20, 2007 DATE 9ANIEL G. SCTIMII Attorney for Plaintiff WELLS FARGO BANK, N.A Plaintiff, V. BRANDY N. MOODY PHILLIP B. GOSHORN Defendant(s). CUMBERLAND COUNTY No. 07-2083 CIVIL TERM June 20, 2007 TO: BRANDY N. MOODY 71 CIRCLE DRIVE DILLSBURG, PA 17019 PHILLIP B. GOSHORN 11 CORPORATION STREET NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WASNOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 11 CORPORATION STREET, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $134,586.44 obtained by WELLS FARGO BANK. N.A (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (,215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten 00) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL that certain lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, as follows: BEING Lot No. 46 in the plan of said Borough, lying and being on the west side of Corporation Street and containing 60 feet in width on said Corporation Street, and 180 feet in Depth, and bounded on the North by lot formerly of Robert Elliott, now or formerly of Samuel J. Burkholder; on the South by lot now or formerly of R.B. Miller Enterprises, now of Charles H. Anderson; and on the West by an alley. BEING THE SAME PREMISES Richard B. Biller and Nancy L. Miller, his wife by their Deed dated August 8, 2003 and recorded August 14, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 258, Page 3500, granted and conveyed unto Keith E. Jones and Michele R. Wiley, adult individuals, Grantors herein. PARCEL IDENTIFICATION NO: 27-20-1754-226 Premises: 9 & 11 Corporation Street, Newville, PA 17241 Borough of Newville Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Philip B. Goshorn and Brandy N. Moody, as joint tenants with the Right of Survivorship, by Deed from Keith E. Jones and Michele R. Wiley, adult unmarried Individuals, dated 05/05/2006, recorded 05/16/2006, in Deed Book 274, page 2716. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-2083 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. Plaintiff (s) From BRANDY N. MOODY & PHILLIP B. GOSHORN (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 $134,586.44 L.L. $.50 Interest from 6/20/07 to 12/05/07 (per diem -$22.12) -- $3,716.16 and Costs Atty's Comm % Atty Paid $321.25 Plaintiff Paid Date: 06-25-07 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $2,317.89 rt s R. Long, Prothonotary - 01- Deputy Name DANIEL G SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 12 On August 2, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Newville Borough, Cumberland County, PA Known and numbered as 11 Corporation St., Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 2, 2007 By Real Estate ergeant tODl G ?1 .The Patriot-News Co. . 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 atrI*otWd(ws Now you know THE PATRIOT NEWS. THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 10/24/07 Baal softwada lie. It 10/31/07 11/07/07 r_ K 4? i #1 ......... ........... u c AIL to obi of *A* is Sworn to an s cribed e re me this 30 day of November, 2007 A.D. F sP New?o, Caafbaimd- ? 9 ° i °-Notary Public WON" or NN&WI& bh4 W. °r %owdy of Samuel 7. COMMONWEALTH OF PENNSYLVANIA m the Sow aY Ior awe dRe. OF *Maly Notarial Seal 1 pow d C?dtti A. Aodamaa doe?el byanaBey. James LDark,Notary PuAC City Of HaMsW% Dauphin Courtly W Commission Expires June 2, 2008 Member, Pennsylvenle Association of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2 and November 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 12 Writ No. 2007-2083 Civil Wells Fargo Bank, N.A. vs. Brandy N. Moody and Phillip B. Goshorn Atty.: Daniel Schmieg DESCRIPTION ALL that certain lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, as follows: BEING Lot No. 46 in the plan of said Borough, lying and being on the west side of Corporation Street and containing 60 feet in width on said Corporation Street, and 180 feet in Depth, and bounded on the North by lot formerly of Robert Elliott, now or formerly of Samuel J. Burkholder; on the South by lot now or formerly of R.B. Miller Enterprises, now of Charles H. Anderson; and on the West by an alley. BEING THE SAME PREMISES Richard B. Miller and Nancy L. Miller, sa Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 9 day of November, 2007 Notary , NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My CommMlon Expires Apr 28, 2010